January 30, 2019 - Opinions - Louisiana Supreme Court

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January 30, 2019 
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<table cellpadding="5" cellspacing="0" style="" width="90%"><tbody style=""><tr style="" valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #005</div></td></tr><tr valign="top"><td style="" valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinions handed down on the 30th day of January, 2019, are as follows:&nbsp;BY JOHNSON, C.J.:<a href="/opinions/2019/18-1271.CJ.OPN.pdf">2018-CJ-1271 STATE OF LOUISIANA IN THE INTEREST OF A.L.D. AND L.S.D.</a> (Parish of Caddo) We granted a writ in this termination of parental rights case to determine if the court of appeal erred in reversing a district court judgment terminating the parental rights of the father, C.K.D. In this case, the state proved by clear and convincing evidence the grounds for termination under Louisiana Children&rsquo;s Code article 1015(6) and that termination was in the best interests of the children. These findings are clearly supported by the record and are reasonable in light of the record in its entirety. The court of appeal erred by substituting its own judgment for that of the district court. Therefore, we reverse the ruling of the court of appeal and reinstate the district court&rsquo;s ruling, terminating the parental rights of C.K.D. REVERSED. JUDGMENT OF THE DISTRICT COURT REINSTATED. REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.HUGHES, J., dissents and would affirm the court of appeal.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2019/17-1490.K.OPN.pdf">2017-K-1490 STATE OF LOUISIANA v. ISSA L. LAMIZANA, JR.</a> (Parish of Orleans) The court of appeal reversed defendant&rsquo;s convictions for aggravated rape and sentences of life imprisonment because it found the district court erred in quashing the subpoena of a Department of Children and Family Services investigator, who was the first person to interview the victims and their mother, and in refusing to allow the defense to call this investigator to testify at trial. We granted the State&rsquo;s application to examine the correctness of that ruling. Upon additional review, however, it became apparent that the record is inadequate to make that determination. Therefore, we reverse the court of appeal, and remand to the district court to conduct an evidentiary hearing consistent with the views expressed here. After the district court conducts the evidentiary hearing, defendant can again appeal his convictions and sentences. REVERSED AND REMANDED&nbsp;<a href="/opinions/2019/18-0383.B.OPN.pdf">2018-B-0383 IN RE: WILLIAM MAGEE</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that William Magee, Louisiana Bar Roll number 8859, be and he hereby is suspended from the practice of law for a period of two years. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect; 10.1, with legal interest to commence thirty days from the date of finality of this court&rsquo;s judgment until paid.WEIMER, J., concurs in part and dissents in part and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2019/18-0711.KK.OPN.pdf">2018-KK-0711 STATE OF LOUISIANA v. MELVIN MIGUEL</a> (Parish of Orleans) Finding that the totality of the circumstances present here gave the detective probable cause to believe the prescription bottle contained contraband, we find the plain view exception to the warrant requirement applies. Accordingly, we reverse the court of appeal, reinstate the district court&rsquo;s ruling that denied defendant&rsquo;s motion to suppress the evidence, and remand to the district court for further proceedings. REVERSED AND REMANDEDJOHNSON, C.J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by the court of appeal and for the reasons assigned by Chief Justice Johnson.&nbsp;<a href="/opinions/2019/18-0726.C.OPN.pdf">2018-C-0726 TASHA GRIGGS, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, AUSTIN GRIGGS v. BOUNCE N' AROUND INFLATABLES, L.L.C. AND JACK ALAN LEBLANC</a> (Parish of Ascension) In this case, we are called upon to decide a question we left unresolved in Mott v. River Parish Maintenance, 432 So.2d 827 (La. 1983) &ndash; namely, whether a minor who is illegally hired and engaged in a prohibited task at the time of his injury is subject to the exclusive remedy of the workers&rsquo; compensation law. For the reasons that follow, we hold that the exclusive remedy provisions are applicable under these facts. The judgment of the court of appeal is affirmed. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2019/18-0848.B.OPN.pdf">2018-B-0848 IN RE: DANIEL E. BECNEL, III</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Daniel E. Becnel, III, Louisiana Bar Roll number 20692, be and he hereby is suspended from the practice of law for a period of one year and one day. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect; 10.1, with legal interest to commence thirty days from the date of finality of this court&rsquo;s judgment until paid.WEIMER, J., concurs in part and dissents in part and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2019/18-1333.B.OPN.pdf">2018-B-1333 IN RE: FELIX DEJEAN, IV</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Felix Anthony DeJean IV, Louisiana Bar Roll number 25028, be and he hereby is suspended from the practice of law for a period of one year and one day. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect; 10.1, with legal interest to commence thirty days from the date of finality of this court&rsquo;s judgment until paid.Retired Judge Benjamin Jones, assigned as Justice ad hoc, sitting for Weimer, J., recused. Retired Judge Burrell Carter, assigned as Justice ad hoc, sitting for Genovese, J., recused.&nbsp;<a href="/opinions/2019/18-1472.B.OPN.pdf">2018-B-1472 IN RE: ALICIA JOHNSON BUTLER</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Alicia Johnson Butler, Louisiana Bar Roll number 26613, be and she hereby is suspended from the practice of law for a period of one year and one day. All but six months of this suspension shall be deferred, subject to respondent&rsquo;s successful completion of a two-year period of probation governed by the conditions set forth in this opinion. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect; 10.1, with legal interest to commence thirty days from the date of finality of this court&rsquo;s judgment until paid.GENOVESE, J., dissents and, considering the facts presented herein, would reject any deferral of suspension.&nbsp;&nbsp;
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