December 7, 2001 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #096</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 7th day of December, 2001, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/01c0528.opn.pdf">2001-C- 0528 ANDREZJ SAWICKI v. K/S STAVANGER PRINCE AND ASSURANCEFORENINGEN SKULD</a> (Parish of St. Bernard) For this reasons, we reverse the holdings of the district court and court of appeal, and remand this case to the district court for further proceedings. SUMMARY JUDGMENT FOR DEFENDANT REVERSED REMANDED TO DISTRICT COURTRetired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/01kk1383.opn.pdf">2001-KK- 1383 STATE OF LOUISIANA v. RODRIGO LOPES</a> (Parish of Orleans) (Forcible Rape) For the foregoing reasons, the judgment of the district court which denied the defendant's motion for the appointment of an interpreter is reversed and set aside. This matter is remanded to the district court for the purpose of holding a hearing on the defendant's motion in accordance with the views expressed in this opinion. REVERSED AND REMANDED TO THE DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk1383.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00k1507.rev.pc.pdf">2000-K- 1507 STATE OF LOUISIANA v. ILA WOMACK-GREY</a> (Parish of Orleans) (Second Degree Murder) Accordingly, the decision below is reversed, the respondent's conviction and sentence are reinstated. Because the majority opinion addressed only the first three of respondent's assignments of error, this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error. JUDGMENT REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO THE COURT OF APPEAL.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.VICTORY, J., concurs.&nbsp;<a href="/opinions/2001/00k1573.pc.pdf">2000-K- 1573 STATE OF LOUISIANA v. RALPH OTIS JACKSON</a> (Parish of Cameron) (Attempted Aggravated Rape) The decision below is therefore reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error pretermitted in original appeal. JUDGMENT REVERSED; CASE REMANDED TO THE COURT OF APPEAL.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/00k1705.pc.pdf">2000-K- 1705 STATE OF LOUISIANA v. BERNELL ROMAN</a> (Parish of Orleans) (Possession of a Firearm by a Previously Convicted Felon) The decision of the court of appeal is therefore reversed, respondents' conviction and sentence are reinstated, and respondent is referred to post-conviction proceedings on any claim of ineffective assistance of counsel. This case is remanded to the court of appeal for consideration of his remaining assignments of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/00ck2560.pc.pdf">2000-CK- 2560 STATE OF LOUISIANA IN THE INTEREST OF T.A.</a> (Parish of Orleans) Accordingly, as opposed to simply deleting the condition placing respondent in the Impact Program, we vacate that condition and remand the case to the juvenile court for further consideration in light of the views expressed herein. DECISION OF COURT OF APPEAL ON REHEARING VACATED; CASE REMANDED TO THE JUVENILE COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01b1117.pc.pdf">2001-B- 1117 IN RE: ROBERT W. SHARP </a>(Disciplinary Proceedings) Upon consideration of the record, briefs and oral argument, it is ordered that Robert W. Sharp be suspended from the practice of law in the State of Louisiana 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's judgment until paid.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #094</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;17th day of December, 2004&nbsp;, is as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2004/03C3511.opn.pdf">2003-C -3511&nbsp;&nbsp;&nbsp;&nbsp; ANTHONY DESHOTEL, ET AL. v. GUICHARD OPERATING COMPANY, INC.</a> (Parish of Acadia) For the above and foregoing reasons, the judgment of the court of appeal and the Office of Workers' Compensation sustaining defendant's motion for summary judgment is affirmed.&nbsp; AFFIRMED.&nbsp; CALOGERO, C.J., concurs and assigns reasons.&nbsp; KNOLL, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #094</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;19th day of December, 2000, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2000/00cc0947.opn.pdf">2000-CC- 0947 PHYLLIS KAY ROBY DOERR, ET AL. v. MOBIL OIL CORPORATION,&nbsp;ET AL.</a> (Parish of St. Bernard) For the foregoing reasons, the decision of the court of appeal is reversed and the district court's ruling reinstated, denying Genesis Insurance Company's Motion for Summary Judgment. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED; MOTION FOR SUMMARY JUDGMENT DENIED; REMANDED TO DISTRICT COURT.<a href="/opinions/2000/00cc0947.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory, J. KNOLL, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #093</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;28th day of November, 2001, are as follows:&nbsp; &nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00K1437.opn.PDF">2000-K- 1437 STATE OF LOUISIANA v. EARL BLAKE YOUNG</a>&nbsp;(Parish of Pointe Coupee) (Attempted Simple Burglary and Second Degree Battery) Defendant's conviction of attempted simple robbery is hereby reversed and the sentence therefor is set aside. Defendant's conviction of second degree battery is affirmed subject to the order of the court of appeal in No. 99-1310 which reversed defendant's third felony habitual offender adjudication, vacated defendant's sentence, and remanded the case to the trial court for resentencing. REVERSED IN PART; AFFIRMED IN PART.Retired Judge Robert L. Lobrano, assigned as Justice ProTempore, participating in the decision. TRAYLOR, J., dissents in part and concurs in part for reasons assigned by Knoll, J.<a href="/opinions/2001/00k1437.JTK.PDF">KNOLL, J., dissents in part and concurs in part&nbsp;and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01C0462.opn.PDF">2001-C- 0462 LISA VASALLE AND RENELLE VASALLE v. WAL-MART STORES, INC.&nbsp;ET AL.</a> (Parish of Calcasieu) After reviewing the record in the instant matter, we conclude the jury's verdict was reasonably supported by the evidence. Plaintiffs are therefore not entitled to a JNOV or a new trial. In light of these findings, we hereby reinstate the jury's verdict. REVERSED. VERDICT REINSTATED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01CC1136.opn.PDF">2001-CC- 1136 SYLVIA GOINS v. WAL-MART STORES, INC. AND JAMES BANKS</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we reverse the judgments of the trial court and court of appeal. Wal-Mart's motion for summary judgment is granted, and the case against Wal-Mart is dismissed with prejudice. REVERSED: SUMMARY JUDGMENT GRANTED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.JOHNSON, J., concurs.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2001/00c1394.opn.pdf">2000-C- 1394 DONNA LABOVE, ET VIR. v. ROY RAFTERY, JR. ET AL.</a>&nbsp;(Parish of Cameron) C/W 2000-C- 1423 For the foregoing reasons, we hold that the jury was manifestly erroneous in finding CSB liable for age discrimination and intentional infliction of emotional distress. Accordingly, we reverse the judgments of the lower courts and dismiss plaintiff's action. REVERSED AND RENDERED.Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to his retirement.<a href="/opinions/2001/00c1394.JTK.PDF">KNOLL, J., dissents in part concurs in part and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01C0714.OPN.PDF">2001-C- 0714 IVAN L. HAND, JR. v. GWENDOLYN ROBINSON HAND</a>&nbsp;(Parish of St. Mary) For the foregoing reasons, the decision of the court of appeal is REVERSED and the judgment of the district court, sustaining the exception of no cause of action is reinstated.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01o2304.opn.pdf">2001-O- 2304 IN RE: JUDGE CHARLES R. JONES </a>For the reasons stated herein, it is ordered that Judge Charles R. Jones be, and he hereby is, suspended for thirty days, for violating Canons 1, 2A, 3B(1), of the Code of Judicial Conduct, as well as Art. V, Section 25(C) of the Louisiana Constitution. Additionally, it is ordered that Judge Jones reimburse the Louisiana Judiciary Commission $4,772.25, representing the costs incurred during the investigation and prosecution of the case.Retired Justice Walter F. Marcus, Jr. and retired Judge Anne L. Simon assigned as Justices ad hoc. Associate Justice Catherine D. Kimball, recused.<a href="/opinions/2001/01o2304.jpv.pdf">VICTORY, J., concurs and assigns additional reasons. </a><a href="/opinions/2001/01o2304.jtk.pdf">KNOLL, J., dissents in part and concurs in part and assigns reasons. </a>SIMON, J., dissents in part and concurs in part for the reasons assigned by Justice Knoll.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00ka0434.opn.pdf">2000-KA- 0434 STATE OF LOUISIANA v. CURTIS DEAL</a> (Parish of Caddo) (First Degree Murder) For the reasons assigned herein and in the unpublished appendix, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which:(1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/00ka0434.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01c0631.opn.pdf">2001-C- 0631 LULA MAE JENNINGS v. JOHNNY E. TURNER, JR.</a> (Parish of Orleans) For the reasons stated above, the judgment of the court of appeal is reversed and the matter is remanded to the trial court to partition the pension benefits under the formula enunciated in Sims v. Sims, 358 So.2d 919 (La. 1978). REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c0631.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01kk1080.opn.pdf">2001-KK- 1080 IN RE: LIONEL "LON" BURNS</a> (STATE OF LOUISIANA V. GEORGE LEE, III) (Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal affirming Lionel Burns' conviction for constructive contempt for tampering with or planting evidence is reversed and the judgment of the court of appeal affirming Lionel Burns' conviction for constructive contempt for failing to disclose the discovery of the evidence is affirmed. We vacate Lionel Burns' sentence of six months imprisonment and order Burns to pay a fine of $500.00. REVERSED IN PART; AFFIRMED IN PART; SENTENCE VACATED. LIONEL BURNS ORDERED TO PAY FINE OF $500.00.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk1080.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a><a href="/opinions/2001/01kk1080.bjj.pdf">JOHNSON, J., concurs and assigns reasons. </a><a href="/opinions/2001/01kk1080.jtk.pdf">KNOLL, J., concurs in part and dissents in part, and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/01kk0732.opn.pdf">2001-KK- 0732 STATE OF LOUISIANA v. JAMES WILLIAMS</a> (Parish of Orleans) (Possession of Cocaine With Intent to Distribute) For the foregoing reasons, we reverse the trial court ruling granting the defendant's motion to suppress the cocaine seized in his residence. The motion to suppress is denied. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk0732.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2001/01kk0732.bjj.pdf">JOHNSON, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/00k1725.opn.pdf">2000-K- 1725 STATE OF LOUISIANA v. SIDNEY WILLIAMS</a> (Parish of E. Baton Rouge) (DWI) For the foregoing reasons, the judgment of the appellate court is affirmed and this case is remanded to the district court for re-sentencing. Those appellate court decisions inconsistent with the views expressed in this opinion are overruled. AFFIRMED AND REMANDED TO DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participated in the decision.<a href="/opinions/2001/00k1725.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2001/00k1725.rll.pdf">LOBRANO, J., concurs and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01c0511.opn.pdf">2001-C- 0511 ARCHER DANIELS MIDLAND COMPANY, ET AL. v. THE PARISH SCHOOL BOARD OF THE PARISH OF ST. CHARLES, INDIVIDUALLY AND AS COLLECTING AGENT FOR THE PARISH COUNCIL OF ST. CHARLES, ET AL. C/W TULANE FLEETING, INC. v. THE PARISH SCHOOL BOARD OF THE PARISH OF ST. CHARLES, INDIVIDUALLY AND AS COLLECTING AGENT FOR THE PARISH COUNCIL OF ST. CHARLES, ET AL</a> (Parish of St. Charles) Accordingly, we reverse the lower courts and remand this matter to the district court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c0511.bjj.pdf">JOHNSON, J., dissents and assigns reasons. </a>VICTORY, J., concurs.&nbsp;<a href="/opinions/2001/01cc0987.opn.pdf">2001-CC- 0987 CONNIE JO FINK v. STEPHEN BRYANT</a> (Parish of St. Charles) For the foregoing reasons, the judgments of the lower courts are reversed and set aside. This matter is remanded to the district court to determine the merits of the contempt rule. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cc1076.opn.pdf">2001-CC- 1076 RODNEY G. DELANEY v. CITY OF ALEXANDRIA</a> (Parish of Rapides) For the reasons set forth above, we reverse the judgment of the district court denying the City of Alexandria's motion for summary judgment, and we render judgment in favor of the City dismissing plaintiff's action. REVERSED AND RENDERED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cj2128.opn.pdf">2001-CJ- 2128 STATE OF LOUISIANA IN THE INTEREST OF SNW, CJW, CLM, CNM, JAM &amp; IMM v. SADIE W. MITCHELL AND CHRISTOPHER L. MITCHELL, SR.</a> (Parish of Rapides) For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate the judgment of the district court terminating the parental rights of Sadie Mitchell. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/01c0678.pc.pdf">2001-C- 0678 LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY v. WAYNE L. ROTTMAN</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the court of appeal dismissing the petition of the Louisiana Department of Environmental Quality is reversed. The July 16, 1999 judgment of the district court making the 1991 compliance order a judgment of the district court and executory for all purposes is reinstated. All costs in this court are assessed against defendant.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01c0899.pc.pdf">2001-C- 0899 MARY LOUISE HOGUE, ET AL. v. DR. RANDY SUSSMANE-STUBBS AND WESTERN INDEMNITY INSURANCE COMPANY&nbsp;(INTERVENOR-THE LOUISIANA PATIENTS' COMPENSATION FUND)</a> (Parish of Ouachita) Accordingly, we recall our order of June 1, 2001, as improvidently granted, and deny the application of the Louisiana Patients' Compensation Fund.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cc0961.pc.pdf">2001-CC- 0961 HUEY J. RIVET, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT</a> (Parish of St. Charles) For the reasons assigned, the judgment of the district court granting a new trial is reversed. The August 10, 1999 judgment awarding attorney's fees is reinstated. All costs in this court are assessed against plaintiffs.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #092</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;13th day of December, 2004&nbsp;, are as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2004/03k3514.opn.pdf">2003-K -3514 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ALLEN SCOTT WILLIAMS</a> (Parish of Lasalle) (Hit and Run Driving) For the reasons stated herein, we hold that the evidence, viewed in the light most favorable to the prosecution, supports defendant's conviction, and we affirm defendant's conviction and sentence. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. VICTORY, J., concurs in the result and assigns reasons. KNOLL, J., additionally concurs with reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2004/04o2123.opn.pdf">2004-O -2123 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JUDGE TIMOTHY C. ELLENDER</a> (Judiciary Commission of Louisiana) Upon review of the record, briefs, and oral argument, it is ordered that Judge Timothy Ellender, be suspended from his office of Judge, Thirty-Second Judicial District Court for the Parish of Terrebonne for a period of one year, without pay, with six months deferred. During his suspension, it is ordered that Judge Ellender complete the condition set forth in this opinion. Failure to adhere to the condition, may be grounds to revoke the deferred portion of the suspension. All costs and expenses, amounting to $2,136.70 (Two thousand, one hundred and thirty six and 70/100 dollars), are assessed against Judge Ellender in accordance with Supreme Court Rule XXIII, &sect;22.Judge Edwin A. Lombard assigned as Justice ad hoc, sitting in the place of Associate Justice Bernette J. Johnson, recused. Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting in the place of Associate Justice John L. Weimer, recused.VICTORY, J., dissents and assigns reasons. HIGHTOWER, J., ad hoc, dissents and assigns reasons. LOMBARD, J., ad hoc, additionally concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2004/04b1453.pc.pdf">2004-B -1453 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JOHN B. COMISH</a> (Disciplinary Proceedings) 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 John B. Comish, Louisiana Bar Roll number 4392, be suspended from the practice of law in Louisiana for a period of three years. It is further ordered that all but one year and one day of the suspension shall be deferred, subject to the condition that any future misconduct 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #092</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;15th day of December, 2000, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2000/99k2476.pc.pdf">1999-K- 2476 STATE OF LOUISIANA v. JAMES TYRONE RANDALL</a> (Parish of Rapides) (Simple Robbery) The district court therefore properly declined to substitute its judgment as to the appropriate punishment for that of the legislature. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; SENTENCE REINSTATED; CASE REMANDED.LEMMON, J., not on panel. See La. S.Ct. Rule IV, Part II, Section 3.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2000/99ob2903.pc.pdf">1999-OB- 2903 IN RE: JEROME N. BAYLIS</a> (Bar Admissions) Accordingly, it is ordered that the application for admission is denied.CALOGERO, C.J., concurs in denying admission at this time. JOHNSON, J., would grant admission, with certain restrictions. KNOLL, J., would conditionally grant admission and place petitioner on probation.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #090</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;14th day of December, 2000, are as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99ka2014.pc.pdf">1999-KA- 2014 STATE OF LOUISIANA v. MARY A. MURPHY</a> (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606, (La. 7/6/00), _____, So.2d_____, regarding La.R.S. 14:89(A)(2), the ruling of the district court is reversed an the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2016 STATE OF LOUISIANA v. LINDA M. WOODS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (LA. 7/6/00), _____So.2d_____, regarding La.R.S. 14:89(A)(2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2017 STATE OF LOUISIANA v. JUNIUS SMITH, JR. (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____So.2d_____, regarding La.R.S. 14:89(A)(2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2018 STATE OF LOUISIANA v. SHIRLEY HARRIS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____So.2d_____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2020 STATE OF LOUISIANA v. MICHAEL HARRIS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in State v. Smith, 99-0606 (La. 7/6/00), _____So.2d_____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2082 STATE OF LOUISIANA v. DEBRA A. MOLETT (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____So.2d_____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANED.&nbsp;1999-KA- 2083 STATE OF LOUISIANA v. SANDRA D. WOODS a/k/a RUTH HARNESS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in State v. Smith, 99-0606 (La. 7/6/00), _____So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2088 STATE OF LOUISIANA v. ANDREA P. SHERMAN (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2089 STATE OF LOUISIANA v. WENDELL BERNARD (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2090 STATE OF LOUISIANA v. MICHELLE L. GUIDRY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2091 STATE OF LOUISIANA v. MICHELLE L. GUIDRY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2092 STATE OF LOUISIANA v. DIANNE M. WILLIAMS A/K/A ANGEL GIBBS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;1999-KA- 2093 STATE OF LOUISIANA v. DIANNE M. WILLIAMS A/K/A ANGEL GIBBS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0090 STATE OF LOUISIANA v. CLAIRE E. WILLIAMS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (LA. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0091 STATE OF LOUISIANA v. KAREN T. BENJAMIN (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0092 STATE OF LOUISIANA v. JANICE M. JAMES (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0093 STATE OF LOUISIANA v. RICHARD REAUME (Parish of Orleans) (Crime Against Nature) For the reasons assigned in State v. Smith, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2) the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0094 STATE OF LOUISIANA v. DEBORAH KARNSTEDT (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0095 STATE OF LOUISIANA v. ANNETT SIMMS (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0096 STATE OF LOUISIANA v. SANDY STANSBERRY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0097 STATE OF LOUISIANA v. DEBORAH CLARADY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0098 STATE OF LOUISIANA v. CORY A. GRESSETT (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0099 STATE OF LOUISIANA v. SANDY L. STANSBERRY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED&nbsp;2000-KA- 0100 STATE OF LOUISIANA v. BETTY A. JONES (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 0101 STATE OF LOUISIANA v. DANA A. ALEXIE (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1530 STATE OF LOUISIANA v. JOANN M. BAILEY (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1531 STATE OF LOUISIANA v. SHARON HUFF (Parish of Orleans) (Crime Against Nature) For the reasons assigned in State v. Smith, 99-0606 (La. 7/6/00), _____ So. 2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1532 STATE OF LOUISIANA v. LINDA MONNIE (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La. 7/6/00), _____ So.2d _____, regardng La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1533 STATE OF LOUISIANA v. GWENDOLYN SMITH (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606 (La.7/6/00), _____So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1534 STATE OF LOUISIANA v. LISA M. SCOTT (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606, (La. 7/6/00), _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;2000-KA- 1535 STATE OF LOUISIANA v. CAROL A. HEBERT (Parish of Orleans) (Crime Against Nature) For the reasons assigned in&nbsp;State v. Smith&nbsp;, 99-0606, (La. 7/6/00, _____ So.2d _____, regarding La.R.S. 14:89 (A) (2), the ruling of the district court is reversed and the matter is remanded for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #089</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;1st day of December, 2004&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/news_releases/2004/documents/04c0451.opn.pdf">2004-C -0451 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; VAYNEARY WILLIAMSON v. HOSPITAL SERVICE DISTRICT </a><a href="/news_releases/2004/documents/04c0451.opn.pdf">NO. 1 OF JEFFERSON&nbsp;</a>D/B/A WEST JEFFERSON MEDICAL CENTER (Parish of Jefferson) Therefore, the rulings of the lower courts are reversed and this matter is remanded to the district court for further proceedings. REVERSED AND REMANDED.Judge Phillip C. Ciaccio, retired, sitting ad hoc for Associate Justice Chet D. Traylor, recused.&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/news_releases/2004/documents/03k3522.opn.pdf">2003-K -3522 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ARTHUR MAJOR, III&nbsp;</a>(Parish of St. Martin) (Possession of Cocaine in Excess of 400 Grams) For the foregoing reasons, the judgment of the court of appeal is reversed, defendant's conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of the remaining assignments of error pretermitted on original appeal. REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:&nbsp;<a href="/news_releases/2004/documents/04ka0846.opn.pdf">2004-KA-0846 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. SHANTELL DENSON&nbsp;</a>(Parish of Orleans) (One Count of Armed Robbery and One Count of Attempted Armed Robbery) For the foregoing reasons, the judgment of the trial court, declaring article 648(B)(2) of the Louisiana Code of Criminal Procedure unconstitutional, is affirmed. AFFIRMED.JOHNSON, J., concurs. TRAYLOR, J., concurs.&nbsp;<a href="/news_releases/2004/documents/04c1058.opn.pdf">2004-C -1058 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; TAMEKO BENJAMIN, ON BEHALF OF HER MINOR CHILD,</a><a href="/news_releases/2004/documents/04c1058.opn.pdf">DARIONE BENJAMIN v. HOUSING AUTHORITY OF NEW ORLEANS&nbsp;</a>(Parish of Orleans) For the foregoing reasons, the judgments of the lower courts are reversed and plaintiff's petition is dismissed with prejudice. REVERSED.KIMBALL, J., dissents and assigns reasons.&nbsp; JOHNSON, J., dissents. &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:&nbsp;<a href="/news_releases/2004/documents/04cd0857.opn.pdf">2004-CD-0857 WARREN W. HOAG, JR., ET AL v. STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) Thus, the issuance of a writ of mandamus is inappropriate under the facts of this case. REVERSED. WRIT OF MANDAMUS RECALLED. &nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/news_releases/2004/documents/04c0794.opn.pdf">2004-C -0794 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STEVE PRATOR, SHERIFF OF CADDO PARISH, LOUISIANA</a> <a href="/news_releases/2004/documents/04c0794.opn.pdf">v. CADDO PARISH&nbsp;</a>&nbsp; (Parish of Caddo) For the above reasons, we vacate the court of appeal's decision that there was no justiciable controversy regarding the credit issue. We remand this matter to the court of appeal for an opinion on the merits of the credit issue. We find no error in the court of appeal's disposition of all other issues in this case and affirm. VACATED IN PART AND REMANDED TO THE COURT OF APPEAL FOR OPINION; AFFIRMED IN PART.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/news_releases/2004/documents/04b0170.pc.pdf">2004-B -0170 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JOHN CHRISTOPHER MARTIN </a>(Disciplinary Proceedings) 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 John Christopher Martin, Louisiana Bar Roll number 22502, be suspended from the practice of law in Louisiana for a period of three years. This suspension shall be retroactive to October 24, 2001, the date of respondent's interim suspension. 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's judgment until paid.Retired Judge Fred C. Sexton, Jr., assigned as Justice ad hoc, sitting for Associate Justice Catherine D. Kimball, recused.JOHNSON, J., concurs.&nbsp;&nbsp;<a href="/news_releases/2004/documents/04kp0575.pc.pdf">2004-KP-0575 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE EX REL JIMMY RAY WILLIAMS v. STATE OF </a><a href="/news_releases/2004/documents/04kp0575.pc.pdf">LOUISIANA&nbsp;</a>(Parish of E. Baton Rouge) (First Degree Murder) Accordingly, we remand this matter to the district court for evidentiary hearing on the funding question and specific ruling on the statutory issue. The district court should then consider the constitutional issue presented, in light of its ruling on the statutory funding issue. This hearing should be held with preference and priority. REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #089</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;8th day of December, 2000, are as follows:&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99ko3278.opn.pdf">1999-KO- 3278 STATE OF LOUISIANA v. GERARD A. BELL</a> (Parish of Ascension) (Armed Robbery) For these reasons, the defendant's conviction and sentence are reversed, and the case is remanded to the district court for a new trial.TRAYLOR, J., dissents for reasons assigned by Knoll, J. <a href="/opinions/2000/99ko3278.jtk.pdf">KNOLL, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99k3304.pc.pdf">1999-K- 3304 STATE OF LOUISIANA v. PAUL A. JAMES</a> (Parish of St. Tammany) (Possession of Cocaine with Intent to Distribute) Accordingly, the decision of the court of appeal is reversed, the trial court's original judgment granting the motion to suppress is reinstated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein.<a href="/opinions/2000/99k3304.cdt.pdf">TRAYLOR, J., dissents&nbsp;and assigns reasons. </a><a href="/opinions/2000/99k3304.jtk.pdf">KNOLL, J., concurs&nbsp;and assigns reasons.</a>&nbsp;<a href="/opinions/2000/99k3612.pc.pdf">1999-K- 3612 STATE OF LOUISIANA v. LEE EDWARD DONALD</a> (Parish of Caddo) (Convicted Felon in Possession of a Firearm) Accordingly, the decision of the Second Circuit is reversed and this case is remanded to the court of appeal for consideration of the remaining assignments of error pretermitted on original appeal. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2000/00kk0178.pc.pdf">2000-KK- 0178 STATE OF LOUISIANA v. CARL WILSON, ET AL.</a> (Parish of Orleans) (Possession of Cocaine with Intent to Distribute) Accordingly, the judgments below are reversed and this case is remanded to the trial court for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #086</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;12th day of December, 2003&nbsp;, are as follows:&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2003/03c0590.opn.pdf">2003-C -0590 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SUSAN MCKNEELY FOWLER v. CLAUDE ED FOWLER&nbsp;</a>(Parish of Livingston) For the reasons assigned, the judgments of the lower courts are affirmed. &nbsp;AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2003/03ca0732.opn.pdf">2003-CA-0732 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNWIRED TELECOM CORP., FORMERLY KNOWN AS UNWIRED, INC. AND SUCCESSOR IN INTEREST BY MERGER TO MERCURY CELLULAR TELEPHONE COMPANY v. PARISH OF CALCASIEU, LOUISIANA; THE CALCASIEU PARISH SCHOOL BOARD; THE CALCASIEU PARISH POLICE JURY; THE CALCASIEU PARISH SCHOOL SYSTEM; THE TREASURER OF THE CALCASIEU PARISH SCHOOL BOARD; AND THE TREASURER'S DESIGNATED AGENTS, INCLUDING RUFUS R. FRUGE, JR., IN HIS CAPACITY AS DIRECTOR OF THE CALCASIEU PARISH SCHOOL SYSTEM, SALES AND USE TAX DEPARTMENT</a> (Parish of Calcasieu) For the foregoing reasons, the judgment of the Court of Appeal, Third Circuit, is vacated and set aside. This matter is remanded to the trial court for the filing of pleadings to assert the unconstitutionality of 2002 La. Acts No. 85, &sect;3 and to conduct further proceedings in conformity with the views expressed herein. If the&nbsp; taking of evidence is required, the parties may be given the opportunity to introduce evidence in the district court for a determination of the constitutionality of the statute at issue. VACATED AND CASE REMANDED TO TRIAL COURTCALOGERO, C.J., dissents for reasons assigned by Weimer, J. VICTORY, J., dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0814.opn.pdf">2003-C -0814 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BYRON ELLIS TALBOT v. BERNICE ELLEN HARANG TALBOT&nbsp;</a>(Parish of Lafourche) For the foregoing reasons, we reverse the court of appeal's judgment on the community nature of the Hibernia and Bank One bank stocks and reinstate the district court's judgment. On all other issues, the court of appeal is affirmed. REVERSED IN PART OTHERWISE AFFIRMED.Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting in place of Justice John L. Weimer, recused.JOHNSON, J., concurs in part and dissents in part for reasons assigned by Traylor, J. TRAYLOR, J., concurs in part and dissents in part and assigns reasons. HIGHTOWER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/02kh1244.pc.pdf">2002-KH- 1244 &nbsp;&nbsp;&nbsp;&nbsp; STATE EX REL. TRUMAN CLAVELLE v. STATE OF LOUISIANA&nbsp;</a>(Parish of Iberia) (Probation Revocation) Under these particular circumstances, the court of appeal erred in failing to afford relator review of the merits of his claims regarding revocation of his probation. This case is therefore remanded to the court of appeal for purposes of providing relator with reasonable time in which to file for review of his revocation hearing and for a ruling on the merits of his claims.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #086</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;4th day of December, 2002, are as follows:&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/01c3180.pdf">2001-C- 3180 JOHN H. WYATT v. AVOYELLES PARISH SCHOOL BOARD&nbsp;</a>(Parish of Avoyelles)&nbsp; C/W&nbsp; 2002-C- 0131 LORRAINE SEISS v. AVOYELLES PARISH SCHOOL BOARD (Parish of Avoyelles)&nbsp; C/W&nbsp; 2002-C- 0259 PETER MARCOTTE, KEITH A. MORROW, JAMES K. BEST, WILBERT CARMOUCHE, DRUSILLA GOODY, ALBIN M. LEMOINE, JR., RICHARD MAYEAUX AND SUSAN B. ROY v. AVOYELLES PARISH SCHOOL BOARD (Parish of Avoyelles)&nbsp; For the reasons expressed herein, the judgment of the court of appeal is affirmed in part and reversed in part, and the case is remanded to the district court for judgment consistent with the opinion contained herein.&nbsp; AFFIRMED IN PART, REVERSED IN PART, and REMANDED.Retired Judge Fred C. Sexton, assigned as Associate Justice Ad Hoc, sitting for Justice Jeannette T. Knoll, recused.&nbsp;&nbsp;<a href="/opinions/2002/01c3224.pdf">2001-C- 3224 MICHAEL LAFLEUR, MANUEL CURRY AND RAYMOND KELLY, INDIVIDUALLY AND ON BEHALF OF THE CLASS OF ALL POLICE OFFICERS IDENTIFIED HEREIN v. THE CITY OF NEW ORLEANS&nbsp;</a>(Parish of Orleans)&nbsp; For the reasons expressed above, we find the lower courts erred in concluding that the city civil service rules at issue deprive plaintiffs of a vested property right. Consequently, the judgment of the court of appeal, which affirmed the trial court's judgment in favor of plaintiffs, is reversed.&nbsp; REVERSED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2002/02c0632.pdf">2002-C- 0632 ST. BERNARD PARISH POLICE JURY AND TRAVELERS PROPERTY CASUALTY CORPORATION v. JACK DUPLESSIS&nbsp;</a>(Office Of Workers' Compensation&nbsp;District 7)&nbsp; For the aforementioned reasons, we hold that Mr. Duplessis' willful misrepresentation regarding the mileage reimbursement subjected him to the forfeiture of his workers' compensation benefits, pursuant to LSA-R.S. 23:1208. Accordingly, we reverse the decisions of the OWC and court of appeal.&nbsp; REVERSED.CALOGERO, C.J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2002/02cc1127.pdf">2002-CC- 1127 BRANDON WILLIAMS v. THE CITY OF NEW ORLEANS&nbsp;BY AND THROUGH THE PUBLIC BELT RAILROAD COMMISSION OF THE CITY OF NEW ORLEANS C/W ROBERT BODENHEIMER v. NEW ORLEANS PUBLIC BELT AND CSX TRANSPORTATION, INC.</a> (Parish of Orleans)&nbsp; Accordingly, we reverse the court of appeal's ruling and remand this matter to the trial court for an evidentiary hearing to determine whether Mr. Baxley is a "visiting attorney" who is "temporarily present in this state" for the purposes of LSA-R.S. 37:214.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2002/01ka0322.pdf">2001-KA- 0322 STATE OF LOUISIANA v. DONALD S. WRIGHT&nbsp;</a>(Parish of Webster)&nbsp; (First Degree Murder)&nbsp; For the reasons assigned herein and in the unpublished appendix, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either:&nbsp; (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp; AFFIRMED.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2002/02cj1715.pdf">2002-CJ- 1715 STATE OF LOUISIANA IN THE INTEREST OF L.B. v. G.B.B&nbsp;</a>. (Parish of Rapides)&nbsp; The judgments of the lower courts are set aside and the case is remanded to the trial court for further proceedings consistent with this opinion.&nbsp;Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Jeannette T. Knoll, recused.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/01kk3196.pdf">2001-KK- 3196 STATE OF LOUISIANA v. ALAIRIS PAYNE&nbsp;</a>(Parish of Bossier)&nbsp; (First Degree Murder)&nbsp; For the foregoing reasons we reverse the rulings of the lower courts. Defendant's motion to suppress is hereby denied. This case is remanded to the district court for further proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.KIMBALL, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2002/02c0831.pdf">2002-C- 0831 SS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE MINORS, LMW, BAW AND CLW v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.</a> (Parish of Calcasieu)&nbsp; For the foregoing reasons, we reverse the judgment of the Court of Appeal, Third Circuit, that found SS's action against DSS and ETC prescribed. We reinstate the judgment of the trial court which denied the peremptory exceptions of prescription of DSS and ETC, and remand this matter to the Court of Appeal, Third Circuit, to address the remaining issues DSS and ETC raised in their respective appeals.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;<a href="/opinions/2002/02kk1022.pdf">2002-KK- 1022 STATE OF LOUISIANA v. GWANA GREEN, ET AL.</a> (Parish of Orleans)&nbsp; Accordingly, we find the lower courts erred in failing to attribute deference to the issuing magistrate's determination of probable cause. Therefore, the rulings of the trial court and the appellate court are reversed and set aside, and the defendants' motions to suppress the evidence seized pursuant to the search warrant are hereby denied. This case is remanded to the trial court for further proceedings consistent with the ruling herein.&nbsp; REVERSED AND REMANDED TO THE TRIAL COURT.&nbsp;KIMBALL, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2002/02c0556.pdf">2002-C- 0556 BOBBIE M. ROLLINS, ET AL. v. JOHNNY M. RICHARDSON, JR. ET AL.</a> (Parish of Caddo)&nbsp; The judgment of the court of appeal is reversed. Likewise, the judgment of the trial court granting partial summary judgment in favor of Allstate is reversed, and the case is remanded to the district court for further proceedings consistent with this opinion.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2002/01b2803.pdf">2001-B- 2803 IN RE: NICHOLAS SEBASTIAN MORPHIS&nbsp;</a> (Disciplinary Proceedings)&nbsp; 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 the name of Nicholas Sebastian Morphis be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp;&nbsp;<a href="/opinions/2002/02c0802.pdf">2002-C- 0802 JOSEPH WILLIAMS v. RUBICON, INC. AND LEN SANFORD</a> (Parish of&nbsp;Ascension)&nbsp; After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of June 7, 2002 as improvidently granted, and deny plaintiff's application.&nbsp;&nbsp;<a href="/opinions/2002/02b1692.pdf">2002-B- 1692 IN RE: GORDON L. HACKMAN</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Gordon L. Hackman be suspended from the practice of law in Louisiana for a period of thirty months. 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 the finality of this court's judgment until paid.&nbsp;<a href="/opinions/2002/02b1780.pdf">2002-B- 1780 IN RE: JERRY F. PALMER</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of Jerry F. Palmer be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. 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's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #086</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;26th day of October,&nbsp;2001, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2001/00k1657.pc.pdf">2000-K- 1657 STATE OF LOUISIANA v. CHARMAINE D. MILLER A/K/A DESIREE M. CHARMAINE</a> (Parish of St. Tammany) (Possession of Marijuana With Intent to Distribute) Accordingly, the decision of the court of appeal is reversed, the judgment of the district court denying respondent's motion to suppress the evidence and her statements on the scene is reinstated, respondent's guilty plea and sentence are also reinstated, and this case is remanded to the district court for execution of sentence. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED.Retired Judge Robert L. Lobrano, assigned as justice pro tempore , participating in the decision.&nbsp;<a href="/opinions/2001/01c0752.pc.pdf">2001-C- 0752 MICHAEL J. FONTENOT v. REDDELL VIDRINE WATER DISTRICT, ET AL.</a> (Office Of Workers' Compensation District 2) The judgment of the court of appeal is vacated, and the case is remanded to the Court of Appeal, Third Circuit, to render judgment anew after reconciling conflicting rulings in Fontenot v. Vidrine Water District, 00-762 (La. App. 3rd Cir. 2/21/01), 780 So.2d 1197 and Haynes v. Williams Fence and Aluminum, 01-0026 (La. App.3rd Cir. 7/25/01)---So.2d---, regarding the interpretation of La. R.S. 23:1201(F). We order the Court of Appeal, Third Circuit, to decide this matter en banc in order to achieve uniformity within the circuit.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore , participating in the decision.&nbsp;<a href="/opinions/2001/01b1722.pc.pdf">2001-B- 1722 IN RE: MICHAEL F. BARRY</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, brief of the ODC, and oral argument, it is ordered that Michael F. Barry be suspended from the practice of law for a period of six months. Following the completion of his suspension, respondent shall be subject to a one-year period of probation under the supervision of a practice monitor to be appointed by the Office of Disciplinary Counsel, and shall be required to complete the Ethics School program offered by the Louisiana State Bar Association. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #085</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;28th day of November, 2000, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/00cc0424.opn.pdf">2000-CC- 0424 DAVID BENOIT v. ALLSTATE INSURANCE COMPANY</a> (Parish of Jefferson) For the foregoing reasons, the judgment of the court of appeal is affirmed.&nbsp;<a href="/opinions/2000/00cc1123.opn.pdf">2000-CC- 1123 JIM M. MCCARROLL v. AIRPORT SHUTTLE, INC.</a> (Office Of Workers' Comp. Dist. 8) The judgment of the workers' compensation judge denying the attorney's motion for additional attorney fees is affirmed.VICTORY, J., concurs in the result. <a href="/opinions/2000/00cc1123.jtk.pdf">KNOLL, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/00c0445.opn.pdf">2000-C- 0445 MARY DAVIS v. WAL-MART STORES, INC.</a> (Parish of Jefferson) After a thorough review of the record, we do not find that the evidence so strongly and overwhelmingly pointed to only one verdict, or that the jury verdict was so unreasonable that reasonable men could have only reached one conclusion. It is not the role of the trial judge to substitute his/her evaluation of the evidence for that of the jury. In light of these findings, we hereby reinstate the jury's verdict, finding no liability on the part of defendant, Wal-Mart Stores, Inc. REVERSED.<a href="/opinions/2000/00c0445.htl.pdf">LEMMON, J., concurs&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/97ka2020.opn.pdf">1997-KA- 2020 STATE OF LOUISIANA v. FRANK FORD COSEY</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Surpeme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state postconviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2000/00b0634.opn.pdf">2000-B- 0634 IN RE: LOUIS THAD TOUPS</a> (Disciplinary Proceedings) Upon review of the record, briefs, and oral argument, it is ordered that Louis "Thad" Toups be publicly reprimanded and suspended from the practice of law in Louisiana for a period of six months, fully deferred, with a probationary period of two years. All costs and expenses in this 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's judgment until paid.LEMMON, J., dissents and will assign reasons.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/00cc0790.opn.pdf">2000-CC- 0790 EVELYN JENKINS, ET AL v. MANGANO CORPORATION, ET AL</a> (Parish of Jefferson) For the reasons assigned, the judgment of the court of appeal is affirmed. All costs are assessed against plaintiff.LEMMON, J., concurs and will assign reasons. <a href="/opinions/2000/00cc0790.bjj.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a> KNOLL, J., concurs in result.&nbsp;<a href="/opinions/2000/00cj2375.opn.pdf">2000-CJ-2375 C/W 2000-CJ-2504 STATE OF LOUISIANA IN THE INTEREST OF C.J.K. AND K.K.</a> (Parish of Calcasieu) Accordingly, we vacate the Third Circuit Court of Appeal judgment reversing the termination of J.K.'s parental rights and awarding costs of the appeal against the State. The case is remanded to the trial court for further expedited proceedings consistent with this opinion. VACATED AND REMANDED WITH INSTRUCTIONS FOR EXPEDITED TREATMENT.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/00c0798.opn.pdf">2000-C- 0798 ABL MANAGEMENT, INC. AND D'WILEY'S SERVICES, INC. v. BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the appellate court is reversed and set aside. The judgment of the district court is reinstated. REVERSED.&nbsp;<a href="/opinions/2000/00ka0923.jtk.opn.pdf">2000-KA- 0923 STATE OF LOUISIANA v. ALISTER W. BRAZLEY</a> (Parish of Orleans) (Possession With Intent to Distribute a Controlled Dangerous Substance) For the foregoing reasons, we affirm, in part, the judgment of the lower court declaring Articles 340(E) and the sentence of 342 that mandates a contradictory hearing of the Louisiana Code of Criminal Procedure unconstitutional local laws.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00b1966.pc.pdf">2000-B- 1966 IN RE: JOHN BURT KLEINPETER</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that John Burt Kleinpeter be suspended from the practice of law in Louisiana for a period of thirty-six months. All costs and expenses in this matter are assessed against respondent in accorance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.<a href="/opinions/2000/00b1966.htl.pdf">LEMMON, J., concurs in part and dissents in part, and assigns reasons.</a> KIMBALL, J., dissents and would impose a greater penalty. TRAYLOR, J., dissents and would impose greater penalties.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #083</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;29th day of October, 2004&nbsp;, is as follows:&nbsp;BY WEIMER, J.&nbsp;: <a href="/opinions/2004/04c0179.opn.pdf">2004-C -0179 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LESTER SMITH v. QUARLES DRILLING COMPANY&nbsp;</a>(Office Of Workers' Compensation District #4) For the reasons previously assigned, the decision of the court of appeal is reversed. The judgment of the workers' compensation judge is reinstated. REVERSED.KNOLL, J., additionally concurs with reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #083</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;15th day of November, 2002, is as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/02CC2449.OPN.PDF">2002-CC- 2449 C/W 2002-CC- 2452&nbsp;GLORIA SCOTT, ET AL. v. AMERICAN TOBACCO COMPANY, INC., ET AL.&nbsp;</a>(Parish of Orleans) In light of the above findings, we vacate the lower courts' rulings relating to the issue of comparative fault, presented to this court in application number 02-CC-2449, as premature. Additionally, as to application number 02-CC-2452, we vacate the court of appeal's judgment pertaining to the trial court's pre-trial order and the trial court's judgment on Motion for Notice of Fundamental Trial Issues and Reasons for Judgment, which established an amended trial plan. The matter is remanded to the trial court for further proceedings consistent with this opinion. Any request for rehearing in this matter shall be filed on or before the seventh calendar day after the mailing of the notice of judgment. VACATED AND REMANDED.Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., concurring in part and dissenting in part, and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #083</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;17th day of October, 2001, is as follows:&nbsp; &nbsp;PER CURIAM:<a href="/opinions/2001/01b2127.pc.pdf">2001-B- 2127 IN RE: ANTHONY HOLLIS</a> (Disciplinary Proceedings) For the reasons assigned, it is ordered that Anthony Hollis be suspended from the practice of law for a period of one year. It is further ordered that this suspension be fully deferred. 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's judgment until paid. Pursuant to Supreme Court Rule XIX, &sect;26(E), this judgment shall be effective upon rendition.Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.VICTORY, J., concurs in the result.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #082</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;3rd day of December, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2003/01ka2732.opn.pdf">2001-KA-2732 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. THOMAS F. CISCO, JR.&nbsp;</a>(Parish of Calcasieu) First Degree Murder, Three Counts) For the reasons set forth above, the defendant's convictions and sentence are reversed, and the case is remanded to the district court for a new trial and the appointment of defense counsel. REVERSED AND REMANDED.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0680.opn.pdf">2003-C -0680 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARK CHEAIRS v. STATE OF LOUISIANA,&nbsp;THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, BATON ROUGE POLICE DEPARTMENT, THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS&nbsp; AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a> (Parish of E. Baton Rouge) We affirm the judgment of the court of appeal on the liability portion of the bifurcated trial finding DOTD 55 percent at fault for the plaintiff's accident. The case is remanded to the district court for trial of the second of the bifurcated phases, i.e., the damages suffered by plaintiff. AFFIRMED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2003/02ka1462.opn.pdf">2002-KA-1462 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. MICHAEL D. LEGRAND&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, the defendant's conviction for first degree murder and his sentence of death are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for Certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2003/03cc0719.opn.pdf">2003-CC-0719 C/W &nbsp;&nbsp;2003-CC-0993 &nbsp;2003-CC-1002&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; RALEIGH LANDRY AND CLAILEE AUCOIN LANDRY v. AVONDALE INDUSTRIES, INC., ET AL.</a> (Parish of Orleans) For the reasons stated herein, the judgments of the court of appeal are reversed, the exceptions of no cause of action on the loss of consortium claim are granted, Mrs. Landry's pre-death loss of consortium claims are dismissed with prejudice, and the case is remanded for further proceedings. REVERSED AND REMANDED.CALOGERO, C.J., concurs in part and assigns reasons. JOHNSON, J., concurs in the result. KNOLL, J., concurs in the result only.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2003/02cc3060.opn.pdf">2002-CC-3060 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; INTERNATIONAL RIVER CENTER, ET AL. v. JOHNS-MANVILLE&nbsp;SALES CORPORATION, ET AL.</a> (Parish of Orleans) For the foregoing reasons, the ruling of the trial court is reversed. The matter is remanded to the trial court for disposition not inconsistent with this opinion. REVERSED AND REMANDED&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2003/03c0360.opn.pdf">2003-C -0360 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; THE SULTANA CORPORATION D/B/A HANNON JEWELERS v. JEWELERS MUTUAL INSURANCE COMPANY&nbsp;</a>(Parish of E. Baton Rouge) For the foregoing reasons, the judgments of the lower courts are reversed and set aside. This matter is remanded to the trial court for consideration of the award of penalties in accordance with the views expressed in this opinion. REVERSED AND REMANDED.&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2003/03k0485.opn.pdf">2003-K -0485 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. TORY BOATNER&nbsp;</a>(Parish of Orleans) (Second Degree Murder) For the foregoing reasons, we find that defendant has failed to demonstrate any prejudice from the transcript of his trial despite the numerous inaudible responses contained therein. Defendants are guaranteed a right to appeal "based upon a complete record of all evidence upon which the judgment is based." La. Const. art. I, &sect;19. Our review of the record indicates the defendant was afforded such a right. REVERSED; CONVICTION AND SENTENCE AFFIRMED.&nbsp;<a href="/opinions/2003/03c0794.opn.pdf">2003-C -0794 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MICHAEL JOSEPH GALLO v. BRENDA ANN CONNER GALLO&nbsp;</a>(Parish of Orleans) For these reasons, we dismiss with prejudice the "Petition to Disavow Paternity" as having been perempted; we reverse the judgment of the court of appeal, and we deny Mr. Gallo's motion for reimbursement. PETITION DISMISSED WITH PREJUDICE; JUDGMENT REVERSED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/02ob2578.pc.pdf">2002-OB-2578 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: KELLE HINSON-LYLES </a>(Bar Admissions) After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner has failed to meet her burden of proving that she has "good moral character" to be admitted to the Louisiana State Bar. Accordingly, it is ordered that Kelle Hinson-Lyles' petition for admission be and is denied.CALOGERO, C.J., concurs for the reasons assigned by Weimer, J. KIMBALL, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/03k0518.pc.pdf">2003-K -0518 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. WILLIAM TAVES&nbsp;</a>(Parish of Vermilion) (False Imprisonment When the Offender is Armed With a Dangerous Weapon; Second Degree Kidnapping) Accordingly, the decision of the court of appeal is affirmed in part and reversed in part, respondent's sentences are reinstated, and this case is remanded to the district court for execution of sentence. DECISION OF COURT OF APPEAL AFFIRMED IN PART, REVERSED IN PART; SENTENCES REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2003/03b0980.pc.pdf">2003-B -0980 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: DEREK JOHN HONORE</a> (Disciplinary Proceedings) 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 Derek John Honore, Louisiana Bar Roll number 25711, be suspended from the practice of law for a period of two years. It is further ordered that this suspension shall be deferred in its entirety and respondent shall be placed on supervised probation for a period of two years, subject to the conditions identified in this opinion. Any violation of the conditions of probation or other misconduct during the probationary period may be grounds for making the deferred 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's judgment until paid.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c1003.pc.pdf">2003-C -1003 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C.T. TRAINA, INC. v. SUNSHINE PLAZA, INC.&nbsp;</a>(Parish of St. Tammany) For the reasons assigned, the judgment of the court of appeal is reversed, and the judgment of the trial court in favor of C. T. Traina, Inc. is hereby reinstated. All costs in this court are assessed against Sunshine Plaza, Inc.WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/03b1608.pc.pdf">2003-B -1608 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: EDSELLE K. CUNNINGHAM </a> (Disciplinary Proceedings) 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 Edselle K. Cunningham, Louisiana Bar Roll number 4655, be suspended from the practice of law for a period of six months. Following completion of the suspension, it is ordered that respondent shall be placed on supervised probation for a period of two years, subject to the conditions identified in this opinion. Any violation of these conditions or other misconduct during the probationary period may be grounds to revoke probation and cause respondent to be suspended for the remainder of the probationary period or receive 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b1736.pc.pdf">2003-B -1736 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: GILDA R. SMALL </a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Gilda R. Small, Louisiana Bar Roll number 2114, is suspended from the practice of law for a period of one year and one day. It is further ordered respondent render accountings to her clients and refund any unearned fees. 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b1890.pc.pdf">2003-B -1890 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: RAYMOND EARL BOUDREAU, JR. </a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, and the Office of Disciplinary Counsel's brief, it is ordered that Raymond Earl Boudreau, Jr., Louisiana Bar Roll number 24028, be adjudged of additional violations warranting a lengthy suspension for his susbstantive misconduct in the Donaldson matter. These violations shall be added to his record for consideration in the event he seeks reinstatement from the suspension imposed in&nbsp;In re: Boudreau&nbsp;, 00-3158 (La. 1/5/01), 776 So. 2d 428. For his failure to cooperate in the disciplinary investigation of the Donaldson matter, it is ordered that respondent be suspended from the practice of law for a period of six months. This suspension shall run consecutively to the suspension imposed in&nbsp;In re: Boudreau&nbsp;, 00-3158(La.1/5/01), 776 So. 2d 428. 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #082</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;16th day of October, 2001, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/01c0145.opn.pdf">2001-C- 0145 JIMMY SHAY RICHARD v. MIKE HOOKS, INC. C/W JIMMY SHAY RICHARD v. MIKE HOOKS, INC. C/W JIMMY SHAY RICHARD v. BUCYRUS-ERIE COMPANY, INC. ET AL.</a> (Parish of Calcasieu) For the foregoing reasons, we reverse the finding by the trial court and court of appeal that plaintiff is a seaman entitled to Jones Act benefits, and dismiss this claim with prejudice. REVERSED; The Jones Act claim is dismissed with prejudice.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.JOHNSON, J., concurs in the result.&nbsp;<a href="/opinions/2001/01c0603.opn.pdf">2001-C- 0603 DR. RODERICK P. PERRON, M.D., CORONER v. EVANGELINE PARISH POLICE JURY, ET AL.&nbsp;</a>(Parish of Evangeline) For the reasons assigned above, we reverse the court of appeal's findings regarding plaintiff's entitlement to attorney fee expenses under La. Rev. Stat. 33:1556(B)(1). We remand the case to the district court and order that court to determine a reasonable amount representing the attorney fee expenses plaintiff incurred by prosecuting this mandamus action, including those expenses incurred on appeal. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.VICTORY, J., dissents and assigns reasons.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2001/01c0185.opn.pdf">2001-C- 0185 METRO RIVERBOAT ASSOCIATES, INC. v. THE LOUISIANA GAMING CONTROL BOARD</a> (Parish of E. Baton Rouge) For the foregoing reasons, we affirm that portion of the court of appeal's judgment vacating the judgment of the district court and dismissing the appeal, and vacate the remaining portion of the court of appeal's judgment. AFFIRMED IN PART and VACATED IN PART.Retired Justice Harry T. Lemmon, assigned as Justice ad hoc, participated in the decision in this case.VICTORY, J., concurs. LEMMON, J., concurs and will assign reasons.&nbsp;<a href="/opinions/2001/01ka0871.opn.pdf">2001-KA- 0871 STATE OF LOUISIANA v. DWAYNE FLEURY</a> (Parish of Orleans) (Theft of Goods by Misrepresentation) The judgment of the district court is reversed. The case is remanded to the district court for further proceedings. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00cc2799.opn.pdf">2000-CC- 2799 JOHN ANDERSON AND EVA WASHINGTON ANDERSON v. AVONDALE INDUSTRIES, INC</a>. (Parish of Orleans) For the reasons expressed herein, the judgment of the court of appeal is reversed and defendants T&amp;N, PLC, and Benjamin Foster Division of AmChem Products' exception of no cause of action is granted. REVERSED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/00cc2799.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons. </a>JOHNSON, J., concurs.&nbsp;<a href="/opinions/2001/01c0209.opn.pdf">2001-C- 0209 ELENA LEDO BENNETT AND MICAH KEITH BENNETT v. DR. ROBERT KRUPKIN AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal is reversed and the matter is remanded to the court of appeal to consider the merits of Board's appeal of the judgment granting Dr. Krupkin's exception of prematurity. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c0209.jtk.pdf">KNOLL, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/01c0149.opn.pdf">2001-C- 0149 BELLE PASS TERMINAL, INC. AND HAROLD J. CALLAIS v. JOLIN, INC. AND JOSEPH E. BLANCHARD, JR. C/W JOLIN, INC. v. BELLE PASS TERMINAL, INC., RICHARD P. GUIDRY, INDIVIDUALLY, ELMO J. PITRE, JR., INDIVIDUALLY AND HAROLD J. CALLAIS, INDIVIDUALLY</a> (Parish of Lafourche) For the reasons assigned, the judgment of the lower courts are reversed. The matter is remanded to the trial court for further proceedings. REVERSED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01c1967.opn.pdf">2001-C- 1967 MAGDA SOBHY AHMED AMIN v. ABDELRAHMAN SAYED BAKHATY</a> (Parish of E. Baton Rouge) Accordingly, we affirm the First Circuit Court of Appeal judgment denying Dr. Bakhaty's exceptions to subject matter and personal jurisdiction. The case is remanded to the trial court for further proceedings consistent with this opinion. AFFIRMED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c1967.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons</a>. <a href="/opinions/2001/01c1967.jpv.pdf">VICTORY, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/01c0587.opn.pdf">2001-C- 0587 J. ELISE SHELTON v. STANDARD/700 ASSOCIATES, A LOUISIANA JOINT VENTURE STANDARD/700 ASSOCIATES, INC., SMITH, BRIGHT &amp; STANDARD, L.L.C. AND BAKER GROUP ASSOCIATES, INC.</a> (Parish of Orleans) In conclusion, we find plaintiff's conjectural allegations of fraud are too speculative. Plaintiff has failed to produce factual support sufficient to establish that she would be able to satisfy her evidentiary burden of proof at trial. Summary judgment was properly granted in defendants' favor. Accordingly, the judgment of the court of appeal is affirmed. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. <a href="/opinions/2001/01c0587.bjj.pdf">JOHNSON, J., dissents and assigns reasons</a>.&nbsp; &nbsp;&nbsp;BY LOBRANO, J.:<a href="/opinions/2001/99ka2615.opn.pdf">1999-KA- 2615 STATE OF LOUISIANA v. JIMMIE C. DUNCAN</a> (Parish of Ouachita) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or(2) that Court denies his petition for certiorari; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon received notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/00c3170.opn.pdf">2000-C- 3170 NELSON NADINE WILLIAMS v. JACKSON PARISH HOSPITAL</a> (Parish of Jackson) For the above and foregoing reasons, we reverse the court of appeal and remand to the district court for further proceedings.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon. Retired Judge Philip Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.<a href="/opinions/2001/00c3170.jpv.pdf">VICTORY, J., dissents and assigns reasons</a>. TRAYLOR, J., dissents for reasons assigned by Knoll and Victory. <a href="/opinions/2001/00c3170.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01c0495.opn.pdf">2001-C- 0495 JODI KELLEY WILLIAMS v. DONALD WATSON, SWIFTY CAR RENTAL &amp; LEASING, NORTHFIELD INSURANCE COMPANY, AND STATE FARM INSURANCE COMPANY, AND ABC INSURANCE COMPANY</a> (Parish of Orleans) For the foregoing reasons, the judgment of the court of appeal is reversed and judgment on the issue of coverage is entered in favor of defendant, Allstate Insurance Company.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. <a href="/opinions/2001/01c0495.bjj.pdf">JOHNSON, J., dissents and assigns reasons</a>.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00oc3207.pc.pdf">2000-OC- 3207 SHELL PIPELINE CORPORATION v. JOHN N. KENNEDY, SECRETARY OF THE DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) For the reasons assigned, the order of the court of appeal dismissing the suspensive appeal of John N. Kennedy, Secretary of the Department of Revenue and Taxation, State of Louisiana, is vacated and set aside. The appeal is reinstated, and the case is remanded to the court of appeal for further proceedings.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01c0299.pc.pdf">2001-C- 0299 GLADYS MARIE HUNTER, ET VIR. v. WAL-MART SUPERCENTER OF NATCHITOCHES</a> (Parish of Natchitoches) For the reasons assigned, the judgment of the court of appeal affirming the district court's judgment is vacated. The district court's grant of JNOV in favor of plaintiffs is vacated and the jury's verdict is hereby reinstated.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. <a href="/opinions/2001/01c0299.jtk.pdf">KNOLL, J., dissents and assigns reasons</a>.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #081</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of December, 2011, is as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2011/11C0097.opn.pdf">2011-C -0097 GERALDINE OUBRE AND LINDA GENTRY ON THEIR BEHALF, AS WELL AS OTHERS SIMILARLY SITUATED v. LOUISIANA CITIZENS FAIR PLAN</a>&nbsp;(Parish of Jefferson) For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, and the judgment of the District Court is hereby reinstated. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.VICTORY, J., dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents for reasons assigned.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #081</div></td></tr><tr valign="top"><td 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&nbsp;30th day of November, 2010, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2010/09C2705.opn.pdf">2009-C -2705 IBERIA MEDICAL CENTER v. WENDY WARD</a>&nbsp;(Office of Workers&rsquo; Compensation District 4)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Thus, we reverse the court of appeal's rulings on these issues. AFFIRMED IN PART; REVERSED IN PART.KNOLL, J., concurs in part and dissents in part for reasons assigned.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2010/10C0373.opn.pdf">2010-C -0373 MARSH ANTHONY NOLAN v. WILSON MABRAY, LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY, AND SHELTER MUTUAL INSURANCE COMPANY</a>&nbsp;(Parish of Union)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp;<a href="/opinions/2010/10CJ1529.opn.pdf">2010-CJ-1529 STATE OF LOUISIANA IN THE INTEREST OF H.A.S. AND C.W.C.</a>&nbsp;(Parish of Lafayette)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed, and the case is remanded to the trial court for further proceedings in accordance with this opinion. REVERSED AND REMANDED.GUIDRY, J., dissents. CLARK, J., dissents with reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2010/10KK0356.opn.pdf">2010-KK-0356 STATE OF LOUISIANA v. SULLIVAN D. HARPER AND BERNARD J. HARPER</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons herein, we reverse the judgment of the court of appeal and remand this matter for further proceedings. The stay of proceedings issued by this court is hereby lifted.&nbsp; REVERSED; REMANDED TO DISTRICT COURT; STAY LIFTED.&nbsp;<a href="/opinions/2010/10O2051.opn.pdf">2010-O -2051 IN RE: JUDGE JACQUES A. SANBORN 34TH JUDICIAL DISTRICT COURT PARISH OF ST. BERNARD</a>&nbsp;(Judiciary Commission of Louisiana)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, it is ordered that Judge Jacques A. Sanborn, of the 34th Judicial District Court for the Parish of St. Bernard, is found in violation of La. Supreme Court Rule XXXIX for failure to file his financial disclosure statement for the calendar year 2008. He is ordered to pay civil penalties in the amount of $2,400 no later than thirty days from finality of this judgment to the State of Louisiana, Judicial Branch.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2010/10C0243.opn.pdf">2010-C -0243 HANS WEDE v. NICHE MARKETING USA, LLC, A LOUISIANA LIMITED LIABILITY COMPANY AND RODNEY C. WHITNEY, JR.</a>&nbsp;(Parish of St. John)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.The judgment of the court of appeal is hereby affirmed. AFFIRMED.&nbsp;<a href="/opinions/2010/10C0435.opn.pdf">2010-C -0435 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 v. KATHLEEN JOHNSON PARNELL</a>&nbsp;(Parish of Jefferson)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball; Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Justice Greg Guidry, recused.For the foregoing reasons, those portions of the appellate court decision that reversed the trial court's granting of summary judgment in favor of the Bank as to Parnell's HOEPA and wrongful seizure claims are reversed. With respect to these two claims, the judgment of the trial court is reinstated.&nbsp; REVERSED; TRIAL COURT JUDGMENT REINSTATED. (*<a href="/Rehearings?p=2011-003">See News Release 2011-003</a>)&nbsp;&nbsp;BY GUIDRY, J.:&nbsp;<a href="/opinions/2010/09C2602.opn.pdf">2009-C -2602 CHARLES DUPREE v. LAFAYETTE INSURANCE COMPANY</a>&nbsp;(Parish of St. Bernard)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we conclude the trial court abused its discretion in certifying the class. We therefore reverse the appellate court's judgment affirming the trial court's class certification, reverse the trial court's ruling granting the motion to certify the class, and remand the case for further proceedings. REVERSED AND REMANDED.JOHNSON, J., concurs in part, dissents in part and assigns reason.&nbsp;<a href="/opinions/2010/10C0388.opn.pdf">2010-C -0388 JANICE S. SULLIVAN v. PRISCILLA WALLACE, ET AL.</a>&nbsp;(Parish of Claiborne)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons set forth above, we find that a co-owner of immovable property may not be held liable to his fellow co-owners under La. Rev. Stat. 3:4278.1 when he cuts and sells timber without his co-owners' consent. We thus conclude the punitive "timber trespass" statute is inapplicable against co-owners of immovable property. Accordingly, we affirm the appellate court's judgment.&nbsp; AFFIRMED.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2010/10C0188.opn.pdf">2010-C -0188 THE SUCCESSION OF WILLIAM EDWARD FAGET C/W PIER MARIE FAGET JENKINS, AS INDEPENDENT ADMINISTRATRIX OF THE SUCCESSION OF WILLIAM EDWARD FAGET v. AUDREY MENARD FAGET</a>&nbsp;(Parish of St. Tammany)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY CIACCIO, J.:<a href="/opinions/2010/09KA0199.opn.pdf">2009-KA-0199 STATE OF LOUISIANA v. ANTHONY BELL</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned herein, the defendant's convictions and death sentences are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing. The district court shall upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La.R.S.15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with a reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.CLARK, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2010/10C0140.opn.pdf">2010-C -0140 THEODORE LANGE v. ORLEANS LEVEE DISTRICT C/W THEODORE LANGE v. ORLEANS LEVEE DISRICT</a>&nbsp;(Louisiana State Civil Service Commission)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.The decisions of the Commission and the court of appeal are hereby reversed. REVERSED.&nbsp;<a href="/opinions/2010/10C0800.opn.pdf">2010-C -0800 AGILUS HEALTH (ALLISON TAYLOR) v. ACCOR LODGING NORTH AMERICA</a>&nbsp;(Office of Workers&rsquo; Compensation District 2)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons set forth above, we find the court of appeal erred in finding that PPO discount agreements for workers' compensation services violate the provisions of the LWCA. We find the LWCA does not prohibit PPO agreements providing for discounted fees for workers' compensation services to health care providers. The decision of the court of appeal is hereby reversed.&nbsp; REVERSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2010/10C0051.opn.pdf">2010-C -0051 JAMES LASTRAPES, ET UX. v. PROGRESSIVE SECURITY INSURANCE COMPANY</a>&nbsp;(Parish of St. Landry)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the court of appeal affirming the district court's judgment granting judgment notwithstanding the verdict and awarding penalties and attorney fees is reversed. In addition, the judgment of the court of appeal reversing the district court's denial of judgment notwithstanding the verdict and awarding additional damages for future medical expenses, future pain and suffering, loss of enjoyment of life, and loss of consortium is reversed. In all other respects, the judgment of the court of appeal is affirmed. REVERSED IN PART; AFFIRMED IN PART.&nbsp;<a href="/opinions/2010/10B1479.opn.pdf">2010-B -1479 IN RE: WADE RICHARD</a>&nbsp;(Attorney Disciplinary Proceedings)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Wade Paul Richard, Louisiana Bar Roll number 19119, be and he hereby is disbarred, retroactive to February 15, 2006, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.KNOLL, J., dissents and assigns reasons. GUIDRY, J., dissents and would impose permanent disbarment. CLARK, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #081</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;19th day of December, 2008, is as follows:BY WEIMER, J.:<a href="/opinions/2008/08C0194.opn.pdf">2008-C -0194 THE SHERWOOD FOREST COUNTRY CLUB v. ELMER B. LITCHFIELD, AS SHERIFF AND EX OFFICIO TAX COLLECTOR FOR EAST BATON ROUGE PARISH, AND BRIAN WILSON, AS ASSESSOR OF EAST BATON ROUGE PARISH</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio sitting ad hoc for Kimball, J., recused.Accordingly, the judgments of the lower courts are reversed; the petition of Sherwood Forest Country Club is dismissed with prejudice.REVERSED.JOHNSON, J., concurs. KNOLL, J., additionally concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #081</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;8th day of November, 2002, is as follows:&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2002/01k0723.opn.pdf">2001-K- 0723 STATE OF LOUISIANA v. SAMUEL T. HILLS&nbsp;</a>(Parish of Orleans)&nbsp;&nbsp; (Simple Possession of Cocaine)&nbsp; The trial court therefore reached the correct result when it denied respondent's motion to suppress the evidence. To this extent, we reverse the decision of the court of appeal. However,&nbsp; in all other respects, the court of appeal adequately treated respondent's remaining assignments of error. We therefore affirm those portions of the court of appeal's opinion, reinstate respondent's conviction and sentence, and remand the case to the district court for execution of sentence.&nbsp; DECISION OF THE COURT OF APPEAL AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp; JOHNSON, J., dissents.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #081</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;13th day of November, 2000, are as follows:&nbsp; &nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/00c0795.opn.pdf">2000-C- 0795 PAUL GREEN v. NEW ORLEANS SAINTS&nbsp;</a>(Office Of Worker's Compensation District 7) For the foregoing reasons, the judgment of the court of appeal is reversed and the case is remanded to the workers' compensation judge for further proceedings. REVERSED AND REMANDED.<a href="/opinions/2000/00c0795.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons</a>. JOHNSON, J., dissents.&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00b1825.pc.pdf">2000-B- 1825 IN RE: RAY C. HARRIS </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the disciplinary board, and considering the record, it is ordered that respondent, Ray C. Harris, be suspended from the practice of law for a period of eighteen months. The matter is remanded to the Office of Disciplinary Counsel for further proceedings consistent with this opinion. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest commencing thirty days from the date of the finality of the court's judgment until paid.LEMMON, J., concurs and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #080</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;19th day of October, 2004&nbsp;, are as follows:&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2004/04c0181.opn.pdf">2004- C-0181 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LAURA E. TRUNK v. MEDICAL CENTER OF LOUISIANA AT NEW&nbsp;ORLEANS, STATE OF LOUISIANA, LOUISIANA HEALTH CARE AUTHORITY, JOHN DOE AND ABC INSURANCE COMPANY</a> (Parish of Orleans) For the reasons expressed herein, we find the jury's verdict was reasonably supported by the evidence presented in this case. Consequently, the district court erred in granting plaintiff's motion for JNOV on the issue of damages and the court of appeal subsequently erred in affirming the district court's judgment granting the JNOV. Plaintiff is not entitled to a JNOV or a new trial. In light of these findings, we hereby reinstate the jury's verdict. REVERSED IN PART. JURY VERDICT REINSTATED.&nbsp;<a href="/opinions/2004/04c0337.opn.pdf">2004- C-0337 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EVERETT KING v. PARISH NATIONAL BANK, JAMES VENEZIA,&nbsp;WENDELL FORNEA, JAMES A. MORSE, SCOGGIN &amp; ASSOCIATES, STEVE W. SCOGGIN AND A.R. BLOSSMAN, III, ABC INSURANCE COMPANY AND XYZ INSURANCE COMPANY </a>(Parish of St. Tammany) For the foregoing reasons, the judgment of the court of appeal with respect to defendants PNB, Mr. Venezia, Mr. Fornea and Mr. Morse is reversed and the grant of summary judgment by the district court is reinstated. The court of appeal's judgment regarding defendants Scoggin &amp; Associates, Mr. Scoggin, and Mr. Blossman is affirmed. REVERSED IN PART: DECISION OF DISTRICT COURT REINSTATED; AFFIRMED IN PART AND REMANDED.CALOGERO, C.J., dissents in part and assigns reasons.&nbsp;&nbsp;BY VICTORY, J&nbsp;.:<a href="/opinions/2004/03c3521.opn.pdf">2003- C-3521 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ALBERT J. AVENAL, JR., ET AL. v. THE STATE OF LOUISIANA&nbsp;AND THE DEPARTMENT OF NATURAL RESOURCES</a> (Parish of Plaquemines) For the reasons expressed herein, the judgments of the lower courts are reversed and plaintiffs' claims are dismissed. REVERSED.Retired Judge Thomas C. Wicker, Jr., sitting as Justice ad hoc. Associate Justice Chet D. Traylor, recused.JOHNSON, J., concurs. WEIMER, J., additionally concurs with reasons.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2004/03k3542.opn.pdf">2003- K-3542 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JOHNNY L. JONES&nbsp;</a>(Parish of Orleans) (First Degree Murder) There was no effective deprivation of Jones' right to peremptorily challenge jurors, and thus, no grounds upon which to base a mistrial. REVERSED AND REMANDED TO THE COURT OF APPEAL FOR CONSIDERATION OF THE OTHER ISSUES RAISED BY DEFENDANT ON APPEAL.WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2004/03ka1982.opn.pdf">2003-KA-1982 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JEREMIAH D. MANNING&nbsp;</a>(Parish of Bossier) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under LA. CODE CRIM. PROC. ANN. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by LA. REV. STAT. ANN. Section 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which:(1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LA. REV. STAT. ANN. &sect;15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.JOHNSON, J., concurs. VICTORY, J., concurs for reasons assigned by Traylor, J. TRAYLOR, J., concurs and assigns reasons. WEIMER, J., concurs for the reasons assigned by Traylor, J.&nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2004/03k2993.opn.pdf">2003- K-2993 &nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. MICHAEL A. JOHNSON&nbsp;</a>(Parish of E. Baton Rouge) (Armed Robbery; Fourth Felony Offender) The judgment of the court of appeal, insofar as it vacates the defendant's habitual offender adjudication and sentence is therefore reversed. This case is remanded to the court of appeal for further proceedings not inconsistent with this opinion. COURT OF APPEAL JUDGMENT REVERSED; CASE REMANDED TO COURT OF APPEAL.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2004/04b0019.opn.pdf">2004- B-0019 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JOHN V. LAWRENCE</a> (Disciplinary Proceedings) 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 John V. Lawrence, Louisiana Bar Roll number 20265, be suspended from the practice of law for a period of three months. 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's judgment until paid.&nbsp;<a href="/opinions/2004/04b0827.opn.pdf">2004- B-0827 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: NEIL P. LEVITH</a> (Disciplinary Proceedings) 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 Neil P. Levith, Louisiana Bar Role number 8681, be suspended from the practice of law in Louisiana for a period of one year and one day. It is further ordered that all but thirty days of this suspension shall be deferred and respondent shall be placed on supervised probation for a period of one year, subject to the following conditions: (1) at respondent's expense, his trust account shall be audited on a quarterly basis during the period of probation by a qualified independent auditor; and (2) he shall continue counseling with Michael Brubaker or a similar counselor approved by the Lawyers Assistance Program. Any violation of these conditions or other 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's judgment until paid. JOHNSON, J., would suspend for six months. VICTORY, J., dissents and would follow the Board's recommendation.&nbsp;<a href="/opinions/2004/04b0881.opn.pdf">2004- B-0881 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: CARL W. CLEVELAND</a> (Disciplinary Proceedings) 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 Carl W. Cleveland, Louisiana Bar Roll number 4189, be suspended from the practice of law in Louisiana for a period of three years. This suspension shall be retroactive to October 31, 1997, the date of respondent's interim suspension. 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's judgment until paid.VICTORY, J., dissents and would disbar respondent. TRAYLOR, J., dissents and would disbar.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #079</div></td></tr><tr valign="top"><td 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&nbsp;12th day of December, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/08C0414.pfc.opn.pdf">2008-C -0414 RANDY FONTENOT, ET AL. v. PATTERSON INSURANCE, ET AL. C/W GERMAINE BROOKS, ET AL. v. CITY OF LAFAYETTE, ET AL.</a>&nbsp;(Parish of Lafayette) The court of appeal's decision based on its de novo review of the record in this case is reversed. This case is remanded to the court of appeal for consideration of the jury verdict under the manifest error standard of review, followed by application of the percentages of liability to the damages due the Fontenots and the stipulated property damages due LCG. The court of appeal should also review the JNOV under the standard set forth by this court in Davis. COURT OF APPEAL DECISION REVERSED; REMANDED TO COURT OF APPEALJOHNSON, J., concurs in the result. WEIMER, J., concurs in the result.&nbsp;<a href="/opinions/2008/08CJ1541.pfc.opn.pdf">2008-CJ-1541 STATE OF LOUISIANA IN THE INTEREST OF D.L.R.</a>&nbsp;(Parish of Calcasieu) The court of appeal decision that reversed the district court judgment terminating T.D.J.'s parental rights to D.L.R. is hereby reversed. The district court judgment is reinstated. COURT OF APPEAL DECISION REVERSED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/07C1433.bjj.opn.pdf">2007-C -1433 FRANCES ORLANDO WIFE OF/AND NICHOLAS REGGIO v. E.T.I. , ABC INC. AND CITY OF NEW ORLEANS THROUGH NEW ORLEANS AVIATION BOARD</a>&nbsp;(Parish of Orleans) For these reasons, the lower courts erred in granting ETI's Exception of Prescription and dismissing NOAB's third party demand. The lower courts' rulings are hereby reversed, and the case remanded for further proceedings. REVERSED and REMANDED.KIMBALL, J., concurs. VICTORY, J., concurs in part and dissents in part and assigns reasons. TRAYLOR, J., concurs in part and dissents in part for reasons assigned by Victory, J. KNOLL, J., concurs. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/08C0483.jtk.opn.pdf">2008-C -0483 THOMAS R. DENTON v. PAMELA A. VIDRINE, AMERICAN DEPOSIT INSURANCE COMPANY, LA SHERIFFS' AUTOMOBILE RISK PROGRAM, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY C/W PAMELA VIDRINE v. THOMAS R. DENTON, RANDALL ANDRE IN HIS CAPACITY AS SHERIFF FOR THE PARISH OF WEST BATON ROUGE - WEST BATON ROUGE PARISH SHERIFF'S OFFICE, LOUISIANA SHERIFFS' AUTOMOBILE RISK PROGRAM AND XYZ INSURANCE COMPANY</a>&nbsp;(Parish of W. Baton Rouge) For the foregoing reasons, the judgment of the Court of Appeal, First Circuit, is reversed and set aside. The trial court's judgment of June 27, 2005, is reinstated, denying Thomas Denton's motion to introduce additional evidence and fix interest. REVERSED AND RENDERED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/08B1080.pc.opn.pdf">2008-B -1080 IN RE: KYM KRYSTYNA KELLER</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Kym Krystyna Keller, Louisiana Bar Roll number 23808, be and she hereby is suspended from the practice of law for a period of one year. It is further ordered that all but six months of the suspension shall be deferred. Following completion of the active portion of her suspension, respondent shallbe placed on unsupervised probation for one year 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 conditionsof probation, or any misconduct during the probationary period, may be grounds for making the deferred 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's judgment until paid.VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs in part and dissents in part with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #079</div></td></tr><tr valign="top"><td 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&nbsp;7th day of December, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/06C2191cw2006C2204.opn.pdf">2006-C -2191 C/W 2006-C -2204 LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM (LASERS) vs. JANE MCWILLIAMS, JOELLE MCWILLIAMS, AND DIANNE (MCWILLIAMS)SANDERS</a> (Parish of E. Baton Rouge) Accordingly, we affirm the portion of the court of appeal judgment finding that Dianne is not entitled to receive any portion of LASERSsurvivors' benefits in this case. We reverse the portion of the court of appeal judgment ordering LASERS to refund half the accumulated contributions attributable to Dianne's community with Joel. The case is remanded to the district court for release to the qualified survivors, Jane and Joelle, of the funds LASERS has placed into the court registry.&nbsp; AFFIRMED IN PART, REVERSED IN PART, REMANDED.CALOGERO, C.J., assigns additional concurring reasons. KIMBALL, J., assigns additional concurring reasons. JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents in part, concurs in part and assigns reasons. KNOLL, J., dissents.&nbsp;PER CURIAM:<a href="/opinions/2007/06OB0844.pc.pdf">2006-OB-0844 IN RE: JOHN F. CRAWFORD, II</a> (Committee on Bar Admissions) CONDITIONAL ADMISSION GRANTED.<a href="/opinions/2007/06OB2395.pc.pdf">2006-OB-2395 IN RE: ERIC F. WRIGHT</a> (Committee on Bar Admissions) CONDITIONAL ADMISSION GRANTED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #079</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;18th day of November, 2003&nbsp;, is as follows:&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2003/02ca2795.opn.pdf">2002-CA- 2795 &nbsp;&nbsp;&nbsp;&nbsp; GREATER NEW ORLEANS EXPRESSWAY COMMISSION v. HONORABLE REBECCA M. OLIVIER,&nbsp;JUDGE FIRST PARISH COURT, DIVISION "A" AND HONORABLE GEORGE W. GIACOBBE, JUDGE FIRST PARISH COURT, DIVISION "B"</a> (Parish of Jefferson) For the reasons assigned, we find this court does not have appellate jurisdiction over this case pursuant to the provisions of La. Const. art. V, &sect;5(D). This case is transferred to the Fifth Circuit Court of Appeal. Case transferred to Fifth Circuit Court of Appeal.VICTORY, J., dissents for the reasons assigned by Justices Knoll and Weimer. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #079</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;1st day of November, 2002, are as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2002/01KA1635.OPN..pdf">2001-KA- 1635 STATE OF LOUISIANA v. JAMES DUNN&nbsp;</a>(Parish of Assumption)&nbsp; (First Degree Murder; Two Counts) For the reasons assigned, we affirm the defendant's conviction for the murders of Lisa Dupuis and Jacqueline Guillot Blanchard. We pretermit review of the penalty phase of defendant's trial and remand to the district court for a hearing in conformity with this opinion to determine whether or not defendant is mentally retarded. CONVICTION AFFIRMED. CASE REMANDED FOR EVIDENTIARY HEARING CONSISTENT WITH THIS OPINION TO DETERMINE WHETHER DEFENDANT IS MENTALLY RETARDED.VICTORY, J., concurs in part and dissents in part with reasons.&nbsp;<a href="/opinions/2002/01KA1650.OPN.pdf">2001-KA- 1650 STATE OF LOUISIANA v. COREY D. WILLIAMS&nbsp;</a>(Parish of Caddo)&nbsp; (First Degree Murder) Having reviewed the guilt portion of this defendant's trial and having found no reversible error, we affirm the defendant's conviction. We pretermit review of the penalty phase of defendant's trial and remand the case for a post-&nbsp;Atkins&nbsp;hearing on the sole issue of whether the defendant is mentally retarded. CONVICTION AFFIRMED. CASE REMANDED FOR EVIDENTIARY HEARING.VICTORY, J., concurs in part and dissents in part with reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #078</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;5th day of October, 2001, is as follows:&nbsp;
 &nbsp;PER CURIAM:<a href="/opinions/2001/99k3470.pc.pdf">1999-K- 3470 STATE OF LOUISIANA v. KENNETH TRAHAN</a> (Parish of Orleans) (Vehicular Homicide) Accordingly, the judgment of the court of appeal is vacated and this case is remanded to the district court for purposes of reassigning relator's motion to withdraw his guilty plea to a different district court judge for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.Retired Judge Robert L. Lobrano, assigned as justice pro tempore , participating in the decision.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #077</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;19th day of December, 2016, is as follows:&nbsp;BY HUGHES, J.: <a href="/opinions/2016/12KA0508.OPN.pdf">2012-KA-0508	STATE OF LOUISIANA v. JEFFREY CLARK</a>&nbsp;(Parish of West Feliciana) For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Public Defender Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:178; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. CONVICTION AND SENTENCE AFFIRMED.CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #077</div></td></tr><tr valign="top"><td 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&nbsp;6th day of December, 2011, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10KA0268.opn.pdf">2010-KA-0268	STATE OF LOUISIANA v. LEE ROY ODENBAUGH, JR.</a>&nbsp;(Parish of Ouachita) (First Degree Murder; Attempted First Degree Murder)Justice Clark recused, and Retired Judge Hillary J. Crain sitting ad hoc.For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2011/11K0141.opn.pdf">2011-K -0141	STATE OF LOUISIANA v. MICHAEL ANTHONY WRIGHT</a>&nbsp;(Parish of St. Tammany) (Aggravated Incest)Accordingly, we vacate the appellate court&rsquo;s decision, which reversed the defendant&rsquo;s conviction, and we remand the case to the court of appeal for consideration of the defendant&rsquo;s remaining assignment of error. DECISION VACATED AND CASE REMANDED TO THE COURT OF APPEAL.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/11C0912.opn.pdf">2011-C -0912	THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. OILFIELD HEAVY HAULERS, L.L.C., ET AL.</a>&nbsp;(Parish of Acadia)For the foregoing reasons, the judgment of the Court of Appeal is reversed and the matter remanded to the District Court for further proceedings. REVERSED; REMANDED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/11C0366.opn.pdf">2011-C -0366	MELANIE CHRISTY, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, JUSTIN CHRISTY v. DR. SANDRA MCCALLA AND THE CADDO PARISH SCHOOL BOARD</a>&nbsp;(Parish of Caddo)For the foregoing reasons, the judgment of the district court is reversed.&nbsp; REVERSED.JOHNSON, J., dissents for reasons assigned by Knoll, J.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/11C0853.opn.pdf">2011-C -0853	ROGER E. PRICE, ET AL. v. ROY O. MARTIN, ET AL.</a>&nbsp;(Parish of Rapides)For the reasons set forth above, we conclude the district court manifestly erred in finding the requirements of La. C.C.P. art. 591(A)(2)&ndash;questions of law or fact common to the class&ndash;were proved. The district court likewise erred in finding, under La. C.C.P. art. 591(B)(3), that common issue of law or fact predominate over individual questions and that the class action procedure is superior to other available methods for fairly and efficiently adjudicating the claims asserted. As a consequence, we find that the district court abused its discretion in accepting this matter as a class action and in certifying the class. We therefore reverse the appellate court&rsquo;s judgment affirming the district court&rsquo;s class action certification, reverse the district court&rsquo;s ruling granting the motion for class certification and certifying the class, and remand the case for further proceedings. REVERSED AND REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #077</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of November, 2010, is as follows:&nbsp;BY CLARK, J.: <a href="/opinions/2010/10KK2344.opn.pdf">2010-KK-2344	STATE OF LOUISIANA v. SCOTT ALLEN COOPER</a>&nbsp;(Parish of Lafayette)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we reverse the judgment of the court of appeal and, like the district court, find the method of allotment of non-capital criminal cases in the Fifteenth Judicial District does not offend the principle of random allotment, the uniform rules for district courts, statutory law or the constitutional rights of a criminal defendant. In keeping with the expedited nature of this proceeding, we order that an application seeking rehearing of this matter must be filed no later than 12:00 noon on Monday, November 22, 2010. REVERSED AND REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #077</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of October, 2002, are as follows:&nbsp;&nbsp;BY TRAYLOR, J.:&nbsp; <a href="/opinions/2002/00kp2738.opn.pdf">2000-KP- 2738 STATE EX REL GLEN SEALS v. STATE OF LOUISIANA&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned, we conclude that under the facts of this case, the district court correctly found that it cannot be retrospectively determined whether the defendant possessed the mental capacity to stand trial. Accordingly, we affirm the judgment of the district court which vacated the defendant's conviction and sentence and ordered a new trial. The case is remanded to the district court for new trial. AFFIRMED AND REMANDED FOR NEW TRIAL.&nbsp;Retired Judge Thomas C. Wicker, Jr., assigned as Associate Justice ad hoc, sitting for Chief Justice Pascal F. Calogero, Jr, recused.&nbsp;VICTORY, J., concurs.&nbsp;&nbsp;<a href="/opinions/2002/02cq0057.opn.pdf">2002-CQ- 0057 JESCO CONSTRUCTION CORPORATION v. NATIONSBANK&nbsp;CORPORATION, ET AL. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY, UNDERWRITERS AT LLOYDS OF LONDON v. BANK OF AMERICA COMMERCIAL FINANCE CORPORATION FORMERLY KNOWN AS NATIONSCREDIT COMMERICIAL FINANCE CORPORATION</a> (On Certified Question to the Court of Appeals For The Fifth Circuit) We answer the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;<a href="/opinions/2002/02cq0057.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons.</a> &nbsp;&nbsp;PER CURIAM:&nbsp; <a href="/opinions/2002/01kk2465.pc.pdf">2001-KK- 2465 STATE OF LOUISIANA v. VAUCHON COJOE&nbsp;</a>(Parish of Orleans) (Possession of Cocaine) Accordingly, the trial court correctly denied respondent's motion to suppress the evidence. The court of appeal's decision to the contrary is reversed, the ruling of the trial court is reinstated, and this case is remanded to the trial court for further proceedings consistent with the views expressed herein. DECISION OF THE COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED; CASE REMANDED.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;<a href="/opinions/2002/01kk3191.pc.pdf">2001-KK- 3191 STATE OF LOUISIANA v. ELIZABETH ZACHARY&nbsp;</a>(Parish of Livingston) (Obstruction of Justice) Accordingly, the trial court in the present case erred in finding that the State had failed to carry its burden under Shelton of showing that the defendant had entered an informed and voluntary no contest plea in Florida to a crime that is the equivalent of a felony offense in Louisiana. The order quashing the habitual offender bill is therefore set aside and this case is remanded to the court of appeal for consideration of the issues pretermitted in its previous ruling. DECISION OF THE FIRST CIRCUIT VACATED; CASE REMANDED TO THE FIRST CIRCUIT FOR CONSIDERATION OF PRETERMITTED ISSUES.&nbsp;<a href="/opinions/2002/02c0623.pc.pdf">2002-C- 0623 WENDY GILLEY v. PARKVIEW BAPTIST SCHOOL&nbsp;</a>(Office Of Workers' Compensation District No. 5) After hearing oral arguments and reviewing the record, we conclude there is no error in the judgment of the court of appeal. Accordingly, we affirm that judgment.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #077</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;30th day of October, 2000, are as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/00c0066.opn.pdf">2000-C- 0066 BOBBY DUNCAN, ET AL. v. KANSAS CITY SOUTHERN RAILWAY CO., ET AL</a> (Parish of Beauregard) For the aforementioned reasons, the decision of the court of appeal insofar as it finds KCS at fault and in the awarding of general damages is affirmed. We reverse the percentages of fault of KCS and Mitchell, to 33.3% and 66.7%, respectively, and the award of future medical expenses for Rachel Duncan is reduced to $10,528,722. We also reduce the award of general damages to Rachel Duncan to $6,000,000. The case is remanded to the trail court to confect appropriate monetary judgments based upon the fault percentages. AFFIRMED IN PART, REVERSED IN PART, REMANDED.LEMMON, J., not on panel. See Rule IV, Part 2, &sect;3. <a href="/opinions/2000/00c0066.jpv.pdf">VICTORY, J., concurs in result and assigns reasons</a>. TRAYLOR, J., concurs for reasons assigned by Victory, J. <a href="/opinions/2000/00c0066.jtk.pdf">KNOLL, J., concurs in part and dissents in part with reasons.</a>&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/00c0628.opn.pdf">2000-C- 0628 FLOYD JOSEPH v. BROUSSARD RICE MILL, INC. ET AL</a> (Parish of Calcasieu) For the foregoing reasons, we affirm that part of the JNOV which found Floyd Joseph free from fault. We further reverse that portion of the JNOV which held Broussard Rice Mill 100% at fault and which increased the damage award. We reinstate the jury's damage award as amended in the appellate court's judgment which increased damages to $584,485. In accordance with our findings herein, we reallocate fault 15.5% to Broussard Rice Mill and 84.5% fault to Lake Charles Stevedores. AFFIRMED IN PART, REVERSED IN PART, AND RENDERED AS AMENDED.<a href="/opinions/2000/00c0628.bjj.pdf">JOHNSON, J., concurs in part and dissents in part and assigns reasons. </a><a href="/opinions/2000/00c0628.jpv.pdf">VICTORY, J., subscribes to the opinion and assigns additional reasons.&nbsp;</a> &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99k3471.pc.pdf">1999-K- 3471 STATE OF LOUISIANA v. NOEL E. DAUZART</a> (Parish of Jefferson) (Armed Robbery, Two Counts) Accordingly, relator's convictions and sentences are reversed and this case is remanded to the district court for further proceedings in accord with the law. CONVICTIONS AND SENTENCES REVERSED; CASE REMANDED.SHORTESS, J., Ad Hoc, sitting for Calogero, C.J., recused.&nbsp;<a href="/opinions/2000/00kk0562.pc.pdf">2000-KK- 0562 STATE OF LOUISIANA v. ARTEMIO LOPEZ</a> (Parish of Calcasieu) (Possession of Marijuana With Intent to Distribute) Accordingly, the judgment of the district court is reversed and this case is remanded for further proceedings consistent with the views expressed herein.<a href="/opinions/2000/ookk0562.bjj.pdf">JOHNSON, J., dissents and assigns reasons</a>.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td 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&nbsp;1st day of December, 2009, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08KP2253.opn.pdf">2008-KP-2253	STATE OF LOUISIANA v. JUSTIN MALONE</a>&nbsp;(Parish of Calcasieu)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the above reasons, we find that the court of appeal correctly denied the defendant&rsquo;s writ application as moot. We hold that, based on the facts presented, and in keeping with our decisions in Morris and Verdin, the defendant&rsquo;s voluntary payment of the fine imposed as a misdemeanor sentence prior to applying for appellate review, and without recording any objection to the fine, renders any subsequent review of the conviction or sentence moot.&nbsp; AFFIRMED.KIMBALL, C.J., dissents. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/09CC0951.opn.pdf">2009-CC-0951	ROBERT H. TITUS, II v. IHOP RESTAURANT, INC., ET AL.</a>&nbsp;(Parish of Lafayette)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, we reverse the lower courts and grant the Peremptory Exception of Prescription.&nbsp; REVERSED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/09KA0477.opn.pdf">2009-KA-0477	IN THE INTEREST OF A. J.</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, the judgment of the Juvenile Court for the Parish of Orleans is reversed and the matter is remanded for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08KA2204.opn.pdf">2008-KA-2204	STATE OF LOUISIANA v. TYRONE JEFFERSON</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Accordingly, we reverse the judgment of the district court granting the defendant&rsquo;s motion to quash and declaring LSA-R.S. 40:966(E)(2) unconstitutional, and remand for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;<a href="/opinions/2009/09C0935.opn.pdf">2009-C -0935 MICHAEL X. ST. MARTIN, LOUIS ROUSSEL, III, WILLIAM A. NEILSON, ET AL. v. STATE OF LOUISIANA; AND CYNTHIA BRIDGES, IN HER CAPACITY AS SECRETARY OF THE LOUISIANA DEPARTMENT OF REVENUE</a>&nbsp;(Parish of Terrebonne)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Consequently, we hold that the Board has the authority to proceed with a class certification hearing and, if appropriate, with a class action in this particular case. Thus, we vacate the appellate court judgment that reinstated the Board&rsquo;s dismissal of plaintiffs&rsquo; petition for class certification; we reinstate the district court ruling that found the Board had jurisdiction over a class action proceeding; and we remand this matter to the Board for a determination of the class certification issue pursuant to the provisions of LSA-C.C.P. art. 591, et seq.JUDGMENT VACATED; DISTRICT COURT JUDGMENT REINSTATED; CASE REMANDED TO THE BOARD OF TAX APPEALS.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/09KK1589.opn.pdf">2009-KK-1589	STATE OF LOUISIANA v. MILTON HUNT</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons stated herein, the judgment of the district court granting the defendant&rsquo;s motion to suppress is vacated and the case is remanded to the district court for further proceedings. DISTRICT COURT JUDGMENT VACATED; CASE REMANDED TO THE DISTRICT COURT.JOHNSON, J., dissents. VICTORY, J., concurs.&nbsp;&nbsp;PER CURIAMS:<a href="/opinions/2009/09K0630.opn.pdf">2009-K -0630	STATE OF LOUISIANA v. MASON GODFREY</a>&nbsp;(Parish of Calcasieu)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.The decision below is therefore reversed, the defendant&rsquo;s conviction for public intimidation and retaliation, and his habitual offender sentence are reinstated, and this case is remanded to the court of appeal for consideration of his assignments of error relating to his habitual offender adjudication pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO THE COURT OF APPEAL.JOHNSON, J., dissent. JONES, J., I respectfully dissent.&nbsp;<a href="/opinions/2009/09C0817.opn.pdf">2009-C -0817 KATRINA WYMAN AND JASON WYMAN v. DUPEPE CONSTRUCTION, MONTEFORTE'S ROOFING &amp; SIDING, ROBERT MONTEFORTE, BANKERS INSURANCE CO., AND USAA INSURANCE</a>&nbsp;(Parish of Jefferson)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Considering this well established jurisprudence, we find the court of appeal erred in failing to allow the Wymans an opportunity to amend their petition in Wyman II to allege facts which may possibly establish their claim is not prescribed. Thus, we affirm the judgment of the court of appeal, but amend the judgment to remand this case to the district court to allow the Wymans to amend their petition, if they can, in Wyman II within the delay allowed by the district court and to allege facts that would show their claim is not prescribed.&nbsp; JUDGMENT AFFIRMED AS AMENDED; CASE REMANDED TO DISTRICT COURT.&nbsp;<a href="/opinions/2009/09CC1013.opn.pdf">2009-CC-1013	THEODORE E. FILIPSKI, III v. IMPERIAL FIRE AND CASUALTY INS. CO., ET AL.</a>&nbsp;(Parish of Calcasieu)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons assigned, the judgment of the district court, insofar as it denied the motion for summary judgment filed by Imperial Fire &amp; Casualty Insurance Company on the issue of uninsured motorist coverage, is reversed. The motion for summary judgment is hereby granted in its entirety, and plaintiff&rsquo;s suit against Imperial Fire &amp; Casualty Insurance Company is dismissed with prejudice. All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2009/09B1185.opn.pdf">2009-B -1185 IN RE: ADAM F. HUTTON</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Adam F. Hutton, Louisiana Bar Roll number 25718, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.&nbsp;<a href="/opinions/2009/09B1631.opn.pdf">2009-B -1631	IN RE: ROBERT E. CLARK</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Robert E. Clark, Louisiana Bar Roll number 1766, be and he hereby is suspended from the practice of law for a period of two years, with credit for the time served on interim suspension from June 22, 2007 through January 9, 2008. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td 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&nbsp;2nd day of December, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/07cc0492.opn.pdf">2007-CC-0492 PAMELA WARREN, THERESA RENE WARREN AND SARAH WARREN JIMENEZ v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, JEFFREY A. LAMP, M.D., ROBYN B. GERMANY, M.D., SANDRA MOODY, NP-C, AND FAMILY HEALTH OF LOUISIANA, INC.</a>(Parish of E. Baton Rouge) Accordingly, the decision of the court of appeal is affirmed. AFFIRMED AND REMANDED.KIMBALL, J., additionally concurs and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/08C0215.opn.pdf">2008-C -0215 C/W 2008-C -0237 CARL HOOD v. MARK M. COTTER, M.D.</a>&nbsp;(Parish of E. Baton Rouge) For the reasons assigned herein, we find the LAMMICO claims-made policy does not provide coverage for plaintiff's claim. Consequently, its motion for summary judgment should have been granted. The court of appeal's judgment affirming the district court's denial of summary judgment to LAMMICO is reversed. Summary judgment in favor of LAMMICO is hereby granted and LAMMICO is dismissed with prejudice. Similarly, the trial court's grant of summary judgment in favor of the Board was improperly reversed by he court of appeal since defendant is not a qualified health care provider under the MMA. The court of appeal's judgment reversing the district court's grant of summary judgment in favor of the Board is reversed. Summary judgment in favor of the Board is hereby granted and the Board is dismissed with prejudice. REVERSED.&nbsp;<a href="/opinions/2008/08C0453.opn.pdf">2008-C-0453 LOUISIANA BAG COMPANY, INC. AND LAPAC MANUFACTURING, INC v. AUDUBON INDEMNITY COMPANY</a>&nbsp;(Parish of Acadia) For the foregoing reasons, we find that the trial court committed manifest error when it found that Audubon had not acted in a manner that was arbitrary, capricious or without probable cause, and we affirm the court of appeal's decision to this regard. Specifically, we find that Audubon was arbitrary, capricious or without probable cause when it failed to tender the undisputed portions of Louisiana Bag's claim within the statutorily mandated time period. AFFIRMED.&nbsp;<a href="/opinions/2008/08O1820.opn.pdf">2008-O -1820 IN RE: LARRY CHARLES FREEMAN JUSTICE OF THE PEACE</a>&nbsp; For the reasons assigned, it is ordered that Justice of the Peace Larry Freeman be suspended for the remainder of his term without pay for violating the Code of Judicial Conduct and Article V, &sect; 25 (C)of the 1974 Louisiana Constitution. It is further ordered that Justice of the Peace Larry Freeman reimburse the Judicial Commission of Louisiana the sum of $458.50.JOHNSON, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/06c2191.opn.pdf">2006-C -2191 C/W 2006-C -2204 LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM (LASERS) v. JANE MCWILLIAMS, JOELLE MCWILLIAMS, AND DIANNE (MCWILLIAMS) SANDERS</a>(Parish of E. Baton Rouge) ON REHEARING For the reasons stated herein, our opinion on original hearing is vacated in its entirety, and the judgment of the court of appeal is reversed. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. TRAYLOR, J,. dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2008/08CC1013.OPN.pdf">2008-CC-1013 BROUSSARD PHYSICAL THERAPY v. FAMILY DOLLAR STORES, INC. AND ACE AMERICAN INSURANCE CO.</a>&nbsp;(Office of Workers' Compensation District 2) For the reasons stated herein, the decision of the court of appeal is reversed, the third party demand is dismissed, and he case is remanded to he workers' compensation judge, OWCA District 2, for further proceedings consistent with his opinion. REVERSED AND REMANDED.JOHNSON, J., concurs.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/08CA0922.OPN.pdf">2008-CA-0922 c/w 2008-CA-1253 GEORGE PHILLIPS, JR. v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT</a>&nbsp;(Parish of Lafayette) For the reasons set forth above, the judgment of the trial court declaring the various sections of the Lafayette Code of Ordinances, collectively known as the "junked vehicle ordinance" to be unconstitutional is reversed and set aside. This matter is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/06ka2988.opn.pdf">2006-KA-2988 STATE OF LOUISIANA v. BRANDY AILEEN HOLMES</a>&nbsp;(Parish of Caddo) For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence are affirmed. This judgment becomes final on direct review when either:(1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. &sect; 15:149.1; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2008/07K1573.OPN.pdf">2007-K -1573 STATE OF LOUISIANA v. JOHN J. KESTLE</a>&nbsp;(Parish of Jefferson)Retired Judge Lemmie O. Hightower, sitting ad hoc for Calogero, C.J., recused.For the foregoing reasons, we find sufficient evidence was introduced to enable the trial court to conclude that defendant was driving while intoxicated. Thus, we reverse the court of appeal decision and reinstate the trial court conviction and sentence. REVERSED.&nbsp;<a href="/opinions/2008/08ca1270.opn.pdf">2008-CA-1270 ELAINE FRUGE v. BOARD OF TRUSTEES OF THE LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM</a>&nbsp;(Parish of E. Baton Rouge) For the reasons set forth above, we reverse the judgment of the district court granting Ms. Fruge's motion for summary judgment, declaring Act No. 165 of the 2002 First Extraordinary Session unconstitutional, null, void, and unenforceable, and declaring Ms. Fruge immediately eligible for the retire/rehire benefits provided under LSA-R.S. 11:416 as it existed prior to its amendment and reenactment under Act 165 of the 2002 First Extraordinary Session. Finding that there are no disputed issues of material fact, and that LASERS is entitled to judgment as a matter of law, we hereby grant summary judgment in favor of LASERS. REVERSED AND RENDERED.JOHNSON, J., dissents. TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/08kk0418.pc.pdf">2008-KK-0418 STATE OF LOUISIANA v. JAMES KENNEDY</a>&nbsp;(Parish of Jefferson) For the foregoing reasons, we dismiss our writ of certiorari. WRIT OF CERTIORARI DISMISSED. CASE REMANDED.VICTORY, J., dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2008/08CC0528.OPN.pdf">2008-CC-0528 KEITH JAMES DAUZAT AND MONICA DAUZAT v. CURNEST GUILLOT LOGGING, INC., ET AL.</a>&nbsp;(Parish of Avoyelles)Retired Judge Moon Landrieu sitting ad hoc for Knoll, J., recused.For the reasons assigned, the judgment of the district court is reversed. The motion for summary judgment filed by Lake Pearl Company, Inc. is granted, and plaintiff's suit against it is dismissed with prejudice . All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2008/08B0742.pc.pdf">2008-B -0742 IN RE: CEDRIC RICHMOND</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Cedric Richmond, Louisiana Bar Roll number 25847, be and he hereby is suspended from the practice of law for six months. It is further ordered that all but sixty days of the suspension shall be deferred. Following completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for six months, subject to the condition that any misconduct during this period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. 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's judgment until paid.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2008/08b1390.pc.pdf">2008-B -1390 IN RE: BRYAN M. WHITE</a>&nbsp; (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Bryan M. White, Louisiana Bar Roll number 18501, be and he hereby is disbarred, retroactive to his June 24, 2003 interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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's judgment until paid.CALOGERO, C.J., dissents; would impose as discipline a three year suspension from the practice of law.&nbsp;<a href="/opinions/2008/08B1565.pc.pdf">2008-B -1565 IN RE: HENRY H. HOBGOOD</a>&nbsp; (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that the name of Henry Herbert Hobgood, Louisiana Bar Roll number 17613, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent shall make full restitution to all persons subject of the formal charges. 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's judgment until paid.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2008/08B1618.pc.pdf">2008-B -1618 IN RE: JEROME W. DIXON</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Jerome W. Dixon, Louisiana Bar Roll number 18587, be and he hereby is suspended from the practice of law for one year and one day. It is further ordered that all but six months of the suspension shall be deferred. Following completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for one year, subject to the condition that any misconduct during this period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. 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's judgment until paid.KIMBALL, J., dissents and assigns reasons. VICTORY, J., dissents for the reasons assigned by Justice Kimball. TRAYLOR, J., dissents for the reasons assigned by Justice Kimball.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td 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&nbsp;27th day of November, 2007, are as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/07O1425.opn.pdf">2007-O -1425 IN RE: JUSTICE OF THE PEACE VERONICA FRANKLIN JUSTICE OF THE PEACE COURT, WARD 2 PARISH OF ST HELENA STATE OF LOUISIANA</a> (Judiciary Commission of Louisiana) Accordingly, it is ordered, adjudged, and decreed that the respondent, Justice of the Peace Veronica Franklin, Ward 2, Parish of St. Helena, State of Louisiana, be, and is hereby, removed from office, and that her office be, and is hereby, declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup. Ct. Rule 23, &sect; 26 to refrainfrom qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup. Ct. Rule 23, &sect; 22, we cast the respondent with $352.16 for the costs incurred in the investigation and prosecution of this case. REMOVAL FROM JUDICIAL OFFICE ORDERED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/07C0419.opn.pdf">2007-C -0419 MINOS BOREL, SR., ET AL. vs. DR. CLINTON YOUNG AND LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY</a>&nbsp;(Parish of Lafayette) For the foregoing reasons, the result reached by the court of appeal is affirmed, defendant&rsquo;s peremptory exception is sustained, and plaintiff&rsquo;s action against Dr. Young and LAMMICO is dismissed with prejudice as extinguished by peremption. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents for reasons assigned by Calogero, C.J.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/06KO2467.opn.pdf">2006-KO-2467 STATE OF LOUISIANA v. SHON P. SHAW</a>&nbsp;(Parish of Caddo) (Attempted Manslaughter; Second Degree Kidnapping, 2 Counts; Aggravated Criminal Damage to Property, 2 Counts; Habitual Offender Law) After examining the language of LSA-R.S. 15:529.1 and reviewing the jurisprudence interpreting same, we find that the lower courts correctly concluded that all multiple sentences imposed after a single criminal act or episode can be enhanced under the Habitual Offender Law. To the extent that the opinion of this court in&nbsp;State v. Sherer,&nbsp;supra, and&nbsp;State ex rel. Porter v. Butler,&nbsp;supra, are inconsistent with this conclusion, they are expressly overruled. Finding no merit in the only other assignment of error raised by defendant, the alleged abridgement of his right to testify in his own defense, we affirm the defendant's conviction, the adjudication as a third felony offender, and the sentences. AFFIRMED.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/07B1353.opn.pdf">2007-B -1353 IN RE: WALTER J. LEBLANC</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Walter J. LeBlanc, Jr., Louisiana Bar Roll number 1800, 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's judgment until paid.CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.WEIMER, J., concurs in part, dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;1st day of October, 2004&nbsp;, is as follows:&nbsp;BY JOHNSON, J.&nbsp;: <a href="/opinions/2004/03c2103.opn.pdf">2003-C -2103 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; VIRGINIA GAIL EDWARDS, AS NATURAL TUTRIX, ET AL. v.&nbsp;EDWARD M. DAUGHERTY, JR., SPHERE DRAKE INS. CO., ET AL.</a> (Parish of Calcasieu) <a href="/opinions/2004/03c2103.opn.pdf"> CONSOLIDATED WITH: 2003-C -2104 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; VIRGINIA GAIL EDWARDS, AS NATURAL TUTRIX, ET AL v. EDWARD M. DOUGHERTY, JR., SPHERE DRAKE INS. CO., ET AL.</a> (Parish of Calcasieu) For the reason detailed herein, we reverse the lower courts' determination that the insurer may deduct legal fees from the policy limits incurred on its own behalf. In all other aspects, the court of appeal's ruling is affirmed. We remand this matter to the trial court to calculate the remainder of the policy limits, after the deduction of defense costs incurred on behalf of the insured only, and the calculation of interest on the entire judgment from the date of judicial demand. REVERSED IN PART; AFFIRMED IN PART; REMANDED.CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;31st day of October, 2003, are as follows:&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/02ob2313.pc.pdf">2002-OB-2313 IN RE: ARMER ANUMIHE BRIGHT&nbsp;</a>(Committee on Bar Admissions) Accordingly, it is ordered that the application for admission is denied.<a href="/opinions/2003/02ob2470.pc.pdf">2002-OB-2470 IN RE: MICHAEL L. BERNOUDY, JR.&nbsp;</a>(Committee on Bar Admissions) Accordingly, it is ordered that the application for admission is denied.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #076</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;27th day of October, 2000, are as follows:&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00kk0373.pc.pdf">2000-KK- 0373 STATE OF LOUISIANA v. WILLIE DUPLECHAIN, ET AL&nbsp;</a>(Parish of Orleans) Upon the State of Louisiana's application, we granted certiorari in this case. State v. Duplechain, et al., 2000 WL 783381 (La. 6/2/00). After hearing oral argument and reviewing the record in this case, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of June 2, 2000, as improvidently granted, and deny the State's application.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #075</div></td></tr><tr valign="top"><td 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&nbsp;6th day of December, 2016, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2016/16CA0087.OPN.pdf">2016-CA-0087	DANA JOHNO v. JOHN DOE, ET AL.</a>&nbsp;(Parish of Plaquemines)Accordingly, we affirm the District Court's finding that La. R.S. Section 9:2800.17 is unconstitutional as applied retroactively, because the plaintiff's causes of action accrued before effective date of the statue. We remand this matter for further proceedings consistent with this opinion.&nbsp; AFFIRMED AND REMANDED.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2016/16CA1132.OPN.pdf">2016-CA-1132	ARROW AVIATION COMPANY, LLC v. ST. MARTIN PARISH SCHOOL BOARD, SALES TAX DEPARTMENT, CARLA RICHARD, ADMINISTRATOR</a>&nbsp;(Parish of St. Martin)We remand this case to the district court for further proceedings consistent with this opinion. AFFIRMED; REMANDED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2016/16B1253.OPN.pdf">2016-B -1253	IN RE: GREGORY F. WILLIAMS, SR.</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 the name of Gregory F. Williams, Louisiana Bar Roll number 25538, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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 the result.&nbsp;<a href="/opinions/2016/16B1115cw16B1213.OPN.pdf">2016-B -1115 C/W 2016-B -1213 IN RE: MITCHEL M. EVANS, II</a> Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record of these consolidated matters, as well as the briefs and oral argument, it is ordered that Mitchel M. Evans, II, Louisiana Bar Roll number 19322, be and he hereby is suspended from the practice of law for three years. It is further ordered that two years of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years governed by the conditions set forth in this opinion. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #075</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;14th day of December, 2012, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2012/12B1435.pdf">2012-B -1435	IN RE: OWEN J. TRAHANT, JR.</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 Owen J. Trahant, Jr., Louisiana Bar Roll number 12890, be and he hereby is suspended from the practice of law for six months, followed by a one-year period of supervised probation governed by the terms and conditions set forth in this opinion. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.KNOLL, J., concurs in part and dissents in part with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #075</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;5th day of November, 2010, is as follows:PER CURIAM: <a href="/opinions/2010/09OB2239.opn.pdf">2009-OB-2239	IN RE: JARRED PATRICK BRADLEY</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc for Chief Justice Catherine D. Kimball.CONDITIONAL ADMISSION GRANTED.VICTORY, J., would deny admission. CLARK, J., would deny admission.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #075</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;25th day of September, 2001, is as follows:&nbsp; &nbsp;PER CURIAM:<a href="/opinions/2001/01cc2498.pc.pdf">2001-CC- 2498 GLORIA SCOTT ET AL. v. AMERICAN TOBACCO COMPANY, ET AL.</a> (Parish of Orleans) For the reasons assigned, the judgment of the district court is reversed insofar as it denied defendants' challenges for cause as to Jurors Nos. 1, 7 and 10 and Alternate Jurors Nos. 13, 17, 21 and 22. In all other respects, the judgment of the district court is affirmed. The case is remanded to the district court for further proceedings consistent with this opinion.Robert L. Lobrano participating in this decision as Associate Justice Pro Tempore.<a href="/opinions/2001/01cc2498.pfc.pdf">CALOGERO, C.J., concurs&nbsp;and assigns additional reasons.</a> <a href="/opinions/2001/01cc2498.cdk.pdf">KIMBALL, J., concurring in part, dissenting in part, and assigning reasons.</a> <a href="/opinions/2001/01cc2498.bjj.pdf">JOHNSON, J., dissenting&nbsp;and assigning reasons.</a> <a href="/opinions/2001/01cc2498.jpv.pdf">VICTORY, J., concurring in part, dissenting in part, and assigning reasons.</a> <a href="/opinions/2001/01cc2498.jtk.pdf">KNOLL, J., concurring in part, dissenting in part, and assigning reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #074</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of November, 2007, is as follows:BY KNOLL, J.:<a href="/opinions/2007/06CC2195.jtk.opn.pdf">2006-CC- 2195 FIRST NATIONAL BANK OF PICAYUNE v. PEARL RIVER FABRICATORS, INC.&nbsp;</a>(Parish of St. Tammany) For the foregoing reasons, the judgment of the Court of Appeals, First Circuit, is affirmed. This matter is remanded to the trial court for consideration of Phoenix's request for damages for wrongful sequestration. AFFIRMED AND REMANDED TO THE TRIAL COURT.JOHNSON, J., dissents for reasons assigned by Traylor, J. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #074</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;29th day of October, 2003, is as follows:&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/03O2256.opn.pdf">2003-O-2256 IN RE: JUDGE CARL VAN SHARP 4TH JUDICIAL DISTRICT COURT PARISH OF OUACHITA STATE OF LOUISIANA</a> (Judicial Disciplinary Proceedings) For the reasons assigned, it is ordered that Judge Carl Van Sharp of the Fourth Judicial District, Parish of Ouachita, State of Louisiana, be suspended from judicial office for sixty days without pay. It is further ordered that Judge Carl Van Sharp reimburse and pay to the Judiciary Commission of Louisiana costs in the sum of $210.00 incurred in the investigation and prosecution of his case, pursuant to Supreme Court Rule XXIII, &sect;22. Any application for rehearing in this matter shall be filed no later than 5:00 p.m. on October 31, 2003.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #074</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;15th day of October, 2002, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2002/02c0299.opn.pdf">2002-C- 0299 DANIEL ROSS, ET AL. v. CONOCO INC.&nbsp;ET AL. C/W CLARENCE LANDON, ET UX v. CONOCO, INC., ET AL.</a> (Parish of Calcasieu)&nbsp; For these reasons, the decision of the court of appeal is reversed and the district court's judgment granting the defendant's motion for summary judgment is reinstated. REVERSED; JUDGMENT OF DISTRICT COURT REINSTATED.&nbsp;&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/02cc0563.opn.pdf">2002-CC- 0563 MARYLIN R. DUMAS, LEROY DUMAS, RUSSELL DUMAS &amp; GLORIA DUMAS v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF CULTURE, RECREATION TOURISM AND THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of Morehouse)&nbsp; Accordingly, the judgments of the lower courts granting plaintiffs' motion to strike are reversed, and the case is remanded to the district court for further proceedings not inconsistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2002/02c1891.opn.pdf">2002-C- 1891 MICHAEL LYNDAL CUROLE v. GRACE YIN-YEE WONG CUROLE</a> (Parish of Jefferson)&nbsp; For the above reasons, we conclude the trial court did not abuse its discretion in finding that the relocation would not be in the children's best interest. The court of appeal's judgment is therefore reversed and the judgment of the trial court is hereby reinstated.&nbsp; REVERSED. JUDGMENT OF THE TRIAL COURT REINSTATED.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2002/01k1875.opn.pdf">2001-K- 1875 STATE OF LOUISIANA v. MARY L. TOUPS, A/K/A MARY BILLIOT</a> (Parish of Orleans) (Possession of Cocaine)&nbsp; For the reasons stated herein, the judgment of the court of appeal is reversed and defendant's conviction and sentence are reinstated.&nbsp; REVERSED; CONVICTION AND SENTENCE REINSTATED.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp; JOHNSON, J., dissents.&nbsp; KNOLL, J., dissents for the reasons assigned by the Fourth Circuit Court of Appeal.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2002/02kk0898.opn.pdf">2002-KK- 0898 STATE OF LOUISIANA v. HENRY RAY WILLIAMS</a> (Parish of Terrebonne) (Aggravated Rape)&nbsp; C/W&nbsp; 2002-KD- 1030 STATE OF LOUISIANA v. VICTOR RAYMOND VERDUN, JR. (Parish of St. Tammany) (Aggravated Rape)&nbsp; For the reasons assigned herein, the decisions of the Court of Appeal, First Circuit, are AFFIRMED.CALOGERO, C.J., concurs and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/02c0189.opn.pdf">2002-C- 0189 JOE A. SLOWINSKI, ET UX. v. ENGLAND ECONOMIC AND INDUSTRIAL DEVELOPMENT DISTRICT,&nbsp;ET AL.</a> (Parish of Rapides)&nbsp; For the foregoing reasons, the judgments of the lower courts are reversed and set aside. Judgment is hereby granted in favor of the England Economic and Industrial Development District and Jon. W. Grafton, denying the motion for partial summary judgment filed by plaintiff, Wilson Ewing, Jr. This case is remanded to the district court for further proceedings, consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.&nbsp;JOHNSON, J., concurs.&nbsp;&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2002/02c0012.opn.pdf">2002-C- 0012 DONALD EUGENE MOSING, DARIEL PARKER MOSING, AND FRANK'S CASING CREW &amp; RENTAL TOOLS, INC. v. KIRK P. DOMAS AND AUTOMOTIVE CASUALTY INSURANCE COMPANY&nbsp;C/W DONALD EUGENE MOSING, DARIEL PARKER MOSING, AND FRANK'S CASING CREW &amp;&nbsp;RENTAL TOOLS, INC. v. STONEWALL SURPLUS LINES INSURANCE COMPANY</a> (Parish of Lafayette)&nbsp; For the foregoing reasons, we affirm the decision of the Third Circuit Court of Appeal.&nbsp; AFFIRMED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2002/00kh2185.pc.pdf">2000-KH- 2185 STATE EX REL COREY GUISE v. STATE OF LOUISIANA</a> (Parish of&nbsp; Orleans) (Second Degree Murder)&nbsp; In light of the state's recent discovery of notations on the co-defendants' bills of information showing that charges were "dismissed per agreement with state to testify," the case is remanded to the district court for a hearing at which the district court shall review this new evidence and determine whether it either shows the existence of an agreement the state was bound to disclose or shows that counsel rendered ineffective assistance in not discovering the existence of an agreement.&nbsp;Retired Judge Melvin A. Shortess, assigned as Justice ad hoc, sitting for Associate Justice Jeffrey P. Victory, recused.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2002/00k2228.pc.pdf">2000-K- 2228 STATE OF LOUISIANA v. RICHARD KEMP</a> (Parish of E. Baton Rouge)&nbsp; (Second Degree Murder)&nbsp; Accordingly, the decision of the court of appeal is reversed. Relator's conviction and sentence for second degree murder are vacated and this case is remanded to the district court for further proceedings.&nbsp; DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE VACATED; CASE REMANDED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2002/02c0324.pc.pdf">2002-C- 0324 BARNEY BURKS v. CAMBECK &amp; PARTNERS</a> (The Office Of Workers Compensation District 07)&nbsp; For the reasons assigned, the judgment of the court of appeal is reversed, and the judgment of the Office of Workers' Compensation is hereby reinstated. This case is remanded to the court of appeal for consideration of CNA Insurance Company's remaining assignments of error, All costs in this court are assessed against CNA.&nbsp;VICTORY, J., concurs.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #073</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;5th day of December, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/15CA1659.OPN.pdf">2015-CA-1659 ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE OF LOUISIANA; THE LOUISIANA STATE BOARD OF ELEMENTARY &amp; SECONDARY EDUCATION; THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, the judgment of the district court is vacated and set aside, and the petition is hereby dismissed with prejudice.HUGHES, J., would grant and docket. WEIMER, J., dissents and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #073</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;18th day of December, 2006, is as follows:&nbsp;BY KNOLL, J.:<a href="/opinions/2006/06c0477.pdf">2006-C-0477 H. H. HANKS, ET AL. v. ENTERGY CORPORATION, ET AL.</a>&nbsp;(Parish of Union) For the foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the district court is reinstated in its entirety. REVERSED.VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #073</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;23th day of October, 2003, are as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/02k2302.opn.pdf">2002-K -2302&nbsp;STATE OF LOUISIANA v. JASON HELOU&nbsp;</a>(Parish of Lafayette)&nbsp; (Second Degree Battery) Accordingly, we vacate the defendant's conviction for second degree battery and enter a conviction for simple battery, as statutory responsive verdict pursuant to LSA-C.Cr.P.art. 814(15). We remand this matter to the trial court for resentencing for simple battery. TRAYLOR, J., dissents for reasons assigned by Weimer, J. KNOLL, J., dissents for the reasons assigned by Weimer, J. WEIMER, J., dissents &amp; assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #072</div></td></tr><tr valign="top"><td 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&nbsp;4th day of December, 2012, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2012/12K0466.pdf">2012-K -0466	STATE OF LOUISIANA v. $ 144,320.00 TINA BEERS 132 WOODY LANE, SILVER CITY, NC 27344, ET AL</a>. (Parish of St. Martin)Because the court of appeal found there was no probable cause for forfeiture and reversed the district court&rsquo;s ruling that struck Tina Beers&rsquo; claim, we reverse the decision of the court of appeal and reinstate the ruling of the district court.&nbsp; REVERSED; RULING OF DISTRICT COURT REINSTATED.&nbsp;<a href="/opinions/2012/12CC0622cw12CC0623_12CC0636.pdf">2012-CC-0622 C/W 2012-CC-0623 2012-CC-0636 OPELOUSAS TRUST AUTHORITY D/B/A OPELOUSAS GENERAL HEALTH SYSTEM, ET AL. v. CLECO CORPORATION AND CLECO POWER, LLC C/W DEBORAH MAYO, ET AL. v. CLECO CORPORATION AND CLECO POWER, LLC</a>&nbsp;(Parish of St. Landry)For the foregoing reasons, we reverse the decision overruling Cleco&rsquo;s exception of subject matter jurisdiction. The Louisiana Constitution, Revised Statutes, and Louisiana jurisprudence clearly dictate this is a rate matter subject to the exclusive jurisdiction of the LPSC. The plaintiffs in this case are challenging the reasonableness of a rate imposed by Cleco and asserting they should have been charged an Opelousas-specific rate. As this Court has previously held, LA. CONST. art. IV &sect; 21 (B) grants the LPSC the exclusive authority, in the first instance, to fix or change any rate to be charged by a public utility; the courts lack the power to fix or change rates until the LPSC has acted. Since the lower courts lacked subject matter jurisdiction over this case, we vacate the rulings of the lower courts. The plaintiffs&rsquo; claims are hereby dismissed.&nbsp; REVERSED; VACATED; DISMISSED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2012/12C0703cw12C0742.pdf">2012-C -0703 C/W 2012-C -0742 GLORIA TURNER v. WILLIS KNIGHTON MEDICAL CENTER, VENKATESWARA RAO, M.D., NAVADEEP SAMRA, M.D. AND GAZI ZIBARI, M.D.</a>&nbsp;(Parish of Caddo)For the reasons stated herein, the judgment of the court of appeal is reversed, and the trial court judgment, granting the defendants&rsquo; peremptory exceptions of prescription, is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2012/12C0097.pdf">2012-C -0097	DANIEL MORENO v. ENTERGY CORPORATION, ENTERGY GULF STATES, INC., ENTERGY LOUISIANA, LLC., EAGLE ENTERPRISES OF JEFFERSON, LAFAYETTE INSURANCE COMPANY, WALGREEN LOUISIANA CO. INC., ABC INSURANCE COMPANY AND THE PARISH OF JEFFERSON</a>&nbsp;(Parish of Jefferson)To the extent the court of appeal found that the OPLSA affords no indemnity to a utility provider for the utility company&rsquo;s own negligence (Moreno, 09-976 at 8, 79 So.3d at 410), we reverse and vacate that part of the opinion. The district court&rsquo;s grant of summary judgment in favor of the contractors is vacated and this matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED IN PART AND REMANDED.KIMBALL, C.J., concurs and assigns reasons. GUIDRY, J., concurs and assigns reasons. CLARK, J., concurs for reasons expressed by Chief Justice Kimball and Justice Guidry.&nbsp;<a href="/opinions/2012/12C0232.pdf">2012-C -0232	LIVINGSTON PARISH COUNCIL ON AGING v. WILLIE GRAVES, SHERIFF OF LIVINGSTON PARISH</a>&nbsp;(Parish of Livingston)For the foregoing reasons, the decision of the court of appeal is reversed and this matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2012/12O1500.pdf">2012-O -1500	IN RE: JUSTICE OF THE PEACE STACIE P. MYERS POINTE COUPEE PARISH DISTRICT 4 STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)Accordingly, it is ordered that Justice of the Peace Myers pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $1,500.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2012/12O1501.pdf">2012-O -1501	IN RE: JUSTICE OF THE PEACE THOMAS THREET, PARISH OF CALCASIEU, WARD 6, STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)Accordingly, it is ordered that Justice of the Peace Threet pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $2,500.00, plus costs in the amount of $253.20, no later than thirty days from the finality of this judgment. In addition, Justice of the Peace Threet is ordered to file his 2010 financial disclosure statement no later than fifteen days from the finality of this judgment. Failure to comply with the orders of this court may result in a finding of contempt. See In re: Hoffman, 11-0417 (La. 6/22/12), 92 So.3d 334; In re: Cook, 11-0715 (La. 6/22/12), 92 So.3d 333.&nbsp;<a href="/opinions/2012/12O1946.pdf">2012-O -1946	IN RE: JUSTICE OF THE PEACE LUANN LANDRY ST. BERNARD PARISH, WARD E STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)Accordingly, it is ordered that Justice of the Peace Landry pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500.00, plus costs in the amount of $554.00, no later than thirty days from the finality of this judgment.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2012/12C0513.pdf">2012-C -0513 KIRK E. PREST, ET AL. v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION, ET AL.</a>&nbsp;(Parish of Plaquemines) For the foregoing reasons, we affirm the determination of KLR&rsquo;s negligence, finding KLR failed to exercise reasonable diligence in attempting to procure increased insurance policy coverage in August 2005. We find the trial court abused its discretion in awarding general damages in this case and reverse that award. We affirm the trial court&rsquo;s award of special damages, as amended by the court of appeal. AFFIRMED IN PART; REVERSED IN PARTVICTORY, J., concurs in part and dissents in part and assigns reasons. GUIDRY, J., concurs in part and dissents in part, and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/12CQ0453.pdf">2012-CQ-0453	STATE OF LOUISIANA v. R.W.B.</a>&nbsp;(Parish of Calcasieu)We answer the certified question as set forth in this opinion. Pursuant to Supreme Court Rule XI, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the Louisiana Court of Appeal, Third Circuit, and to the parties.WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/12B1434.pdf">2012-B -1434	IN RE: KATHERINE M. GUSTE</a>&nbsp;(Disciplinary Counsel)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 Katherine M. Guste, Louisiana Bar Roll number 23486, be and she hereby is suspended from the practice of law for two years. It is further ordered that respondent shall make restitution to the heirs of Anthony Perniciaro and shall refund the unearned portion of the legal fee paid by Craig Conners, or submit the matters to the Louisiana State Bar Association&rsquo;s Fee Dispute Resolution Program. 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. GUIDRY, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #072</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiams handed down on the&nbsp;22nd day of October, 2010, are as follows:PER CURIAM:<a href="/opinions/2010/2009KP1404.opn.pdf">2009-KP-1404 STATE OF LOUISIANA v. LARRY N. LEWIS, JR.</a>&nbsp;(Parish of Jefferson)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, the decision of the court of appeal is affirmed to the extent that it upholds defendant's conviction for manslaughter but reversed insofar as it vacates the sentence imposed by the trial court. Defendant's sentence of 30 years imprisonment at hard labor is reinstated and this case is remanded to the trial court for execution of sentence. DECISION OF COURT OF APPEAL AFFIRMED IN PART, REVERSED IN PART; DEFENDANT'S SENTENCE REINSTATED; CASE REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2010/2009K1658.opn.pdf">2009-K -1658 STATE OF LOUISIANA v. TERRENCE ROSHUN SCOTT</a>&nbsp;(Parish of St. Tammany)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, the decision of the court of appeal is reversed, defendant's convictions and sentences are reinstated, and this case is remanded to the district court for execution of sentence. DECISION OF COURT OF APPEAL REVERSED; DEFENDANT'S CONVICTIONS AND SENTENCES REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2010/2009K2357.opn.pdf">2009-K -2357 STATE OF LOUISIANA v. ALTON LANE STROTHER</a>&nbsp;(Parish of Rapides)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, defendant's conviction and sentence for attempted cruelty to juveniles are reinstated, as is defendant's sentence on his conviction for cruelty to juveniles as affirmed by the court of appeal. This case is remanded to the district court for purposes of execution of sentence.&nbsp; COURT OF APPEAL DECISION REVERSED IN PART, AFFIRMED IN PART; CONVICTION AND SENTENCE FOR ATTEMPTED SECOND DEGREE CRUELTY TO JUVENILES REINSTATED; CONVICTION FOR CRUELTY TO JUVENILES AFFIRMED AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #072</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;15th day of December, 2006, is as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2006/06C0394.pdf">2006-C-0394 C/W 2006-C-0439 JEFFREY S. LEVINE, M.D. vs. FIRST NATIONAL BANK OF COMMERCE C/W FIRST NATIONAL BANK OF COMMERCE v. JEFFREY S. LEVINE</a>&nbsp;(Parish of Jefferson)Thus, we reverse the judgment in favor of Dr. Levine and against the Bank, and we dismiss Dr. Levine&rsquo;s suit for damages with prejudice.* * *Accordingly, we recall the writ grant in Number 06-C-0439.06-C-0394 - REVERSED IN PART AND AFFIRMED IN PART.06-C-0439 - WRIT RECALLED.KIMBALL, J., concurs with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #072</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;18th day of September, 2001, are as follows:&nbsp; &nbsp;BY JOHNSON, J.:<a href="/opinions/2001/01ca0009.opn.pdf">2001-CA- 0009 LOUISIANA PUBLIC FACILITIES AUTHORITY v. MURPHY J. "MIKE" FOSTER, JR., IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA</a> (Parish of E. Baton Rouge) For the foregoing reasons, we hold that the LPFA is not protected by La. Const. Art. I, &sect; 23, as it is not a private citizen. We also hold that Act 1238 does not violate La. Const. Art. III, &sect; 15, as it does not violate the "one object" requirement, and the amended version of the bill is relative or pertinent to the bill as introduced. We also hold that Act II of the Second Extraordinary Session of 2000 does not violate La. Const. Art. III, &sect; 16(A), as it was enacted pursuant to the legislature's power to regulate funds to operate state government. Accordingly, we reverse the district court's ruling that Acts 915, 1238, and 1323 of the 1999 Regular Session of the Louisiana Legislature, and Act II of the Second Extraordinary Session of 2000 are unconstitutional. REVERSED.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/01ca0009.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons. </a>VICTORY, J., concurs in the result. KNOLL, J., concurs in the result.&nbsp; &nbsp;&nbsp;BY WILLIAMS, J. Pro Tempore:<a href="/opinions/2001/01cc0175.opn.pdf">2001-CC- 0175 CLECO CORPORATION v. LEONARD JOHNSON AND LEGION INDEMNITY COMPANY</a> (Parish of St. Tammany) The court of appeal's decision to reverse the trial court's ruling and grant defendants' exception of no cause of action is hereby reversed, and this matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED.Judge Felicia Toney Williams of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/01cc0175.cdk.pdf">KIMBALL, J., concurs and attaches reasons. </a><a href="/opinions/2001/01cc0175.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory. J.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00k1258.pc.pdf">2000-K- 1258 STATE OF LOUISIANA v. EARNEST L. MURRAY</a> (Parish of St. Tammany) (Two Counts of Attempted First Degree Murder) The decision below is therefore reversed, the respondent's convictions and consecutive sentences are affirmed, and this case is remanded to the district court for execution of sentence. JUDGMENT REVERSED; CASE REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #072</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;17th day of October, 2000, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2000/00o1026.opn.pdf">2000-O- 1026 IN RE: JUSTICE OF THE PEACE GUY MCINNIS</a> (Judiciary Commission of Louisiana) Therefore, it is hereby ordered that respondent, Justice of the Peace Guy McInnis, Ward I, Parish of St. Bernard, be censured for knowingly and willfully maintaining a continuing financial relationship with the St. Bernard Parish Sheriff's Office, a violation of&nbsp;<a href="/rules/supreme/cjc.asp">Canons 1, 2(A), and 5(C)(1) of the Code of Judicial Conduct&nbsp;</a>. Respondent is cast with costs of this proceeding, and shall pay to the Judiciary Commission of Louisiana the sum of $1,474.00 as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case.<a href="/rules/supreme/RuleXXIII.asp">Supreme Court Rule XXIII, &sect;22.</a>&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/00c0492.opn.pdf">2000-C- 0492 BERT J. WAINWRIGHT, ET AL v. ROMONA FONTENOT, ET AL.</a> (Parish of Calcasieu) For the reasons cited herein, the opinion of the court of appeal in this matter is reversed, and the judgment of the trial court is reinstated. REVERSED. JUDGMENT OF TRIAL COURT REINSTATED.LEMMON, J., subscribes to the opinion and assigns additional reasons. <a href="/opinions/2000/00c0492.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00ka0903.opn.pdf">2000-KA- 0903 STATE OF LOUISIANA v. KRISTOPHER SCHOENING</a> (Parish of Calcasieu) (Aggravated Rape) For all of these reasons, the trial court's declaration that La. Code Evid. art. 615(B)(4) is unconstitutional is vacated.&nbsp;<a href="/opinions/2000/00ca1316.opn.pdf">2000-CA- 1316 RUSSELL PAULETTE LEBOUEF ISTRE, ET AL. v. DANIEL MECHE, ET AL.</a> (Parish of Acadia) For the reasons assigned, the district court's judgment is vacated and the case is remanded to the district court for further proceedings consistent with this opinion. VACATED AND REMANDED.LEMMON, J., concurs and will assign reasons.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/00c0157.opn.pdf">2000-C- 0157 RAYFORD J. LEBLANC, II v. WILLIAM STEVENSON, III AND AUDUBON INDEMNITY COMPANY</a> (Parish of Lafayette) For the foregoing reasons, we affirm the court of appeal judgment finding that Stevenson's negligence caused the accident and that LeBlanc was comparatively liable. Therefore Stevenson was correctly apportioned 60% of the fault, and LeBlanc was correctly allocated 40% of the fault. We also find that the court of appeal was correct in holding that LeBlanc was entitled to general damages in the amount of $100,000; $7,459 in past medical expenses; $5,698 in future medical expenses; and $54,861 in past lost income, subject to a reduction of forty percent for his comparative negligence. However, we reverse and set aside the court of appeal judgment awarding LeBlanc damages for loss of future earning capacity. AFFIRMED IN PART; REVERSED IN PART.<a href="/opinions/2000/00c0157.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>LEMMON, J., concurs in part and dissents in part from the deletion of damages for impairment of earning capacity, for the reasons assigned by the Chief Justice. VICTORY, J., dissents believing that the record supports the jury's verdict. <a href="/opinions/2000/00c0157.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/99k3256.opn.pdf">1999-K- 3256 STATE OF LOUISIANA v. ROY LINDSEY</a> (Parish of Orleans) (Simple Robbery, Habitual Offender) C/W 1999-K- 3302 STATE OF LOUISIANA v. DARRYL K. WEBSTER (Parish of Orleans) (Purse Snatching, Habitual Offender) For the reasons stated above, the judgment of the court of appeal in State v. Lindsey is affirmed. State v. Webster is remanded to the court of appeal for reconsideration in light of this opinion. STATE v. LINDSEY , NO. 99-K-3256 AFFIRMED STATE v. WEBSTER , NO. 99-K-3302 REMANDED<a href="/opinions/2000/99k3256.bjj.pdf">JOHNSON, J., dissents and assigns reasons. </a><a href="/opinions/2000/99k3256.jtk.pdf">KNOLL, J., concurs in part and dissents in part and assigns reasons.</a>&nbsp;&nbsp;BY TRAYLOR, J&nbsp;.:<a href="/opinions/2000/99k2935.opn.pdf">1999-K- 2935 STATE OF LOUISIANA v. ALTON A. TAYLOR</a> (Parish of Orleans) C/W 1999-KP-2937 STATE OF LOUISIANA v. JESSE CLARK ( Parish of Orleans) C/W 1999-K- 2938 STATE OF LOUISIANA v. JOSEPH DUPLESSIS, III (Parish of Orleans) For the foregoing reasons, we reverse the contradictory findings of the trial court and court of appeal. REVERSED.<a href="/opinions/2000/99k2935.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2000/99k2935.htl.pdf">LEMMON, J., concurs and assigns reasons. </a><a href="/opinions/2000/99k2935.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/99c3577.opn.pdf">1999-C- 3577 MARY B. TOUCHARD v. SLEMCO ELECTRIC FOUNDATION, ET AL.</a> (Parish of Lafayette) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the trial court finding plaintiff suffered no injuries as a result of defendant's acts, and dismissing plaintiff's suit is reinstated. All costs of this appeal are assessed to plaintiff.<a href="/opinions/2000/99c3577.htl.pdf">LEMMON, J., subscribes to the opinion and assigns additional reasons. </a>JOHNSON, J., concurs.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/99k3342.opn.pdf">1999-K- 3342 STATE OF LOUISIANA v. CHARLES JAMES MITCHELL, III</a> (Parish of St. Mary) (Attempted First Degree Murder) The evidence of the events and the statements of the parties at trial were legally sufficient to convict defendant of the crime charged because the State did provide the jury with sufficient evidence of defendant's specific intent to kill that negated every possible hypothesis of innocence of the defendant. Therefore, for the foregoing reasons, the judgment of the court of appeal is reversed and the conviction and sentence of the defendant is reinstated. This case is remanded to the First Circuit Court of Appeal for its review of defendant's remaining assignments of error. JUDGMENT REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.<a href="/opinions/2000/99k3342.htl.pdf">LEMMON, J., concurs and assigns reasons. </a>JOHNSON, J., dissents and will assign reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #071</div></td></tr><tr valign="top"><td 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&nbsp;1st day of December, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/16KK1124cw16KK1183.opn.pdf">2016-KK-1124 C/W 2016-KK-1183 STATE OF LOUISIANA v. JOSEPH TAYLOR</a>&nbsp;(Parish of Orleans)For the reasons set forth in this opinion, we find no error in the district court&rsquo;s ruling allowing the state to introduce evidence of defendant&rsquo;s 1999 PWITD cocaine conviction at trial. However, we find the district court abused its discretion in failing to conduct a pre-trial hearing to determine the admissibility of defendant&rsquo;s 1998 and 2005 convictions for possession of cocaine. Therefore, we reverse this ruling of the district court and remand the matter to district court to conduct a pre-trial hearing consistent with the guidelines set forth in this opinion. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. ANY REQUEST FOR REHEARING MUST BE RECEIVED BY THIS COURT WITHIN SEVEN DAYS FROM THE ISSUANCE OF THIS OPINION.CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #071</div></td></tr><tr valign="top"><td 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&nbsp;2nd day of November, 2007, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/06KA0518.opn.bjj.pdf">2006-KA-0518 STATE OF LOUISIANA v. ROBERT GLEN COLEMAN</a>&nbsp;(Parish of Caddo) (First Degree Murder) For the reasons assigned herein, we reverse the defendant's conviction and death sentence, and remand for a new trial. REVERSED AND REMANDED FOR NEW TRIAL.VICTORY, J., dissents for the reasons assigned by Justice Knoll. TRAYLOR, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/07KP0691.opn.pc.pdf">2007-KP- 0691 STATE OF LOUISIANA v. JASON MATTHIS</a>&nbsp;(Parish of Orleans) (Second Degree Murder) Accordingly, the judgments below are reversed, respondent's conviction and sentence for second degree murder are reinstated, and this case isremanded to the district court for purposes of taking respondent into custody and remanding him to the penitentiary to serve the remainder of his life term. RULINGS BELOW REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED FOR EXECUTION OF SENTENCE.Judge Fred C. Sexton sitting ad hoc for Pascal F. Calogero, C.J., recused.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #071</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;9th day of September, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03c3491.opn.pdf">2003-C-3491 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MAROLYN W. BRYANT v. UNITED SERVICES AUTOMOBILE ASSOCIATION AND ROBERTNIQUE W. WILLIAMS&nbsp;</a> (Parish of Jackson) <a href="/opinions/2004/03c3491.opn.pdf"> C/W&nbsp; 2004-C-0028 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; VIRGINIA McCRAY v. GENO WESLEY JENKINS, MAURICE JENKINS AND ALLSTATE INSURANCE COMPANY&nbsp;</a> (Parish of Jefferson) For the foregoing reasons, we reverse the judgments of the lower courts granting summary judgment in favor of plaintiff, Marolyn Bryant. The Bryant case is remanded to the district court with instructions for it to conduct further proceedings consistent with this opinion. The judgment of the court of appeal in the McCray case is affirmed. 03-C-3491: Reversed and Remanded. 04-C-0028: Affirmed.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03kk2592.opn.pdf">2003-KK-2592 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JULIAN CHRISTIAN LONG</a> (Parish of E. Baton Rouge) (Possession With Intent to Distribute Marijuana; Possession of a Firearm With a Controlled Dangerous Substance) For the reasons stated herein, the judgment of the court of appeal is affirmed and the case is remanded to the trial court for further proceedings in accordance with this opinion. AFFIRMED and REMANDED.Judge James C. Gulotta, retired, sitting for Associate Justice Chet D. Traylor, recused.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents. WEIMER, J., concurs and assigns reasons. GULOTTA, J., ad hoc, concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2004/03c3444.opn.pdf">2003-C-3444 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DIANNE TURNER, AS NATURAL TUTRIX OF THE MINOR CHILD, CIETRA JENAL STROUGHTER (ONTERIO MCWRIGHT) v. THOMAS R. BUSBY&nbsp;AND ZURICH AMERICAN INSURANCE COMPANY</a> (Parish of Tensas) Accordingly, we affirm the lower courts and hold that the plaintiff, who was formally acknowledged as an illegitimate child, is not a child for the purposes of a wrongful death and survival action where he is not the biological child of the decedent. AFFIRMED.&nbsp; CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03b2499.pc.pdf">2003-B-2499 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: DONALD A. HOFFMAN </a>(Disciplinary Proceedings) 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 Donald A. Hoffman, Louisiana Bar Roll number 6894, be suspended from the practice of law for a period of three months. It is further ordered that the suspension shall be deferred in its entirety, subject to the condition that any misconduct by respondent during a one-year period following the date of finality of this court's judgment may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assesed 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's judgment until paid.VICTORY, J., dissents. KNOLL, J., concurs in part and dissents in part for reasons assigned by Justice Weimer. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/opinions/2004/04b0011.pc.pdf">2004-B-0011 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: ANN B. STEINHARDT </a>(Disciplinary Proceedings) 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 Ann B. Steinhardt, Louisiana Bar Roll number 12437, be suspended from the practice of law for a period of three years. Two years of this suspension shall be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on supervised probation for a period of two years, during which she shall fully and completely adhere to all terms of the recovery agreement that she executed with the Lawyers Assistance Program, and such other conditions as may be imposed upon her by the Lawyers Assistance Program. Any violation of this condition or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other 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's judgment until paid.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #071</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;21st day of October, 2003, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2003/02k2812.opn.pdf">2002-K -2812 STATE OF LOUISIANA v. FRANK W. KANG</a>&nbsp;(Parish of Jefferson) (Second Degree Murder) For the reasons assigned, the judgment of the court of appeal is reversed and the case is remanded to the court of appeal for it to consider defendant's remaining assignment of error. REVERSED and REMANDEDCALOGERO, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0115.opn.pdf">2003-C -0115 ANTHONY CRANE RENTAL, L.P. v. RUFUS FRUGE, JR., DIRECTOR OF CALCASIEU PARISH SALES &amp; USE TAX DEPT.</a> (Parish of Calcasieu) For the foregoing reasons, we reverse the court of appeal's judgment regarding the assessment of interest, penalties and attorney fees and remand to the district court for a determination of the precise amount of sales and use taxes, interest, penalties and attorney fees owed by Anthony Crane Rental L.P. consistent with this opinion. COURT OF APPEAL JUDGMENT REVERSED IN PART; CASE REMANDED TO THE DISTRICT COURT.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/02c2984.opn.pdf">2002-C -2984 SUSAN DIANE STARKS ROSS v. BILLY WAYNE ROSS</a> (Parish of E. Baton Rouge) Accordingly, we reverse the lower courts' findings that Mr. Ross did not exert effort, skill or industry during the existence of the community property regime to produce the renewal commissions he received during the regime. We also reverse the lower courts' decision insofar as it places the burden of proof on Mrs. Starks to prove her entitlement to a share of renewal commissions during the marriage. REVERSED.VICTORY, J., concurs in the result. KNOLL, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/03c0202.opn.pdf">2003-C -0202 JODY AND LORA BORDELON INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, BRANDON v. MEDICAL CENTER OF BATON ROUGE&nbsp;AND ANDREW T. ZARUSKI, M.D.</a> (Parish of E. Baton Rouge) For the reasons expressed herein, the judgment of the court of appeal is affirmed. AFFIRMED.<a href="/opinions/2003/03o1412.opn.pdf">2003-O -1412 IN RE: JUDGE C. HUNTER KING&nbsp;CIVIL DISTRICT COURT</a> (Judiciary Commission of Louisiana) Accordingly, for the reasons stated herein, it is ordered, adjudged, and decreed that the respondent, Judge C. Hunter King of Section M of the Civil District Court for the Parish of Orleans, State of Louisiana, be, and is hereby, removed from office, and that his office be, and is hereby, declared to be vacant. Further, the respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &Acirc;&sect;26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally we cast the respondent with $693.50 of the costs incurred in the investigation and prosecution of his case.&nbsp; REMOVAL FROM JUDICIAL OFFICE ORDERED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/02cc2888.opn.pdf">2002-CC-2888 LOIS LAZARD, ET AL. v. SHERIFF CHARLES FOTI, ET AL.</a> (Parish of Orleans) For the reasons assigned, the judgments of the trial court and the Court of Appeal, Fourth Circuit, are hereby reversed and the case is remanded to the trial court for judgment in accordance with the reasons stated herein.JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/02k3021.opn.pdf">2002-K -3021 STATE OF LOUISIANA v. CHANCE CEASER</a>&nbsp;(Parish of St. Landry) (Battery of a Police Officer - Two Counts) Accordingly, we reinstate the jury's verdict against defendant, as well as the sentence imposed by the trial court.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2003/03kk0206.opn.pdf">2003-KK-0206 STATE OF LOUISIANA v. COREY MILLER, EMANUEL STEVENSON, AND LATASHA WITHERSPOON</a>&nbsp;(Parish of Jefferson) (Introduction and Possession of Contraband in a Correctional Center) For the foregoing reasons, the last sentence of La. R.S. 14:402(E) is stricken and declared unconstitutional. The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendants' motions to quash. REVERSED. Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting in place of Chief Justice Pascal F. Calogero, recused.KIMBALL, J., concurs in the result. VICTORY, J., concurs in the result. LOBRANO, J., concurs in the result.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2003/03c0107.opn.pdf">2003-C -0107 BONNIE D. REED v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a> (Parish of Evangeline) Having found that the lower courts erred, we reverse the judgment against State Farm Mutual Automobile Insurance Company and in favor of plaintiff, Bonnie D. Reed, and dismiss her suit with prejudice. We pretermit all other issues urged by the parties.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2003/03c0136.opn.pdf">2003-C -0136 NABORS DRILLING USA v. DAVID DAVIS</a>&nbsp;(Office of Workers' Compensation, District No. 4) The judgment of the court of appeal is therefore reversed and the judgment of the workers' compensation judge dismissing Nabors' demand seeking to terminate benefits pursuant to LSA-R.S. 23:1208.1 is hereby reinstated. REVERSED.&nbsp;<a href="/opinions/2003/03c0209.opn.pdf">2003-C -0209 SHIRLEY STINER v. ANTONI'S ITALIAN CAFE'</a>&nbsp;(Office of Workers' Compensation, District No. 4) For the foregoing reasons, the judgment of the workers' compensation judge granting claimant's motion for summary judgment and the opinion of the court of appeal affirming that judgment are reversed. The matter is remanded to the office of Workers' Compensation, District 4, for further review to determine whether claimant's right to workers' compensation benefits should be denied. REVERSED; REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/02b3131.pc.pdf">2002-B -3131 IN RE: JOHNNIE A. JONES, JR.</a> (Disciplinary Proceedings) 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 Johnnie A. Jones, Jr., Louisiana Bar Roll number 1083, be suspended from the practice of law in Louisiana for a period of three months. It is further ordered this suspension shall be fully deferred, and respondent shall be placed on probation for a period of two years. Any misconduct during the probationary period may be grounds for making the deferred 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, &Acirc;&sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0091.pc.pdf">2003-C -0091 IRIS MILLER v. ERIC D. CLOUT, III,&nbsp;BAKER HUGHES OILFIELD OPERATIONS, INC. AND NATIONAL UNION FIRE INSURANCE COMPANY</a> (Parish of Lafayette) For the reasons assigned, the judgment of the court of appeal insofar as it amended the judgment of the district court is reversed. The judgment of the district court is reinstated in its entirety. All costs in this court are assessed to plaintiff.&nbsp;<a href="/opinions/2003/03b0287.pc.pdf">2003-B -0287 IN RE: MICHAEL WAYNE KELLY&nbsp; C/W&nbsp; 2003-B -0509 IN RE: EVELYN C. KELLY</a> (Disciplinary Proceedings) For the reasons assigned, it is ordered that Michael Wayne Kelly, Louisiana Bar Roll No. 23159, be suspended from the practice of law for a period of six months, to commence from the finality of this judgment. It is ordered that Evelyn Denise Kelly, Louisiana Bar Roll No. 20457, be suspended from the practice of law for a period of six months, to commence six months from the finality of this judgment. All costs and expenses in the matter are assessed against respondents 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b1148.pc.pdf">2003-B -1148 IN RE: LAWRENCE D. SLEDGE</a> (Disciplinary Proceedings) 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 the name of Lawrence D. Sledge, a/k/a L. D. Sledge, Louisiana Bar Roll number 12132, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. 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's judgment until paid.CALOGERO, C.J., dissents for reasons assigned by Weimer, J. KNOLL, J., concurs for additional reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #070</div></td></tr><tr valign="top"><td 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&nbsp;10th day of December, 2013, are as follows:&nbsp;BY VICTORY, J.: <a href="/opinions/2013/13C0691.opn.pdf">2013-C -0691	BENJAMIN G. FIDELAK AND KERI TUBRE FIDELAK v. HOLMES EUROPEAN MOTORS, L.L.C. D/B/A LAND ROVER SHREVEPORT, ET AL.</a>&nbsp;(Parish of Caddo)For the reasons stated herein, the judgments of the lower courts are reversed and the case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED&nbsp;<a href="/opinions/2013/13O2055.opn.pdf">2013-O -2055	IN RE: RAYMOND THOMAS, JR. JUSTICE OF THE PEACE CANDIDATE WARD 1, ASSUMPTION PARISH STATE OF LOUISIANA</a>Accordingly, it is ordered that Mr. Thomas pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, plus costs in the amount of $401.00, no later than thirty days from the finality of this judgment.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/13C0397.opn.pdf">2013-C -0397	BARBARA SHAW v. ACADIAN BUILDERS AND CONTRACTORS, LLC</a>&nbsp;(Parish of Ascension)Judge Robert Klees was assigned as Justice ad hoc, sitting for Hughes, J., recused.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed and the trial court judgment is reinstated in its entirety. REVERSED AND RENDERED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2013/13C1085.opn.pdf">2013-C -1085	MARY P. OGEA v. TRAVIS MERRITT AND MERRITT CONSTRUCTION, LLC</a>&nbsp;(Parish of Calcasieu)The judgment of the court of appeal is reversed insofar as it finds the individual member of the LLC personally liable. Judgment is hereby rendered in favor of the individual member of the LLC dismissing all claims against him. In all other respects, the judgment of the court of appeal is affirmed. REVERSED IN PART; JUDGMENT RENDERED.JOHNSON, C.J., concurs in result. GUIDRY, J., concurs and assigns reasons. CLARK, J., concurs and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2013/13KA0914.opn.pdf">2013-KA-0914 STATE OF LOUISIANA v. GLEN P. DRAUGHTER</a>&nbsp;(Parish of Orleans)After reviewing the statue under a strict scrutiny analysis, we hold La. R.S. 14:95.1, as applied to a convicted felon still under state supervision, does not unconstitutionally infringe upon the right to bear arms secured by article I, section 11 of the Louisiana Constitution. The district court&rsquo;s ruling that La. R.S. 14:95.1 is unconstitutional is reversed. The district court's ruling granting the defendant's motion to quash the bill of information is reversed. This matter is remanded to the district court for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2013/13C0579.opn.pdf">2013-C -0579	CLYDE SNIDER, JR., ET UX v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Beauregard)For the reasons assigned herein, we reverse the appellate court's judgment and remand this matter to the appellate court for disposition of the plaintiffs' assignments of error in accordance with this opinion.&nbsp; REVERSED; REMANDED TO THE COURT OF APPEAL, THIRD CIRCUIT.JOHNSON, C.J., concurs in result. KNOLL, J., concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12K2358.opn.pdf">2012-K -2358	STATE OF LOUISIANA v. BRANDON SMITH</a>&nbsp;(Parish of Orleans)The decision of the court of appeal is therefore reversed and defendant's conviction and sentence are reinstated.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/12K2677.opn.pdf">2012-K -2677	STATE OF LOUISIANA v. JASON T. DUHE</a>&nbsp;(Parish of St. Tammany)The trial court therefore properly denied defendant's motion to suppress. The decision of the court of appeal is therefore reversed and defendant's conviction and sentence are reinstated.&nbsp;<a href="/opinions/2013/13B2023.opn.pdf">2013-B -2023	IN RE: THOMAS ROBERT SCHMIDT</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 Thomas Robert Schmidt, Louisiana Bar Roll number 26503, be and he hereby is suspended from the practice of law for one year and one day. It is further ordered that all but sixty days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for a period of two years. As conditions of probation, respondent is ordered to attend and successfully complete the Louisiana State Bar Association&rsquo;s Ethics School, and resolve any fee dispute that remains in the Bartholomew and Ball matters. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #070</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;On the&nbsp;26th day of October, 2011, additional reasons were assigned by the Court in the cases listed below (original Opinion issued October 25, 2011,&nbsp;<a href="Opinions?p=2011-069">News Release No. 2011-069</a>), as follows:<a href="/opinions/2011/10c2267.opn.add.pdf">2010-C -2267 C/W 2010-C -2272, 2010-C -2275, 2010-C -2279, 2010-C -2289 EAGLE PIPE AND SUPPLY, INC. v. AMERADA HESS CORPORATION, ET AL.</a>&nbsp;(Parish of Orleans)Retired Judge Robert J. Lobrano, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.CLARK, J., concurs with additional reasons. WEIMER, J., assigns additional reasons for his dissent. LOBRANO, J., ad hoc, joins in the additional reasons for dissent by Justice Weimer.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #070</div></td></tr><tr valign="top"><td 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&nbsp;19th day of October, 2010, are as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2010/09c2368.opn.pdf">2009-C -2368 C/W 2009-C -2371 DONALD MARIN, SR., ENGSFELD F. MARIN, III, CLYDE J. BREAUX AND VERONICA MARIN BREAUX v. EXXON MOBIL CORPORATION, FORMERLY KNOWN AS AND SUCCESSOR IN INTEREST TO EXXON CORPORATION AND HUMBLE OIL &amp; REFINING COMPANY, ATLANTIC RICHFIELD COMPANY, LEGACY RESOURCES CO., L.P., MJF PROPERTY MANAGEMENT, L.L.C. AND MIKE BOURGEOIS&nbsp;</a>(Parish of St. Mary)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed in part and affirmed in part and the matter is remanded to the trial court to enter an order consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART; REMANDED.JOHNSON, J., dissents in part and concurs in part for reasons assigned by Knoll, J. KNOLL, J., dissents in part and concurs in part, and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2010/10cj0754.opn.pdf">2010-CJ-0754 BRADLEY GRIFFITH v. RESA LATIOLAIS</a>&nbsp;(Parish of Lafayette)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed to the extent it granted sole custody of Cole Griffith to Resa Latiolais. The trial court judgment awarding joint custody of Cole Griffith to Resa Latiolais and Bradley Griffith is reinstated. Resa Latiolais is designated as the domiciliary parent. In all other respects, the judgment of the court of appeal is affirmed.&nbsp; REVERSED IN PART; AFFIRMED IN PART.KNOLL, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2010/10cc0038.opn.pdf">2010-CC-0038 C/W 2010-CC-0047 LATISHA HOLLAND v. LINCOLN GENERAL HOSPITAL, ET AL.</a>&nbsp;(Parish of Orleans) Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the denial of the defendants' motion to transfer is reversed, vacated, and set aside. This matter is hereby transferred to the Third Judicial District Court for further proceedings consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART; REMANDED.&nbsp;<a href="/opinions/2010/10cj1111.opn..pdf">2010-CJ-1111 STATE IN THE INTEREST OF H.A.B.</a>&nbsp;(Parish of Jefferson Davis)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, and the District Court&rsquo;s judgment permanently and irrevocably terminating S.B.&rsquo;s parental rights pursuant to La. Child. Code art. 1015(5) is hereby reinstated. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2010/09c2746.opn.pdf">2009-C -2746 MONNA MATHIEU v. NEW ORLEANS PUBLIC LIBRARY</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.The decision of the court of appeal imposing a 90-day suspension is reversed and the sanction of termination upheld by the New Orleans Civil Service Commission is reinstated.&nbsp; REVERSED IN PART; TERMINATION REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09kk2695.opn.pdf">2009-KK-2695 STATE OF LOUISIANA v. DANIEL SMALLS</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, the commissioner below erred in denying the defendant&rsquo;s motion to transfer his case, or cause it to be re-allotted, to either the magistrate judge or one of the other sections of the Criminal District Court. That ruling is reversed, and the case is transferred to the Criminal District Court, which is ordered to re-allot the defendant&rsquo;s case to the magistrate judge or another section of the Criminal District Court. REVERSED AND TRANSFERRED TO THE CRIMINAL DISTRICT COURT TO BE RE-ALLOTTED.JOHNSON, J., concurs.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2010/09k2323.opn.pdf">2009-K -2323 STATE OF LOUISIANA v. RONNIE JOE BROOKS, JR.&nbsp;</a>(Parish of Bienville)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated above, we conclude that the court of appeal erred in modifying the jury&rsquo;s verdict. We reinstate defendant&rsquo;s original conviction and sentence for aggravated burglary. COURT OF APPEAL MODIFICATION OF VERDICT REVERSED; JUDGMENT OF CONVICTION OF SIMPLE BURGLARY OF AN INHABITED DWELLING VACATED; ORIGINAL VERDICT OF THE JURY AND SENTENCE IMPOSED BY THE TRIAL COURT REINSTATED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2010/09cc2645.opn.pdf">2009-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O / B / O&nbsp; DONALD ALBRITTON (D) v. GREG SALARD, M.D. JOHN REEVES, M. D. AND GLENWOOD REGIONAL MEDICAL CENTER</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we recall our order of April 23, 2010 as improvidently granted, and we deny defendant&rsquo;s writ application.Weimer, J., dissents and assigns reasons. Victory, J., dissents and assigns reasons. <a href="/opinions/2010/09ok2660.opn.pdf">2009-OK-2660 STATE OF LOUISIANA v. TERRENCE C. HALL&nbsp;</a>(Parish of Jefferson)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we recall the writ as improvidently granted. WRIT GRANT RECALLED; WRIT DENIED.WEIMER, J., concurs in part and dissents in part.&nbsp;<a href="/opinions/2010/09c2750.opn.pdf">2009-C -2750 DONNA HOWARD, INDIVIDUALLY AND ON BEHALF OF HER TWO MINOR CHILDREN, CHAD HOWARD AND KENDRA HOWARD, CLARENCE JOHNSON, JOYCE JOHNSON, ORVILLE JOHNSON AND HELEN JOHNSON v. UNION CARBIDE CORPORATION</a>&nbsp;(Parish of St. Charles)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the court of appeal is amended to reflect the following damage awards: Ella Mae Darensbourg ($100), Colleen Lathers ($100), Tone Silas ($100), Cynthia Johnson-Gordon ($100), June Gross ($150), Dorothy Richard ($150), Lisa McKnight ($250), Martin Granier ($500), Lionel Harry ($500), Anne Ockmond ($500), James McCormick ($500), and Franklin McGinnis ($500). In all other respects, the judgment, as amended, is affirmed.&nbsp; AMENDED AND AFFIRMED AS AMENDED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs and assigns reasons.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2010/10cc0007.opn.pdf">2010-CC-0007 HERMAN CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS THE ADMINISTRATOR OF THE ESTATE OF HIS MINOR CHILD, HERMAN BLAKE CARRIER, AND HIS WIFE, WENDY WALLACE CARRIER v. CITY OF AMITE AND BELL SPORTS, INC. AND SEARS ROEBUCK AND CO.&nbsp;</a>(Parish of Tangipahoa)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the district court is reversed. The motion for summary judgment filed by Sears, Roebuck Co. is granted, and judgment is entered in its favor dismissing the claims of plaintiffs with prejudice.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2010/10b0670.opn.pdf">2010-B-0670 IN RE: DANIEL JAMES STANFORD AND JOHN KEVIN STOCKSTILL</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, oral argument, it is ordered that Daniel James Stanford, Louisiana Bar number 22639, and John Kevin Stockstill, Louisiana Bar number 23951, be and they hereby are suspended from the practice of law for six months. The suspensions shall be deferred, subject to the condition that respondents enroll and attend one full day of Ethics School offered by the Louisiana State Bar Association&rsquo;s Practice Assistance and Improvement Committee. All costs and expenses in the matter are assessed against respondents 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.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. CLARK, J., dissents for reasons by Justice Johnson.&nbsp;<a href="/opinions/2010/10b0837.opn.pdf">2010-B -0837 IN RE: GERARD N. TORRY</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.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 Gerard N. Torry, Louisiana Bar Roll number 2150, be and he hereby is suspended from the practice of law for one year, with all but thirty days deferred, followed by a one-year period of unsupervised probation governed by the conditions set forth by the disciplinary board. 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.&nbsp;<a href="/opinions/2010/10b0884.opn.pdf">2010-B -0884 IN RE: DANIEL E. BECNEL, III</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.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 one year. Three months of this suspension shall be deferred, subject to respondent&rsquo;s successful completion of a one-year period of unsupervised probation. Respondent is ordered as a condition of probation to make restitution to his client of the unearned portion of the $5,000 fee. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #069</div></td></tr><tr valign="top"><td 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&nbsp;25th day of October, 2011, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2011/11KA0009.opn.pdf">2011-KA-0009 STATE OF LOUISIANA v. LARRY ROCHON</a>&nbsp;(Parish of Orleans)The district court erred in finding article 496 is unconstitutional. For these reasons, we reverse the judgment of the district court and hold article 496 is constitutional under the narrow construction that an arrest warrant may issue pursuant to article 496 only if an accompanying affidavit establishes probable cause for the arrest.&nbsp; REVERSED.JOHNSON, J., dissents and will assign reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2011/11C0084.opn.pdf">2011-C -0084 GINGER HINCH DURIO v. HORACE MANN INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Calcasieu)For the above reasons, we hold that the lower courts erred in calculating La. R.S. 22:1220 penalties based on contractual amounts due under the insurance contract. Such penalties are properly calculated by doubling the amount of damages sustained as a result of the insurer&rsquo;s breach of its duties under the statute. Applying the proper statutory interpretation to the facts of this case, we amend the trial court&rsquo;s judgment to reflect the correct award of penalties totaling $334,666.00. We also hold the lower courts erred in applying the amended version of La. R.S. 22:658, thereby allowing attorney fees to be awarded. Thus, we reverse the lower courts&rsquo; rulings on this issue, and vacate the award of attorney fees. In all other respects, the rulings of the lower courts are affirmed. AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART.VICTORY, J., additionally concurs in part. KNOLL, J., concurs in part and dissents in part with assigned reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2011/11O0714.opn.pdf">2011-O -0714 IN RE: JUSTICE OF THE PEACE TINA REVETTE LAGRANGE, DISTRICT 6, PARISH OF ST. LANDRY, STATE OF LOUISIANA</a>&nbsp;(Parish of St. Landry)Accordingly, it is ordered that Justice of the Peace La Grange pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0715.opn.pdf">2011-O -0715 IN RE: JUSTICE OF THE PEACE DAVID E. COOK, WARD 1, PARISH OF BIENVILLE, STATE OF LOUISIANA</a>&nbsp;(Parish of Bienville)Accordingly, it is ordered- that Justice of the Peace Cook pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0874.opn.pdf">2011-O -0874 IN RE: JUSTICE OF THE PEACE STACIE P. MYERS, DISTRICT 4, PARISH OF POINTE COUPEE, STATE OF LOUISIANA</a>&nbsp;(Parish of Pointe Coupee)Accordingly, it is ordered that Justice of the Peace Myers pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0875.opn.pdf">2011-O -0875 IN RE: JUSTICE OF THE PEACE THOMAS "TOM" THREET WARD 4, PARISH OF CALCASIEU, STATE OF LOUISIANA</a>&nbsp;(Parish of Calcasieu)Accordingly, it is ordered that Justice of the Peace Threet pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $300.00, no later than thirty days from the finality of this judgment.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2011/11C0303cw11C0304.opn.pdf">2011-C -0303 C/W 2011-C -0304 MB INDUSTRIES, LLC v. CNA INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Acadia) For the above-stated reasons, we find there is no genuine issue of material fact and judgment for defendants should be entered as a matter of law. The judgment of the Court of Appeal is hereby reversed, and the judgment of the District Court is reinstated. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.JOHNSON, J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2011/11CQ1039.opn.pdf">2011-CQ-1039 MCI COMMUNICATIONS SERVICES, INC. v. WAYNE HAGAN AND JAMES JOUBERT</a>Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2011/10CC1826.opn.pdf">2010-CC-1826 INTERDICTION OF HAROLD OTIS WRIGHT</a>&nbsp;(Parish of Tangipahoa)For the reasons stated herein, the ruling of the court of appeal is reversed and the trial court ruling that denied the exception of res judicata is reinstated. The matter is remanded for further proceedings in accordance with this decision. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurring in part and dissenting in part for reasons assigned. GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/11K0082.opn.pdf">2011-K -0082 STATE OF LOUISIANA v. TERRANCE A. MARTIN</a>&nbsp;(Parish of Calcasieu) (Possession of a Schedule IV Controlled Dangerous Substance)Based on the foregoing, we find the court of appeal erred in reversing the district court&rsquo;s denial of the defendant&rsquo;s motion to suppress. We reverse the ruling of the appellate court and remand the matter to the court of appeal for consideration of the defendant&rsquo;s remaining assignment of error. REVERSED AND REMANDED.JOHNSON, J., dissents and will assign reasons.&nbsp;<a href="/opinions/2011/10C2267cw10C2272_10C2275_10C2279_10C2289.opn.pdf">2010-C -2267 C/W 2010-C -2272, 2010-C -2275, 2010-C -2279, 2010-C -2289 EAGLE PIPE AND SUPPLY, INC. v. AMERADA HESS CORPORATION, ET AL.</a>&nbsp;(Parish of Orleans)Retired Judge Robert J. Lobrano, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.So finding, we reverse the ruling of the court of appeal on rehearing and reinstate the ruling of the court of appeal on original hearing, affirming the trial court&rsquo;s granting of the defendants&rsquo; exceptions of no right of action.&nbsp; REVERSED.JOHNSON, J., dissents. VICTORY, J., concurs in the result and assigns reasons. KNOLL, J., recused. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs and assigns additional reasons. CLARK, J., concurs and will assign additional reasons. LOBRANO, dissents for reasons assigned by Weimer, J.[<a href="Opinions?p=2011-070">See News Release 2011-070 for additional reasons assigned</a>]&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/11B0200.pc.pdf">2011-B -0200 IN RE: LOUIS A. GERDES, JR.</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 Louis A. Gerdes, Jr., Louisiana Bar Roll number 6030, be and he hereby is suspended from the practice of law for nine months. It is further ordered that all but three months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year governed by the conditions set forth in this opinion. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.VICTORY, J., dissents and assigns reasons. GUIDRY, J., concurs in part and dissents in part.&nbsp;<a href="/opinions/2011/11C0229.pc.pdf">2011-C -0229 KIRK RICHARD, ET AL. v. KIMBERLY BABIN RICHARD, ET AL.</a>&nbsp;(Parish of Iberia)For the reasons assigned, the judgment of the court of appeal reversing the district court&rsquo;s judgment in part as to a claim for false arrest is reversed. The district court&rsquo;s judgment dismissing the suit of Kirk Richard against the State of Louisiana, Department of Social Services, its Iberia Parish office, and Jannenne Trahan, Brandi Derouen, and Shanequa Keal-Lewis, is reinstated in its entirety.<a href="/opinions/2011/11C0760.pc.pdf">2011-C -0760 DONNA TYSON v. THOMPSON HOME HEALTH</a>Accordingly, we recall our order of June 3, 2011 as improvidently granted, and we deny defendant&rsquo;s writ application.VICTORY, J., dissents for reasons assigned by Justice Weimer. WEIMER, J., dissents for reasons assigned. CLARK, J., dissents.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #069</div></td></tr><tr valign="top"><td 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&nbsp;6th day of November, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/09O1617.opn.pdf">2009-O -1617	IN RE: JUDGE JOAN S. BENGE</a>Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting for Justice Greg G. Guidry, recused. Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Accordingly, it is ordered, adjudged, and decreed that respondent, Judge Joan S. Benge, of the 24th Judicial District Court, be, and is hereby, removed from office; and that her office be, and is hereby declared vacant. Further, respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &sect;26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Moreover, pursuant to La. Sup. Ct. Rule XXIII, &sect;22 we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $3,389.50. Finally, we expressly reserve the right of the Office of Disciplinary Counsel of the Louisiana Attorney Disciplinary Board to institute lawyer discipline proceedings against Judge Benge. REMOVAL FROM JUDICIAL OFFICE ORDERED; RIGHT TO BRING LAWYER DISCIPLINARY PROCEEDINGS RESERVED.&nbsp;BY VICTORY, J.:<a href="/opinions/2009/09kk1621.opn.pdf">2009-KK-1621	STATE OF LOUISIANA v. BRUCE WALLACE</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons stated herein, the judgment of the magistrate court is reversed. The Orleans Parish Criminal District Court is ordered to comply with the mandates of this opinion in ensuring that probable cause determinations required under La. C.Cr.P. art. 230.2 are being held within 48 hours of arrest. In the absence of a bona fide emergency or other extreme circumstances, all persons arrested without a warrant for whom a probable cause determination is not made within 48 hours must be immediately released from custody on their own recognizance. REVERSED.WEIMER, J., additionally concurs and assigns reasons.&nbsp;BY KNOLL, J.:<a href="/opinions/2009/08cc2670.opn.pdf">2008-CC-2670	SUSAN BLACK v. ST. TAMMANY PARISH HOSPITAL, DR. ROBERT CAPITELLI, PATTI ELLISH, JUDY GRACIA, AND BARBARA OAKES</a>&nbsp;(Parish of Washington)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate the judgment of the district court, sustaining defendants&rsquo; declinatory exception of improper venue and remanding this matter to the 22nd JDC for the Parish of St. Tammany for further proceedings. REVERSED and REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #069</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;10th day of October, 2003, is as follows:PER CURIAM: <a href="/opinions/2003/2003CC0144.opn.pdf">2003-CC- 0144 GOOTEE CONSTRUCTION, INC. v. AMWEST SURETY INSURANCE COMPANY&nbsp;AND PREMIER GLASS PLUS, INC.</a> (Parish of Jefferson) For the reasons assigned, the judgment of the district court denying summary judgment is reversed. Summary judgment is hereby rendered in favor of C. Reese Owen and against Gootee Construction, Inc., in the principal sum of $710,814.17, plus costs and appropriate legal interest.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #069</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;5th day of September, 2001, is as follows:&nbsp; BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2001/00c3518.opn.pdf">2000-C- 3518 ELEVATING BOATS, INC. v. PARISH OF ST. BERNARD, ET AL.</a> (Parish of St. Bernard) For the foregoing reasons, we reverse the court of appeal's judgment and reinstate the district court's judgment that the sales and use tax obligations of Elevating Boats, Inc. to St. Bernard Parish, including an annual interest penalty, is not prescribed. We further reverse the court of appeal's judgment and reinstate the district court's judgment that Elevating Boats is a retailer for occupational license tax purposes; however, we find that the occupational license taxes prior to 1991 are prescribed. Finally, we find that an inter-parish credit is not due Elevating Boats, Inc. This matter is remanded to the district court with instructions to enter a judgment in favor of Elevating Boats, Inc. against the Parish of St. Bernard for the difference between the $1,956,805.00 paid under protest and the past due taxes owed including 15% annual interest penalty. Finally, the district court should allocate the costs of these proceedings equally between the parties. COURT OF APPEAL JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED IN PART; CASE REMANDED TO THE DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.<a href="/opinions/2001/00c3518.jpv.pdf">VICTORY, J., dissents in part and assigns reasons</a>.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #069</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;6th day of October, 2000, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/00ca0374.opn.pdf">2000-CA- 0374 LOUISIANA MUNICIPAL ASSOCIATION AND THE PARISH OF EAST BATON ROUGE v. STATE OF LOUISIANA AND MURPHY J. "MIKE" FOSTER, THROUGH THE HONORABLE RICHARD IEYOUB, ATTORNEY GENERAL FOR THE STATE OF LOUISIANA&nbsp;</a>(Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the trial court is reversed, and plaintiff's action for declaratory and injunctive relief is dismissed.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of November, 2016, ais as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2016/14KA2153.OPN.pdf">2014-KA-2153	STATE OF LOUISIANA v. RODRICUS C. CRAWFORD</a>&nbsp;(Parish of Caddo)DEFENDANT'S CONVICTIONS AND SENTENCES ARE VACATED; REMANDED TO THE TRIAL COURT FOR A NEW TRIAL.JOHNSON, C.J., concurs in result, and dissents in part for reasons assigned by Knoll, J.&nbsp; KNOLL, J., concurs in results and dissents and assigns reasons. CRICHTON, J., dissents in part and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of November, 2012, is as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2012/09KA1578.pdf">2009-KA-1578	STATE OF LOUISIANA v. MICHAEL GARCIA</a>&nbsp;(Parish of W. Baton Rouge) (First Degree Murder)For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to timely petition the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing. The District Court shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. Ann. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. Ann. &sect; 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.WEIMER, J., dissents and assigns reasons. CLARK, J., will additionally concur for reasons to be assigned.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td 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&nbsp;30th day of October, 2009, are as follows:&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/09C0093.opn.pdf">2009-C -0093	CHARLES C. FOTI, JR., ATTORNEY GENERAL FOR THE STATE OF LOUISIANA v. SARAH HOLLIDAY</a>&nbsp;(Parish of E. Baton Rouge)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons stated herein, the judgment of the court of appeal is affirmed, and the case is dismissed with prejudice. AFFIRMED.VICTORY, J., dissents for the reasons assigned by Justice Weimer. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/09CC0420.opn.pdf">2009-CC-0420	EVANGELINE PORTER, HOWARD BARDELL, JR. AND THOMAS PORTER v. HARRY LEE IN HIS CAPACITY AS SHERIFF OF THE PARISH OF JEFFERSON, THE STATE OF LOUISIANA AND LEO MITCHELL</a>&nbsp;(Parish of Jefferson)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Accordingly, we recall our order granting certiorari and deny the State's application.&nbsp; WRIT RECALLED. APPLICATION DENIED. CASE REMANDED FOR FURTHER PROCEEDINGS.WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/09B0573.opn.pdf">2009-B -0573	IN RE: RANDY J. UNGAR</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Randy J. Ungar, Louisiana Bar Roll number 12387, be and he hereby is suspended from the practice of law for three 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's judgment until paid.JOHNSON, J., would impose disbarment. VICTORY, J., dissents and assigns reasons. KNOLL, J., dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;26th day of October, 2007, is as follows:PER CURIAM:<a href="/opinions/2007/06K2346.opn.pdf">2006-K -2346 STATE OF LOUISIANA v. JOSEPH WAYNE PINION</a>&nbsp;(Parish of Tangipahoa) (Second Degree Murder) Accordingly, the decision of the court of appeal is reversed, defendant's conviction and sentence are vacated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE VACATED; CASE REMANDED FOR FURTHER PROCEEDINGS.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td 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&nbsp;29th day of November, 2006, are as follows:&nbsp;BY KIMBALL, J.<a href="/opinions/2006/05k0992.pdf">2005-K -0992 STATE OF LOUISIANA v. TRON HUGHES</a>&nbsp;(Parish of Orleans) (Manslaughter) For all the above reasons, we find the court of appeal erred indetermining that no rational trier of fact could have found the identity of the perpetrator proven beyond a reasonable doubt. Consequently, we reverse the judgment of the court of appeal and reinstate defendant's conviction and sentence. The case is remanded to the court of appeal for it to consider defendant's remaining assignment of error. REVERSED. CONVICTION AND SENTENCE REINSTATED. REMANDED TO COURT OF APPEAL FOR CONSIDERATION OF REMAINING ASSIGNMENT OF ERROR.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06cc0363.pdf">2006-CC-0363 TAMMY KAY DUNCAN v. U.S.A.A. INSURANCE COMPANY, JAMES S. CAMERON ANDMALONI R. SARTIN-WHITE, WESTERN HERITAGE INSURANCE COMPANY</a>&nbsp;(Parish of Jefferson) Accordingly, we affirm the decision of the court of appeal grantingplaintiff's motion for summary judgment and denying defendant's motion for summary judgment. AFFIRMED.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2006/05ca2578.pdf">2005-CA-2578 C/W 2005-CA-2579 VOICESTREAM GSM I OPERATING CO., LLC AND COOK INLET/VS GSM IV PSC, LLC v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) After a thorough review of LSPC's General Order dated April 29, 2005, we conclude that the implementation of the SUSF is consistent with the Louisiana Constitution as well as with the Telecommunications Act of 1996. Because the LPSC's order is accorded great weight, it may not beoverturned absent an affirmative showing that the decision was arbitrary, capricious, or a clear abuse of discretion or not based on the factual evidence presented. AFFIRMED.&nbsp;BY TRAYLOR, J.:<a href="/opinions/2006/05c1139.pdf">2005-C -1139 JOHN LAM, A MINOR, THROUGH THOM LAM IN HIS CAPACITY AS THE ADMINISTRATOR OF THE ESTATE OF HIS MINOR CHILD, JOHN LAM v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, THOMAS PERINO, MILDRED PERINO INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF THOMAS PERINO, SALVADOR PERINO INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF THOMAS PERINO, ET AL.</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we reverse in part and affirm in part theruling of the court of appeal. REVERSED IN PART AND AFFIRMED IN PART.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06k0207.pdf">2006-K -0207 STATE OF LOUISIANA v. LESLIE OTTO ORDODI</a>&nbsp;(Parish of Iberia) (Attempted Armed Robbery - Two Counts) For the foregoing reasons, the judgment of the court of appeal isreversed. Defendant's convictions and sentence are affirmed.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06c0582.pdf">2006-C -0582 HOLLY &amp; SMITH ARCHITECTS, INC. v. ST. HELENA CONGREGATE FACILITY, INC.AND ST. HELENA PARISH HOSPITAL</a>&nbsp;(Parish of St. Helena) Accordingly, for the foregoing reasons, the judgment of the appellatecourt is affirmed as to its result only. AFFIRMED AS TO RESULT ONLY.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., additionally concurs and assigns reasons. KNOLL, J., dissents for reasons assigned by C. J. Calogero.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/04k3139.pdf">2004-K -3139 STATE OF LOUISIANA v. KEITH MARSHALL A/K/A GREGORY MARSHALL</a>&nbsp;(Parish of Orleans) (Possession of Cocaine) Accordingly, the court of appeal erred by reversing Defendant's conviction and sentence based on insufficient evidence. The judgment ofthe court of appeal is therefore reversed, Defendant's conviction and sentence are reinstated, and this case is remanded to the district court for purposes of execution and sentence. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06c0575.pdf">2006-C -0575 WILLIAM MARKS v. NEW ORLEANS POLICE DEPARTMENT</a>&nbsp;(Orleans Civil Service Commission) For the foregoing reasons, the decision of the appellate court isreversed and the matter remanded for consideration of appellant's other assignments of error. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2006/06c0983.pdf">2006-C -0983 JEREMY DEAN FOLEY AND JOY DAWN FOLEY, INDIVIDUALLY AND ON BEHALF OFTHEIR MINOR CHILDREN, NIKOLAS FOLEY AND DYLAN FOLEY v. ENTERGYLOUISIANA, INC., FELICIANA, A LOUISIANA PARTNERSHIP IN COMMENDAM ANDLATTER &amp; BLUM, INC.</a>&nbsp;(Parish of Orleans) For the reasons expressed above, we affirm the conclusion of the courtof appeal insofar as it assesses Entergy with at least partialresponsibility for the damages incurred by the plaintiffs and assigns no fault to either WFMFT or Latter &amp; Blum. However, we reverse thejudgment of the court of appeal insofar as it amends the districtcourt's judgment with respect to allocation of fault. That portion ofthe district court judgment allocating thirty-five percent of the faultfor this accident to Entergy and twenty percent to Jeremy Foley is reinstated. AFFIRMED IN PART; REVERSED IN PART AND RENDERED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons and additionally concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2006/05ob0999.pdf">2005-OB-0999 IN RE: JOSEPH AIAVOLASITI KOTT</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied. Petitioner may not reapply for admission for a periodof at least eighteen months from the finality of this judgment.CALOGERO, C.J., dissents and would admit petitioner conditionally. KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents and would conditionally admit petitioner.&nbsp;<a href="/opinions/2006/06kk0312.pdf">2006-KK-0312 STATE OF LOUISIANA v. FARRELL PORCHE</a>&nbsp;(Parish of Jefferson) (Possession of Cocaine) The trial court's judgment granting respondent's motion to suppress is therefore vacated, the motion is denied, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. TRIAL COURT'S RULING REVERSED; MOTION TO SUPPRESS DENIED; CASE REMANDED.&nbsp;<a href="/opinions/2006/06b0630.pdf">2006-B -0630 IN RE: EDDIE DOUGLAS AUSTIN, JR.</a> (Disciplinary Proceedings) 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 the formal charges against respondent, Eddie Douglas Austin, Jr., be and hereby are dismissed.JOHNSON, J., dissents. TRAYLOR, J., dissents. KNOLL, J., dissents.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #068</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;20th day of September, 2002, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2002/01k0607.pc.pdf">2001-K- 0607 STATE OF LOUISIANA v. ANTHONY SYLVESTER&nbsp;</a>(Parish of Orleans) (Attempted Possession of Heroin) Accordingly, the decision of the Fourth Circuit is reversed and this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error pretermitted on original hearing. JUDGMENT OF THE COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;7th day of November, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/16CJ0710.opn.pdf">2016-CJ-0710	JEREMY GEORGE, ET UX. v. ROBBIE DUGAS, ET UX.</a>&nbsp;(Parish of Acadia)Accordingly, we recall our order of May 20, 2016, as improvidently granted, and we deny plaintiffs' application.WEIMER, J., dissents and assigns reasons. CLARK, J., dissents with reasons. HUGHES, J., concurs and assigns reasons. CRICHTON, J., dissents for the reasons assigned by Justice Weimer.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;24th day of September, 2010, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2010/10CA1822.opn.pdf">2010-CA-1822 DAISY LUCERO MARCILE AND TRACY LUCERO, INDIVIDUALLY AND OBO HER MINOR CHILD, TRISTON WILLIBER v. NEAL DAUZAT AND CITY OF MARKSVILLE</a>&nbsp;(Parish of Avoyelles)Chief Justice Kimball not participating in this opinion.Accordingly, we vacate the judgment of the district court. The case is remanded to the district court to allow plaintiffs to specially plead the unconstitutionality of La. R.S. 13:5105(D), should they wish to do so, and for the issue to be fully litigated. See La. Code Civ. P. art. 2164; Summerell v. Phillips, 258 La. 587, 247 So. 2nd 542 (1971).&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;28th day of October, 2009, is as follows: &nbsp;BY VICTORY, J.:<a href="/opinions/2009/08CC2868.pdf">2008-CC-2868	MICHAEL T. GREEN v. AUTO CLUB GROUP INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Orleans)Traylor, J., retired. Justice Traylor retired after oral argument and did not participate in the deliberation of this case following his date of retirement, May 31, 2009.For the reasons stated herein, the judgment of the court of appeals is reversed, the trial court judgment denying defendants' Exceptions of Improper Venue and Prescription is reinstated, and the case is remanded to the trial court for further proceedings. REVERSED AND REMANDED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td 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&nbsp;21th day of October, 2008, are as follows:&nbsp;BY PER CURIAM:<a href="/opinions/2008/06OB2797.opn.pdf">2006-OB- 2797 IN RE: ERIC WAYNE CLAVILLE</a> Accordingly, it is ordered that the application for admission be and hereby is granted.&nbsp; ADMISSION GRANTED.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;17th day of October, 2007, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2007/07B0995.opn.pdf">2007-B- 0995 IN RE: JESSE CLARENCE BROWN</a> (Disciplinary Proceedings) 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 Jesse Clarence Brown, LouisianaBar Roll No. 18570, be publicly reprimanded. 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's judgment until paid.KIMBALL, J., dissents for reasons assigned by Traylor, J. TRAYLOR, J., dissents and would impose discipline recommended by Board and Hearing Committee.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #066</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;26th day of September, 2003, is as follows:PER CURIAM&nbsp;:<a href="/opinions/2003/03c2493.opn2.pdf">2003-C- 2493 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EDWARD LEWIS BECKER v. LYNN B. DEAN, INDIVIDUALLY AND IN HIS CAPACITY AS CANDIDATE FOR THE OFFICE OF COUNCILMAN-AT-LARGE (EAST), ST. BERNARD PARISH, AND LENA R. TORRES, IN HER OFFICIAL CAPACITY AS CLERK OF COURT, ETC.</a> (Parish of St. Bernard) For the reasons assigned, the judgments of the lower courts are reversed. The candidacy of Lynn B. Dean for the office of councilman-at-large (East) for the Parish of St. Bernard is hereby reinstated. All costs in this court are assessed to plaintiff. Reversed; Candidacy Reinstated. &nbsp;
 CALOGERO, C.J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #065</div></td></tr><tr valign="top"><td 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&nbsp;2nd day of November, 2012, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2012/11C2835.pdf">2011-C -2835	HELEN DUCKWORTH v. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY C/W TONY SMITH v. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY</a>(Parish of St. Bernard)The judgments of the district courts sustaining defendant&rsquo;s exceptions of prescription and dismissing plaintiffs&rsquo; petitions as prescribed are reversed and the cases are remanded to the respective district courts for further proceedings. REVERSED AND REMANDED.VICTORY, J., dissents with reasons.&nbsp;<a href="/opinions/2012/12CC0152.pdf">2012-CC-0152	DAVID AND DEMETRIA QUINN v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION</a>&nbsp;(Parish of Jefferson)For the reasons stated herein, the judgment of the district court is reversed and judgment is rendered sustaining the exception of prescription; however, the case is remanded to the district court to allow plaintiffs an opportunity to amend and supplement their petition.&nbsp; REVERSED; EXCEPTION OF PRESCRIPTION SUSTAINED; CASE REMANDED.&nbsp;VICTORY, J., dissents in part and concurs in part and assigns reasons.&nbsp;<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #065</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;17th day of August, 2004, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2004/04ca2104.pc.pdf">2004-CA-2104 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; FORUM FOR EQUALITY PAC,&nbsp;A REGISTERED LOUISIANA POLITICAL ACTION COMMITTEE, LAURENCE E. BEST, JEANNE M. LEBLANC AND WILLIAM A. SCHULTZ v. CITY OF NEW ORLEANS AND THE HONORABLE W. FOX MCKEITHEN, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF LOUISIANA ONLY, AND NOT INDIVIDUALLY</a> (Parish of Orleans) Accordingly, it is ordered that the appeal be transferred to the Court of Appeal Fourth Circuit to be scheduled and decided on an expedited basis.CALOGERO, C.J., concurs and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #065</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;22nd day of September, 2000, is as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00c2595.922.pc.pdf">2000-C- 2595 ROBERT WELDON RUSSELL, III v. REGGIE GOLDSBY AND JOHN J. DAHMER</a> (Parish of Tangipahoa) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court, dismissing plaintiff's suit and declaring that Dr. Reggie Goldsby meets the qualifications to be a candidate for mayor of Amite City, is reinstated. All costs in this court are assessed to plaintiff. REVERSED; CANDIDACY REINSTATED.LEMMON, J., concurs and will assign reasons. <a href="/opinions/2000/00c2595.jpv.pdf">VICTORY, J., dissents and assigns reasons</a>.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td 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&nbsp;20th day of October, 2009, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08CC2869.bjj.opn.pdf">2008-CC-2869 MELVIN LEBLANC, NAOMI FAULKIN, LUCILLE MOORE, RONALD NEWMAN, DELILAH HALL, MARLENE DUMAS, AND BETTY WASHINGTON v. DWAYNE THOMAS, CHIEF EXECUTIVE OFFICER, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, DR. LARRY HOLLIER, CHANCELLOR, LSU HEALTH SCIENCE CENTER-NEW ORLEANS, LSU HEALTH SCIENCE CENTER-NEW ORLEANS, AND DR. MICHAEL K. BUTLER, ACTING CHIEF EXECUTIVE OFFICER, LSU HEALTH CARE SERIVCES DIVISION</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned ad hoc, sitting for Justice Chet D. Traylor.Accordingly, we find that East Baton Rouge Parish is the proper venue for a suit against a state agency where an administrative decision is involved. For the foregoing reasons, we reverse the court of appeal and grant the Defendants&rsquo; Exception of Improper Venue. This action is transferred to East Baton Rouge Parish. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2009/09C0449.09C0469.bjj.opn.pdf">2009-C -0449 C/W 2009-C -0469 KERN BROUSSARD v. HILCORP ENERGY COMPANY, BETA OPERATING COMPANY, LLC, CHEVRON U.S.A., INC., TEXAS PETROLEUM INVESTMENT COMPANY, CONOCOPHILLIPS, UNION OIL COMPANY OF CALIFORNIA, SWIFT ENERGY COMPANY, PACIFIC ENTERPRISES OIL COMPANY (USA), K-EXPLORATION CO., SANDOZ &amp; ASSOCIATES, INC., J.O. EASLEY, INC., WINSTON L. STOKES, STATE OF LOUISIANA</a>&nbsp;(Parish of Vermilion)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, we find that the written notice requirement, and delay for performance, required by Mineral Code article 136 are not applicable to the Plaintiffs&rsquo; claims. Plaintiffs have not alleged that defendants failed to develop and operate the property as a reasonably prudent operator as contemplated by Articles 122 and 136 of the Mineral Code. Thus, Plaintiffs were not required to provide defendants with pre-suit notice and an opportunity to perform prior to filing suit. AFFIRMED AND REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS.GUIDRY, J., dissents with reasons. WEIMER, J., dissents and assigns reasons. VICTORY, J., dissents for the reasons assigned by Justice Weimer&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/09C0520.jlw.opn.pdf">2009-C -0520 MARVIN W. BUXTON v. IOWA POLICE DEPARTMENT</a>&nbsp;(Office of Workers&rsquo; Compensation, District 03)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Accordingly, we reverse the judgment in favor of Marvin W. Buxton in its entirety.&nbsp; REVERSED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/07KA1407.ggg.opn.pdf">2007-KA-1407 STATE OF LOUISIANA v. SHEDRAN WILLIAMS</a>&nbsp;(Parish of E. Baton Rouge) (First Degree Murder)Retired Judge Philip C. Ciaccio, assigned as Judge ad hoc, sitting for Justice Chet D. Traylor.For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before issuing the warrant of execution, as provided by La. Rev. Stat. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. &sect; 15:147; and (2) to litigate expeditiously the claims raised in that application if filed in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2009/09C0669.ggg.opn.pdf">2009-C -0669 RANDY FONTENOT, ET AL. v. PATTERSON INSURANCE, ET AL. C/W GERMAINE BROOKS, ET AL. v. CITY OF LAFAYETTE, ET AL.</a>&nbsp;(Parish of Lafayette)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons stated herein, we reverse the court of appeal&rsquo;s judgment as to the allocation of liability and assessment of damages and costs and reinstate the jury&rsquo;s verdict. REVERSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/07K2028.pc.opn.pdf">2007-K -2028 STATE OF LOUISIANA v. RYAN MARIE SMITH</a>&nbsp;(Parish of Caddo)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.The decision of the court of appeal is therefore reversed, defendant's conviction and sentence for armed robbery are reinstated, and this case is remanded to the district court for purposes of execution of sentence.JOHNSON, J., dissents and assigns reasons. JONES, J., dissents for reasons assigned by Johnson, J.&nbsp;&nbsp;<a href="/opinions/2009/09KK0638.pc.opn.pdf">2009-KK-0638 STATE OF LOUISIANA v. RODNEY RICHARDSON</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.The ruling of the trial court granting defendant's motion to suppress is therefore reversed and this case is remanded to the court for further proceedings consistent with the views expressed herein. JUDGMENT OF THE TRIAL COURT GRANTING THE MOTION TO SUPPRESS REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS.&nbsp;<a href="/opinions/2009/09B0938.pc.opn.pdf">2009-B -0938 IN RE: HILLIARD C. FAZANDE, III</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Hilliard C. Fazande, III, Louisiana Bar Roll number 26638, be and he hereby is suspended from the practice of law in Louisiana for a period of six months. It is further ordered that all but thirty days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year governed by the conditions set forth in this opinion. 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.&nbsp;<a href="/opinions/2009/09B1091.pc.opn.pdf">2009-B -1091 IN RE: WADE R. BAGGETTE</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Wade R. Baggette, Louisiana Bar Roll number 2652, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;14th day of October, 2008, is as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/07C2116.opn.pdf">2007-C- 2116 JAMES H. "JIM" BROWN, AS COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA v. ANA INSURANCE GROUP, A LOUISIANA PARTNERSHIP</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, we reverse the decision of the court of appeal.&nbsp; REVERSED AND RENDERED.VICTORY, J., concurs. TRAYLOR, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td 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&nbsp;16th day of October, 2007, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/07c0290.pdf">2007-C -0290 INTERNATIONAL PAPER COMPANY, INC. v. SHERIFF WILLIAM EARL HILTON, ET AL.</a>&nbsp;(Parish of Rapides) Accordingly, we hold that the court of appeal correctly found that in this instance, the inclusion of International Paper's industrial area and subsequent taxation of International Paper by Ward 9 Recreation District is proper. AFFIRMED.Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeannette T. Knoll, recused.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/07cc0177.pdf">2007-CC-0177 JENNIFER DEVALL COPELAND v. ALVIN C. COPELAND</a>&nbsp;(Parish of St. Tammany) For the reasons stated herein, the judgment of the trial court is reversed and the case is remanded for further proceedings in accordance with this ruling. REVERSED AND REMANDED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/07c0478.pdf">2007-C -0478 CARLENE T. KINCHEN v. THE LIVINGSTON PARISH COUNCIL, ET AL.</a>&nbsp; (Parish of Livingston) For the foregoing reasons, the decisions of the lower courts are reversed. The matter is remanded to the trial court for disposition in accordance with this decision. REVERSED AND REMANDED.KIMBALL, J., concurs in result. JOHNSON, J., concurs in result.&nbsp;<a href="/opinions/2007/06k2175.pdf">2006-K -2175 STATE OF LOUISIANA v. MONOLO ANTON BAKER</a>&nbsp;(Parish of Caddo) (Possession of a Firearm by a Convicted Felon)&nbsp; We find that a sentence imposed under La. R.S. 14:95.1 may be enhanced under the habitual offender law, as long as the prior felony conviction used as an element in the firearm conviction is not also used as a prior felony conviction in the multiple offender bill of information. To the extent that cases state to the contrary, including State v. Sanders, 337 So.2nd 1131 (La. 1976) and State v. Firmin, 354 So.2nd 1355 (La. 1978), they are overruled.&nbsp; AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/07kk0476.pdf">2007-KK-0476 STATE OF LOUISIANA v. HARRY BOYER</a>&nbsp;(Parish of Lafourche) (Possession of Cocaine and Prohibited Drug Paraphernalia) The judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. This case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. REVERSED and REMANDED.Retired Judge Philip C. Ciaccio assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/06K1903.pdf">2006-K -1903 STATE OF LOUISIANA v. JACK KING</a>&nbsp;(Parish of Caddo)&nbsp; (Armed Robbery With a Firearm; Habitual Offender) For the forgoing reasons, defendant's sentence of 203 years is amended to reflect that 198 years are to be served at hard labor followed by an additional five-year term to be served consecutively. The ruling of the court of appeal is vacated. Defendant's sentence is reinstated as amended by this court. COURT OF APPEAL DECISION VACATED; SENTENCE AS AMENDED, REINSTATED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06kp1730.pdf">2006-KP-1730 CITY OF LAFAYETTE v. DARRELL D. DESORMEAUX</a>&nbsp;(Parish of Lafayette) (Resisting an Officer) Accordingly, the judgment of the court of appeal is reversed as to defendant, his conviction and sentence are reinstated, and this case is remanded to the city court for purposes of rendering that sentence executory.&nbsp; COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2007/07b1049.pdf">2007-B -1049 IN RE: DAVID H. BERNSTEIN</a> (Disciplinary Proceedings) 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 David H. Bernstein, Louisiana BarRoll No. 1711, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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's judgment until paid.KNOLL, J., concurs in part and dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;3rd day of November, 2006, is as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2006/06CC0128.opn.pdf">2006-CC- 0128 RADCLIFFE 10, LLC v. ZIP TUBE SYSTEMS OF LOUISIANA, ET AL.</a>&nbsp; (Parish of St. Tammany) Accordingly, for the foregoing reasons, we reverse the decision of the court of appeal, and remand the matter to the trial court for a hearing on the merits of the motion to recuse. REVERSED AND REMANDED.KIMBALL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 4th day of September, 2002, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2002/01c1598.pdf">2001-C- 1598 ALFRED AUSTIN, ET AL. v. ABNEY MILLS, INC. ET AL.&nbsp;</a>(Parish of&nbsp;&nbsp;Webster)&nbsp; For the reasons set forth above, we reverse the lower courts'&nbsp;summary judgment in favor of the employer defendants and remand for further proceedings not inconsistent with our holding in this&nbsp;case.&nbsp; REVERSED AND REMANDED.&nbsp;Judge James C. Gulotta, retired, assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.&nbsp;CALOGERO, C.J., assigns additional reasons.&nbsp; KIMBALL, J., dissents.&nbsp; VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents.&nbsp;&nbsp;<a href="/opinions/2002/01c2875.pdf">2001-C- 2875 TOWER CREDIT, INC. v. TONYA CARPENTER&nbsp;</a>(Parish of Ascension)&nbsp; The judgment of the court of appeal is reversed and that of the district court reinstated.&nbsp; REVERSED, DISTRICT COURT JUDGMENT REINSTATED.&nbsp;KIMBALL, J., dissents for reasons assigned by Traylor, J.&nbsp; VICTORY, J., concurs in the result.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents for reasons assigned by Traylor, J.&nbsp;&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/02ca0991.pdf">2002-CA- 0991 NEW ORLEANS CAMPAIGN FOR A LIVING WAGE, JEAN MATTHEWS AND PHILOMENIA JOHNSON v. THE CITY OF NEW ORLEANS, MARC MORIAL, MAYOR, THE COUNCIL OF THE CITY OF NEW ORLEANS AND THE STATE OF LOUISIANA C/W THE SMALL BUSINESS COALITION TO SAVE JOBS, THE LOUISIANA RESTAURANT ASSOCIATION, AND THE BUSINESS COUNCIL OF NEW ORLEANS AND THE RIVER REGION v. THE CITY OF NEW ORLEANS</a> (Parish of Orleans)&nbsp; For the reasons expressed above, the judgment of the district court declaring La. R.S.23:642 unconstitutional is reversed. The district court's judgment declaring valid Ordinance No. 20376, the Increased Minimum Wage Charter Amendment, is reversed. The district court's judgment denying and dismissing with prejudice appellants' request for injunctive relief is reversed. The City's minimum wage law, Chapter 5 of Article IX of the home rule charter, is hereby declared unconstitutional and appellants' request for permanent injunctive relief is granted.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., concurs in the decree but dissents from the majority's reasons; and assigns reasons.&nbsp; JOHNSON, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2002/01c2123.pdf">2001-C- 2123 BRADLEY COLE, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILD, LEAH&nbsp; ASHTON COLE AND DENISE COLE, INDIVIDUALLY v. STATE OF LOUISIANA, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a> (Parish&nbsp; of E. Baton Rouge)&nbsp; We find, based on the applicable law and facts of this case, that the lower courts committed no manifest error in finding the injuries Cole sustained were the result of the intentional tort of battery upon him by DPSC workers, as the evidence clearly supports such a finding. However, we conclude that there was no evidence to support the lower courts finding that Cole sustained a serious closed head injury as a result of the battery. Because the court awarded general damages, future medicals and lost wages without delineating a portion for the head injury, we must remand this matter to the appellate court to re-assess the award of damages and exclude the amount apportioned for a closed head injury.&nbsp; AFFIRMED in part REVERSED in part. REMANDED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/00ka2085.pdf">2000-KA- 2085 STATE OF LOUISIANA v. CHAD ROY LOUVIERE&nbsp;</a>(Parish of&nbsp;
 Terrebonne)&nbsp; For the foregoing reasons, defendant's conviction for first-degree murder and his sentence of death are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies the petition for rehearing, the trial judge shall, upon receiving notice from this Court under La.C.Cr.P. art 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with&nbsp; reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp; CONVICTION AND SENTENCE AFFIRMED.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;28th day of October, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/16CA1463.OPN.pdf">2016-CA-1463 ROBERT D. MAYEUX, LISA M. MAYEUX, AND REBECCA MAYEUX v. GEORGE J. CHARLET, JR., DECEASED, CHARLET FUNERAL HOME, INC., REVEREND M. JEFFERY BAYHI, AND THE ROMAN CATHOLIC CHURCH OF THE DIOCESE OF BATON ROUGE</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we hereby vacate the District Court's declaration of unconstitutionality and remand this matter to the District Court for proceedings consistent with this opinion.&nbsp; DECLARATION OF UNCONSTITUTIONALITY VACATED; and REMANDED TO THE DISTRICT COURT.WEIMER, J., recused. GUIDRY, J., would grant and docket. CLARK, J., concurs in the result.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td 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&nbsp;8th day of December, 2015, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2015/14C2592.opn.pdf">2014-C -2592	HAYES FUND FOR THE FIRST UNITED METHODIST CHURCH OF WELSH, LLC, ET AL. v. KERR-MCGEE ROCKY MOUNTAIN, LLC, ET AL.</a>&nbsp;(Parish of Jefferson Davis)Accordingly, for these reasons, we reverse the judgment of the Court of Appeal and hereby reinstate the judgment of the District Court. REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2015/14C2225.opn.pdf">2014-C -2225	WILLIAM HENRY SHANE v. THE PARISH OF JEFFERSON, STATE OF LOUISIANA, AND THE JEFFERSON PARISH ECONOMIC DEVELOPMENT COMMISSION</a>&nbsp;(Parish of Jefferson)Retired Judge Hillary J. Crain, assigned as Justice ad hoc, sitting for Justice Greg G. Guidry, recused.Accordingly, we reverse the appellate court decision, and we reinstate the district court decision. We remand this matter to the district court for further proceedings consistent with the foregoing. REVERSED AND REMANDED.JOHNSON, C.J. additionally concurs and assigns reasons. KNOLL, J., additionally concurs for reasons assigned by C. J. Johnson CRICHTON, J. additionally concurs for reasons assigned by C. J. Johnson GUIDRY, J., recused.&nbsp;&nbsp;PER CURIAMS: <a href="/opinions/2015/14K1701.opn.pdf">2014-K -1701	STATE OF LOUISIANA v. CHRISTOPHER J. WELLS</a>&nbsp;(Parish of Orleans) (Second Degree Murder)Accordingly, the ruling of the court of appeal is reversed and the matter is remanded for consideration of defendant&rsquo;s remaining assignments of error. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2015/14BA2452.opn.pdf">2014-BA-2452	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-52</a>After reviewing the evidence and considering the law, we conclude petitioner is eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of one year. Should petitioner commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.&nbsp; CONDITIONAL ADMISSION GRANTED.WEIMER, J., additionally concurs.&nbsp;<a href="/opinions/2015/15B0959.opn.pdf">2015-B -0959	IN RE: CHARLES R. JOINER</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 Charles R. Joiner, Louisiana Bar Roll number 16989, be and he hereby is suspended from the practice of law for thirty days. Following completion of the suspension, respondent shall be subject to a one-year period of supervised probation, during which he shall be required to attend the Louisiana State Bar Association&rsquo;s Trust Accounting School and undergo quarterly trust account audits under the conditions set forth in the disciplinary board&rsquo;s recommendation. All costs and expenses in this 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.CLARK, J., concurring in part and dissenting in part.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td 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&nbsp;9th day of December, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/13CK2573.opn.pdf">2013-CK-2573	STATE OF LOUISIANA IN THE INTEREST OF J.M.</a>&nbsp;(Parish of Orleans)For the foregoing reasons, we find the Fourth Circuit properly reversed the juvenile court&rsquo;s denial of the defendant&rsquo;s motion to dismiss for untimely adjudication. Accordingly, the judgment is affirmed. AFFIRMED.VICTORY, J., concurs.&nbsp;<a href="/opinions/2014/14C0109.opn.pdf">2014-C -0109	MOORING TAX ASSET GROUP, L.L.C. v. RODERICK A. JAMES AND THE UNITED STATES DEPARTMENT OF TREASURY-INTERNAL REVENUE SERVICE</a>&nbsp;(Parish of Orleans)For the foregoing reasons, we hold that the lower courts erred in failing to award Mooring costs pursuant to La. Const. art. VII, &sect;25(C) and ordering the immediate cancellation of the tax sale deed. We also hold it is Mr. James, the current owner of the property seeking to clear the tax sale deed from the title of the property, who is responsible for payment of these costs. Therefore, we reverse the rulings of the lower courts and remand the matter to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.VICTORY, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:&nbsp; <a href="/opinions/2014/13K2007.opn.pdf">2013-K -2007	STATE OF LOUISIANA v. DANIEL MARSHALL</a>&nbsp;(Parish of Orleans) (Manslaughter)For the reasons stated herein, the judgment of the court of appeal and the defendant&rsquo;s conviction and sentence for manslaughter are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/14C0256.opn.pdf">2014-C -0256	JOHN OLESZKOWICZ v. EXXON MOBIL CORPORATION, EXXON MOBIL OIL CORPORATION, HUMBLE INCORPORATED AND INTRACOASTAL TUBULAR SERVICES, INC.</a>(Parish of Jefferson)For the reasons assigned, the judgment of the court of appeal affirming the award of exemplary damages under La. Civ. Code art. 2315.3 is reversed.&nbsp; REVERSED.&nbsp;<a href="/opinions/2014/14C0664.opn.pdf">2014-C -0664	CANAL/CLAIBORNE, LIMITED v. STONEHEDGE DEVELOPMENT, LLC</a>&nbsp;(Parish of Jefferson)Accordingly, we conclude the trial court was without subject matter jurisdiction to entertain the plaintiff&rsquo;s claim for enrichment without cause and dismiss that claim with prejudice. REVERSED AND REMANDED TO THE DISTRICT.WEIMER, J., concurs in part and dissents in part. HUGHES, J., concurs in part and dissents in part for the reasons assigned by Justice Weimer.&nbsp;<a href="/opinions/2014/14CC0808.opn.pdf">2014-CC-0808	DWAYNE CHAUVIN v. EXXON MOBIL CORPORATION, ET AL.</a>&nbsp;(Parish of Jefferson)Accordingly, the court of appeal&rsquo;s decision is reversed and the trial court&rsquo;s judgment is reinstated.&nbsp; REVERSED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/14O1828.opn.pdf">2014-O -1828	IN RE: JUDGE J. ROBIN FREE</a>&nbsp;(Judiciary Commission)For the reasons assigned, it is ordered that Judge J. Robin Free be suspended without pay for thirty days for violating Canons 1, 2, 2A, 3A(4), 3A(6), and 6B(2) of the Code of Judicial Conduct and La. Const. art. V, &sect; 25(C). Judge J. Robin Free is further ordered to reimburse and pay the Judiciary Commission of Louisiana the sum of $6,723.64 in costs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2014/14B0647.opn.pdf">2014-B -0647	IN RE: RANDY J. FUERST</a>&nbsp;(Disciplinary Board)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 Randy J. Fuerst, Louisiana Bar Roll number 5767, be and he hereby is suspended from the practice of law for six months, with all but three months deferred, subject to the condition that any additional misconduct by respondent within six months from the finality of this judgment may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. It is further ordered that all investigative costs related to the MRW matter and one-eighth of the total litigation expenses 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.JOHNSON, C.J., concurs. KNOLL, J., concurs in result and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2014/14B1435.opn.pdf">2014-B -1435	IN RE: MADRO BANDARIES</a>&nbsp;(Disciplinary Board)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 Madro Bandaries, Louisiana Bar Roll number 25339, be and he hereby is publicly reprimanded. 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.VICTORY, J., dissents, and would impose a harsher sanction on respondent. WEIMER, J., dissents and assigns reasons.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>The Opinions handed down on the&nbsp;5th day of November, 2013, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2013/12OK2763.opn.pdf">2012-OK-2763	STATE OF LOUISIANA v. DARRYL TATE</a>&nbsp;(Parish of Orleans)(Post- Conviction Proceeding)For the foregoing reasons, the judgment of the Court of Appeal is reversed and the judgment of the District Court is hereby reinstated. REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/13C0669.opn.pdf">2013-C -0669	STEVEN M. DAVIS v. ELMER E. PRESCOTT, III, ET AL.</a>&nbsp;(Parish of Claiborne)After considering the record, the applicable law, and the oral argument before the Court, we have determined that the writ application was improvidently granted. Therefore, we recall the Order dated May 17, 2013, granting the writ application. The writ application is hereby denied.&nbsp; WRIT GRANT RECALLED; WRIT DENIED.KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td 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&nbsp;26th day of October, 2012, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2012/11C2839.pdf">2011-C -2839	FIDEL UDOMEH, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF THE MINOR CHILD, S.U. v. SANDRA JOSEPH, ET AL.</a>&nbsp;(Parish of St. Landry)For the foregoing reasons, the judgments of the lower courts are reversed and this case is remanded to the District Court for further proceedings.&nbsp; REVERSED; REMANDED.KIMBALL, C.J., disents and assigns reasons. GUIDRY, J., dissents. CLARK, J., dissents.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/12KA0085.pdf">2012-KA-0085	STATE OF LOUISIANA v. DEARIEUS DUHEART</a>&nbsp;(Parish of E. Baton Rouge) (Possession of a Fire Arm by a Convicted Felon)The case is remanded to the district court for reconsideration of its ruling on the motion to suppress and for further proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #063</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;15th day of September, 2000, are as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00c2595.pc.pdf">2000-C- 2595 ROBERT WELDON RUSSELL, III v. REGGIE GOLDSBY AND JOHN J. DAHMER&nbsp;</a>(Parish of Tangipahoa) The judgment of the court of appeal is reversed. The judgment of the district court, dismissing plaintiff's suit and declaring that Dr. Reggie Goldsby meets the qualifications to be a candidate for mayor of Amite City, is reinstated.VICTORY, J., dissents and will assign reasons.&nbsp;<a href="/opinions/2000/99ko1897.pc.pdf">1999-KO- 1897 STATE OF LOUISIANA v. DANIEL SANTOS&nbsp;</a>(Parish of St. Bernard) (Possession of Heroin) Accordingly, relator's conviction and sentence are reversed and this case is remanded to the district court for all proceedings consistent with the views expressed herein. CONVICTION AND SENTENCE REVERSED; CASE REMANDED.&nbsp;<a href="htto://www.lasc.org/opinions/2000/99k2480.pc.pdf">1999-K- 2480 STATE OF LOUISIANA v. BRADFORD STE. MARIE&nbsp;</a>(Parish of Iberia) (Indecent Behavior with Juveniles - Four Counts) Accordingly, the decision of Third Circuit is reversed and this case is once again remanded to the court of appeal for consideration of respondent's remaining assignments of error. JUDGMENT REVERSED; CASE REMANDED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 14th day of December, 2017, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2017/17BA0065.OPN.pdf">2017-BA-0065</a> <a href="/opinions/2017/17BA0065.OPN.pdf">IN RE: COMMITTEE ON BAR ADMISSIONS CFN 852981</a> Considering the commissioner&rsquo;s recommendation and the entire record of this proceeding, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. ADMISSION GRANTED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;PER CURIAM: <a href="/opinions/2011/09KA1578.pdf">2009-KA-1578	STATE OF LOUISIANA v. MICHAEL GARCIA</a>&nbsp;(Parish of W. Baton Rouge) (First Degree Murder)Jurisdiction over all assignments of error is retained by this court pursuant to our plenary supervisory jurisdiction over all other courts and the parties are directed to seek any review of the trial court's determinations directly in this court. La. Const. art. V, Section 5(A). See also State v. Johnson, 2007-2034 (La. 6/26/09), 23 So.3d 876. JURISDICTION RETAINED; REMANDED IN PART.KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/11C0205.pdf">2011-C -0205	TRANS PACIFIC INTERACTIVE, INC. v. U.S. TELEMETRY CORPORATION; U.S. TELEMETRY NETWORK, INC.; U.S. TELEMETRY-BAKERSFIELD, LLC; DATEX SPECTRUM, LLC; THOMAS L. SIEBERT, K. STEVEN ROBERTS, ROBERT S. MILLER, DON M. CLARKE, JAMES K. GABLE, CHARLES M. BRUCE, JOHN J. BROUSSARD, HENRY (HANK) MILLS, CLAY M. ALLEN, AND STEPHEN D. GAVIN</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we recall our order of April 8, 2011 as improvidently granted, and we deny defendants' writ application.WEIMER, J., dissents with reasons.&nbsp; GUIDRY, J., dissents.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;9th day of October, 2009, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/07KP2034.opn.pdf">2007-KP-2034 STATE OF LOUISIANA v. ANTHONY JOHNSON</a>&nbsp;(Parish of Washington) VICTORY, J., concurs in the recall of defendant&rsquo;s writ application. JOHNSON, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the 27th day of October, 2006, is as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2006/06O1658.pdf">2006-O -1658	IN RE: JUDGE ALLEN A. KRAKE (JUDICIARY COMMISSION OF LOUISIANA)</a> Judge Allen A. Krake of the 35th Judicial District Court, Parish of Grant, State of Louisiana, is hereby suspended from judicial office without salary until the remainder of his term, which expires on December 31, 2008, with all but six months of that suspension deferred. Judge Krake is hereby placed on probation for the remainder of his term of office, which expires on December 31, 2008, with the following probationary conditions:* * *Furthermore, Judge Krake is hereby ordered to reimburse and pay to the Judiciary Commission $2,800.06 representing the amount of costs incurred in the investigation and prosecution of his case.JOHNSON, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td 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&nbsp;29th day of November, 2005, are as follows: &nbsp;BY KIMBALL, J.: <a href="/opinions/2005/04K2863.opn.pdf">2004-K- 2863 STATE OF LOUISIANA v. CURTIS JACKSON</a>&nbsp;(Parish of Ouachita) (Aggravated Assault upon a Peace Officer with a Firearm) For the foregoing reasons, we find that a trial judge is not without jurisdiction to accept a defendant's knowing and voluntary guilty plea simply because the plea is not responsive to that charged in the bill of information and the district attorney has not amended the bill to conform to the plea. The court of appeal's judgment vacating defendant's guilty pleas and remanding the case to the district courtfor further proceedings is reversed. The trial court's conviction and sentence are reinstated. The matter is remanded to the court of appealfor consideration of defendant's appeal, which was pretermitted by thecourt of appeal's finding of a reversible error patent. REVERSED AND REMANDED. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2005/04C2894.opn.pdf">2004-C- 2894&nbsp; C/W 2004-C- 2918&nbsp;SAM P. CICHIRILLO v. AVONDALE INDUSTRIES, INC.,&nbsp;HOPEMAN BROTHERS, INC., INDIVIDUALLY AS ALLEGED SUCCESSOR IN INTEREST TO ITS FORMER WHOLLY-OWNED SUBSIDIARY, WAYNE MANUFACTURING COMPANY, INC., UNIROYAL, INC., CHARLES JOHNSON, EAGLE, INC., REILLY-BENTON COMPANY, INC., ET AL.</a>(Parish of Orleans) For the foregoing reasons, we reverse the judgement of the court of appeal and affirm the judgment of the trial court granting the exception of prescription in favor of defendants, Peter Territo and Northrop Grumman Ship Systems, Inc., formerly known as Avondale Industries, Inc. REVERSED. JOHNSON, J., concurs. VICTORY, J., concurs.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #062</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;17th day of September, 2003&nbsp;, is as follows:&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/03c2493.opn.pdf">2003-C- 2493 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EDWARD LEWIS BECKER v. LYNN B. DEAN, INDIVIDUALLY AND IN&nbsp;HIS CAPACITY AS CANDIDATE FOR THE OFFICE OF COUNCILMAN-AT-LARGE (EAST), ST. BERNARD PARISH, AND LENA R. TORRES, IN HER OFFICIAL CAPACITY AS CLERK OF COURT, ETC.</a> (Parish of St. Bernard) For reasons to be assigned at a later date: The judgments of the lower courts are reversed. The candidacy of Lynn B. Dean for the office of councilman-at-large (East) for the Parish of St. Bernard is hereby reinstated. Reversed; Candidacy Reinstated.CALOGERO, C.J., dissents and will assign reasons. TRAYLOR, J., dissents and will assign reasons. WEIMER, J., dissents and will assign reasons. &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #061</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;3rd day of September, 2010, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2010/10CA1534.opn.pdf">2010-CA-1534	FARMER'S SEAFOOD COMPANY, INC. v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY, OFFICE OF STATE POLICE, ET AL.</a>&nbsp;(Parish of E. Baton Rouge)Chief Justice Kimball not participating in this opinion.For the reasons assigned, the district court's judgment is vacated and set aside insofar as it declares portions of La. R.S. 27:28(H)(1) and La. Admin. Code, Title 42, part XIII, section 2901 (B)(2)(a) unconstitutional. The case is hereby transferred to the Court of Appeal, First Circuit, for expedited review as a timely filed appeal on the merits of the judgment granting the preliminary injunction.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #061</div></td></tr><tr valign="top"><td 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&nbsp;1st day of October, 2007, are as follows:BY KIMBALL, J.:<a href="/opinions/2007/07C1888.opn.pdf">2007-C -1888	DAVID DECULUS, CLARA DECULUS, DELLA NEELY AND NANCY SALEMI v. DOUG WELBORN, CLERK OF COURT FOR EAST BATON ROUGE PARISH AND CANDIDATE CLEO FIELDS</a>&nbsp;(Parish of E. Baton Rouge) For all of the foregoing reasons, we find Senator Cleo Fields is precluded from seeking re-election to Senate District 14 in the October 20, 2007, election for Senate District 14. Therefore, the judgment of the court of appeal is affirmed. Pursuant to La. R.S. 18:1409(I), there shall be no opportunity for Applicant to apply for rehearing in this matter.JOHNSON, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/05CA2548.opn.pdf">2005-CA-2548	THE CITY OF NEW ORLEANS AND THE HONORABLE C. RAY NAGIN, MAYOR, IN HIS INDIVIDUAL CAPACITY v. THE LOUISIANA ASSESSORS' RETIREMENT AND RELIEF FUND AND JOHN KENNEDY, TREASURER FOR THE STATE OF LOUISIANA, IN HIS OFFICIAL CAPACITY</a>&nbsp;(Parish of E. Baton Rouge) We therefore remand this case to the district court for further proceedings consistent with the opinion of this court. REVERSED AND REMANDED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., concurs in result.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #060</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;19th day of October, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/15BA2077.opn.pdf">2015-BA-2077	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-376</a>Considering the commissioner&rsquo;s recommendation and the entire record of this proceeding, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. ADMISSION GRANTED.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #060</div></td></tr><tr valign="top"><td 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&nbsp;16th day of October, 2012, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2012/11CC1509.pdf">2011-CC-1509 DAISY LUCERO MARCILE, ET AL. v. NEAL DAUZAT, ET AL.</a>&nbsp;(Parish of Avoyelles)For the above reasons, we reverse the rulings of the lower courts striking Defendants&rsquo; demand for trial by jury.&nbsp; REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.KNOLL, J., concurs in the result with reasons.&nbsp;<a href="/opinions/2012/12K0233.pdf">2012-K -0233 STATE OF LOUISIANA v. JEROME BRYANT, JR.</a>&nbsp;(Parish of Caddo) (Aggravated Burglary) For the above reasons, we reverse the ruling of the court of appeal and reinstate defendant&rsquo;s conviction for aggravated burglary as well as the second-felony habitual offender adjudication and sentence on that count. REVERSED. JUDGMENT OF THE TRIAL COURT REINSTATED.KIMBALL, C.J., dissents for reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2012/11K2796.pdf">2011-K -2796 STATE OF LOUISIANA v. SATONIA SMALL</a>&nbsp;(Parish of Caddo) (Second Degree Murder)For the reasons stated herein, defendant&rsquo;s conviction for second degree murder is reversed and judgment is entered. The case is remanded to the trial court to resentence defendant for violating La. R.S. 14:32(A)(1). REVERSED AND REMANDED.GUIDRY, J., dissents, and assigns reasons. CLARK, J., dissents for the reasons assigned by Justice Guidry.&nbsp;<a href="/opinions/2012/12C0204.pdf">2012-C -0204 JOANN SIMS AND BRENT SIMS v. THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION, TRAVELERS CASUALTY AND SURETY COMPANY, JOE BRISTOL, HENRY BELL, MORTIMER CURRIER, GERARD DAIGRE, AND THEOPHILE ROZASA</a>&nbsp;(Parish of Iberville)For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court&rsquo;s judgment dismissing plaintiffs&rsquo; suit is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2012/12C0239.pdf">2012-C -0239 JADE BOUDREAUX v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a>&nbsp;(Parish of E. Baton Rouge)For the foregoing reasons, the judgment of the Court of Appeal is hereby affirmed. AFFIRMED.JOHNSON, J., dissents. GUIDRY, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2012/12C0588.pdf">2012-C -0588 KATIE REALTY, LTD. D/B/A THE LANDRY BUILDING v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION</a>&nbsp;(Parish of Terrebonne)Retired Judge Lemmie O. Hightower, sitting Justice as hoc for Weimer, J., recused.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, and judgment is rendered in plaintiff&rsquo;s favor, awarding plaintiff $5000 in penalties. REVERSED; JUDGMENT RENDERED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2012/12C0341.pdf">2012-C -0341 ELLIS HARGRAVE v. STATE OF LOUISIANA</a>&nbsp;(Office of Workers&rsquo; Compensation District 04)Accordingly, we reverse the lower courts&rsquo; rulings, and remand the case to the Office of Workers&rsquo; Compensation.&nbsp; REVERSED AND REMANDED.KNOLL, J., additionally concurs with reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2012/12C0078.pdf">2012-C -0078 THE CITY OF BOSSIER CITY v. PHILLIP VERNON AND THE CITY OF BOSSIER CITY FIRE AND POLICE CIVIL SERVICE BOARD C/W OFFICER PHILLIP VERNON v. CITY OF BOSSIER CITY</a>&nbsp;(Parish of Bossier)Based upon our interpretation of La. R.S. 33:2501(C)(1), we find a municipal fire and police civil service board has the statutory authority to modify the discipline imposed by an appointing authority, even if imposed in good faith for cause. Consequently, we affirm the rulings of the courts below, which upheld the Board&rsquo;s action in this case and properly interpreted the statute.&nbsp; AFFIRMED.GUIDRY, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/11OB2225.pdf">2011-OB-2225 IN RE: CARLTON J. ALLEN</a>Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.CLARK, J., dissents.&nbsp;<a href="/opinions/2012/11OB2273.pdf">2011-OB-2273 IN RE: JAMES A. GRAHAM.</a>Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.CLARK, J., dissents.&nbsp;<a href="/opinions/2012/12C0307.pdf">2012-C -0307 LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT v. JEFFERY C. PERSON, ET AL.</a>&nbsp;(Parish of Lafayette)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated.&nbsp;<a href="/opinions/2012/12B0619.pdf">2012-B -0619 IN RE: JOAN S. BENGE</a>Retired Judge Frank Foil, assigned as Justice ad hoc, sitting for Justice Greg G. Guidry, recused.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 Joan S. Benge, Louisiana Bar Roll number 20490, be and she hereby is suspended from the practice of law for three years, retroactive to February 10, 2010, the date of her interim suspension. 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.JOHNSON, J., concurs.&nbsp;<a href="/opinions/2012/12B0916.pdf">2012-B -0916 IN RE: DONALD S. ZUBER AND CATHERINE SMITH NOBILE</a>Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball, recused; retired Judge Hillary J. Crain, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.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 the formal charges against respondents, Donald S. Zuber and Catherine Smith Nobile, be and hereby are dismissed.JOHNSON, J., concurs in part, dissents in part, and assigns reasons.&nbsp;<a href="/opinions/2012/12B0940.pdf">2012-B -0940 IN RE: WALTER BRENT PEARSON</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 Walter Brent Pearson, Louisiana Bar Roll number 17088, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked. 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.&nbsp;<a href="/opinions/2012/12B1006.pdf">2012-B -1006 IN RE: PAUL S. MINOR</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 the name of Paul S. Minor, Louisiana Bar Roll number 9629, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.&nbsp;<a href="/opinions/2012/12O1342.opn.pdf">2012-O -1342 IN RE: OFFICE OF CHIEF JUSTICE, LOUISIANA SUPREME COURT</a>Chief Judge Burrell J. Carter, Court of Appeal, First Circuit; Chief Judge Henry N. Brown, Jr., Court of Appeal, Second Circuit; and Chief Judge Ulysses Gene Thibodeaux, Court of Appeal, Third Circuit, participating as justices ad hoc. Johnson, Knoll, and Victory, JJ., recused.For the reasons assigned, as between Justice Johnson and Justice Victory, Justice Johnson is presently most senior for purposes of succeeding to the office of chief justice under Article V, Section 6 of the Louisiana Constitution of 1974.&nbsp; Any request for rehearing must be received by this court within five days from the issuance of this opinion.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #060</div></td></tr><tr valign="top"><td 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&nbsp;17th day of October, 2006, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2006/05K1571.pdf">2005-K -1571 STATE OF LOUISIANA v. MICHAEL BATISTE</a>&nbsp;(Parish of Orleans) (Video Voyeurism)The judgments of the lower courts are reversed, and the matter is remanded to the district court for proceedings consistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05C1594.pdf">2005-C -1594 YATA JACKSON, INDIVIDUALLY, TROY JACKSON, INDIVIDUALLY, AND YATA JACKSON AND TROY JACKSON ON BEHALF OF THEIR MINOR SON, TROY WILLIAMS, II v. TULANE MEDICAL CENTER HOSPITAL AND CLINIC AND ITS EMPLOYEES, AND DABNEY J. HAMNER, JR., M.D. AND ABC INSURANCE COMPANY&nbsp;</a>(Parish of Orleans)Consequently, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED.CALOGERO, C.J., dissents for reasons assigned by Weimer, J. JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05CC2289cw05CC2322.pdf">2005-CC-2289 JASON MALLETT v. PAOLA MCNEAL AND UNITED SERVICES AUTOMOBILE ASSOCIATION</a>&nbsp;(Parish of E. Baton Rouge) C/W <a href="/opinions/2006/05CC2289cw05CC2322.pdf">2005-CC-2322 CHARLES RICHEY AND BARBARA RICHEY v. INFINITY INSURANCE COMPANY, KAMERON E. DIXON AND KEITH DIXON</a>&nbsp;(Parish of Vernon)Therefore, we affirm the district court's denial of the exception of prescription in 05-CC-2289, and we vacate the ruling in 05-CC-2322 and remand the case to the district court for further proceedings consistent with this opinion.05-CC-2289 AFFIRMED. 05-CC-2322 VACATED AND REMANDED. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2006/06C0034.pdf">2006-C -0034 MARK SAMUELS, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN, GEOFFREY SAMUELS, ERIC SAMUELS AND NAOMI SAMUELS AND MADILYN SAMUELS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, EVANSTON INSURANCE COMPANY AND ALVIN SAMUELS</a>(Parish of Orleans)For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED.&nbsp;<a href="/opinions/2006/06CC0401.pdf">2006-CC-0401 LONDON TOWNE CONDOMINIUM HOMEOWNER'S ASSOCIATION v. LONDON TOWNE COMPANY, ET AL.&nbsp;</a>(Parish of Orleans)For the reasons stated above, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. REVERSED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2006/06O1242.pdf">2006-O -1242 IN RE: JUDGE WAYNE G. CRESAP</a>For the reasons assigned, it is ordered that Judge Wayne G. Cresap be suspended for 30 days without pay for violating Cannons 1, 2A, 2B, 3A(1), 3A(2), 3A(3), 3A(4), and 3A(6) of the Code of Judicial Conduct. It is further ordered that Judge Wayne G. Cresap reimburse the Judiciary Commission of Louisiana $570.60.WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/opinions/2006/05C2274.pdf">2005-C- 2274 DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT v. ALL TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT, AND NONRESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHER PERSONS INTERESTED IN OR AFFECTED IN ANY WAY BY THE ISSUANCE OF NOT TO EXCEED $50,000,000 DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT SALES TAX INCREMENT BONDS (BASS PRO SHOPS PROJECT) IN ONE OR MORE SERIES, THE MEANS PROVIDED FOR THE PAYMENT AND SECURITY THEREOF AND RELATED MATTERS&nbsp;</a>(Parish of Livingston)For the foregoing reasons, we affirm the judgment of the court of appeal. AFFIRMED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/05C2364.pdf">2005-C -2364 DR. WILLIE JOHN JOSEPH, III, DR. MICHELLE T. BRUMFIELD, AND ST. MARY ANESTHESIA ASSOCIATES, INC. v. HOSPITAL SERVICE DISTRICT NO. 2 OF THE PARISH OF ST. MARY, STATE OF LOUISIANA, OUR LADY OF THE LAKE HOSPITAL, INC., MELVIN BOURGEOIS, M.D., JAMES BROUSSARD, JOHN GUARISCO, SHARON HOWELL, Y. GEORGE RAMIREZ, CLIFFORD M. BROUSSARD, NATIONAL UNION FIRE INSURANCE COMPANY OF LOUISIANA AND LOUISIANA HOSPITAL ASSOCIATION MALPRACTICE AND GENERAL LIABILITY TRUST</a>&nbsp;(Parish of St. Mary)For the forgoing reasons, the decision of the court of appeal is reversed and the judgment rendered by the district court granting defendants exceptions of no right of action is reinstated. REVERSED. JUDGMENT GRANTING EXCEPTION REINSTATED.Retired Judge Moon Landrieu, sitting ad hoc for Justice Chet D. Traylor, recused.JOHNSON, J., concurs in result.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2006/05OB1834.pdf">2005-OB-1834 IN RE: CLAIRE RUSSELL DESLATTE</a>After reviewing the evidence and considering the law, we conclude petitioner, Claire Russell Deslatte, is eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of two years. Should petitioner commit any misconduct during the period of probation, her conditional right to practice may be terminated or she may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05C2337.pdf">2005-C -2337 ROYCE MONK, ET AL. v. STATE OF LOUISIANA, DOTD C/W DANA VEZINAT, ET AL. v. STATE OF LOUISIANA, DOTD C/W MARLIN LASHLEY, ET AL. v. STATE OF LOUISIANA, DOTD C/W GREG HARMON, ET AL. v. STATE OF LOUISIANA, DOTD</a>&nbsp;(Parish of Vernon)Accordingly, we recall our order of March 24, 2006, as improvidently granted, and we deny the State&rsquo;s application.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05C2477.pdf">2005-C -2477 DELBERT W. BUSH, ET AL. v. NATIONAL HEALTH CARE OF LEESVILLE, ET AL</a>. (Parish of Vernon)For the reasons assigned, the judgment of the court of appeal is reversed. The exception of prescription filed by Dr. Lujan-Baez is sustained, and plaintiffs' suit against Dr. Lujan-Baez is hereby dismissed with prejudice. All costs in this court are assessed against plaintiffs.JOHNSON, J., concurs.&nbsp;<a href="/opinions/2006/05C2496.pdf">2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Lafayette)For the reasons assigned, the judgment of the court of appeal is amended to provide that defendant, Sheriff Michael W. Neustrom, is entitled to a credit for past medical expenses in the amount of $48,763.32. In all other respects the judgment of the court of appeal is affirmed. All costs in this court are assessed against plaintiffs, Charles Albert and Denise Albert.&nbsp;<a href="/opinions/2006/06C0097.pdf">2006-C -0097 SYLVANUS GORDON REESE &amp; LOLA REESE v. LIBERTY MUTUAL INSURANCE COMPANY</a>&nbsp;(Parish of St. Tammany)Accordingly, we recall our order of May 5, 2006 as improvidently granted, and we deny plaintiffs' writ application.&nbsp;<a href="/opinions/2006/06B0671.pdf">2006-B -0671 IN RE: JAMES A. NORRIS, JR.</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 the name of James A. Norris, Jr., Louisiana Bar Roll number 2206, be stricken from roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.&nbsp;<a href="/opinions/2006/06B0727.pdf">2006-B -0727 IN RE: MACK I. FRANK</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 the name of Mack I. Frank, Louisiana Bar Roll No. 9954, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent is ordered to pay $2,500 in restitution to Mary Harrison. 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's judgment until paid.&nbsp;<a href="/opinions/2006/06B0895.pdf">2006-B -0895 IN RE: WILLARD JAMES BROWN, SR.</a>For the reasons assigned, the deemed admitted order is vacated and the formal charges are remanded to the hearing committee for further proceedings.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #060</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp; 3rd day of July, 2001, is as follows:&nbsp; &nbsp;BY LOBRANO, J.:<a href="/opinions/2001/01C0032.OPN.PDF">2001-C- 0032 CLOPHA COMEAUX v. CITY OF CROWLEY</a> (Office Of Workers' Compensation District #4) For the foregoing reasons, the judgment of the court of appeal is affirmed. Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.<a href="/opinions/2001/01c0032.jpv.PDF">VICTORY, J., dissents and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #060</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;11th day of September, 2000, are as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00o2593.pc.pdf">2000-O- 2593 IN RE: FORMER JUDGE LARRY D. JEFFERSON </a>Considering that in&nbsp;<a href="/opinions/2000/99o1313.opn.pdf">In re&nbsp;</a><a href="/opinions/2000/99o1313.opn.pdf">: Jefferson , 99-1313&nbsp;</a>(La. 1/19/00), 753 So.2d 181, reh'g denied , 99-1313 (La. 2/18/00), he was removed from office during the current term for which the present election was called, and considering&nbsp;<a href="/rules/html/d23.htm">Supreme Court Rule XXIII, &sect;26&nbsp;</a>, as adopted February 3, 1997 and pre-cleared by the Justice Department on August 14, 2000, and this Court's authority to make rules to enforce its disciplinary authority over judges pursuant to La. Const. Art. V, &sect;25(C), and after hearing argument from Mr. Jefferson's counsel, it is the judgment of this court that Mr. Jefferson be and hereby is ordered to withdraw as a candidate for Judge, Division "A" Monroe City Court by 2:00 p.m. on Tuesday, September 12, 2000. In the event Mr. Jefferson fails to withdraw by this time, the Secretary of State is ordered to remove his name from the ballot. Any rehearing of this order shall be filed no later than 12:00 p.m. on Tuesday, September 12, 2000.<a href="/opinions/2000/00o2593.htl.pdf">LEMMON, J., concurs and assigns reasons. </a>JOHNSON, J., concurs and will assign reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 6th day of December, 2017, are as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2017/17CA0596.OPN.pdf">2017-CA-0596</a> <a href="/opinions/2017/17CA0596.OPN.pdf">LEE RAND, ET AL. v. CITY OF NEW ORLEANS</a> (Parish of Orleans) This litigation was brought as a challenge to the City&rsquo;s administrative review procedures, including the right to appeal an adverse administrative decision, arising from citations based on traffic camera images. The plaintiffs in this case have never challenged the initial justification for the City to impose liability based on the use of traffic cameras. Simply put, the plaintiffs did not seek to thwart the City&rsquo;s issuance of citations based on traffic cameras, but rather sought to avoid liability for the citations based on plaintiffs&rsquo; theory that the administrative review process denied the plaintiffs due process and access to the courts. However, under de novo review of the record, we observed that the administrative review procedures of which plaintiffs complained were amended by the City. Moreover, the relevant citations were dismissed. Essentially having achieved what they set out to accomplish in their lawsuit, Plaintiffs had no justiciable interest in this matter, rendering their claims moot. Moreover, no exception to mootness applies. Consequently, we reverse the declaration of unconstitutionality issued by the district court and dismiss this matter with prejudice.&nbsp; REVERSED; DISMISSED WITH PREJUDICE AS MOOT.JOHNSON, C.J., additionally concurs and assigns reasons. HUGHES, J., dissents with reasons. &nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2017/17CJ1054.OPN.pdf">2017-CJ-1054</a> <a href="/opinions/2017/17CJ1054.OPN.pdf">STATE OF LOUISIANA IN THE INTEREST OF C.F.</a> (Parish of St. John) For the reasons set forth above, we find DCFS met its burden of proving abandonment pursuant to La. Ch. C. art. 1015(4) by clear and convincing evidence. We also find DCFS proved by clear and convincing evidence that the father failed to comply with the case plan pursuant to La Ch. C. art. 1015(5), and that there was no reasonable expectation of significant improvement in the father&rsquo;s condition or conduct in the near future, considering C.F.&rsquo;s age and her need for a safe, stable and permanent home. The district court manifestly erred in finding otherwise. We further find the record clearly showed that it was in C.F.&rsquo;s best interest to terminate the father&rsquo;s parental rights, and to allow the child to be free for adoption. The district court was clearly wrong in concluding it was not in C.F.&rsquo;s best interest. Accordingly, we reverse the district court&rsquo;s judgment and grant DCFS&rsquo;s petition to terminate the father&rsquo;s parental rights. REVERSED.JOHNSON, C.J., additionally concurs and assigns reasons. HUGHES, J., dissents with reasons. &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2017/16K1034.OPN.pdf">2016-K -1034</a> <a href="/opinions/2017/16K1034.OPN.pdf">STATE OF LOUISIANA v. WILLIAM SERIGNE &amp; LIONEL SERIGNE</a> (Parish of St. Bernard) For the foregoing reasons, we reverse the court of appeal&rsquo;s determination in errors patent review that Lionel Serigne&rsquo;s conviction and sentence must be set aside because he was unable to validly waive a jury trial. We reinstate Lionel&rsquo;s conviction and sentence. In addition, we reverse the court of appeal&rsquo;s determination that William Serigne is entitled to a new trial based on a Brady violation, which issue was never passed on by the trial court, and we reinstate his convictions and sentences. However, we also remand to the district court for further proceedings to determine if Lionel and William are entitled to new trials based on undisclosed Brady material in the grand jury testimony. Thereafter, Lionel and William may appeal any unfavorable determination by the district court on remand as well as seek appellate review of any previously pretermitted assignments of error. In addition, we preserve William&rsquo;s claim of prejudicial misjoinder for appellate review after further proceedings in the district court.&nbsp; REVERSED AND REMANDED.&nbsp;<a href="/opinions/2017/17B0430.OPN.pdf">2017-B -0430</a> <a href="/opinions/2017/17B0430.OPN.pdf">IN RE: ELISE MARYBETH LAMARTINA</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that Elise Marybeth LaMartina, Louisiana Bar Roll number 30583, be and she hereby is suspended from the practice of law for three 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. CLARK, J., dissents.&nbsp; CRICHTON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/17KK0705.OPN.pdf">2017-KK-0705</a> <a href="/opinions/2017/17KK0705.OPN.pdf">STATE OF LOUISIANA v. REGGIE PATRICK THIBODEAUX</a> (Parish of Terrebonne) We find the procedure crafted by the court of appeal in Alexander best safeguards a defendant&rsquo;s rights to due process, access to the courts, and to the assistance of counsel, while also affording the trial court the opportunity to prevent confusion or disruption of the trial process that is risked by the filing of pro-se motions by a represented defendant. That is not to say, however, that a hearing like that envisioned in Alexander will be necessary every time a represented defendant files a pro-se motion and defendant must in each instance necessarily be asked to choose between continued representation of counsel or having his pro-se motion considered. In many instances, counsel may simply wish to adopt the pro-se filing or the trial court can review the motion and assess its potential for confusion, disruption, or reversible error. Regardless, however, the trial court&rsquo;s use of a stamp to reflexively deny all pro-se filings by a represented defendant is inadequate to safeguard the defendant&rsquo;s rights while ensuring the efficient and orderly administration of criminal justice. Therefore, we reverse the court of appeal&rsquo;s ruling and remand to the trial court for further proceedings consistent with the views expressed herein. The trial court is directed to determine whether defense counsel wishes to adopt defendant&rsquo;s pro-se motion to suppress and, if counsel does not, evaluate its disruptive potential in light of Melon before determining whether to conduct a hearing consistent with Alexander.&nbsp; REVERSED AND REMANDED. Retired Judge Burrell Carter assigned as Justice ad hoc, sitting for Weimer, J., recused. WEIMER, J., recused. HUGHES, J., concurs with reasons.&nbsp;<a href="/opinions/2017/17B1116.OPN.pdf">2017-B -1116</a> <a href="/opinions/2017/17B1116.OPN.pdf">IN RE: ANDRES HUMBERTO AGUILAR</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 Andres Humberto Aguilar, Louisiana Bar Roll number 34176, be and he hereby is suspended from the practice of law for a period of one year and one day, with all but nine months deferred. This suspension shall be retroactive to August 2, 2017, the date of respondent&rsquo;s interim suspension. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years, subject to 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.&nbsp;<a href="/opinions/2017/17B1290.OPN.pdf">2017-B -1290</a> <a href="/opinions/2017/17B1290.OPN.pdf">IN RE: PEGGY M. HAIRSTON ROBINSON</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 Peggy M. Hairston Robinson, Louisiana Bar Roll number 1132, be and she hereby is permanently disbarred. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent make full restitution to each of her clients subject of the formal charges, or to the Louisiana State Bar Association&rsquo;s Client Assistance Fund, as applicable. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td 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&nbsp;23rd day of November, 2015, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2015/15CJ0585.opn.pdf">2015-CJ-0585	JUSTIN HODGES v. AMY HODGES</a>&nbsp;(Parish of Livingston)Accordingly, we remand this matter to the trial court for a prompt hearing and determination on how joint custody should be implemented, consistent with our opinion herein, which excludes the possibility of designating both parents as &ldquo;co-domiciliary parents.&rdquo;AFFIRMED IN PART; REVERSED IN PART; REMANDED.KNOLL, J., additionally concurs with reasons. HUGHES, J., dissents with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td 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&nbsp;15th day of October, 2013, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2013/13C0583.opn.pdf">2013-C -0583	WASHINGTON PARISH SHERIFF'S OFFICE AND ROBERT J. "BOBBY" CROWE, IN HIS OFFICIAL CAPACITY AS THE DULY ELECTED SHERIFF AND EX-OFFICIO SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH v. LOUISIANA MACHINERY COMPANY, LLC C/W WASHINGTON PARISH SHERIFF'S OFFICE AND ROBERT J. "BOBBY" CROWE, IN HIS OFFICIAL CAPACITY AS THE DULY ELECTED SHERIFF AND EX-OFFICIO SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH v. LOUISIANA MACHINERY RENTALS, LLC</a>(Parish of Washington)REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13CA1106cw13CA1448.opn.pdf">2013-CA-1106 C/W 2013-CA-1448 CARL KRIELOW, GLENDON MARCEAUX, PHILLIP J. WATKINS AND SIMILARLY SITUATED PLAINTIFFS v. LOUISIANA DEPARTMENT OF AGRICULTURE AND FORESTRY</a>&nbsp;(Parish of E. Baton Rouge) In sum, we hold La. R.S. 3:3534 and La. R.S. 3:3544 are facially unconstitutional. The Rice Statutes delegate the power to impose the assessment, determine the amount of the assessment, and repeal the refund provisions, entirely to the rice producers. And, to the extent the power to set the amount of the assessment is delegated to the Rice Boards, the Rice Statutes do not contain sufficient standards and safeguards to satisfy the test set forth in Schwegmann and All Pro Paint. The Legislature improperly transferred its assessment power to a particular group of private voters who can impose, maintain or revoke the assessment and right to refunds through private elections. As we stated in City of Alexandria, such action is &ldquo;legislative delegation in its most obnoxious form.&rdquo; Thus, we affirm and amend the district court&rsquo;s judgment to declare La. R.S. 3:3534 and La. R.S. 3:3544 unconstitutional in their entirety.&nbsp; AFFIRMED AS AMENDED.&nbsp;<a href="/opinions/2013/12C2504.opn.pdf">2012-C -2504 CATAHOULA PARISH SCHOOL BOARD CATAHOULA PARISH POLICE JURY v. LOUISIANA MACHINERY RENTALS, LLC C/W CATAHOULA PARISH SCHOOL BOARD CATAHOULA PARISH POLICE JURY v. LOUISIANA MACHINERY COMPANY, LLC</a>&nbsp;(Parish of Catahoula)For the reasons set forth herein, we affirm. The court of appeal properly reversed the district court&rsquo;s grants of partial summary judgment and remanded these matters to the district court for further proceedings. AFFIRMED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/13C0557.opn.pdf">2013-C -0557	JAMES S. STUTTS AND LISA K. STUTTS v. CHAD Z. MELTON AND LAUREN MEADORS MELTON</a>&nbsp;(Parish of Livingston)For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. The case is remanded to the trial court for further proceedings regarding any additional attorney fees incurred since the time of that judgment. REVERSED; TRIAL COURT JUDGMENT REINSTATED; REMANDEDWEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/13C0823.opn.pdf">2013-C -0823	TIMOTHY JOHN RHYMES v. DINA CONSTANTIN RHYMES</a>&nbsp;(Parish of Lafayette)For these reasons, the judgments of the lower courts as to this issue only are vacated and this matter is hereby remanded to the District Court for further proceedings consistent with this opinion. VACATED and REMANDED TO THE DISTRICT COURT.KNOLL, J., additionally concurs. WEIMER, J., concurs and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2013/13C0749.opn.pdf">2013-C -0749	REBEL DISTRIBUTORS CORP., INC. D/B/A PHYSICIAN PARTNER AND PHARMACY PARTNER (MARY DOUCET) v. LUBA WORKERS' COMP., ET AL.</a>&nbsp;(Parish of Lafayette)Having found that the court of appeal legally erred in the findings that formed the basis of its sua sponte sustaining of an exception of no right of action, we reverse the decision of the court of appeal and remand these consolidated cased to the court of appeal for consideration of those remaining issues in accordance with the views expressed in this opinion. REVERSED AND REMANDEDJOHNSON, C.J., dissents. VICTORY, J., dissents and assigns reasons GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13K1271.opn.pdf">2013-K -1271 STATE OF LOUISIANA v. ALEXIS SARRABEA</a>&nbsp;(Parish of Lafayette)For the foregoing reasons, the decision of the court of appeal is affirmed.&nbsp; AFFIRMED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/13KK0276.opn.pdf">2013-KK-0276 STATE OF LOUISIANA v. BONIFACIO RAMIREZ</a>&nbsp;(Parish of Lafayette) The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendant&rsquo;s motion to quash. REVERSED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/13KK0315.opn.pdf">2013-KK-0315 STATE OF LOUISIANA v. ROSA LUGO MARQUEZ</a>&nbsp;(Parish of Lafayette) The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendant&rsquo;s motion to quash. REVERSED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2013/13C0353.opn.pdf">2013-C -0353	GEORGE T. LUTHER AND JAMIE C. LUTHER v. IOM COMPANY LLC (F/K/A INTRA-OP MONITORING SERVICES LLC), DAN JOACHIM M.D., JOHN PARTRIDGE AND ADMIRAL INSURANCE COMPANY</a>&nbsp;(Parish of Ouachita)For the reasons assigned, we reverse and vacate the decision of the court of appeal and reinstate the district court judgment in favor of the Louisiana Patient&rsquo;s Compensation Fund and against the defendants herein. We remand to the district court for further proceedings. APPELLATE COURT JUDGMENT REVERSED AND VACATED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12OB2449.pc.pdf">2012-OB-2449	IN RE: BRANDI MICHELLE SANDERS</a>Accordingly, it is ordered that the application for admission be and hereby is denied. In accordance with Supreme Court Rule XVII, &sect; 9(D)(13), petitioner may not reapply for admission until two years have passed from the date of this judgment. ADMISSION DENIED.&nbsp;<a href="/opinions/2013/13B0491.pc.pdf">2013-B -0491	IN RE: TRENT ANTHONY GARRETT, SR.</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 Trent Anthony Garrett, Sr., Louisiana Bar Roll number 30247, be and he hereby is suspended from the practice of law for one year. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year. As a condition of probation, respondent is ordered to attend and successfully complete the Louisiana State Bar Association&rsquo;s Ethics School. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13KP0873.pc.pdf">2013-KP-0873	STATE OF LOUISIANA v. ALBERT NORMAN PIERRE</a>&nbsp;(Parish of Terrebonne)Respondent&rsquo;s conviction and sentence are therefore reinstated and this case is remanded to the district court for consideration of respondent&rsquo;s remaining claims for post-conviction relief. CONVICTION AND SENTENCE REINSTATED; CASE REMANDED. <a href="/opinions/2013/13C0890.pc.pdf">2013-C -0890	STATE OF LOUISIANA OFFICE OF RISK MANAGEMENT, LOUISIANA DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT v. PATRICK RICHARD</a>&nbsp;(Office of Workers&rsquo; Compensation, District 04)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it holds the State of Louisiana, Department of Transportation and Development is not entitled to offset pursuant to La. R.S. 23:1225(C)(1). The judgment of the Office of Workers&rsquo; Compensation is hereby reinstated and affirmed.&nbsp;<a href="/opinions/2013/13B1176.pc.pdf">2013-B -1176	IN RE: FREDERICK A. STOLZLE, JR.</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 Frederick A. Stolzle, Jr., Louisiana Bar Roll number 12497, be and he hereby is disbarred, retroactive to April 29, 2009, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.JOHNSON, C.J., dissents and would suspend three years. WEIMER, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;30th day of September, 2009, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/08OB0925.pdf">2008-OB-0925 IN RE: SERENA E. POLLACK</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Conditional Admission Granted.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;23th day of September, 2008, is as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/07CC2256.opn.pdf">2007-CC-2256 MEYER &amp; ASSOCIATES, INC. v. COUSHATTA TRIBE OF LOUISIANA</a>&nbsp;(Parish of Calcasieu) For the foregoing reasons, we reverse the ruling of the court of appeal, reinstate the judgment of the trial court, and remand the matter to the district court for further proceedings not inconsistent with this opinion.&nbsp; REVERSED AND REMANDED.CALOGERO, C.J., additionally concurs and assigns additional reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents for reasons assigned by Kimball, J. VICTORY, J., concurs in result. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;9th day of September, 2003&nbsp;, are as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/02k1895.opn.pdf">2002-K -1895 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DEREK TEMPLE&nbsp;</a>(Parish of Orleans) (Possession With Intent to Distribute Cocaine; Fourth Felony Offender) For the reasons outlined above, we find that the contraband was seized without probable cause and should have been suppressed by the trial court. Accordingly, we affirm the decision of the court of appeal.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J. WEIMER, J., dissents for the reasons assigned by Victory, J.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2003/02c1812.opn.pdf">2002-C -1812 &nbsp;&nbsp;C/W &nbsp;&nbsp;2002-C -1815 &nbsp;&nbsp; CIVIL SERVICE COMMISSION OF THE CITY OF NEW ORLEANS v. THE CITY OF NEW ORLEANS</a> (Parish of Orleans) The judgments of the lower courts with regard to the preliminary injunction are affirmed. However, the case is remanded to the trial court to establish a deadline for the city to submit the Agreement and its evidence to the Commission for review. AFFIRMED IN PART AND REMANDED.JOHNSON, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;19th day of August, 2002, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2002/02o1975.opn.pdf">2002-O- 1975 IN RE: JUDGE SHARON K. HUNTER&nbsp;CRIMINAL DISTRICT COURT</a>
	 Upon review of the record, we conclude that the most severe discipline is warranted in this case. Judge Hunter's utter failure to discharge her administrative duties in a diligent and professional competent manner and her ongoing refusal to cooperate with the appellate court in securing record transcripts for appellate review has resulted in grave consequences. Judge Hunter's conduct, moreover, constitutes a willful and persistent failure to perform her duty and persistent, public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Accordingly, it is ordered, adjudged, and decreed that the respondent, Judge Sharon Hunter of Section C of the Criminal District Court for the Parish of Orleans, State of Louisiana, be, and is hereby, removed from office, and that her office be, and is hereby, declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, Section 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, exercising the discretion allowed this court by La. Sup. Ct. Rule XXIII, Section 22, we cast the respondent with $5,000.00 of the costs incurred in the investigation and prosecution of her case. Any rehearing in this matter shall be filed no later than 4:00 p.m. on Tuesday, August 20, 2002.
	 REMOVAL FROM JUDICIAL OFFICE ORDERED. <a href="/opinions/2002/02o1975.bjj.pdf">JOHNSON, J., concurs</a>&nbsp;and assigns reasons. <a href="/opinions/2002/02o1975.jtk.pdf">KNOLL, J., concurs</a>&nbsp;and assigns reasons. <a href="/opinions/2002/02o1975.apx.pdf">Appendix</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #059</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp; 29th day of June, 2001, are as follows:&nbsp; &nbsp;PER CURIAM:<a href="/opinions/2001/99KO1895.PC.PDF">1999-KO- 1895 STATE OF LOUISIANA v. MATTHEW WAYNE MORGAN</a> (Parish of Rapides) Aggravated Rape) Accordingly, relator's conviction and sentence are reversed, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. CONVICTION AND SENTENCE REVERSED; CASE REMANDED TO THE DISTRICT COURT.Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to his retirement.<a href="/opinions/2001/99KO1895.cdt.PDF">TRAYLOR, J., dissents and assigns reasons. </a>KNOLL, J., dissents for reasons assigned by Justice Traylor.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #058</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 19th day of December, 2024 are as follows:&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2024/23-0788.C.OPN.re.pdf">2023-C-00788&nbsp;BARBER BROTHERS CONTRACTING COMPANY, LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC; FRANK CUSHENBERRY; AND XYZ INSURANCE COMPANY C/W FRANK CUSHENBERRY AND ROBIN CUSHENBERRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY AND KHLOE CUSHENBERRY VS. JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY, LLC</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED AS AMENDED AND RENDERED. SEE OPINION.Weimer, C.J., dissents in part and assigns reasons. Knoll, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents. Griffin, J., additionally concurs for the reasons assigned by Knoll, Justice Pro Tempore. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #058</div></td></tr><tr valign="top"><td 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&nbsp;20th day of November, 2015, are as follows:&nbsp;PER CURIAM: <a href="/opinions/2015/15C0823.opn.pdf">2015-C -0823	MEIKO PREVO v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS DIVISION OF PROBATION AND PAROLE, WEBSTER PARISH SHERIFF'S OFFICE, MINDEN PROBATION AND PAROLE</a>&nbsp;(Parish of Webster)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court granting the exception of prescription filed by the State of Louisiana, Through the Department of Public Safety and Corrections Division of Probation and Parole is hereby reinstated.JOHNSON, C.J., dissents for the reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons of Knoll, J. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #058</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;6th day of July, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/04c0066.opn.pdf">2004-C -0066 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; OCEAN ENERGY, INC. v. PLAQUEMINES PARISH GOVERNMENT&nbsp;</a>(Parish of Plaquemines) For the reasons expressed above, we conclude that La. Const. art. VII, &sect;4(C) prohibits the taxation by political subdivisions of off-road diesel that is burned to produce motion in a machine or engine, or is a combustible used in the generation of motive power. Consequently, the judgment of the court of appeal is reversed and the case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03c1051.opn.pdf">2003-C -1051 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; JODY C. DEAN v. SOUTHMARK CONSTRUCTION&nbsp;AND LOUISIANA WORKERS' COMPENSATION CORPORATION</a> (Office of Workers' Compensation, District No. 5) For the above and foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the Office of Workers' Compensation is reinstated. REVERSED AND REMANDED.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03cc3259.opn.pdf">2003-CC-3259 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ROSE DETILLIER, INDIVIDUALLY AND ON BEHALF OF HER&nbsp; MINOR CHILDREN, SALLY E. DETILLIER AND TYLER M. DETILLIER, CORY M. DETILLIER, HEIDI T. DETILLIER, JOBY J. DETILLIER AND DAIN P. DETILLIER v. KENNER REGIONAL MEDICAL CENTER&nbsp;</a>(Parish of Jefferson) Considering the foregoing holdings, we reverse the court of appeal ruling which granted the defendants' exception of no cause of action and reinstate the judgment of the trial court which allows the plaintiffs to file a medical malpractice lawsuit against the individual state health care providers covered under the Public Act. We further hold that, in the event that the state health care providers are found by the court to have committed medical malpractice, any judgment in favor of the successful claimants will be entered against the State of Louisiana alone. REVERSED; TRIAL COURT JUDGMENT REINSTATED; REMANDED TO TRIAL COURT FOR FURTHER PROCEEDINGS.Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting in place of Associate Justice Jeanette T. Knoll, recused.VICTORY, J., dissents in part and assigns reasons. HIGHTOWER, J., ad hoc, dissents in part for the reasons expressed by Justice Victory.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2004/03k2788.opn.pdf">2003-K -2788 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. QUINCY BROWN&nbsp;</a>(Parish of Orleans) (Armed Robbery) The judgment of the appellate court is affirmed for the reasons expressed herein. We reverse the sentence as unconstitutional, as it violates the defendant's due process rights. The case is remanded to the trial court for re-sentencing consistent with the views expressed in this opinion. AFFIRMED.VICTORY, J., dissents for reasons assigned by Justice Traylor. TRAYLOR, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03k3035.opn.pdf">2003-K -3035 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. WILLIE CAMPBELL, JR.&nbsp;</a>(Parish of Ouachita) (DWI-Third Offense) For the foregoing reasons, the rulings of the lower courts are affirmed. This case is remanded to the district court for a determination of whether the vehicle should be seized and sold, and to amend the judgment so as&nbsp; to order evaluation and treatment of the substance abuse disorder. AFFIRMED.JOHNSON, J., dissents. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03c3413.opn.pdf">2003-C -3413 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MERRILEE G. ALBRIGHT, JULIE M. LAFARGUE, DOLORES GEORGE LAVIGNE, ANN MATHISON MCLAURIN AND JODY L. ROBERTS v. SOUTHERN TRACE COUNTRY CLUB&nbsp;OF SHREVEPORT, INC. AND CLUB CORPORATION OF AMERICA</a> (Parish of Caddo) We hold today that based on the facts of this case defendants have violated plaintiffs' constitutional right to be free from arbitrary, capricious, or unreasonable discrimination based on gender by enacting and enforcing a men-only policy in a public dining facility. The court of appeal was correct in reversing the district court's ruling that "excused" the discrimination on the basis of reasonableness. AFFIRMED.Retired Judge Moon Landrieu, sitting ad hoc for Kimball, J., recused; Retired Judge Phillip C. Ciaccio, sitting ad hoc for Victory, J., recused; Retired Judge Robert L. Lobrano, sitting ad hoc for Traylor J., recused.KNOLL, J., concurs in the result only and assigns reasons. LOBRANO, J., ad hoc, concurs in the result. CIACCIO, J., ad hoc, concurs in the result for the reasons assigned&nbsp; by Justice Knoll.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #058</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;6th day of September, 2000, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99ka0192.opn.pdf">1999-KA-0192 STATE OF LOUISIANA v. ROBERT C. MILLER&nbsp;</a>(Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99ka0192.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #057</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 13th day of December, 2024 are as follows:&nbsp;<h1>BY Knoll, J.:</h1><a href="/opinions/2024/23-1715.K.OPN.pdf">2023-K-01715&nbsp;STATE OF LOUISIANA VS. JAYLON K. BROWN</a>&nbsp;(Parish of Iberville) AFFIRMED. SEE OPINION.Hughes, J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2024/24-0091.CC.OPN.pdf">2024-CC-00091&nbsp;SUCCESSION OF JOHN WALLACE FRABBIELE</a>&nbsp;(Parish of St. John the Baptist) REVERSED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons and concurs in the reasons assigned by Justice Griffin. Hughes, J., dissents for the reasons assigned by Justice Crain and additionally assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Justice Crain. Griffin, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2024/21-0812.KP.OPN.re.pdf">2021-KP-00812&nbsp;STATE EX REL. DARRELL J. ROBINSON VS. DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY, ANGOLA, LOUISIANA</a>&nbsp;(Parish of Rapides) VACATED; TRIAL COURT JUDGMENT AFFIRMED; CONVICTION AND DEATH SENTENCE REINSTATED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Chief Justice Weimer. Crichton, J., additionally concurs and assigns reasons. Griffin, J., dissents for the reasons assigned by Chief Justice Weimer. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/23-1455.BA.OPN.pdf">2023-BA-01455&nbsp;IN RE: COMMITTEE ON BAR ADMISSIONS CFN-65372</a> CONDITIONAL ADMISSION GRANTED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Griffin, J., concurs in part, dissents in part and assigns reasons. &nbsp;<a href="/opinions/2024/24-0479.B.OPN.pdf">2024-B-00479&nbsp;IN RE: TRINA TRINHTHI CHU</a> DISBARMENT IMPOSED. SEE PER CURIAM.Retired Judge Paul A. Bonin, assigned as Justice ad hoc, sitting for McCallum, J., recused.Weimer, C.J., concurs in part, dissents in part and assigns reasons. Hughes, J., concurs in part, dissents in part for the reasons assigned by Chief Justice Weimer. Griffin, J., concurs in part, dissents in part for the reasons assigned by Chief Justice Weimer. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #057</div></td></tr><tr valign="top"><td 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&nbsp;19th day of October, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/16CC0708.OPN.pdf">2016-CC-0708	ROGER ALICEA, ET AL. v. ACTIVELAF, LLC, ET AL.</a>&nbsp;(Parish of Lafayette)Accordingly, we find the lower courts correctly overruled Sky Zone&rsquo;s exception of prematurity. Therefore, the rulings of the lower courts are affirmed.&nbsp; AFFIRMED AND REMANDED TO THE DISTRICT COURT.WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs with reasons. HUGHES, J., concurs with reasons. CRICHTON, J., additionally concurs with reasons.&nbsp;<a href="/opinions/2016/16CC0818.OPN.pdf">2016-CC-0818	JAMES DUHON v. ACTIVELAF, LLC, D/B/A SKYZONE LAFAYETTE AND UNDERWRITERS AT LLOYDS, LONDON</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we find the court of appeal erred in reversing the district court&rsquo;s ruling on Sky Zone&rsquo;s exception of prematurity. Therefore, the ruling of the court of appeal is reversed, and the ruling of the district court is reinstated.&nbsp; REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs with reasons. HUGHES, J., concurs with reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2016/16C0846.OPN.pdf">2016-C -0846	BRANDI BILLEAUDEAU, VERONICA BILLEAUDEAU, AND JOSEPH BILLEAUDEAU v. OPELOUSAS GENERAL HOSPITAL AUTHORITY, DR. KONDILO SKIRLIS-ZAVALA, AND THE SHUMACHER GROUP OF LOUISIANA, INC.</a>&nbsp;(Parish of St. Landry)For these reasons, we hereby affirm the judgment of the Court of Appeal. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for the reasons assigned by J. Guidry and assigns additional reasons.&nbsp;&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/16C0055.OPN.pdf">2016-C -0055	RICHARD J. BORJA v. FARA ST. BERNARD PARISH GOVERNMENT</a>For the reasons set forth above, we hereby reverse the court of appeals&rsquo; judgment affirming the workers&rsquo; compensation judge&rsquo;s rulings sustaining the exception of prescription and the exception of res judicata.&nbsp; REVERSED and REMANDED.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2016/15KH0100.OPN.pdf">2015-KH-0100	STATE EX REL. ALDEN MORGAN v. STATE OF LOUISIANA</a>&nbsp;(Parish of Orleans)For the reasons expressed herein, we hold the categorical rule in Graham applies to the defendant&rsquo;s 99-year sentence without parole insofar as it is the functional equivalent of a life sentence and denies him a meaningful opportunity for release, to which he is entitled. Because it is an effective life sentence, it is rendered illegal pursuant to Graham and can be corrected at any time under La. C. Cr. P. art. 882. We order the deletion of the defendant&rsquo;s parole ineligibility and order that he be designated as parole-eligible in accordance with La. R.S. 15:574.4(D). As noted above, we are not ordering the defendant&rsquo;s immediate release, nor or we guaranteeing his eventual release. Rather, the defendant&rsquo;s access to the Board&rsquo;s consideration for parole will satisfy the mandate of Graham.&rdquo; Shaffer, 77 So.3d at 943. All other claims raised are procedurally barred under well-settled law. La. C.Cr.P. art. 930.3 provides no basis for post-conviction claims of trial court sentencing error. Melinie, supra. AFFIRMED WITH INSTRUCTIONS.JOHNSON, C.J., additionally concurs and will assign reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2016/15OK1233.OPN.pdf">2015-OK-1233	STATE OF LOUISIANA v. SEAN HOLLOWAY</a>&nbsp;(Parish of Lafayette)Accordingly, we find that Art. 890.1, effective May 17, 2012, applies by its plain language &ldquo;upon conviction, in sentencing the offender&rdquo; and therefore that version of the article, rather than the former article pertaining to designation of crimes of violence, applied when Holloway was convicted and sentenced in 2014. Therefore, the ultimate judgment of the court of appeal, which vacated the district court&rsquo;s January 29, 2015 designation of Holloway&rsquo;s conviction as a crime of violence, is affirmed. AFFIRMED.JOHNSON, C.J., concurs. CRICHTON, J., additionally concurs with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2016/14KA1449.OPN.pdf">2014-KA-1449	STATE OF LOUISIANA v. ROBERT LEROY MCCOY</a>&nbsp;(Parish of Bossier)For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Public Defender Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:178; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. CONVICTION AND SENTENCE AFFIRMED.CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2016/14BA1338.OPN.pdf">2014-BA-1338	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-8972</a>CONDITIONAL ADMISSION GRANTED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents in part for the reasons assigned by Crichton, J. CRICHTON, J., dissents in part and assigns reasons.&nbsp;<a href="/opinions/2016/15K0995.OPN.pdf">2015-K -0995	STATE OF LOUISIANA v. JOHNNY LEE HARRIS</a>&nbsp;(Parish of St. Landry)The primary distinction between Nelson and the present case is that there was a substantially stronger showing of discriminatory effect in Nelson. Regarding Batson steps two and three, however, the cases are indistinguishable. As in Nelson, the district court here dismissed defendant&rsquo;s proffered reasons for two strikes although they were facially race-neutral. As in Nelson, it is clear the district court merged the steps of the Batson analysis which improperly shifted the burden of proof to defense counsel&mdash;the proponent of the strike. The record unquestionably demonstrates the district court never made a finding that the race-neutral reasons offered by counsel were pretextual. Although none of the proffered reasons appear to inherently violate equal protection, the court nonetheless rejected them for no specific reason (other than that Duplechain indicated she could fairly serve as a juror). The court erred thus in putting the burden of persuasion on the defendant. See State v Green, 655 So. 2d 272, 290 (La. 1995). Batson makes clear that the burden is on the opponent of the strike to show purposeful discrimination. See Batson, 476 U.S. at 94, 106 S.Ct. at 1721.&nbsp; REVERSED AND REMANDED.&nbsp;<a href="/opinions/2016/16B0456.OPN.pdf">2016-B -0456	IN RE: EDWARD BISSAU MENDY</a>Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that the name of Edward Bissau Mendy, Louisiana Bar Roll number 22117, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. It is further ordered that respondent shall make restitution to his victims. 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.CLARK, J., dissents and assigns reasons. CRICHTON, J., dissents in part and would impose permanent disbarment.&nbsp;<a href="/opinions/2016/16B0967.OPN.pdf">2016-B -0967	IN RE: ARTHUR GILMORE, JR.</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 Arthur Gilmore, Jr., Louisiana Bar Roll number 1059, be and he hereby is disbarred, retroactive to June 9, 2013, the date of his most recent interim suspension. Respondent shall also be given credit for the time he served on interim suspension during the period of June 19, 2011 to September 21, 2011 and during the period of May 2, 2012 to April 3, 2013. Respondent&rsquo;s name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.HUGHES, J., dissents and would impose a lesser sanction.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #057</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;28th day of September, 2012,&nbsp;is as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2012/2011KA0574.OPN.pdf">2011-KA-0574 STATE OF LOUISIANA v. JAMES C. MAGEE</a>&nbsp;(Parish of St. Tammany) (First Degree Murder)For the reasons assigned herein, the defendant&rsquo;s conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the district court shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1 and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.JOHNSON, J., concurs in result. CLARK, J., additionally concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #057</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp; 29th day of June, 2001, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/98KA1417.opn.PDF">1998-KA- 1417 STATE OF LOUISIANA v. JUAN A. SMITH</a> (Parish of Orleans) (First Degree Murder) For the reasons assigned herein, the defendant's convictions and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.Retired Judge Philip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.TRAYLOR, J., concurs for reasons assigned by Justice Knoll. <a href="/opinions/2001/98KA1417.JTK.PDF">KNOLL, J., concurs in part and assigns reasons.</a>&nbsp;&nbsp;BY LEMMON, J.:<a href="/opinions/2001/99CC2559.OPN.PDF">1999-CC- 2559 MICHAEL WAYNE POPE v. STATE OF LOUISIANA, ET AL</a> (Parish of E. Baton Rouge) For these reasons, La. Rev. Stat. 15:1171-1179 are declared unconstitutional as applied to tort actions by offenders, as defined by La. Rev. Stat. 15:1171D. The case is remanded to the district court for further proceedings.Victory, J., not on panel. Rule IV, Part 2 &sect;3. Justice Walter F. Marcus, Jr., and Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to their retirement.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/99KA1659.opn.PDF">1999-KA- 1659 STATE OF LOUISIANA v. LAWRENCE J. JACOBS, JR.</a> (Parish of Jefferson) (First Degree Murder) The defendant's conviction and sentence are reversed. The case is remanded to the trial court for a new trial.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp;<a href="/opinions/2001/00C1695.opn.PDF">2000-C- 1695 SWAT 24 SHREVEPORT BOSSIER, INC. v. ROBBIE BOND</a> (Parish of Bossier) For the foregoing reasons, we conclude the language of La. R.S. 23:921(C) allows an employee to agree to refrain from carrying on or engaging in the employee's own business similar to that of the employer, subject to certain geographical and time limitations. Because the language of the Agreement at issue went beyond that permitted by the narrow exception of La. R.S. 23:921(C), we declare those offending portions null and void and sever them. The remaining portions of the Agreement cannot b construed to prohibit the actions the employee has taken subsequent to the termination of this employment with his former employer. The judgment of the court of appeal is therefore affirmed, and the case is remanded to the trial court for consideration of Bond's reconventional demands not yet considered. AFFIRMED AND REMANDED.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00C1695.cdt.PDF">TRAYLOR, J., dissents and assigns reasons.</a> KNOLL, J., dissents for reasons assigned by Traylor, J. GULOTTA, J., dissents for reasons assigned by Traylor, J.&nbsp;<a href="/opinions/2001/00CP2167.opn.PDF">2000-CP- 2167 WALTER BURNETTE v. RICHARD L. STALDER, ET AL</a> (Parish of E. Baton Rouge) The court of appeal is reversed. The case is remanded to the trial court for further proceedings on the issue of damages and court costs in light of our opinion. REVERSED, and REMANDED.Philip Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;<a href="/opinions/2001/01C0198.opn.PDF">2001-C- 0198 JONATHAN LANGLEY v. PETRO STAR CORP. OF LA.</a> (Office Of Workers' Compensation District #4) For the foregoing reasons, we conclude the court of appeal erred in holding that a court can take into consideration the degree of bad faith exhibited by the employer in determining the appropriate amount of attorney fees to be awarded pursuant to La. R.S. 23:1201(G) and in affirming the hearing officer's award of attorney fees which included such a consideration. The judgment of the court of appeal is reversed and the award of attorney fees is reduced to $1,500.00. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.<a href="/opinions/2001/01C0198.jtk.PDF">KNOLL, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00ka0674.opn.PDF">2000-KA- 0674 STATE OF LOUISIANA v. JARRELL NEAL</a> (Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either:(1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.WILLIAMS, J., dissents.&nbsp;<a href="/opinions/2001/00c1983.opn.PDF">2000-C- 1983 CITY OF PINEVILLE v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 3352</a> (Parish of Rapides) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. REVERSED.Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to his retirement.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2001/00c3416.opn.PDF">2000-C- 3416 SHIRLEY BRANDT v. DR. ALAN J. ENGLE AND BOSTON OLD COLONY INSURANCE COMPANY</a> (Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is reversed and the jury verdict in favor of defendants is reinstated. REVERSED; JURY VERDICT REINSTATED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/00C3234.opn.PDF">2000-C- 3234 JAMES HOWARD v. WEST BATON ROUGE PARISH SCHOOL BOARD</a> (Parish of W. Baton Rouge)Accordingly, we reverse the decision of the School Board to terminate Howard, the judgment of the district court upholding the dismissal for willful neglect of duty, and overrule the court of appeal opinion affirming these decisions.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.KIMBALL, J., dissents for reasons assigned by Knoll, J. <a href="/opinions/2001/00C3234.jtk.PDF">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00C3255.opn.PDF">2000-C- 3255 A &amp; L ENERGY, INC. v. PEGASUS GROUP, CENTRAL SELF-STORAGE INVESTOR, III, CSS-HEMPSTEAD AND FIRST AMERICAN TITLE INSURANCE COMPANY</a> (Parish of Caddo) Accordingly, we reverse the Second Circuit Court of Appeal and the trial court judgments. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.<a href="/opinions/2001/00C3255.cdk.PDF">KIMBALL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00CJ3278.opn.PDF">2000-CJ- 3278 STATE OF LOUISIANA IN THE INTEREST OF G.J.L. AND M.M.L.</a> (Parish of St. Landry) Accordingly, we reverse the judgment of the court of appeal and remand the matter to the trial court for further expedited proceedings consistent with this opinion. JUDGMENT OF THE COURT OF APPEAL IS REVERSED; CASE REMANDED TO THE TRIAL COURT FOR EXPEDITIOUS TREATMENT.Retired Judge Philip C. Ciaccio, assigned as Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.CALOGERO, C.J., concurs in part, dissents in part for reasons assigned by Kimball, J. <a href="/opinions/2001/00CJ3278.cdk.PDF">KIMBALL, J., concurs in part and dissents in part and assigns reasons.</a>&nbsp; &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/01CA0422.opn.PDF">2001-CA- 0422 AFSCME, COUNCIL # 17 AND RONALD WALKER v. THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF HEALTH AND HOSPITALS, THE STATE CIVIL SERVICE COMMISSION AND RICHARD IEYOUB, ATTORNEY GENERAL OF THE STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) For the foregoing reasons, the decision of the district court is affirmed as it pertains to classified state employees. However, that portion of the judgment of the district court which found LA. REV. STAT. ANN. &sect;42:1414 unconstitutional as it affects unclassified state employees is reversed and set aside. REVERSED, IN PART; AFFIRMED, IN PART.Felicia Toney Williams, Judge of the Court of Appeal, Second Circuit, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson. Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore sitting for Associate Justice Harry T. Lemmon.&nbsp; &nbsp;&nbsp;BY WILLIAMS, J. Pro Tempore&nbsp;:<a href="/opinions/2001/01O0657.opn.PDF">2001-O- 0657 IN RE: JUSTICE OF THE PEACE LAWRENCE LANDRY</a> (Judiciary Commission of Louisiana) Upon review of the findings and recommendation of the Judiciary Commission, and considering the record filed herein, it is hereby ordered that Justice of the Peace Lawrence Landry, Ward E, Parish of St. Bernard, be suspended for six months without pay, followed by a two year period of probation, for rendering a default judgment against a defendant without proper service of process and without convening a hearing, in violation of Canons 1, 2(A) and 3(A)(1). Justice of the Peace Lawrence Landry is cast with costs of this proceeding, and shall pay to the Judiciary Commission the sum of $533.42 as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case. Supreme Court Rule XXIII, Section 22.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00OB2721.pc.PDF">2000-OB- 2721 IN RE: THOMAS B. BROUSSARD</a> (Application for Admission to the Bar) Accordingly, it is ordered that the application for admission is denied.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; and Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.&nbsp;<a href="/opinions/2001/00OB2808.pc.PDF">2000-OB- 2808 IN RE: KOBY D. BOYETT</a> (Application for Admission to the Bar) Accordingly, it is ordered that the application for admission is denied.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; and Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.&nbsp;<a href="/opinions/2001/00KK2837.PC.PDF">2000-KK- 2837 STATE OF LOUISIANA v. TERRENCE J. JONES</a> (Parish of Jefferson) (Second Degree Murder) The trial court therefore erred in reversing itself and ruling that it would not permit introduction of Artberry's prior recorded testimony at any subsequent retrial of respondent. Accordingly, that ruling of the court is reversed, its initial judgment permitting use of Artberry's prior testimony under La.C.E. art. 804(B)(1) is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.Judge J. Jay Caraway, of the Second Circuit Court of Appeal, assigned as Justice ad hoc, sitting for Chief Justice Pascal Calogero, Jr., recused; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused&nbsp;<a href="/opinions/2001/01C0101.pc.PDF">2001-C- 0101 KATHERINE T. ALPAUGH, TUTRIX, ON BEHALF OF HER MINOR CHILD, GEORGE READE ALPAUGH v. THE CONTINENTAL INSURANCE COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY</a> (Parish of Orleans) For the foregoing reasons, the judgments of the trial court and the court of appeal are reversed and set aside. This matter is remanded to the district court for further proceedings.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp;<a href="/opinions/2001/01C0147.pc.PDF">2001-C- 0147 ELLEN BROWN v. THE MANHATTAN LIFE INSURANCE COMPANY, ET AL.</a> (Parish of Jefferson) For the reasons assigned, the judgment of the court of appeal is reversed. The district court's judgments granting summary judgment in favor of The Manhattan Life Insurance Company, Mike Levy Associates, Inc., Michel Levy Boudreaux, and Continental Casualty Company and dismissing plaintiff's claims with prejudice are reinstated. All costs in this court are assessed against plaintiff.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Court of Appeal, Second Circuit, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp;<a href="/opinions/2001/01C0318.pc.PDF">2001-B- 0318 IN RE: NOLAND JAMES HAMMOND</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Noland James Hammond be suspended from the practice of law in Louisiana for a period of four months. This suspension shall be deferred in full and respondent shall be placed on supervised probation for a period of two years, subject to the conditions recommended by the disciplinary board. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused; Judge Felicia Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #056</div></td></tr><tr valign="top"><td 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&nbsp;7th day of September, 2011, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2011/10KA0216.opn.pdf">2010-KA-0216	STATE OF LOUISIANA v. FELTON DEJUAN DORSEY</a>&nbsp;(Parish of Caddo) (1st Degree Murder)For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence is affirmed. This judgment becomes final on direct review when either: (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing. The district court shall upon receiving notice from this Court of finality of direct appeal under La. C.Cr.P. art. 923, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with a reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.&nbsp; AFFIRMED&nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10C2776.opn.pdf">2010-C -2776	SILVER DOLLAR LIQUOR, INC. v. RED RIVER PARISH POLICE JURY</a>&nbsp;(Parish of Red River)For the above reasons, we find Section 3-18 of the Red River Parish Code to be valid. We find the Police Jury has the power under La. R.S. 26:493 to regulate the sale of alcohol, even if the sale occurs on Sundays. To the extent Section 3-18 is impacted by both La. R.S. 26:493 and La. R.S. 51:191, we find La. R.S. 26:493 to be the more specific statute, and thus controlling. AFFIRMED.KIMBALL, C.J., concurs with reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2011/10K0762.opn.pdf">2010-K -0762	STATE OF LOUISIANA v. TODD ANDREW JONES</a>&nbsp;(Parish of Rapides) (Attempted Indecent Behavior with a Juvenile)For the reasons stated herein, we reverse the judgment of the court of appeal and reinstate the jury verdict. REVERSED; JURY VERDICT REINSTATED.KIMBALL, C.J., dissents with reasons assigned by Justice Knoll. KNOLL, J., dissents with reasons. WEIMER, J., dissents for reasons assigned by Knoll, J.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #056</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;9th day of September, 2008, is as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/06KA2987.bjj.opn.pdf">2006-KA-2987 STATE OF LOUISIANA v. HENRY JOSEPH ANDERSON</a>&nbsp;(Parish of Ouachita) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S.15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #056</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;2nd day of July, 2004, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03c3436.opn.pdf">2003-C -3436 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; CURTIS P. MEDINE, INDIVIDUALLY AND MICHAEL BUCK AS TUTOR AND LEGAL GUARDIAN OF JOHN MICHAEL KRAMER, MINOR CHILD OF JANICE BUCK MEDINE v. DR. RICHARD R. RONIGER&nbsp;</a>(Parish of Jefferson) Finding no abuse of the district court's discretion in either his admission of the expert testimony of the medical review panelists or refusal to give the plaintiffs' requested jury charges, we affirm the judgments of the district court and the court of appeal in favor of the defendant, dismissing plaintiffs' claims. AFFIRMED.KIMBALL, J., dissents for reasons assigned by Traylor, J. JOHNSON, J., dissents for reasons assigned by Traylor, J. TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03c1016.opn.pdf">2003-C -1016 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LINDA BOZEMAN, INDIVIDUALLY AND ON BEHALF OF TOMMY BOZEMAN v. STATE OF LOUISIANA, AND THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT&nbsp;</a>(Parish of Caddo) In conclusion, Medicaid recipients are unable to collect the Medicaid "write-off" amounts as damages because no consideration is provided for the benefit. Thus, plaintiff's recovery is limited to what was paid by Medicaid. However, in those instances, where plaintiff's patrimony has been diminished in some way in order to obtain the collateral source benefits, then plaintiff is entitled to the benefit of the bargain, and may recover the full value of his medical services, including the "write-off" amount.VICTORY, J., concurs. KNOLL, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03ka1940.opn.pdf">2003-KA-1940 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. EXPUNGED RECORD #249,044</a> (Parish of Rapides) In conclusion, we hold that appellee, the party challenging the constitutionality of the statute, has failed to meet his stringent burden of proving that LSA-R.S. 44:9(B)(1) does not meet a valid state purpose, under the minimal scrutiny standard of Louisiana's equal protection analysis. We conclude that retaining felony arrest records does serve a legitimate government interest, as does the statutory classification. Therefore, we find LSA-R.S. 44:9(B)(1) to be constitutional. The trial court's ruling is hereby REVERSED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03c3024.opn.pdf">2003-C -3024 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MICHAEL BONIN, ET AL. v. FERRELLGAS, INC. ET AL&nbsp;</a>.
 (Parish of Rapides) For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03cc3432.opn.pdf">2003-CC-3432 C/W 2003-CC-3434, 2003-CC-3435 RALEIGH LANDRY AND</a><a href="/opinions/2004/03cc3432.opn.pdf">CLAILEE AUCOIN LANDRY v. AVONDALE INDUSTRIES,INC.,&nbsp; ET AL.&nbsp;</a>(Parish of Orleans) Therefore, the decision of the court of appeal is reversed, the&nbsp; judgment of the district court granting summary judgment in favor of Reilly-Benton Company, Inc. and Liberty Mutual Insurance Company is reinstated, and this case is remanded to the district court for further proceedings not inconsistent with this opinion. REVERSED; SUMMARY JUDGMENT REINSTATED; REMANDED TO DISTRICT COURT.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03b2779.pc.pdf">2003-B -2779 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MATTHEW L. PEPPER </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committees and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Matthew L. Pepper, Louisiana Bar Roll number 19976, be suspended from the practice of law for a period of six months. All but one month of the suspension shall be deferred, and respondent shall be placed on probation for a period of one year, subject to the condition that he pay restitution to Anita Allen in the amount of $600 plus legal interest. Any violation of the condition of probation, or any other 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's judgment until paid.KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03k2871.pc.pdf">2003-K -2871 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. MELISSA WALKER&nbsp;</a>(Parish of Caldwell) After conducting an independent review of the record, and considering the arguments of counsel, we conclude that the decision of the court of appeal does not require the exercise of our supervisory authority. Accordingly, our order of March 12, 2004 is recalled as improvidently granted.TRAYLOR, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03b3195.pc.pdf">2003-B -3195 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MICHAEL H. O'KEEFE</a> (Disciplinary Proceedings) 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 the name of Michael H. O'Keefe, Louisiana Bar Roll number 9951, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked based on his felony conviction as well as his activities in the runner-based solicitation matter. Pursuant to Supreme Court Rule XIX, &sect;24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp; <a href="/opinions/2004/04b0289.pc.pdf">2004-B -0289 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: ROBERT T. DEFRANCESCH </a>(Disciplinary Proceedings) 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 Robert T. DeFrancesch, Louisiana Bar Roll number 4802, be suspended from the practice of law in Louisiana for a period of two years, with all but one year and one day deferred. This suspension shall be retroactive to February 4, 2004, the date of respondent's interim suspension. 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's judgment until paid.WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/04b0290.pc.pdf">2004-B- 0290 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: STEPHEN R. EDWARDS</a> (Disciplinary Proceedings) 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 the name of Stephen Randolph Edwards, Louisiana Bar Roll number 5295, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect;24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., would disbar.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #056</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;31th day of August, 2000, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99o3084.opn.pdf">1999-O- 3084 IN RE: JUDGE PRESTON AUCOIN </a>(Judiciary Commission of Louisiana) For the foregoing reasons, it is ordered that Judge Preston Aucoin be, and he hereby is, publicly censured for violations of the Code of Judicial Conduct. Costs incurred in the investigation and prosecution of the case are to be reimbursed by respondent. La.Sup.Ct.R. 23 &sect;22.KNOLL, J., not on panel, recused. Rule IV, Part 2, &sect;3. JOHNSON, J., dissents and would assign a more severe penalty.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/00ca0336.opn.pdf">2000-CA- 0336 ENTERGY GULF STATES, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court is reversed insofar as it reverses the Commission's order on the issue of the inclusion of disallowed imprudent, unreasonable or excessive expenditures in the savings tracker calculation. The district court's judgment is affirmed as to those portions dealing with the rate of return on common equity and the requested weather normalization adjustment. The case is remanded to the Commission for further proceedings consistent with this opinion.KNOLL, J., not on panel. See Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/99c2522.opn.pdf">1999-C- 2522 RODNEY NICHOLAS, ET UX v. ALLSTATE INSURANCE COMPANY, ET AL</a> (Parish of Caddo) For the foreging reasons, the judgments of the lower courts are reversed and set aside. Judgment is hereby rendered in favor of Allstate Insurance Company and William Monie, Jr. and against Rodney Nicholas and Neva Nicholas, dismissing their claims with prejudice. Costs of these proceedings are assessed to the plaintiffs. REVERSED.VICTORY, J., recused, not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99c2522.pfc.pdf">CALOGERO, C.J., dissents in part and assigns reasons.</a>&nbsp;<a href="/opinions/2000/99c3651.opn.pdf">1999-C- 3651 LAWRENCE DUPREE v. CITY OF NEW ORLEANS, ET AL., SEWERAGE AND WATER BOARD OF NEW ORLEANS</a> (Parish of Orleans) For the foregoing reasons, the judgment of the court of appeal affirming the trial court's judgment in favor of the plaintiff and against the Sewerage &amp; Water Board finding it 100% at fault is affirmed. AFFIRMED.TRAYLOR, J., not on panel. See Rule IV, Part 2, &sect;3. MARCUS, J., dissents for reasons assigned by Justice Victory. LEMMON, J., concurs and will assign reasons. <a href="/opinions/2000/99c3651.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #055</div></td></tr><tr valign="top"><td 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&nbsp;31st day of October, 2014, are as follows:&nbsp;BY VICTORY, J.: <a href="/opinions/2014/14C0329cw14C0330.opn.pdf">2014-C -0329 C/W 2014-C -0330	EDDY OLIVER, OSCARLENE NIXON, AND MILDRED GOODWIN v. ORLEANS PARISH SCHOOL BOARD</a>&nbsp;(Parish of Orleans)For the reasons stated herein, the judgments of the lower courts are reversed and this class action suit is dismissed. REVERSED AND RENDERED.JOHNSON, C.J., dissents and assigns reasons. GUIDRY, J., additionally concurs and assigns reasons. HUGHES, J., dissents.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #055</div></td></tr><tr valign="top"><td 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&nbsp;8th day of September, 2008, are as follows: BY CALOGERO, C.J.:<a href="/opinions/2008/07C2469.opn.pdf">2007-C -2469 CHEVRON U.S.A. INC. v. STATE OF LOUISIANA, ET AL.&nbsp;</a>(Parish of Plaquemines)Retired Judge Lemmie O. Hightower, sitting ad hoc for Kimball, J., recused.For the above and foregoing reasons, the court of appeal judgment affirming the district court's decision to grant summary judgment in favor of Chevron and PPG on the basis of res judicata is reversed. Application of res judicata to this case is inappropriate because this case does not arise out of the same "transaction or occurrence" as the Tract 87 litigation. We further find that Chevron and PPG have not otherwise proven that they are entitled to summary judgment because they have failed to show that no genuine issues of material fact remain and that they are entitled to judgment as a matter of law. The case is remanded to the district court for further proceedings consistent with this decision. REVERSED AND REMANDED.TRAYLOR, J., dissents for reasons assigned by Weimer, J. KNOLL, J., dissents for reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons. <a href="/opinions/2008/08C0021.opn.pdf">2008-C -0021 GARY L. MILLER v. CONAGRA, INC.&nbsp;</a>(Parish of Natchitoches)Retired Judge Thomas C. Wicker, Jr., sitting ad hoc for Weimer, J., recused.AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART.&nbsp;
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #054</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 8th day of December, 2023 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2023/22-1824.K.OPN.pdf">2022-K-01824&nbsp;STATE OF LOUISIANA VS. JOSE M. SAGASTUME</a>&nbsp;(Parish of Jefferson) REVERSED AND REINSTATED. SEE OPINION.Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/23-0592.B.OPN.pdf">2023-B-00592&nbsp;IN RE: J ANTONIO FLORENCE</a> SUSPENSION IMPOSED. SEE PER CURIAM.&nbsp;<a href="/opinions/2023/23-0852.B.OPN.pdf">2023-B-00852&nbsp;IN RE: JANEANE GORCYCA ABBOTT</a> SUSPENSION IMPOSED. SEE PER CURIAM.&nbsp;<a href="/opinions/2023/23-0620.B.OPN.pdf">2023-B-00620&nbsp;IN RE: ALBERT A. BENSABAT, III</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Crichton, J., dissents. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #054</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<p">The Per Curiam handed down on the&nbsp;20th day of September, 2013, is as follows:
</p"><p"><p"><p"></p"></p"></p"><p"><p"><p"></p"></p"></p"><p"><p"><p">PER CURIAM:</p"></p"></p"><p"><p"><p"><p"><a href="/opinions/2013/12OB1459.opn.pdf">2012-OB-1459	IN RE: CHRISTOPHER MINIAS</a></p"></p"></p"></p"><p"><p"><p"><p">For the reasons assigned, it is ordered that the application by petitioner seeking permission to sit for the Louisiana Bar Examination be and hereby is granted. <p">&nbsp;</p"></p"></p"></p"></p">
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #054</div></td></tr><tr valign="top"><td 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&nbsp;5th day of September, 2007&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.:
<a href="/opinions/2007/07CC0008.opn.pdf">2007-CC-0008 C/W 2007-CC-0016 STEPHEN B. LACOSTE, ET AL. v. PENDLETON METHODIST HOSPITAL, L.L.C.</a>&nbsp;(Parish of Orleans) Therefore, the ruling of the court of appeal is reversed, and the ruling of the district court is reinstated. The case is remanded to the district court for further proceedings. REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED.VICTORY, J., dissents. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents for the reasons assigned by Knoll, J.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/06C3030.opn.pdf">2006-C -3030 DRONZY LINNEAR AND CHARLES LINNEAR v. CENTERPOINT ENERGY ENTEX/RELIANT ENERGY AND INSURER, JOINTLY AND INSOLIDO</a>&nbsp; (Parish of Caddo) For the reasons stated herein, the judgment of the court of appeal is reversed and the jury verdict and trial court judgment in favor of the defendant is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/06C2943.opn.pdf">2006-C -2943 DELTON RAY COUTEE v. RAYLAND K. BEURLOT, M.D.</a>&nbsp;(Parish of Rapides) For the reasons set out above, we reverse the decisions of the lower courts. REVERSED.CALOGERO, C.J., concurs. KIMBALL, J., concurs in the result &amp; assigns reasons. JOHNSON, J., dissents. VICTORY, J., concurs in the result. KNOLL, J., concurs in the result. WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #053</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style>&nbsp;The Opinions handed down on the 9th day of December, 2022 are as follows:<h1>BY Hughes, J.:</h1><a href="/opinions/2022/22-0263.C.OPN.pdf">2022-C-00263&nbsp;SUCCESSION OF WILLIE CLYDE BURNS</a>&nbsp;(Parish of Claiborne) REVERSED AND REMANDED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2022/22-0425.C.OPN.pdf">2022-C-00425&nbsp;NAR SOLUTIONS, INC. VS. BRYAN K. KUHN</a>&nbsp;(Parish of Jefferson) REVERSED. DISTRICT COURT JUDGMENT REINSTATED. SEE OPINION.&nbsp;&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2022/22-1068.CC.OPN.pdf">2022-CC-01068&nbsp;WALTER GEORGE AND JANIE GEORGE VS. PROGRESSIVE WASTE SOLUTIONS OF LA, INC. AND ABC INSURANCE COMPANY</a>&nbsp;(Parish of Terrebonne) REVERSED AND REMANDED. SEE OPINION.Crain, J., concurs and assigns reasons.&nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2022/22-0206.K.OPN.pdf">2022-K-00206&nbsp;STATE OF LOUISIANA VS. QWANDARIOUS ROWE</a>&nbsp;(Parish of Washington) REVERSED. SEE OPINION.Crain, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Crain, J. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2022/22-0596.CC.OPN.pdf">2022-CC-00596&nbsp;DANIEL J. SALOOM, ET AL. VS. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>&nbsp;(Parish of Lafayette) JUDGMENT VACATED AND CASE REMANDED. SEE OPINION.&nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2022/22-0100.C.cw.22-0113.C.OPN.pdf">2022-C-00100 c/w 2022-C-00113&nbsp;GEORGE RAYMOND WILLIAMS, M.D., ORTHOPAEDIC SURGERY, A PROFESSIONAL MEDICAL LLC, ET AL. VS. BESTCOMP, INC., ET AL.</a>&nbsp;(Parish of St. Landry) REVERSED; VACATED; AND CASE DISMISSED. SEE OPINION.Retired Judge Jimmie Peters assigned Justice ad hoc, sitting for Genovese, J., recused.&nbsp;Hughes, J., concurs in part and dissents in part and assigns reasons. Griffin, J., concurs in part and dissents in part for the reasons assigned by Hughes, J.&nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2022/21-1554.C.OPN.pdf">2021-C-01554&nbsp;BERKLEY ASSURANCE COMPANY VS. MELISSA WILLIS, AS PARENT/GUARDIAN OF MACY LEE WILLIS, ET AL. C/W BERKLEY ASSURANCE COMPANY VS. MELISSA WILLIS, AS PARENT/GUARDIAN OF MACY LEE WILLIS, ET AL.</a>&nbsp;(Parish of Orleans Civil) AFFIRMED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents.&nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2022/22-0783.B.OPN.pdf">2022-B-00783&nbsp;IN RE: RICHMOND C. ODOM</a> DISCIPLINE IMPOSED. SEE PER CURIAM.&nbsp;<a href="/opinions/2022/22-0954.B.OPN.pdf">2022-B-00954&nbsp;IN RE: RICHARD L. ROOT</a> DISCIPLINE IMPOSED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Weimer, C.J. Griffin, J., dissents for the reasons assigned by Weimer, C.J.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #053</div></td></tr><tr valign="top"><td 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 5th day of December, 2018, are as follows:&nbsp;BY WEIMER, J.:<a href="../../opinions/2018/18-0320.C.OPN.pdf">2018-C-0320 ELIZABETH WEBB v. DANIEL ANDREW WEBB</a> (Parish of Jefferson) The appellate court&rsquo;s ruling that Mr. Webb&rsquo;s fraudulent loan is a community obligation and that Mrs. Webb owes reimbursement for prior payments is hereby reversed.&nbsp; The trial court&rsquo;s ruling, which denied Mr. Webb&rsquo;s reimbursement claims for the fraudulent loan and found that loan to be Mr. Webb&rsquo;s separate obligation, is hereby reinstated.&nbsp; Other aspects of the lower courts&rsquo; rulings are not presently before this court and we express no view on them. REVERSED IN PART; TRIAL COURT RULING REINSTATED.GUIDRY, J., concurs in the result. HUGHES, J., dissents and would affirm the court of appeal. CRICHTON, J., concurs in the result and assigns reasons. GENOVESE,J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="../../opinions/2018/16-1841.KA.OPN.pdf">2016-KA-1841 STATE OF LOUISIANA v. LEE TURNER, JR.</a> (Parish of E. Baton Rouge) This is a direct appeal under La. Const. art. V, &sect; 5(D) by defendant, Lee Turner, Jr., who was indicted by a grand jury for the first degree murders of Edward Gurtner, III and Randy Chaney, committed while engaged in the perpetration of armed robbery. Following the close of evidence, a jury unanimously found defendant guilty of two counts of first degree murder and, at the conclusion of the penalty phase of the trial, unanimously recommended sentences of death. In his appeal, defendant raises 32 assignments of error.&nbsp; Finding merit to defendant&rsquo;s assignment of error related to his &ldquo;reverse-Witherspoon&rdquo;&nbsp; challenge, his sentences are hereby vacated. Finding no merit to his remaining challenges, his convictions are affirmed, and this matter is remanded to the trial court for further proceedings. CONVICTIONS AFFIRMED; DEATH SENTENCES REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in part, dissents in part, and assigns reasons. HUGHES, J., concurs in part and dissents in part for the reasons assigned by Guidry, J.&nbsp;&nbsp;BY GENOVESE,J.:<a href="../../opinions/2018/18-0728.CA.OPN.pdf">2018-CA-0728 IVAN I. SMITH, JR. AND GLORIA G. SMITH v. KIMBERLY L. ROBINSON, SECRETARY OF THE DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) This case comes to this Court on direct appeal from the Nineteenth Judicial District Court of East Baton Rouge Parish pursuant to Louisiana Constitution Article V, &sect; 5(D)&nbsp; upon a declaration by that court that 2015 La. Acts No. 109 (&ldquo;Act 109&rdquo;), which amended La.R.S. 47:33, is unconstitutional. Plaintiffs, Ivan I. Smith, Jr. and Gloria G. Smith (collectively &ldquo;Taxpayers&rdquo;), are Louisiana residents and part owners of several limited liability companies (&ldquo;LLC&rdquo;) and Subchapter S corporations (&ldquo;S corporation&rdquo;) that transact business in Texas, Arkansas, and Louisiana.&nbsp; Defendant herein is Kimberly L. Robinson, in her capacity as Secretary of the Department of Revenue of the State of Louisiana (the &ldquo;Department&rdquo;).&nbsp;&nbsp; Taxpayers filed the instant suit seeking recovery of income taxes paid under protest.&nbsp; At issue is whether Act 109, which amended La.R.S. 47:33, a state income tax statute that provides a credit to taxpayers for income taxes paid in other states, violates the dormant Commerce Clause of the United States Constitution. For the reasons herein set forth, we conclude that Act 109, which amended La.R.S. 47:33, violates the dormant Commerce Clause of the United States Constitution. Consequently, the judgment of the district court is hereby affirmed. AFFIRMED.Retired Judge Freddie Pitcher, Jr., assigned as Justice ad hoc, sitting for Crichton, J., recused. CRICHTON, J., recused.&nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2018/17-0908.K.OPN.pdf">2017-K-0908 STATE OF LOUISIANA&nbsp; v. JEREMY WILSON</a> (Parish of Washington) We find that the trial court's evidentiary rulings, when combined with its failure to properly address the attendant privilege invocations, violated defendant's right to present a defense. Therefore, we reverse the judgment of the court of appeal, and remand this matter to the district court for a new trial. REVERSED AND REMANDED.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2018/18-0849.B.OPN.pdf">2018-B-0849 IN RE: MICHAEL SEAN REID</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that Michael Sean Reid, Louisiana Bar Roll number 27622, be and he hereby is disbarred, retroactive to December 9, 2016, the date of his interim suspension.&nbsp; His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked.&nbsp; It is further ordered that respondent shall provide accountings and make restitution to the clients who are the subjects of the formal charges and/or to the Client Assistance Fund, as appropriate.&nbsp; 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.CLARK, J., dissents for the reasons assigned by Justice Crichton. CRICHTON, J., dissents, would impose permanent disbarment, and assigns reasons.&nbsp;<a href="../../opinions/2018/18-1076.B.OPN.pdf">2018-B-1076 IN RE: GREGORY COOK</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 Gregory Cook, Louisiana Bar Roll number 34268, be and he hereby is suspended from the practice of law for a period of six months.&nbsp; It is further ordered that all but thirty days of this suspension shall be deferred.&nbsp; Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of one year, subject to the conditions set forth in this opinion.&nbsp; The probationary period shall commence from the date respondent and the ODC execute a formal probation plan.&nbsp; 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.&nbsp; 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, dissents in part and assigns reasons. HUGHES, J., concurs in part, dissents in part and would fully defer the period of suspension.&nbsp;<a href="../../opinions/2018/18-1233.B.OPN.pdf">2018-B-1233 IN RE: SALVADOR R. PERRICONE</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the briefs, and oral argument, it is ordered that Salvador R. Perricone, Louisiana Bar Roll number 10515, be and he hereby is disbarred.&nbsp; His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked.&nbsp; 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 Gay Gaskins, assigned as Justice ad hoc, sitting for Guidry, J., recused. Retired Judge Hillary Crain, assigned as Justice ad hoc, sitting for Weimer, J., recused. WEIMER, J., recused. GUIDRY, J., recused. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #052</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } </style> The Opinions handed down on the 11th day of December, 2019, are as follows:&nbsp;BY GENOVESE, J.:<a href="../../opinions/2019/19-0878.CA.OPN.pdf">2019-CA-00878 WEST FELICIANA PARISH GOVERNMENT, PLAQUEMINES PARISH COUNCIL AND ST. JAMES PARISH SCHOOL BOARD VS. STATE OF LOUISIANA, OFFICE OF MOTOR VEHICLES AND LOUISIANA UNIFORM LOCAL SALES TAX BOARD</a> (Parish of East Baton Rouge) After de novo review, we find that the funding mechanism for the Louisiana Uniform Local Sales Tax Board, as set forth in La.R.S. 47:337.102(I), is violative of La.Const. art. VI, &sect; 29.&nbsp; For the reasons stated herein, the judgment of the district court declaring La.R.S. 47:337.102(I) unconstitutional and permanently enjoining the State of Louisiana, Department of Public Safety and Corrections, Office of Motor Vehicles from withholding locally levied sales and use taxes under the authority of La.R.S. 47:337.102(I) and from disbursing any funds withheld to the Louisiana Uniform Local Sales Tax Board is hereby affirmed. AFFIRMED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court.&nbsp; She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2019/19-0038.K.OPN.pdf">2019-K-00038 State of Louisiana vs. DAVID BOURG</a> (Parish of Allen) As we noted in State v. King, 15-1283 (La. 9/18/17), 232 So.3d 1207, a long line of jurisprudence has emphasized that a grant of new trial pursuant to 851(B)(1) leaves nothing for appellate court review. None of these cases, however, addressed whether the district court applied the correct legal standard in weighing the evidence as a thirteenth juror. While the appellate courts have jurisdiction in a criminal case to review the standard applied for error of law, the court of appeal erred in State v. Bourg, 16-0915 (La. App. 3 Cir. 6/21/17), 223 So.3d 26, in finding the district court applied the wrong standard, and then used its erroneous determination to displace the district court&rsquo;s evaluation of credibility and the weight of the evidence. Accordingly, we grant defendant&rsquo;s application to reverse the court of appeal&rsquo;s affirmance of the conviction, we reinstate the district court&rsquo;s ruling that granted defendant a new trial pursuant to La.C.Cr.P. art. 851(B)(1), and we remand to the district court for further proceedings. REVERSED AND REMANDED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court.&nbsp; She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., concurs in result. Crichton, J., additionally concurs and assigns reasons.&nbsp;<a href="../../opinions/2019/19-1061.KA.OPN.pdf">2019-KA-01061 State of Louisiana vs. hunter fussell</a> (Parish of St. Tammany) We find defendant here failed to carry that burden of showing that Children&rsquo;s Code art. 305(A) is unconstitutional. Accordingly, we vacate the district court&rsquo;s ruling, which declared Article 305(A) unconstitutional and quashed defendant&rsquo;s transfer to the district court, and we remand to the district court for further proceedings consistent with the views expressed here. VACATED AND REMANDED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court.&nbsp; She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Johnson, C.J. Chehardy, J., dissents for the reasons assigned by Johnson, C.J. &nbsp;<a href="../../opinions/2019/19-1128.B.OPN.pdf">2019-B-01128 in re: laura j. johnson</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that Laura J. Johnson, Louisiana Bar Roll number 7312, be and she hereby is disbarred, retroactive to November 12, 2015, the date of her interim suspension.&nbsp; Her name shall be stricken from the roll of attorneys, and her license to practice law in the State of Louisiana shall be revoked.&nbsp; 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. DISBARMENT IMPOSED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court.&nbsp; She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. &nbsp; &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #052</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;12th day of September, 2012, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2012/11KA2534.opn.pdf">2011-KA-2534	STATE OF LOUISIANA v. SHAROY CAMESE</a>&nbsp;(Parish of Orleans) (Distribution of Cocaine)For the reasons provided in Bazile, the district court erred in doing so. The judgment of the district court is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #052</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;21st day of June, 2002, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2002/00KA1529.reh.PDF">2000-KA- 1529 STATE OF LOUISIANA v. ROY BRIDGEWATER</a>&nbsp;(Parish of Jefferson) (First Degree Murder) ON REHEARING FIRST DEGREE MURDER CONVICTION AND DEATH SENTENCE OF THE DEFENDANT, ROY BRIDGEWATER, IS AFFIRMED.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/01KK2629.opn.pdf">2001-KK- 2629 STATE OF LOUISIANA v. ERNEST J. DOBARD</a>&nbsp;(Parish of Orleans) (Possession of Crack Cocaine) For the foregoing reasons, the crack cocaine abandoned by defendant prior to any unlawful intrusion into his right to be free from governmental interference was lawfully seized. The trial court's determination that the evidence should be suppressed and its finding of a lack of probable cause are therefore reversed. The case is remanded to the trial court for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED.<a href="/opinions/2002/01KK2629.pfc.pdf">CALOGERO, C.J., dissents and assigns reason</a>s. <a href="/opinions/2002/01KK2629.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2002/01K0077.opn.pdf">2001-K- 0077 STATE OF LOUISIANA v. KEVIN DUANE GOODLEY&nbsp;</a>(Parish of St. Landry) (Second Degree Murder) The court of appeal's decision is hereby reversed, and the matter is remanded for consideration of the merits of defendant's remaining assignments of errors. REVERSED and REMANDED.&nbsp;<a href="/opinions/2002/01KK2529.opn.pdf">2001-KK- 2529 STATE OF LOUISIANA v. DITRA S. HORTON AND JUNIUS ELI</a>&nbsp;(Parish of Orleans) (Possession of Cocaine and Heroin)&nbsp; For the foregoing reasons, we AFFIRM the Fourth Circuit Court of Appeal's denial of the State's supervisory writ application.VICTORY, J., dissents for the reasons assigned by Justice Traylor.<a href="/opinions/2002/01KK2529.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a> WEIMER, J., dissents for the reasons assigned by Traylor, J.&nbsp;<a href="/opinions/2002/01KK2940.opn.pdf">2001-KK- 2940 STATE OF LOUISIANA v. BYRON VIGNE</a>&nbsp;(Parish of Orleans) (Possession of Crack Cocaine with Intent to Distribute) For the aforementioned reasons, we hold that the trial court did not err in granting defendant's motion to suppress. Accordingly, we reverse the court of appeal's decision. REVERSED.VICTORY, J., dissents for the reasons assigned by Justice Traylor. <a href="/opinions/2002/01KK2940.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a> WEIMER, J., dissents.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2002/01C2658.opn.pdf">2001-C- 2658 INGUS M. HOLLINGSWORTH AND DOROTHY ROBERSON HOLLINGSWORTH v. CITY OF MINDEN</a>&nbsp;(Parish of Webster) Because we find that plaintiffs timely filed their devolutive appeal under La. R.S. 33:175, we deny the City relief and remand the case to the trial court for further proceedings in accordance with the ruling of the Second Circuit Court of Appeal. RELIEF DENIED; REMANDED.KIMBALL, J., dissents. JOHNSON, J., dissents. <a href="/opinions/2002/01C2658.jlw.pdf">WEIMER, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2002/01KA2799.opn.pdf">2001-KA- 2799 STATE OF LOUISIANA v. ERRAN FLEMING AND KEVIN TRAINOR</a>&nbsp;(Parish of Orleans) (First Degree Murder) For the foregoing reasons, the ruling of the trial court declaring La. C.Cr.P. art. 413(C) unconstitutional as a local or special law under La. Const. Art. III, &sect;12(a)(3) is vacated and the case is transferred to the Fourth Circuit Court of Appeal to be treated as an appeal by the State and the defendants on all other grounds properly raised in this Court. DECLARATION OF UNCONSTITUTIONALITY VACATED; TRANSFERRED TO THE FOURTH CIRCUIT COURT OF APPEAL.&nbsp;<a href="/opinions/2002/02CA0265.opn.pdf">2002-CA- 0265 CASINO ASSOCIATION OF LOUISIANA AND INDIVIDUAL MEMBERS v. STATE OF LOUISIANA&nbsp;THROUGH THE HONORABLE MURPHY J. FOSTER, JR., GOVERNOR, THE HONORABLE RICHARD P. IEYOUB, ATTORNEY GENERAL</a> (Parish of E. Baton Rouge) For the foregoing reasons, we reverse the judgment of the trial court and uphold the constitutionality of La. R.S. 18:1505.2 (L)(3)(a)(ii) and La. R.S. 18:1505.2(L)(3)(b)(c)(e), insofar as they are applicable to La. R.S. 18:1505.2(L)(3)(a)(ii) and (iii) as well as 42 LA-ADC Pt. IX, &sect;2941, insofar as it applies to the owners of any holding company of the casino gaming operator, their affiliated companies, and all of their officers, directors, partners, senior management and key employees. REVERSED.<a href="/opinions/2002/02CA0265.pfc.pdf">CALOGERO, C.J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/02CA0265.cdk.pdf">KIMBALL, J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/02CA0265.bjj.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2002/01KA0408.opn.pdf">2001-KA- 0408 STATE OF LOUISIANA v. EDWARD IRVIN HARRIS</a> (Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are reversed. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2002/01CC3283.opn.pdf">2001-CC- 3283 YOLANDA BERRY, ET AL. v. ORLEANS PARISH SCHOOL BOARD, ET AL</a>. (Parish of Orleans) For the reasons assigned, we affirm the court of appeal's judgment that renders summary judgment in favor of the OPSB to require the Lighthouse for the Blind to defend and indemnify the OPSB. The case is remanded to the district court for further proceedings consistent with this opinion. AFFIRMED.CALOGERO, C.J., dissents for reasons assigned by Knoll, J. VICTORY, J., concurs. <a href="/opinions/2002/01CC3283.jtk.pdf">KNOLL, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/01K0556.opn.pdf">2001-K- 0556 STATE OF LOUISIANA v. SERELL J. ANDERS AND GLENDA A. DIECEDUE</a>&nbsp;(Parish of Orleans)&nbsp; (Possession of Marijuana - Second Offense) For the foregoing reasons, we find that the State erred by using the respective defendants' previous conviction for distribution of marijuana as the predicate offense to enhance their present charge to possession of marijuana, second offense. Accordingly, we find that the respective trial courts properly granted the defendants' motions to quash the bill of information which charged them with possession of marijuana, second offense. AFFIRMED.<a href="/opinions/2002/01K0556.cdt.pdf">TRAYLOR, J., dissents&nbsp;and assigns reasons.</a>&nbsp;<a href="/opinions/2002/01C2297.opn.pdf">2001-C- 2297 J. JUDE QUEBEDEAUX AND WENDY QUEBEDEAUX v. THE DOW CHEMICAL COMPANY&nbsp;AND JOHN DANDRIDGE, RELIANCE INSURANCE CO. AND DORINCO REINSURANCE CO.</a> (Parish of Iberville) For the foregoing reasons, we reverse and set aide that portion of the lower courts' judgments pertaining to plaintiffs' damage awards, and remand this matter to the court of appeal to determine the proper quantum for plaintiffs' damages, consistent with the views expressed in this opinion. DAMAGE AWARD REVERSED AND CASE REMANDED.<a href="/opinions/2002/01C2297.pfc.pdf">CALOGERO, C.J., concurs&nbsp;and assigns reasons.</a> <a href="/opinions/2002/01C2297.cdk.pdf">KIMBALL, J., additionally concurs&nbsp;and assigns reasons.</a> JOHNSON, J., concurs in result. TRAYLOR, J., additionally concurs for reasons assigned by Kimball, J. <a href="/opinions/2002/01C2297.jlw.pdf">WEIMER, J., additionally concurs&nbsp;and assigns reasons.</a>&nbsp;<a href="/opinions/2002/01C2707.opn.pdf">2001-C- 2707 ALVIN CAMPO, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, JOSHUA HALL CAMPO AND JESSI LYNN CAMPO AND PAMELA CAMPO v. AMILCAR CORREA, M.D., AND GALEN-MED, INC., (F/K/A HUMEDICENTER, INC., F/D/B/A HUMANA HOSPITAL - NEW ORLEANS)</a> (Parish of Orleans) For the foregoing reasons, the judgments of the trial court and the court of appeal are reversed, vacated, and set aside. This matter is remanded to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2002/01C3230.opn.pdf">2001-C- 3230 LETELL MENYOUN LEE JONISE, WIDOW OF DERRICK DEWAYNE JONISE v. BOLOGNA BROTHERS AND THE LOUISIANA WORKERS' COMPENSATION CORPORATION</a> (Office Of Workers' Compensantion District 5) For the foregoing reasons, we affirm the granting of defendants' exception of prescription and find Ms. Jonise's claim for death benefits and her claim for burial expenses are prescribed pursuant to LSA-R.S. 23:1209(A). AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., concurs.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2002/01KK3195.opn.pdf">2001-KK- 3195 STATE OF LOUISIANA v. MICHAEL J. MAYEUX</a> (Parish of Jefferson) (DWI - Third Offense) Accordingly, we vacate the sentence and remand the case to the district court for sentencing in conformity with this opinion. SENTENCE VACATED; REMANDED.<a href="/opinions/2002/01KK3195.cdk.pdf">KIMBALL, J., dissents&nbsp;and assigns reasons.</a> JOHNSON, J., concurs. <a href="/opinions/2002/01kk3195.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;<a href="/opinions/2002/01K3407.opn.pdf">2001-K- 3407 STATE OF LOUISIANA v. DANIEL SUGASTI&nbsp;</a>(Parish of Jefferson) (Possession of Heroin, Alprazolam and Marijuana) For the foregoing reasons, we affirm the decision of the court of appeal and remand the matter to the district court for sentencing consistent with this opinion. Defendant's right to withdraw his guilty plea is reserved. AFFIRMED; REMANDED TO DISTRICT COURT.<a href="/opinions/2002/01K3407.bjj.pdf">JOHNSON, J., dissents&nbsp;</a>and assigns reasons.&nbsp;<a href="/opinions/2002/01KP3408.opn.pdf">2001-KP- 3408 STATE OF LOUISIANA v. WAYNE MAYEUX</a>&nbsp;(Parish of Orleans) (Possession of Heroin) For reasons assigned in this matter as well as the discussion in State v. Sugasti, we affirm the ruling fo the court of appeal and remand the matter to the district court for proceedings consistent with this opinion. AFFIRMED; REMANDED TO DISTRICT COURT.<a href="/opinions/2002/01KP3408.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2002/01CC3275.pc.pdf">2001-CC- 3275 C/W 2001-CC- 3276 RONALD J. SAVOIE v. RICHARD L. RUBIN, ET AL.</a> (Parish of Orleans) For the reasons assigned, the judgment of the court of appeal is reversed. The exceptions pleading prematurity and no cause of action filed by defendants, Robert J. David, Gainsburg, Benjamin, David, Meunier &amp; Warshauer, and Richard L. Rubin, are hereby granted and the lawsuit is dismissed. All costs in this court are assessed against plaintiff.Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc sitting for Associate Justice Catherine D. Kimball, recused.&nbsp;<a href="/opinions/2002/01C3287.pc.pdf">2001-C- 3287 YSONDE BOLAND AND KURT BOLAND v. JOHN D. KLEINPETER,&nbsp;JONNIE-LU KLEINPETER, LIONEL KLEINPETER, DENISE EMMONS, MICHAEL FUTRELL, ELOISE FUTRELL, PATRICK BELLA, CHRIS BELLA, JOHN GOOCH, JASON ARTHUR COBB AND TIFFANY EDWARDS</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the court of appeal is reversed, and the judgment of the district court granting the exception of prescription filed by Michael and Eloise Futrell is reinstated. All costs in this court are assessed against plaintiffs.Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc sitting for Associate Justice Catherine D. Kimball, recused.&nbsp;<a href="/opinions/2002/02B0257.pc.pdf">2002-B- 0257 IN RE: BARRY W. BOLTON</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is ordered that Barry W. Bolton be suspended from the practice of law in Louisiana for a period of one year. Six months of that suspension shall be deferred, subject to the requirement that respondent enroll in and complete the Ethics School program sponsored by the Louisiana State Bar Association. 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's judgment until paid.<a href="/opinions/2002/02B0257.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J. <a href="/opinions/2002/02b0257.jtk.pdf">KNOLL, J., dissents&nbsp;with reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #051</div></td></tr><tr valign="top"><td 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&nbsp;15th day of October, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/14KK0282.opn.pdf">2014-KK-0282	STATE OF LOUISIANA v. MAURICE ADDISON HAWLEY</a>&nbsp;(Parish of Bossier) (Driving While Under the Influence)For this reason, we find the court of appeal erred in applying Melendez-Diaz and vacating Mr. Hawley&rsquo;s conviction. We hereby reverse the ruling of the court of appeal and reinstate defendant&rsquo;s conviction. REVERSED AND RENDERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2014/14CA0691.opn.pdf">2014-CA-0691	LOUISIANA FEDERATION OF TEACHERS, EAST BATON ROUGE FEDERATION OF TEACHERS, JEFFERSON FEDERATION OF TEACHERS, NELLIE JOYCE MEARIMAN AND KEVIN JOSEPH DEHART v. STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons stated herein, the judgment of the district court declaring Act 1 of 2012 unconstitutional pursuant to La. Const. art. III, &sect; 15 is reversed and the case is remanded to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13C2789.opn.pdf">2013-C -2789	PAUL MASSEY v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY &amp; CORRECTIONS</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we reverse the judgment of the Court of Appeal and remand this case to the Department of Public Safety and Corrections with instructions to recompute Massey&rsquo;s sentence in accordance with Act 138, the law that was in effect at the time he committed his crimes.&nbsp; REVERSED AND REMANDED TO THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.VICTORY, J., concurs. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/14CC0585.opn.pdf">2014-CC-0585	CYNTHIA HOLLIDAY v. BOARD OF SUPERVISORS OF LSU AGRICULTURAL AND MECHANICAL COLLEGE, ETC.</a>&nbsp;(Parish of Orleans)For the foregoing reasons, the judgment of the district court is reversed. We hereby grant defendant&rsquo;s Exception of No Cause of Action. This matter is remanded to district court to allow the plaintiff the opportunity to amend her petition to state a valid cause of action if she can.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2014/14C0827.opn.pdf">2014-C -0827	JERRY LEE BALDWIN v. THE BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM, THE UNIVERSITY OF LOUISIANA AT LAFAYETTE, AND NELSON SCHEXNAYDER, INDIVIDUALLY, AND IN HIS CAPACITY AS DIRECTOR OF ATHLETICS FOR THE UNIVERSITY OF LOUISIANA AT LAFAYETTE</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the decision of the court of appeal is reversed and vacated, and the judgment of the trial court granting summary judgment in favor of defendants and dismissing Baldwin's claim for breach of contract is reinstated. This matter is remanded to the trial court for further proceedings.&nbsp; REVERSED AND VACATED; TRIAL COURT JUDGMENT REINSTATED; REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2014/13C2637CW13C2717.opn.pdf">2013-C -2637 C/W 2013-C -2717	OLYMPIA MINERALS, LLC, ET AL. v. HS RESOURCES, INC., ET AL.</a>&nbsp;(Parish of Beauregard) We find no error in the conclusion that Olympia did not properly raise this issue in the district court; and, like the court of appeal, we decline to reach this issue in the first instance in this court.&nbsp; AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART; AND REMANDED TO THE COURT OF APPEAL.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/14O1528.opn.pdf">2014-O -1528	IN RE: JUSTICE OF THE PEACE STACIE P. MYERS DISTRICT 4, POINTE COUPEE PARISH STATE OF LOUISIANA</a>Accordingly, Justice of the Peace Myers is ordered suspended from judicial office without pay for twelve months, with six months deferred conditioned on her filing the requisite sworn annual financial statements for years 2007, 2008, and 2009 within three months of the date of this judgment. Justice of the Peace Myers is further ordered to reimburse and pay to the Commission $246.70 in costs.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13K1412.opn.pdf">2013-K -1412	STATE OF LOUISIANA v. QUINCY MCKINNIES, JR.</a>&nbsp;(Parish of Jefferson) (Aggravated Assault on a Peace Officer With a Firearm)For the foregoing reasons, the trial court ruling granting a new trial is reversed and vacated and the jury&rsquo;s verdict is reinstated. This matter is remanded to the trial court for sentencing of the defendant. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons. VICTORY, J., concurs. HUGHES, J., dissents.&nbsp;<a href="/opinions/2014/14CJ1119.opn.pdf">2014-CJ-1119	C.M.J. v. L.M.C., WIFE OF C.M.J.</a>&nbsp;(Parish of St. Tammany)Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Hughes, J., recused.Accordingly, we reverse the judgment of the court of appeal and reinstate the trial court&rsquo;s custody judgment, as well as the trial court&rsquo;s second judgment, containing the protective order and conditions concerning the mother&rsquo;s visitation privileges. REVERSED; TRIAL COURT JUDGMENTS REINSTATED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/14CC0288.opn.pdf">2014-CC-0288	ROY BUFKIN, JR. v. FELIPE'S LOUISIANA, LLC, ET AL.</a>&nbsp;(Parish of Orleans)Accordingly, the judgment of the district court is reversed, and summary judgment is hereby entered in favor of Shamrock Construction Co., Inc., dismissing this defendant from this action, with prejudice. We remand this matter to the district court for further proceedings consistent with the foregoing. REVERSED; JUDGMENT RENDERED; REMANDED.JOHNSON, C.J., dissents. GUIDRY, J., concurs and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2014/14C0292.opn.pdf">2014-C -0292	ASHANTI GREEN, AS TUTRIX OF THE MINORS, DAVE PETERSON III AND DAVID PETERSON v. MICHAEL JOHNSON, STATE FARM INSURANCE AGENCY, ALLSTATE INSURANCE COMPANY, AND AMERICAN SOUTHERN HOME INSURANCE</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we reverse the appellate court&rsquo;s affirmance of the district court&rsquo;s summary judgment in favor of Allstate Insurance Company, and we remand the matter to the district court for further proceedings. REVERSED AND REMANDED.VICTORY, J., concurs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2014/13OB2152.opn.pdf">2013-OB-2152	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-2792</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. Accordingly, it is ordered that the application for admission be and hereby is granted. ADMISSION GRANTED.VICTORY, J., would deny admission. GUIDRY, J., dissents and would deny admission. CLARK, J., would deny admission and assigns reasons.&nbsp;<a href="/opinions/2014/13OB2575.opn.pdf">2013-OB-2575	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1913</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. Accordingly, it is ordered that the application for admission be and hereby is granted. ADMISSION GRANTED.CLARK, J., would deny admission and assigns reasons.&nbsp;<a href="/opinions/2014/13OB2592.opn.pdf">2013-OB-2592	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1979</a>Accordingly, it is ordered that the application for admission be and hereby is denied. In accordance with Supreme Court Rule XVII, Section 9(D)(13), petitioner may not reapply for admission until two years have passed from the date of this judgment.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2014/14B1067.opn.pdf">2014-B -1067	IN RE: STACY L. MORRIS</a>Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Stacy L. Morris, Louisiana Bar Roll number 27018, be and she hereby is suspended from the practice of law for three years. It is further ordered that respondent provide an accounting and a refund of unearned fees to the cabdrivers and to the Succession of Doris Mae Lewis, or to the Louisiana State Bar Association&rsquo;s Client Assistance Fund, as applicable. 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.&nbsp;<a href="/opinions/2014/14CK1080.opn.pdf">2014-CK-1080	STATE OF LOUISIANA IN THE INTEREST OF L.D.</a>&nbsp;(Parish of Lafayette)Therefore, the court of appeal&rsquo;s opinion is affirmed. The 15th J.D.C., however, is advised to reevaluate its practices pertaining to delinquency proceedings consistent with the view expressed herein. AFFIRMED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #051</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;6th day of September, 2013, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2013/12C2064.opn.pdf">2012-C -2064	VADA GROUP, LP v. JOHN L. GLASER, APRIL MARIE GLASER BERGERON, CHARITY ANN GLASER, PAULINE MARIE GLASER, ANGELLE ALINE GLASER, THEODORE H. GLASER, III, CYNTHIA LONG STEIB, CHARLES R. GLASER, AUDREY GLASER BROWNING, JOHN BURTON PRATHER, JEANETTE PRATHER HEINEN, GEORGIE FAY PRATHER, CYNTHIA PRATHER ROBERTSON, JOHNNIE PRATHER OLINGER, YVONNE PRATHER CRAMER, MICHAEL J. CRAMER, ANTHONY E. CRAMER, RHENA VIENNE CRAMER, BRENT BEAUVAIS, CYNTHIA MARIE BEAUVAIS, JODIE HENDERSON WILLIAMS, SR., CHARLES G. CHAUVIN, STACY MARIE CHAUVIN GUEHO, GRETCHEN ANN CHAUVIN ALLEMAN, JASON ANDREW CHAUVIN, ADAIR CHAUVIN CHUTZ, SHIRLEY BALLARD ELAM, FREDERICK DOMINGUE, MICHAEL NORTHERN, SYLVIA NORTHERN, BRENDA SAM AND DAVID MICHAEL MOYE</a>(Parish of Pointe Coupee)This writ application was granted to determine a single issue. A thorough review of the record and arguments reveals that issue is not properly before this court. Accordingly, we recall this writ application.&nbsp; WRIT GRANT RECALLED; WRIT DENIED.WEIMER, J., dissents and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #051</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;13th day of September, 2006, is as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2006/06C2190.pdf">2006-C- 2190 MAX T. MALONE, ET AL. v. JOE SHYNE</a>&nbsp;(Parish of Caddo) Accordingly, the judgment of the court of appeal is affirmed. The challenge to the candidacy of Mr. Shyne is hereby dismissed. AFFIRMED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns additional reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #051</div></td></tr><tr valign="top"><td 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&nbsp;29th day of June, 2005, are as follows: BY CALOGERO, C.J.: <a href="/opinions/2005/05CC0074.pdf">2005-CC-0074 BECKY BOUTON STELLUTO v. DONALD LOUIS STELLUTO</a>&nbsp;(Parish of Orleans) The judgment of the court of appeal reversing the trial court's denial of Mr. Stelluto's exception of lack of subject matter jurisdiction with respect to the custody claim is reversed. The trial court's judgment denying the exception is reinstated, and the case is remanded to the trial court for determination of the custody claim and any other remaining claims. REVERSED AND REMANDED. VICTORY, J., dissents for the reasons assigned by Weimer, J. TRAYLOR, J., dissents for reasons assigned by Weimer, J. KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2005/05O0783.pdf">2005-O- 0783 IN RE: JUSTICE OF THE PEACE WADE COOK,&nbsp;JUSTICE OF THE PEACE COURT&nbsp;DISTRICT 1, PARISH OF SABINE, STATE OF LOUISIANA</a> (Judiciary Commission of Louisiana) Accordingly, it is ordered, adjudged, and decreed that the respondent, Justice of the Peace Wade Cook, District 1, Parish of Sabine, State of Louisiana, be, and is hereby, removed from office, and that his office be, and is hereby, declared to be vacant. Furthermore, pursuant to La. Sup. Ct. Rule XXIII, &sect;22, we cast the respondent with $129.50 for the costs incurred in the investigation and prosecution of his case. REMOVAL FROM JUDICIAL OFFICE ORDERED. &nbsp;&nbsp;BY KIMBALL, J.: <a href="/opinions/2005/04C1089.pdf">2004-C- 1089 MALLARD BAY DRILLING, INC. v. JOHN NEELY KENNEDY, SECRETARY OF&nbsp;DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a> (Parish of Iberia) For all the above reasons, we find that Act 40 is inapplicable to the instant suit which was pending prior to the Act's effective date. Furthermore, we find that under the provisions of La. R.S. 47:305.1(B)as they existed prior to the effective date of Act 40, Mallard is not the owner or operator of a "vessel." Accordingly, it is not entitled to the exemption provided by La. R.S. 47:305.1(B). Furthermore, we find that the provisions of La. R.S. 47:305(E)do not prohibit the imposition of the sales tax on diesel fuel sold, delivered, and consumed in Louisiana. Finally, we conclude that the imposition of the tax does not violate the Commerce Clause. Mallard's request for a refund of the sales taxes at issue was properly denied by the DOR and the Board. The court of appeal's judgment to the contrary is erroneous. Consequently, the judgment of the court of appeal affirming the judgment of the district court is reversed. REVERSED. JOHNSON, J., concurs in part, dissents in part and assigns reasons. WEIMER, J., concurs in the result. &nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2005/04CC2893.pdf">2004-CC-2893 LEA SINCLAIR FILSON, ET AL. v. WINDSOR COURT HOTEL, ET AL</a>. (Parish of Orleans) For the reasons expressed herein, the judgment of the court of appeal is affirmed. AFFIRMED. CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., dissents. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2005/05O0782.pdf">2005-O- 0782 IN RE: JUSTICE OF THE PEACE R. E. CHAFFIN, JUSTICE OF THE PEACE COURT, WARD 4 PARISH OF EVANGELINE STATE OF LOUISIANA</a> (Judiciary Commission of Louisiana) IT IS ORDERED that Justice of the Peace R. E. Chaffin be suspended from the office of Justice of the Peace for a period of one year, with the suspension being totally deferred. It is further ordered that Justice of the Peace R.E. Chaffin be placed on probation for the remainder of his term of office, with the probationary condition being that he strictly comply with the requirements of La. R.S. 49:251.1. Any failure by Respondent to comply with this condition during the probationary period will be grounds for making the deferred suspension executory or imposing additional discipline, as appropriate. IT IS FURTHER ORDERED that costs and expenses in the matter in the amount of $220.50 are assessed against Respondent with legal interest to commence 30 days from the date of finality of this Court's judgment until paid. KIMBALL, J., dissents and would impose an actual suspension. JOHNSON, J., dissents and would impose a period of actual suspension. &nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2005/04c0485.pdf">2004-C- 0485 JAMES W. LONG, ET AL. v. STATE OF LOUISIANA</a>, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of Morehouse) JUDGMENT REVERSED, CASE REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. JOHNSON, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2005/04ka2137.pdf">2004-KA-2137 STATE OF LOUISIANA v. GLENN D. SKIPPER</a>&nbsp;(Parish of Orleans) GRANTING OF MOTION TO QUASH BILL OF INFORMATION AFFIRMED; RULING FINDING LA. R.S. 40:982 TO BE UNCONSTITUTIONAL IS REVERSED. <a href="/opinions/2005/04b2397.pdf"> </a><a href="/opinions/2005/04b2397.pdf">2004-B- 2397 IN RE: ROGER W. JORDAN, JR.</a> (Disciplinary Proceedings) 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 Roger W. Jordan, Jr., Louisiana Bar Roll number 19642, be suspended from the practice of law for a period of three months. It is further ordered that the suspension shall be deferred in its entirety, subject to the condition that any misconduct by respondent during a one-year period following the date of finality of this court's judgment may be grounds for making the deferred 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's judgment until paid. JOHNSON, J., concurs in part, dissents in part and assigns reasons. &nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2005/03ka2418.pdf">2003-KA-2418 STATE OF LOUISIANA v. JOHN DALE ALLEN</a>&nbsp;(Parish of Red River) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. Ann. &sect;15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. Ann. &sect;15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED. JOHNSON, J., concurs in part, dissents in part and assigns reasons. &nbsp;<a href="/opinions/2005/04c2804.pdf">2004-C- 2804 C/W 2004-C- 2857&nbsp; DAVE F. AGUILLARD v. AUCTION MANAGEMENT CORP.,&nbsp;</a>GILMORE AUCTION &amp; REALTY COMPANY, BANK OF NEW YORK, AND ITS SERVICER, NEW SOUTH FEDERAL SAVINGS BANK (Parish of Calcasieu) For the foregoing reasons, the judgments of the lower courts that found the contract, including the arbitration clause, adhesionary and lacking in mutuality are reversed, and this matter is stayed pending arbitration. REVERSED; STAY PENDING ARBITRATION GRANTED. KIMBALL, J., concurs in the result. JOHNSON, J., concurs in the result. WEIMER, J., dissents &amp; assigns reasons. &nbsp;<a href="/opinions/2005/04o3031.pdf">2004-O- 3031 IN RE: JUDGE KIRK GRANIER</a>, TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST. CHARLES, STATE OF LOUISIANA (Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Judge Kirk Granier be publicly censured for violating Canons 1, 2A and 2B, and 3B4 of the Code of Judicial Conduct. It is further ordered that Judge Kirk Granier reimburse the Judicial Expense Fund of the 29th Judicial District Court $2,321.78 and the Judiciary Commission of Louisiana $448. KIMBALL, J., dissents and would impose a greater sanction. JOHNSON, J., concurs. TRAYLOR, J., dissents and would impose a greater sanction. &nbsp;<a href="/opinions/2005/05ca0374.pdf">2005-CA-0374 WORLD TRADE CENTER TAXING DISTRICT v. ALL TAXPAYERS PROPERTY&nbsp;</a>OWNERS, AND CITIZENS OF WORLD TRADE CENTER TAXING DISTRICT AND NONRESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHER PERSONS INTERESTED IN OR AFFECTED IN ANY WAY BY THE EXECUTION OF A COOPERATIVE ENDEAVOR AGREEMENT BY AND AMONG THE WORLD TRADE CENTER TAXING DISTRICT, AND WTC DEVELOPMENT, LIMITED PARTNERSHIP PROVIDING FOR THE LEVY AND COLLECTION OF A TAX ON HOTEL ROOMS AND OVERNIGHT CAMPING FACILITIES WITHIN THE WORLD TRADE CENTER TAXING DISTRICT AND THE PLEDGE AND COLLATERAL ASSIGNMENT OF THE TAX PROCEEDS TO WTC DEVELOPMENT, LIMITED PARTNERSHIP (Parish of Orleans) For the foregoing reasons, we affirm the judgment of the court of appeal.&nbsp; AFFIRMED. Retired Judge Lemmie O. Hightower assigned as Associate Justice ad hoc, sitting for Associate Jusice Chet D. Traylor, recused. JOHNSON, J., dissents and will assign reasons. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2005/03ka2425.pdf">2003-KA-2425 STATE OF LOUISIANA v. GLYNN JUNIORS, JR.</a>(Parish of St. James) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED. CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. JOHNSON, J., concurs in part, dissents in part and assigns reasons. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2005/04b2947.pdf">2004-B- 2947 IN RE: J. CLEMILLE SIMON</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that J. Clemille Simon, Louisiana Bar Roll number 19996, be and he hereby is suspended from the practice of law for a period of six months. It is further ordered that all but thirty days of this suspension shall be deferred, subject to the condition that respondent shall enroll in and attend the next session of the Ethics School program offered by the Louisiana State Bar Association's Practice Assistance and Improvement Committee. Failure to comply with this condition or any other misconduct within a period of one year from the finality of this opinion 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's judgment until paid. CALOGERO, C.J., concurs in part and dissents in part, and assigns reasons. JOHNSON, J., dissents and would impose a longer period of actual suspension. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #051</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp; 1st day of June, 2001, are as follows:&nbsp;BY LEMMON, J.:<a href="/opinions/2001/00c2524.opn.pdf">2000-C- 2524 CITY OF BATON ROUGE AND PARISH OF EAST BATON ROUGE v. JOHNCA PROPERTIES, L.L.C.</a> (Parish of E. Baton Rouge) For these reasons, the judgment of the court of appeal dismissing the action is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to his retirement.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/00k1246.opn.pdf">2000-K- 1246 STATE OF LOUISIANA v. NORMAN EDWARDS</a> (Parish of E. Baton Rouge) Accordingly, we find that the lower courts did not err in determining Revised Stature 14:98(D)(2)(a) was constitutional. We further find that Article I, Section 4 contemplates both civil forfeiture and criminal forfeiture proceedings. Thus, the assignment of error is without merit, and Edwards' conviction and sentence are affirmed.Judge Anne Lennan Simon, of the Sixteenth Judicial District Court,for the Parishes of Iberia, St. Martin and St. Mary, assigned as Justice ad hoc , sitting for Associate Justice Jeffery Victory, recused.<a href="/opinions/2001/00k1246.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons&nbsp;</a>. KNOLL, J., concurs.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00b3106.pc.pdf">2000-B- 3106 IN RE: RONALD G. HAND</a> Disciplinary Proceedings Upon consideration of the record, briefs and oral argument, it is ordered that Ronald G. Hand be suspended from the practice of law in the State of Louisiana for a period of eighteen months, retroactive to the date of his September 12, 2000 interim suspension. Nine months of this suspension shall be deferred, subject to a two-year period of probation. 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's judgment until paid.Retired Judge Robert L. Lobrano sitting as Justice Pro Tempore in place of Associate Justice Harry T. Lemmon. Judge Felicia Toney Williams of the Court of Appeal, Second Circuit, sitting as Justice Pro Tempore in place of Associate Justice Bernette J. Johnson.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #050</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 17th day of November, 2023 are as follows:&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2023/23-0182.C.OPN.pdf">2023-C-00182&nbsp;CHARLIE CALDWELL JR., SHREVEPORT CITY MARSHAL AND THE SHREVEPORT CITY MARSHAL'S OFFICE VS. THE CITY OF SHREVEPORT</a>&nbsp;(Parish of Caddo) REVERSED AND RENDERED. SEE OPINION.Hughes, J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Crain, J., concurs and assigns reasons. McCallum, J., additionally concurs. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/23-0284.B.OPN.pdf">2023-B-00284&nbsp;IN RE: DAVID BAND, JR.</a> SUSPENSION IMPOSED. SEE PER CURIAM.Hughes, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. Crain, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2023/23-0343.B.OPN.pdf">2023-B-00343&nbsp;IN RE: TIM L. FIELDS</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part, dissents in part and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. &nbsp;<a href="/opinions/2023/23-0344.B.OPN.pdf">2023-B-00344&nbsp;IN RE: MARK JEFFREY NEAL</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part, dissents in part and assigns reasons. Crain, J., dissents and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #050</div></td></tr><tr valign="top"><td 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&nbsp;18th day of October, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/17KK0448.OPN.pdf">2017-KK-0448 STATE OF LOUISIANA v. KAYLA BRIGNAC</a>&nbsp;(Parish of Orleans) La. C.Cr. P. art. 895(A)(13)(a) requires that a warrantless search of a probationer&rsquo;s residence be conducted by the probation officer specifically assigned to that probationer. The determination of whether a probation officer is &ldquo;assigned to&rdquo; a particular probationer is a factual finding to be made by the district court. Based on the record in this case, we find no error in the district court&rsquo;s finding that the search of Ms. Brignac&rsquo;s residence was not conducted by the probation officer assigned to her. Accordingly, we hold the search failed to comply with the requirements of Article 895(A)(13)(a). We further find this statute provides certain privacy protections for probationers, and thus its violation resulted in an unconstitutional search under Article I, &sect;5 of the Louisiana Constitution. Because the search was unconstitutional, we hold the evidence obtained in the search should be excluded pursuant to La. C.Cr. P. art. 703(C). The district court correctly granted defendant&rsquo;s motion to suppress the evidence. Therefore, the ruling of the court of appeal is reversed, and the ruling of the district court is reinstated.&nbsp; REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in the result. CRICHTON, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2017/17KK0557.OPN.pdf">2017-KK-0557 STATE OF LOUISIANA v. AVERY JULIEN</a>&nbsp;(Parish of Orleans) Having found the search in this case did not comply with the requirements of Article 895(A)(13)(a), we further hold the search constituted an unreasonable search and invasion of Mr. Julien&rsquo;s privacy under Article I, &sect;5 of the Louisiana Constitution for the same reasons assigned this day in State v. Brignac, 17-448 (La. --/--/17), -- So. 3d. --. Thus, the evidence is properly excluded, and the district court correctly granted defendant&rsquo;s motion to suppress the evidence. See La. C.Cr. P. art. 703(C).&nbsp; AFFIRMED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in the result. CRICHTON, J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2017/16K0473.OPN.pdf">2016-K -0473 STATE OF LOUISIANA v. DERRICK A. DOTSON</a>&nbsp;(Parish of Orleans) The state&rsquo;s writ application was granted to consider whether the court of appeal erred in reversing defendant&rsquo;s conviction, finding that the trial judge abused his discretion in denying a challenge for cause of a prospective juror. During voir dire, the prospective juror gave an equivocal answer as to whether she could be impartial after indicating her mother had been the victim of a violent crime. The record of the voir dire proceeding is bereft of any information that would clarify the prospective juror&rsquo;s response, and the remainder of her responses during voir dire indicate that she would be impartial. As such, deference should have been afforded by the appellate court to the trial court&rsquo;s ruling on the challenge. The decision of the appellate court is reversed and this matter is remanded to the appellate court for determination of the remaining issue raised on appeal by defendant. For these reasons, the decision of the appellate court is reversed. This matter is remanded to the appellate court for determination of the remaining issue raised on appeal by defendant.&nbsp; REVERSED and REMANDED.GUIDRY, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons given by Guidry, J.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2017/16C1647.OPN.pdf">2016-C -1647 RON WARREN, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF DEREK HEBERT v. SHELTER MUTUAL INSURANCE COMPANY, ET AL</a>&nbsp;(Parish of Calcasieu) After reviewing the record and the applicable law in this case, we find no reversible error in the trial court&rsquo;s rulings; however, we do find the award of punitive damages was excessive and resulted in a violation of the defendant&rsquo;s right to constitutional due process. For the reasons expressed above, we affirm the lower court&rsquo;s judgment in part, amend the judgment to award $4,250,000 in punitive damages to the plaintiff, and affirm as amended.WEIMER, J., dissents and assigns reasons. CLARK, J., dissents and gives reasons. CRICHTON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/17CC0482.OPN.pdf">2017-CC-0482 PHILIP SHELTON v. NANCY PAVON</a>&nbsp;(Parish of Orleans) After reviewing the applicable law, we hold that La. Code Civ. Pro. art. 971(F)(1)(a), which states that &ldquo;[a]ny written or oral statement or writing made before a legislative, executive, or judicial body&rdquo; is an &ldquo;[a]ct in furtherance of a person&rsquo;s right of petition or free speech &hellip; in connection with a public issue,&rdquo; must nonetheless satisfy the requirement of La. Code Civ. Pro. art. 971(A)(1), that such statements be made &ldquo;in connection with a public issue&hellip;.&rdquo; We therefore conclude the court of appeal was correct in reversing the trial court&rsquo;s ruling granting Dr. Shelton&rsquo;s special motion to strike, and in awarding reasonable attorney fees and costs to Ms. Pavon as the prevailing party, to be determined by the trial court on remand. Accordingly, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMEDWEIMER, J., dissents and assigns reasons. CLARK, J., dissents for the reasons given by Justice Weimer. HUGHES, J., dissents with reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16K1160.OPN.pdf">2016-K -1160 STATE OF LOUISIANA v. SKYLAR FRANK</a>&nbsp;(Parish of Allen) Accordingly, we take this opportunity to make clear that the protections against double jeopardy mandated by the federal constitution, as restated in this state&rsquo;s constitution, fall within the analytical framework set forth in Blockburger and Louisiana courts need only apply that framework in analyzing questions of double jeopardy. Because no double jeopardy violation is apparent here under Blockburger, we reverse in part the court of appeal and reinstate defendant&rsquo;s conviction and sentence for attempted felony carnal knowledge of a juvenile. REVERSED IN PART&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2017/17B0178.OPN.pdf">2017-B -0178 IN RE: RONALD SEASTRUNK</a> The disclosure obligations found in Rule 3.8(d) of the Louisiana Rules of Professional Conduct and in Brady v. Maryland are coextensive. For this reason, we find ODC failed to meet its burden of proof in this case and dismiss all charges against respondent.JOHNSON, C.J., concurs in result. WEIMER, J., concurs and assigns reasons. HUGHES, J., concurs with reasons.&nbsp;&nbsp;BY GENOVESE, J.: <a href="/opinions/2017/17C0698.OPN.pdf">2017-C -0698 NIKOLA P. VEKIC v. DRAGUTIN POPICH, MARY A. POPICH &amp; HELEN HARRIS POPICH</a>&nbsp;(Parish of St. Bernard) This case concerns a contractual dispute regarding which party is entitled to the proceeds from the BP oil spill settlement for damages to certain oyster leases. We disagree with the Court of Appeal and find that the trial court did not err in accepting evidence beyond the four corners of the contract at issue and did not manifestly err in its factual findings and ultimate interpretation that the agreement at issue entitled the plaintiff to the settlement proceeds for property damage to the leases at issue. For the foregoing reasons, we reverse the Court of Appeal&rsquo;s decision and reinstate the trial court&rsquo;s judgment.&nbsp; REVERSED.WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2017/16K0043.OPN.pdf">2016-K -0043 STATE OF LOUISIANA v. CALVIN LOUIS NOEL, III AKA - CALVIN NOEL</a>&nbsp;(Parish of Lafayette) We agree with the court of appeal that defendant produced an indicia of insanity and we further agree with Judge Conery that the district court erred in finding good cause was not shown because defendant was engaging in a dilatory tactic. Accordingly, we reverse the court of appeal, vacate the conviction and sentence, and remand for a new trial. REVERSED AND REMANDEDGUIDRY, J., dissents.&nbsp;&nbsp;<a href="/opinions/2017/16K0750.OPN.pdf">2016-K -0750 STATE OF LOUISIANA v. FAHIM A. SHAIKH</a>&nbsp;(Parish of Beauregard) While it may be true that the sentence is longer than those imposed in other cases, this fact alone does not demonstrate a manifest abuse of discretion on the part of the trial court. Moreover, it is important to note that while defendant received the maximum sentence, the trial court suspended 40% of that sentence. Thus, defendant will likely serve far less than the five years imposed. Under the circumstances, the sentence is an acceptable exercise of the trial court&rsquo;s broad discretion. Therefore, we reinstate the sentence for simple kidnapping as originally imposed. Because defendant argued on appeal that his sentence for indecent behavior is excessive, which issue the court of appeal did not reach because it vacated the underlying conviction, see Shaikh, 15-0687, p. 24, 188 So.3d at 425 (&ldquo;Shaikh&rsquo;s assignment of error with respect to the sentence imposed for indecent behavior of a juvenile is moot given our reversal and vacating of same.&rdquo;), we remand this matter to the court of appeal for consideration of this pretermitted claim. REVERSED AND REMANDED&nbsp;<a href="/opinions/2017/16K0797.OPN.pdf">2016-K -0797 STATE OF LOUISIANA v. KEITH C. KISACK</a>&nbsp;(Parish of Orleans) Accordingly, we reverse the court of appeal in part to vacate the habitual offender adjudication that immediately followed the failure to observe the statutory sentencing delay and remand this matter to the district court for further proceedings consistent with the views expressed here. REVERSED IN PART AND REMANDED&nbsp;<a href="/opinions/2017/16CK0939.OPN.pdf">2016-CK-0939 STATE IN THE INTEREST OF C.T.</a>&nbsp;(Parish of E. Baton Rouge) The totality of the circumstances here, when viewed in the light most favorable to the State under the due process standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), sufficed to exclude every reasonable hypothesis of innocence regarding C.T.&rsquo;s criminal intent. See generally R.S. 15:438; see State v. Jacobs, 504 So.2d 817, 820 (La. 1987) (all direct and circumstantial evidence must meet the Jackson test). Finding no error in the court of appeal&rsquo;s ruling, we affirm. AFFIRMEDJOHNSON, C.J., dissents for the reasons assigned by Genovese, J. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/17OK0081.OPN.pdf">2017-OK-0081 STATE OF LOUISIANA v. CALVIN LEWIS</a>&nbsp;(Parish of Jefferson) Finding the evidence sufficient, when viewed in the light most favorable to the prosecution under the due process standard of Jackson v. Virginia, for the trial court to reasonably conclude defendant operated his vehicle while intoxicated until it stalled, we reverse the court of appeal and reinstate defendant&rsquo;s conviction and sentence. REVERSED&nbsp;<a href="/opinions/2017/17B0453.OPN.pdf">2017-B -0453 IN RE: ADAM ANTHONY ABDALLA</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 Adam Anthony Abdalla, Louisiana Bar Roll number 30370, be and he hereby is disbarred, retroactive to October 22, 2014, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.HUGHES, J., dissents for the reasons given by Crichton, J. CRICHTON, J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by Justice Crichton.&nbsp;<a href="/opinions/2017/17B0874.OPN.pdf">2017-B -0874 IN RE: C. MIGNONNE GRIFFING</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 C. Mignonne Griffing, Louisiana Bar Roll number 19601, be and she hereby is suspended from the practice of law for one year and one day. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for one year, subject to 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.Retired Judge Hillary Crain assigned as Justice ad hoc, sitting for Clark, J., recused.JOHNSON, C.J., concurs in discipline assigned. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #050</div></td></tr><tr valign="top"><td 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&nbsp;14th day of October, 2015, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2015/15C0477.opn.pdf">2015-C -0477	PATRICIA ANN THOMPSON v. WINN-DIXIE MONTGOMERY, INC., ET AL.</a>&nbsp;(Parish of Iberia)For the above reasons, we reverse the judgment of the court of appeal as to apportionment of liability and reinstate the district court&rsquo;s judgment on the jury&rsquo;s allocation of fault. We likewise reverse the court of appeal&rsquo;s judgment assessing 100% of the costs to Winn-Dixie and reinstate the district court&rsquo;s order taxing Winn-Dixie and Ms. Thompson each with 50% of the costs. REVERSED AND RENDERED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2015/14CK1996.opn.pdf">2014-CK-1996	STATE OF LOUISIANA v. TERRENCE ROBERSON</a>&nbsp;(Parish of E. Baton Rouge) (Armed Robbery and Attempted Second Degree Murder)For the foregoing reasons, the Court of Appeal&rsquo;s ruling reversing the District Court&rsquo;s grant of the motion to quash is affirmed. This matter is remanded to the District Court for further proceedings.&nbsp; AFFIRMED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2015/14C2607.opn.pdf">2014-C -2607	JOHN C. MCCARTHY, INDIVIDUALLY AND AS TRUSTEE OF THE KATHLEEN MCCARTHY BALDEN TRUST, AND MAJORIE M. MOSS v. EVOLUTION PETROLEUM CORPORATION, FORMERLY KNOWN AS NATURAL GAS SYSTEMS, INC., AND NGS SUB CORPORATION</a>&nbsp;(Parish of Richland)For the foregoing reasons, the judgment of the appellate court is reversed and the ruling of the district court granting the defendants&rsquo; exception of no cause of action and dismissing the case with prejudice is reinstated.&nbsp; REVERSED.JOHNSON, C.J., dissents and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14K1172.opn.pdf">2014-K -1172 STATE OF LOUISIANA v. TOBY JAMES FRUGE</a>&nbsp;(Parish of Lafayette) (Forcible Rape 2 Counts)Finding no manifest abuse of the district court&rsquo;s broad sentencing discretion in this case, we reverse those portions of the appellate court decision that (1) vacated the simple rape sentence and (2) remanded the matter to the district court for resentencing. The district court&rsquo;s simple rape sentence is reinstated, and the matter is remanded for execution of the sentence. REVERSED IN PART; SIMPLE RAPE SENTENCE REINSTATED; REMANDED FOR EXECUTION OF SENTENCE.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2015/15C0087.opn.pdf">2015-C -0087	JENNIFER DIANE NUNEZ v. PINNACLE HOMES, L.L.C. AND SUA INSURANCE COMPANY</a>&nbsp;(Parish of Cameron)For the reasons set forth above, the judgment of the court of appeal affirming the trial court&rsquo; judgment in favor of the plaintiff is reversed insofar as it finds the individual member of the L.L.C. personally liable. Judgment is hereby rendered in favor of the defendant, Mr. Lenard, in his individual capacity as a member of the L.L.C., dismissing all claims against him. REVERSED; JUDGMENT RENDERED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2015/14CC1708.opn.pdf">2014-CC-1708 THELMA AISOLA v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION</a>&nbsp;(Parish of St. Bernard)For these reasons, we find the doctrine of lis pendens applies to the plaintiffs&rsquo; individual actions even though they were not named parties or joined in the first-filed class actions. Accordingly, the trial court erred in denying the defendant's exception of lis pendens as to plaintiff's Oubre, Orrill, Press, and Christenberry claim. The court&rsquo;s ruling overruling the exception of lis pendens is hereby reversed, and the matter is remanded to the district court for further proceedings.&nbsp; REVERSED AND REMANDED.JOHNSON, C.J., concurs in result.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2015/15C0536.opn.pdf">2015-C -0536	JOSEPH E. BOUDREAUX, II v. JENNIFER BOUDREAUX C/W JENNIFER ANNE THERIOT BOUDREAUX v. JOSEPH ELTON BOUDREAUX, II</a>&nbsp;(Parish of Terrebonne)Accordingly, we reverse the court of appeal&rsquo;s judgment that sustained Jennifer&rsquo;s exception of no right of action and reverse the judgment that vacated the reduced child support order. REVERSED AND RENDERED.KNOLL, J., dissents and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2015/14KP2091.opn.pdf">2014-KP-2091 STATE OF LOUISIANA v. RONALD MARSHALL</a>&nbsp;(Parish of Orleans)&nbsp; (Armed Robbery)Accordingly, the court of appeal&rsquo;s decision that granted respondent&rsquo;s writ, in part, ordering the trial court to conduct an evidentiary hearing to consider respondent&rsquo;s ineffective assistance of counsel claims, and to issue a subpoena duces tecum to obtain Ms. Hudson&rsquo;s time sheets, is vacated and the trial court&rsquo;s judgment denying respondent&rsquo;s claims for post-conviction relief is reinstated.&nbsp; VACATED AND TRIAL COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2015/14KP1214cw14KP1238.opn.pdf">2014-KP-1214 C/W 2014-KP-1238	STATE OF LOUISIANA v. JESSIE M. GRIFFIN, II</a>&nbsp;(Parish of Union) (Payment of Cost of Investigation and Prosecution)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated. REVERSED.&nbsp;<a href="/opinions/2015/15C0136.opn.pdf">2015-C -0136	DEAN BORN v. CITY OF SLIDELL</a>&nbsp;(Parish of St. Tammany)After twenty-four years of service with the City of Slidell, Mr. Born retired on August 1, 2008, and having met the necessary requirements, he elected to continue his health insurance coverage under &sect;21-21(b)(1) of the Code of Ordinances of the City in accordance with his agreement with the City. Not only do we find plaintiff&rsquo;s suit was not prescribed, we further conclude that Ordinance 3493 cannot be retroactively applied to plaintiff in this instance, as such an application serves to divest the plaintiff of his vested right in the benefits which he was owed under his contract with the City of Slidell. AFFIRMED.GUIDRY, J., dissents in part and concurs in part and assigns reasons.&nbsp;&nbsp;PER CURIAMS: <a href="/opinions/2015/14K1511.opn.pdf">2014-K -1511	STATE OF LOUISIANA v. MICHAEL D. ELLIS</a>&nbsp;(Parish of Caddo) (Possession of Cocaine with Intent to Distribute)Accordingly, the court of appeal&rsquo;s decision is reversed and the matter is remanded to the court of appeal for consideration of the remaining assignments of error.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2015/14K1801.opn.pdf">2014-K -1801	STATE OF LOUISIANA v. WILLIAM J. GRAHAM</a>&nbsp;(Parish of St. Tammany) (Molestation of a Juvenile)For the reasons above, the matter is remanded to the trial court to enter a post-verdict judgment of acquittal.&nbsp; REVERSED AND REMANDED.GUIDRY, J., dissents.&nbsp;<a href="/opinions/2015/15C0247.opn.pdf">2015-C -0247	KENNETH H. LOBELL, ET AL. v. CINDY ANN ROSENBERG, ET AL.</a>&nbsp;(Parish of Orleans)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it finds the lease was not properly terminated. The judgment of the district court holding the lease was properly terminated is reinstated. The case is remanded to the court of appeal for further proceedings consistent with this opinion.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2015/15C0324.opn.pdf">2015-C -0324	DR. RALPH SLAUGHTER v. LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it finds the Louisiana State Employees&rsquo; Retirement System failed to prove that it followed the proper procedure before initiating action to reduce and recoup plaintiff&rsquo;s retirement benefits. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court for further proceedings not inconsistent with this opinion. All costs in this court are assessed against plaintiff.JOHNSON, C.J., concurs and assigns reasons.&nbsp;<a href="/opinions/2015/15C0530.opn.pdf">2015-C -0530	THE BANK OF NEW YORK MELLON, ET AL. v. WHITNEY BLAINE SMITH, ET UX.</a>&nbsp;(Parish of Grant)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court granting summary judgment in favor of George Dean, Jr. and Dean Morris, L.L.P. is reinstated.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #050</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;14th day of July, 2000, are as follows:&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/00c0151.OPN.PDF">2000-C- 0151 MARY FUSILIER AND LLOYD FUSILIER, SR. IND. AND AS LEGAL GUARDIAN&nbsp;OF THE MINOR LLOYD FUSILIER, III v. EDWARD (NED) DAUTERIVE, JR.,&nbsp;M.D., ET AL</a> (Parish of Iberia) For the foregoing reasons, we hold that the jury was manifestly erroneous in concluding that Dr. Dauterive was not negligent. Accordingly, we reverse the court of appeal's decision to affirm the jury's verdict and remand this matter to the court of appeal to assess damages. REVERSED AND REMANDED.MARCUS, J., not on panel. Rule IV, Part 2, &sect;3. LEMMON, J., concurs.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 25th day of October, 2024 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2024/24-0359.CD.OPN.pdf">2024-CD-00359&nbsp;THERESA FISHER VS. STEVEN HARTER, JR., ET AL.</a>&nbsp;(Parish of Caddo) REVERSED; REMANDED WITH INSTRUCTIONS. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. McCallum, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2024/23-1716.CC.OPN.pdf">2023-CC-01716&nbsp;HUBERTO MARTINEZ VS. AMERICAN TRANSPORT GROUP RISK RETENTION GROUP, INC., SALAH DAHIR AND STARR CARRIERS, LLC C/W ADA LICONA, ROSA RIVERA AND SALBADOR FLORES VS. AMERICAN TRANSPORTATION GROUP RISK RETENTION GROUP, INC., SALAH DAHIR, STARR CARRIERS, LLC, ALLSTATE COUNTY MUTUAL INSURANCE COMPANY</a>&nbsp;(Parish of Caddo) RENDERED AS AMENDED AND REMANDED. SEE OPINION.Weimer, C.J., concurs in the result and assigns reasons. &nbsp;<a href="/opinions/2024/24-0500.C.OPN.pdf">2024-C-00500&nbsp;LOUISIANA BOARD OF ETHICS IN THE MATTER OF MICHELLE BARNETT</a> REVERSED. SEE OPINION.Crain, J., concurs. &nbsp;&nbsp;<h1>BY Knoll, J.:</h1><a href="/opinions/2024/24-0449.CQ.OPN.pdf">2024-CQ-00449&nbsp;POLICE JURY OF CALCASIEU PARISH VS. INDIAN HARBOR INSURANCE CO., ET AL.</a> CERTIFIED QUESTIONS ANSWERED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2024/24-0976.O.OPN.pdf">2024-O-00976&nbsp;IN RE: JUDGE VERCELL FIFFIE FORTIETH JUDICIAL DISTRICT COURT ST. JOHN THE BAPTIST PARISH STATE OF LOUISIANA</a> SUSPENSION IMPOSED. SEE OPINION.Weimer, C.J., concurs in part and dissents in part and assigns reasons. Hughes, J., dissents in part and assigns reasons. Crichton, J., additionally concurs and assigns reasons. McCallum, J., concurs and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2024/23-1029.CC.OPN.pdf">2023-CC-01029&nbsp;RAFAEL ANTONIO MENA CHAVEZ A/K/A SERGIO BALBOA, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN, INGRID MENA PEREZ AND KELVIN PEREZ AND PLAINTIFF-INTERVENORS EMR (USA HOLDINGS), INC., AND SOUTHERN RECYCLING, LLC VS. METSO MINERALS INDUSTRIES, INC. N/K/A METSO OUTOTECH USA, INC. AND ABC INSURANCE COMPANY</a>&nbsp;(Parish of Orleans Civil) REVERSED; MOTION TO DISMISS GRANTED WITH PREJUDICE; REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Weimer, C.J., and Griffin, J. Crichton, J., additionally concurs and assigns reasons. Griffin, J., dissents for the reasons assigned by Weimer, C.J., and assigns additional reasons. &nbsp;<a href="/opinions/2024/23-1364.CC.OPN.pdf">2023-CC-01364&nbsp;BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE VS. ALLEN BICKHAM, ET AL.</a>&nbsp;(Parish of Orleans Civil) AFFIRMED. SEE OPINION.Crichton, J., additionally concurs and assigns reasons. Crain, J., concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2024/23-1649.C.OPN.pdf">2023-C-01649&nbsp;BRITTANY NICOLE HOWE, INDIVIDUALLY AND AS NATURAL TUTRIX OF GRAYSON KONRAD, A MINOR VS. SAMANTHA GAFFORD AND THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF LOUISIANA</a>&nbsp;(Parish of Desoto) REVERSED AND REMANDED. SEE OPINION.Retired Judge Charles Lee Porter, appointed Justice ad hoc, sitting for McCallum, J., recused.Weimer, C.J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Crain, J., concurs and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/23-0722.K.OPN.pdf">2023-K-00722&nbsp;STATE OF LOUISIANA VS. CARLOS ANTHONY TOBY</a>&nbsp;(Parish of Lafayette) REVERSED AND REMANDED. SEE PER CURIAM.Griffin, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2024/23-1609.KO.OPN.pdf">2023-KO-01609&nbsp;STATE OF LOUISIANA VS. FREDERICK CURTIS MANGRUM</a>&nbsp;(Parish of Washington) REVERSED AND REMANDED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2024/24-0520.B.OPN.pdf">2024-B-00520&nbsp;IN RE: NED FRANKLIN PIERCE SONNIER, SR.</a> DISBARMENT IMPOSED. SEE PER CURIAM.&nbsp;<a href="/opinions/2024/24-0620.B.OPN.pdf">2024-B-00620&nbsp;IN RE: DESHA M. GAY</a> SUSPENSION IMPOSED. SEE PER CURIAM.Crichton, J., concurs in part and dissents in part and assigns reasons. &nbsp;<a href="/opinions/2024/23-0864.KP.OPN.pdf">2023-KP-00864&nbsp;CHERI HAYDEN VS. FREDERICK BOUTTE, WARDEN</a>&nbsp;(Parish of Jefferson) REVERSED AND REMANDED. SEE PER CURIAM.&nbsp;&nbsp;</div></div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style>&nbsp;The Opinion handed down on the 10th day of November, 2022 is as follows:<h1>BY Griffin, J.:</h1><a href="/opinions/2022/21-01788.K.OPN.pdf">2021-K-01788 STATE OF LOUISIANA VS. KENNETH JAMES GLEASON</a> (Parish of East Baton Rouge) COURT OF APPEAL REVERSED; APPEAL DISMISSED; REMANDED TO TRIAL COURT WITH INSTRUCTIONS.Crichton, J., concurs in part, dissents in part, and assigns reasons.&nbsp;</div></div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 10th day of December, 2021 are as follows: <h1>BY Weimer, C.J.:</h1><a href="/opinions/2021/20-0815.C.OPN.pdf">2020-C-00815 IN RE: SUCCESSION OF THE ESTATE OF ROBERT CHARLES JOHNSON</a> (Parish of Livingston) REVERSED; SEE OPINION.Crichton, J., concurs and assigns reasons. McCallum, J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/opinions/2021/21-0209.C.OPN.pdf">2021-C-00209 LUIGI MALTA, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILD, GIOVANNI MALTA VS. HERBERT S. HILLER CORPORATION, HILLER OFFSHORE SERVICES, INC., THE HILLER COMPANIES, INC., HELIS ENERGY, L.L.C. AND HELIS ENTERPRISES, INC.</a> (PARISH OF ORLEANS CIVIL) AMENDED IN PART. AFFIRMED AS AMENDED. REMANDED. SEE OPINION.Hughes, J., dissents and assigns reasons. Griffin, J., concurs in part, dissents in part and assigns reasons.&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2021/21-0011.CC.OPN.pdf">2021-CC-00011 TERESA KELLEHER VS. UNIVERSITY MEDICAL CENTER MANAGEMENT CORPORATION D/B/A UNIVERSITY MEDICAL CENTER NEW ORLEANS</a> (PARISH OF ORLEANS CIVIL) AFFIRMED. REMANDED. SEE OPINION.Genovese, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2021/21-0552.OC.OPN.pdf">2021-OC-00552 CALCASIEU PARISH SCHOOL BOARD SALES &amp; USE DEPARTMENT, ET AL. VS. NELSON INDUSTRIAL STEAM COMPANY</a> (PARISH OF CALCASIEU) AFFIRMED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Weimer, C.J.&nbsp;<h1>BY Crain, J.: </h1><a href="/opinions/2021/20-1134cw1143cw1156.CJ.OPN.pdf">2020-CJ-01134 c/w 2020-CJ-01143 c/w 2020-CJ-01156 KAREN COHEN KINNETT VS. JARRED BRANDON KINNETT</a> (PARISH OF JEFFERSON) REVERSED IN PART. REMANDED. SEE OPINION.Hughes, J., dissents and assigns reasons. Genovese, J., dissents. Griffin, J., dissents.<a href="/opinions/2021/20-1167.CC.OPN.pdf">2020-CC-01167 ANN MARIE AURICCHIO AND PATRICK HOGAN VS. LYNEIGH J. HARRISTON</a> (PARISH OF ORLEANS CIVIL) ORDER GRANTING LEAVE TO FILE OPPOSITION REVERSED. SUMMARY JUDGMENT VACATED. REMANDED. SEE OPINION.Hughes, J., additionally concurs and assigns reasons. Griffin, J., additionally concurs and assigns reasons.&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2021/21-0061.C.OPN.pdf">2021-C-00061 CHERYL AND MICHAEL MITCHELL VS. BATON ROUGE ORTHOPEDIC CLINIC, L.L.C. AND ROBERT W. EASTON, M.D.</a> (PARISH OF EAST BATON ROUGE) AFFIRMED; SEE OPINION.Hughes, J., dissents for the reasons assigned by Griffin, J. Crichton, J., dissents for the reasons assigned by Griffin, J. Griffin, J., dissents and assigns reasons.&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2021/21-1007.B.OPN.pdf">2021-B-01007 IN RE: DWAN S. HILFERTY</a> SUSPENSION IMPOSED. SEE PER CURIAM.&nbsp;<a href="/opinions/2021/21-0347.CC.OPN.pdf">2021-CC-00347 CINDY PLANCHARD VS. NEW HOTEL MONTELEONE, LLC</a> (PARISH OF ORLEANS CIVIL) JUDGMENT OF THE DISTRICT COURT REVERSED. MOTION FOR SUMMARY JUDGMENT GRANTED. SEE PER CURIAM.Hughes, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2021/20-0174.K.OPN.pdf">2021-K-00174 STATE OF LOUISIANA VS. NOE A. AGULIAR-BENITEZ AKA NOE AGUILAR-BENITEZ</a> (PARISH OF JEFFERSON) REVERSED. SEE PER CURIAM.Hughes, J., dissents and would affirm the decision of the court of appeal. Crichton, J., additionally concurs and assigns reasons. Crain, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2021/20-1233.K.OPN.pdf">2020-K-01233 STATE OF LOUISIANA VS. ELIZABETH TRAHAN A/K/A ELIZEBETH TRAHAN</a> (PARISH OF VERMILION) REVERSED. SEE PER CURIAM.Crichton, J., dissents.&nbsp;<a href="/opinions/2021/21-1151.B.OPN.pdf">2021-B-01151 IN RE: DEVONNA M. PONTHIEU</a> SUSPENSION IMPOSED. SEE PER CURIAM.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 11th day of December, 2020 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/Opinions/2020/20-0447.KK.OPN.pdf">2020-KK-00447 STATE OF LOUISIANA VS. RODERICK L. COVINGTON, SAMANTHA KELLY, AND KIFFANY SPEARS</a> (Parish of East Baton Rouge) REVERSED; DISTRICT COURT RULINGS REINSTATED. SEE OPINION.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Johnson, C.J., dissents and assigns reasons. Weimer, J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons.&nbsp;<h1>BY Genovese, J.:</h1><a href="/Opinions/2020/20-0462.C.OPN.pdf">2020-C-00462 SHEROME HANKTON VS. THE STATE OF LOUISIANA, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS (UNIVERSITY HOSPITAL), THROUGH THE BOARD OF SUPERVISORS AT LOUISIANA STATE UNIVERSITY AND DR. JOHN DOE</a> (Parish of Orleans Civil) AFFIRMED IN PART. AMENDED IN PART. AND AFFIRMED AS AMENDED. SEE OPINION.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum. Retired Judge Freddie Pitcher, Jr., assigned as Justice ad hoc, sitting for Chief Justice Bernette Johnson, recused.Weimer, J., concurs in part, dissents in part and assigns reasons. Hughes, J., concurs in part, dissents in part and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;<h1>BY Boddie, J.:</h1><a href="/Opinions/2020/20-0313.CA.OPN.pdf">2020-CA-00313 KHRISTY GOINS RISMILLER, TUTRIX FOR DANIEL EDWARD GOINS VS. GEMINI INSURANCE COMPANY, MARK ISIAH GORDON AND KEITH BOONE TRUCKING, LLC C/W DAVID WATTS VS. MARK GORDON, KENNETH BOONE dba BOONE TRUCKING, KEITH BOONE TRUCKING AND GEMINI INSURANCE COMPANY C/W SHEILA SMITH VS. GEMINI INSURANCE COMPANY, KENNETH CHAD BOONE D/B/A BOONE TRUCKING, AND MARK GORDON C/W SUCCESSION OF RICHARD STEWART, JR., RAYMOND KELLY, DONNA KELLY, RICHARD STEWART, SR. AND VERA ANITA STEWART VS. MARK ISIAH GORDON, KENNETH BOONE, KEITH BOONE TRUCKING, LLC AND GEMINI INSURANCE COMPANY</a> (Parish of Concordia) VACATED IN PART; AFFIRMED IN PART; AND REMANDED. SEE OPINION.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Johnson, C.J., additionally concurs and assigns reasons. Weimer, J., dissents and assigns reasons. Crichton, J., dissents and assigns reason. Crain, J., dissents for the reasons assigned by Justice Weimer.&nbsp;<h1>PER CURIAM:</h1><a href="/Opinions/2020/19-2004.K.OPN.pdf">2019-K-02004 STATE OF LOUISIANA VS. TYRONE D. JOHNSON</a> (Parish of Richland) REVERSED. SEE PER CURIAM.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Johnson, C.J., dissents and assigns reasons.&nbsp;<a href="/Opinions/2020/20-0916.B.OPN.pdf">2020-B-00916 IN RE: JOSLYN RENEE ALEX</a> DISCIPLINE IMPOSED. SEE PER CURIAM.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Crichton, J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/Opinions/2020/20-0300.KK.OPN.pdf">2020-KK-00300 STATE OF LOUISIANA VS. RONALD SEWELL</a> (Parish of Orleans Criminal) REVERSED. SEE PER CURIAM.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Johnson, C.J., dissents and assigns reasons. Weimer, J., concurs and assigns reasons.&nbsp;<a href="/Opinions/2020/20-0692.B.OPN.pdf">2020-B-00692 IN RE: JAYMESKI PULLINS-GORHAM</a> SUSPENSION IMPOSED. SEE PER CURIAM.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Hughes, J., dissents and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion(s) handed down on the 19th day of November, 2019, are as follows:&nbsp;BY WEIMER, J.:<a href="../../opinions/2019/19-0568.KA.OPN.pdf">2019-KA-00568&nbsp;c/w 2019-KA-00569 State of louisiana vs. valentino roman hodge</a> (parish of Sabine) This case is before the court on direct appeal from a district court ruling declaring unconstitutional the jury verdict regime found in La. Const. art. I, &sect; 17 and La. C.Cr.P. art. 782, which allow for verdicts on a vote of ten of twelve jurors for felonies committed before January 1, 2019.&nbsp; The district court committed the following two interrelated errors: (i) creating, on that court&rsquo;s own initiative (sua sponte), a constitutional challenge to statutory law and to provisions of the Louisiana Constitution and (ii) striking down the jury verdict regime as unconstitutional on the basis of an earlier, nonbinding district court holding.&nbsp; Based on these errors, this court vacates the district court&rsquo;s ruling and remands for further proceedings. VACATED AND REMANDED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge James Boddie appointed Justice ad hoc, sitting for Clark, J.Johnson, C.J., dissents and assigns reasons. &nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;4th day of September, 2013, is as follows:&nbsp;BY GUIDRY, J.: <a href="/opinions/2013/12KP1410.opn.pdf">2012-KP-1410	STATE OF LOUISIANA v. ANTHONY THOMAS</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Robert L. Lobrano, assigned as Justice as hoc, sitting for Weimer, J. recused.Accordingly, we hold that defendant ultimately fails to satisfy the two-part Strickland standard for assessing claims of ineffective assistance of counsel and the district court erred in concluding otherwise. That judgment is accordingly reversed and defendant's conviction and sentence are reinstated.&nbsp; REVERSED; CONVICTION AND SENTENCE REINSTATED.JOHNSON, C.J., dissents and assigns reasons. KNOLL, J., dissents for the reasons assigned by Chief Justice Johnson.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;6th day of September, 2012, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2012/11OB2484.pdf">2011-OB-2484	IN RE: CHRISTY M. RHOADES</a> After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. Accordingly, it is ordered that the application for admission be and hereby is granted.&nbsp; ADMISSION GRANTED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td 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&nbsp;6th day of September, 2006, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2006/05kk2107.opn.pdf">2005-KK-2107 STATE OF LOUISIANA v. AMANDA M. GUTWEILER A/K/A AMANDA HYPES</a> (Parish of Rapides) (First Degree Murder - Three Counts)Writ recalled. Denied as moot. WEIMER, J., would not recall the writ. <a href="/opinions/2006/05C2298.opn.pdf">2005-C- 2298 THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITYOF GONZALES, LOUISIANA, INC. v. ALL TAXPAYERS, PROPERTY OWNERS, CITIZENS OF THE CITY OF GONZALES, STATE OF LOUISIANA AND OF THE GONZALES ECONOMIC DEVELOPMENT DISTRICT NUMBER 1 AND NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION IN SAID CITY OR DISTRICT, AND ALL OTHER PERSONS INTERESTED IN OR AFFECTED IN ANY WAY BY THE ISSUANCE OF NOT TO EXCEED $49,875,000 OF TAX INCREMENT TAXABLE AND/ OR TAX-EXEMPT REVENUE BONDS</a>&nbsp;(Parish of Ascension)For all the above reasons, we find that neither the TIF Act, as applied in this case, nor the Project at issue violate La. Const. art. VII, &sect;14(A). Similarly, we find defendants did not prove the existence of an equal protection violation. Therefore, we reject the constitutional challenges presented by defendants and affirm the judgment of the courtof appeal.&nbsp; AFFIRMED.TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents for the reasons assigned by Justice Traylor.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2006/05cc0257.opn.pdf">2005-CC-0257 KEVIN D. LAWSON, ET AL. v. MITSUBISHI MOTOR SALES OF AMERICA, INC., ET AL.</a>(Parish of Calcasieu)Therefore, we reverse the appellate court's decision, and we reinstate the jury's verdict. REVERSED; JURY VERDICT REINSTATEDRetired Judge Philip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball.VICTORY, J., concurs in the result. TRAYLOR, J., concurs and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2006/05c0470.opn.pdf">2005-C- 0470 WAYNE COSBY, KARI FITZGERALD, JOHN FITZGERALD, STAN MCDONALD, KEITHSTEVENS, KAREN WILLIAMS, CARL WILLIAMS, AND PETER OELSCHLAEGER v. HOLCOMB TRUCKING, INC., HENRY H. HOLCOMB, AND JOYCE M. HOLCOMB</a>&nbsp;(Parishof Livingston) For the reasons stated herein, the judgment of the court of appeal is reversed, the judgment of the trial court is reinstated, and the case is remanded to the court of appeal for consideration of the remaining assignments of error consistent with the reasoning of this opinion. REVERSED AND REMANDED TO THE COURT OF APPEAL.JOHNSON, J., concurs. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2006/05C2023.opn.pdf">2005-C- 2023 POWER MARKETING DIRECT, INC. v. CHRIS FOSTER</a> (Parish of Ouachita) For the foregoing reasons, the judgment of the court of appeal is reversed, and the judgment of the district court annulling the default judgment obtained against Power Marketing is reinstated. REVERSED AND RENDERED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/1998ka1078.opn.pdf">1998-KA-1078 STATE OF LOUISIANA v. ALLEN SNYDER</a>&nbsp;(Parish of Jefferson)ON REMAND FROM THE SUPREME COURT OF THE UNITED STATESAccordingly, we reinstate the following decree. In accordance with the above reasons assigned by this court, we unconditionally affirm the judgment of the trial court and the sentence of death. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that court denies his petition for certiorari; and either (a) the defendant, having filed foror and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution as provided by LSA-R.S. 15:567 (B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts.&nbsp; AFFIRMED.Retired Judge Fred C. Sexton, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeannette T. Knoll, recused.CALOGERO, C.J., dissents for reasons assigned by Kimball, J. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #049</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;7th day of June, 2002, are as follows:&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2002/01b2584.pc2.pdf">2001-B- 2584 IN RE: MARK V. MARINOFF</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Mark V. Marinoff be suspended from the practice of law in Louisiana for a period of six months. All costs and expenses in this 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's judgment until paid.VICTORY, J., concurs.&nbsp;&nbsp;<a href="/opinions/2002/02b0149.pc.pdf">2002-B- 0149 IN RE: WALTER C. DUMAS</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Walter C. Dumas be suspended from the practice of law in Louisiana for a period of one year. Six months of the suspension shall be deferred, and respondent shall be placed on probation for a period of one year, subject to the provision that any misconduct during this time will 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 the finality of this court's judgment until paid.&nbsp;VICTORY, J., dissents and would not defer any of the suspension.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;23rd day of September, 2016, is as follows:&nbsp;BY CLARK, J.: <a href="/opinions/2016/15C1806CW15C1807.OPN.pdf">2015-C -1806 C/W 2015-C -1807 BRANDY LYNN FECKE, STEPHEN C. FECKE, AND KAREN FECKE v. THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, for the above reasons, the judgment of the court of appeal is reversed insofar as it held Brandy was entitled to legal interest on an award for future medical care and ordered said interest had to be paid into the FMCF; affirmed insofar it held Brandy was not entitled to recover attorney's fees and costs from an award for future medical care prior to its placement into the FMCF; and reversed insofar as it vacated Brandy's award for loss of future earnings, and the trial court judgment awarding loss of future earnings reinstated.&nbsp; REVERSED IN PART; AFFIRMED IN PART; AND TRIAL COURT JUDGMENT REINSTATED IN PART.WEIMER, J., concurs in the result and assigns reasons.&nbsp;<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;2nd day of October, 2015, is as follows:&nbsp;BY GUIDRY, J.: <a href="/opinions/2015/14C2279.opn.pdf">2014-C -2279	EDDIE HOFFMAN v. 21ST CENTURY NORTH AMERICA INSURANCE COMPANY AND CAROLYN ELZY</a>&nbsp;(Parish of E. Baton Rouge)For the reasons set forth above, we hold that an attorney-negotiated medical discount or &ldquo;write-off&rdquo; is not a payment or benefit that falls within the ambit of the collateral source rule. Accordingly, we affirm the judgments of the lower courts. AFFIRMEDCLARK, J., concurring.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td 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&nbsp;6th day of July, 2010, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2010/09C2161.opn.pdf">2009-C -2161	ISIDORE NEWMAN SCHOOL v. J. EVERETT EAVES, INC. AND WESTPORT INSURANCE CORPORATION</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we conclude Defendant did not breach a duty owed to Newman. This finding pretermits any discussion of whether this matter was perempted under LSA-R.S. 9:5606. REVERSED.VICTORY, J., concurs in the result. GUIDRY, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2010/08KA1366.opn.pdf">2008-KA-1366	STATE OF LOUISIANA v. DUSTIN DRESSNER</a>&nbsp;(Parish of Jefferson)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing. The district court shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. Ann. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. Ann. &sect; 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2010/08K2262.opn.pdf">2008-K -2262	STATE OF LOUISIANA v. THOMAS WELLS</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the court of appeal decision is vacated and the ruling of the trial court denying the motion to suppress is reinstated. Defendant&rsquo;s conviction and sentence are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2010/09C2418.opn.pdf">2009-C -2418	ELLA HAWKINS, ET AL. v. ANDREW JOHN REDMON, ET AL.</a>&nbsp;(Parish of Avoyelles)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball. Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Justice Jeannette Knoll, recused.Accordingly, we find the district court erred in holding the exclusion of Andrew Redmon as a driver of a vehicle insured by Safeway was invalid. Likewise, the court of appeal erred in affirming that judgment. We reverse and remand to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;<a href="/opinions/2010/09CC2632.opn.pdf">2009-CC-2632 C/W 2009-CC-2635 DAVID HOGG, JOHN HOGG, GEORGE HOGG III, STEPHEN HOGG AND SANDRA DEFREESE HOGG v. CHEVRON USA, INC. F/K/A GULF OIL COMPANY, E. LEE YOUNG AND E. LEE YOUNG AND COMPANY, INC., WILLIAM BURT AND ABC INSURANCE COMPANY</a>&nbsp;(Parish of Lincoln)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, plaintiffs&rsquo; action, filed more than five years after prescription commenced to run, is prescribed. The judgment of the district court denying the motions for summary judgment filed by defendants Chevron and Young is therefore reversed. This matter is remanded to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09C2160.opn.pdf">2009-C -2160	C&amp;C ENERGY, L.L.C. AND RED SOX INVESTMENTS, L.L.C. v. CODY INVESTMENTS, L.L.C.</a>&nbsp;(Parish of Caddo)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, for the reasons set forth above, we conclude the lower courts properly found that summary judgment was warranted in favor of the plaintiffs and that the Cody Tax Sale Deed is null and void in its entirety for failure to provide notice of the tax sale to all record co-owners in indivision prior to the tax sale. The decision of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;<a href="/opinions/2010/09C2195.opn.pdf">2009-C -2195	S.J. ET AL. v. LAFAYETTE PARISH SCHOOL BOARD</a>&nbsp;(Parish of Lafayette)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we find no manifest error in the trial court&rsquo;s factual conclusion that the plaintiffs failed to prove by a preponderance of the evidence that the School Board breached its duty of reasonable supervision owed to C.C. under the circumstances of this case. The court of appeal decision is reversed and the judgment of the district court dismissing the plaintiffs&rsquo; suit is reinstated. REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY CIACCIO, J.:<a href="/opinions/2010/09C2037.opn.pdf">2009-C -2037	ROGER D. PHIPPS v. CYNTHIA NELSON SCHUPP AND ROLAND LAWRENCE CUTRER, JR.</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the summary judgment rendered in favor of Cynthia Nelson Schupp and Roland Lawrence Cutrer, Jr., is hereby vacated and the case is remanded for further proceedings. VACATED AND REMANDED.&nbsp;<a href="/opinions/2010/09KK2581.opn.pdf">2009-KK-2581 STATE OF LOUISIANA v. PORFIRIO ESCOTO</a>&nbsp;(Parish of St. Tammany)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the pills found during the search of the vehicle were lawfully seized pursuant to a valid inventory search by Officers Maricelli and Stevens. The trial court&rsquo;s determination that the evidence should be suppressed is hereby reversed and this case is remanded to the trial court for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2010/09K1355.PC.pdf">2009-K -1355	STATE OF LOUISIANA v. MARYLN A. LEBLANC</a>&nbsp;(Parish of Lafayette)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.We therefore reverse the decision below, reinstate defendant's sentence for vehicular homicide, and remand this case to the district court for execution of sentence. COURT OF APPEAL DECISION REVERSED; DEFENDANT'S SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2010/09KK1983.PC.pdf">2009-KK-1983	STATE OF LOUISIANA v. AUGUSTUS JACKSON</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, Officer Diel lawfully retrieved the evidence in the present case when he unscrewed the false bottom of the bug spray can and pulled out the marijuana. The decision of the court of appeal is therefore reversed, the ruling of the trial court denying the motion to suppress is reinstated, and this case is remanded to the trial court for further proceedings consistent with the views expressed herein. DECISION OF THE COURT OF APPEAL REVERSED; JUDGMENT DENYING THE MOTION TO SUPPRESS REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2010/09C2477.PC.pdf">2009-C -2477	MARK H. FOSHEE v. GEORGIA GULF CHEMICALS &amp; VINYLS, L.L.C.</a>&nbsp;(Parish of Iberville) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball. Accordingly, we affirm that judgment.KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents. CIACCIO, J., ad hoc, dissents for the reasons assigned by J. Knoll.&nbsp;<a href="/opinions/2010/09B2658.PC.pdf">2009-B -2658	IN RE: W. SCOTT MAXWELL</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committees and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of W. Scott Maxwell, Louisiana Bar Roll number 9074, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent shall make restitution to all clients subject of the formal charges and repay the Louisiana State Bar Association&rsquo;s Client Assistance Fund any amounts paid to claimants on his behalf. 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.&nbsp;<a href="/opinions/2010/10B0079.PC.pdf">2010-B -0079	IN RE: EDWARD M. NICHOLS, JR.</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the briefs filed by the parties, it is ordered that Edward M. Nichols, Jr., Louisiana Bar Roll number 17727, be and he hereby is suspended from the practice of law for one year, with all but six months deferred, followed by a one-year period of supervised probation. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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's judgment until paid.&nbsp;<a href="/opinions/2010/10B0323.PC.pdf">2010-B -0323	IN RE: JOHN H. CLEGG</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that John H. Clegg, Louisiana Bar Roll No. 1034, be and hereby is suspended from the practice of law for a period of one year and one day. All but six months of that suspension shall be deferred with the explicit condition that before being reinstated pursuant to Supreme Court Rule XIX, &sect; 23, in addition to complying with all other requirements set forth in &sect; 23, respondent shall provide the court with a letter from the Executive Director of the Lawyers Assistance Program confirming that he has executed a recovery agreement with the Lawyers Assistance Program. Upon reinstatement, respondent shall be placed on unsupervised probation for a period of two years, subject to the condition that he fully comply with all obligations of his recovery agreement with the Lawyers Assistance Program. 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.KNOLL, J., concurs in part and dissents in part, with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;2nd day of July, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:&nbsp; <a href="/opinions/2003/02c1479.opn.pdf">2002-C -1479 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ANR PIPELINE COMPANY v. LOUISIANA TAX COMMISSION,&nbsp;MALCOLM B. PRICE, JR., CHAIRMAN OF THE LOUISIANA TAX COMMISSION, KENNETH P. NAQUIN,JR., MEMBER OF THE LOUISIANA TAX COMMISSION, AND RUSSEL R. GASPARD, MEMBER OF THE LOUISIANA TAX COMMISSION</a> (Parish of E. Baton Rouge) The decision of the court of appeal reversing the trial court judgment granting the LTC'S exception of prematurity is affirmed. The case is remanded to the court of appeal for consideration of the LTC's exception of no cause of action. AFFIRMED AND REMANDED.Retired Judge Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents for reasons assigned by Kimball, J.&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/02cc2601.opn.pdf">2002-CC-2601 &nbsp;&nbsp;&nbsp;&nbsp;C/W &nbsp;&nbsp;&nbsp;&nbsp;2002-CC-2603 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; HAROLD ROSS PERRITT, ET UX v. GRANT DONA, M.D., ET AL&nbsp;C/W ROGER ARNOLD,&nbsp; M.D., ET UX v. GRANT A. DONA, M.D. C/W ELLA RICHMOND v. DOUGLAS C. BROWN, M.D.</a> (Parish of Ouachita) For the reasons set forth above, we conclude that the lower courts correctly ruled that interrogatories are not permissible in the medical review panel proceeding. We also affirm the court of appeal's finding that plaintiffs are not required by the MMA to allege the standard of care breached by the health care providers. However, we reverse the court of appeal's ruling that the plaintiffs can be required to respond in the district court to exceptions of no cause of action and/or vagueness. AFFIRMED IN PART; REVERSED IN PART.
 VICTORY, J., concurs. WEIMER, J., concurs and assigns additional reasons.&nbsp;&nbsp;BY KNOLL, J.&nbsp;: &nbsp;<a href="/opinions/2003/02c1539.opn.pdf">2002-C -1539 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; CHAD A. MCLIN v. INDUSTRIAL SPECIALTY CONTRACTORS, INC.&nbsp;</a>AND CNA INSURANCE COMPANIES (Office Of Workers' Compensation District 05) For the above and foregoing reasons, the judgment of the hearing officer and the court of appeal is reversed and the case is remanded to the hearing officer for an award of workers' compensation benefits. REVERSED AND REMANDEDVICTORY, J., dissents and assigns reasons. WEIMER, J., dissents for the reasons assigned by Victory, J.&nbsp;<a href="/opinions/2003/02c3102.opn.pdf">2002-C -3102 &nbsp;&nbsp;C/W&nbsp;&nbsp;&nbsp;2002-C -3110 &nbsp;&nbsp; CLIFFORD DAVIS, JR., ET AL. v. CHARLES WITT, ET AL.</a> (Parish of St. &nbsp;&nbsp; Martin) For the foregoing reasons, we reverse and set aside the judgment of the lower courts which found Sheriff Charles A. Fuselier, Sheriff of St. Martin Parish, liable and dismiss the plaintiffs' action against him. We further reverse the lower courts' order of a new trial and reinstate the jury's determination that the State of Louisiana, through the Department of Public Safety and Corrections, Office of State Police, was not liable. REVERSED AND RENDERED.JOHNSON, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.&nbsp;:&nbsp;&nbsp;<a href="/opinions/2003/02cc2675.opn.pdf">2002-CC-2675 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ROCKY WAYNE DAVID v. OUR LADY OF THE LAKE HOSPITAL,&nbsp;INC.</a> (Parish of E. Baton Rouge) The judgments of the district court and the Court of Appeal, First Circuit, overruling the peremptory exception of prescription filed by Our Lady of the Lake Hospital, Inc. are reversed, and the exception is sustained. In lieu of dismissal of Rocky Wayne David's claim, the case is remanded to the trial court to allow plaintiff fifteen days from the finality of this opinion to file an amended petition pleading the unconstitutionality of the statute at issue. In default of such amendment, plaintiff's suit is dismissed. If the plaintiff elects to amend, the district court shall conduct proceedings according to law and consistent with the views expressed in this opinion. REVERSED AND REMANDED.Retired Judge Moon Landrieu, assigned as Justice ad hoc, sitting in place of Justice Catherine D. Kimball, recused.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of May, 2001, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2001/00c1921.opn.pdf">2000-C- 1921 C/W 2000-C- 2041 NEW ORLEANS FIREFIGHTERS LOCAL 632, ET AL. v. CITY OF NEW ORLEANS, ET AL.</a> (Parish of Orleans)| For these reasons, the summary judgments of the lower courts are reversed as to back pay and future pay that were held to be forfeited by operation of Commission Rule VIII, &sect;1.2, and that portion of the motion for summary judgment is denied. In all other respects, the summary judgments of the lower courts are affirmed.Justice Harry T. Lemmon, retired, particpated in the decision which was argued prior to his retirement. Judge Anne Lennan Simon sitting as Justice Ad Hoc for Associate Justice Bernette J. Johnson, recused.&nbsp; &nbsp;&nbsp;BY CIACCIO, J., Pro Tempore&nbsp;:<a href="/opinions/2001/00c2643.opn.pdf">2000-C- 2643 IN RE: MEDICAL REVIEW PANEL FOR THE CLAIM OF MARIA MOSES</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the trial court sustaining the exception of prescription and, as a result, dissolving the medical review panel proceeding pursuant to La. Rev. Stat. 40:1299.39.1B(2)(b), is reinstated.Philip Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.JOHNSON, J., dissents.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/01ca1168.pc.pdf">2001-CA-1168 GENE DAUZAT, ET AL. v. EAST BATON ROUGE PARISH METROPOLITAN COUNCIL </a>(Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court is vacated and set aside, insofar as it declares La. R.S. 13:4521,13:4581, and 13:5105(D) unconstitutional. The pending appeal in this court is dismissed as moot, and the case is remanded to the district court for further proceedings.Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.&nbsp;<a href="/opinions/2001/00kk1838.pc.pdf">2000-KK- 1838 STATE OF LOUISIANA v. DARIEL SMITH, ET AL.</a> (Parish of Orleans) (Possession of Marijuana) Accordingly, on remand the magistrate is to determine, in light of the Supreme Court's decision in J.L., whether the initial seizure of the vehicle by officer Jackson was legal and, if not, whether the police came at their evidence, including the two marijuana cigarettes discarded by Payton and Cummings and respondent's statement to Jackson, by exploiting that primary illegality or by a means sufficiently independent to be purged of the primary taint.&nbsp;<a href="/opinions/97k1133.opn.pdf">Fisher, 97-1133 at 12</a>, 720 So.2d at 1186. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.&nbsp;<a href="/opinions/2001/01ca0466.pc.pdf">2001-CA- 0466 J. D. CROOKS, ET AL. v. METROPOLITAN LIFE INSURANCE CO., ET AL.</a> (Parish of Rapides) For the reasons assigned, the judgment of the court of appeal is vacated and set aside. This case is remanded to the district court for further proceedings consistent with this opinion.Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #048</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;6th day of July, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/00c0076.opn.pdf">2000-C- 0076 ABIGAIL FARBE v. CASUALTY RECIPROCAL EXCHANGE, ET AL</a> (Parish of Avoyelles) For the foregoing reasons, the judgment of the court of appeal is reversed insofar as it amended the judgment of the trial court to cast DOTD solidarily liable for 50% of plaintiff's recoverable damages. The judgment of the trial court finding DOTD liable for 20% of the damages is reinstated. In all other respects, the writ is recalled and denied. All costs on appeal and in this court are assessed against plaintiff.KNOLL, J., not on panel, recused. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/99ka0569.opn.pdf">1999-KA- 0569 STATE OF LOUISIANA v. DONALD TILLEY</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state postconviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.l; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/99ka3511.opn.pdf">1999-KA- 3511 STATE OF LOUISIANA v. MICHAEL GRANIER</a> (Parish of Jefferson) (Carnal Knowledge of a Juvenile) For the reasons stated, the trial court's decision, declaring subsection B of La. R.S. 14:80 unconstitutional, is reversed. The defendant's motion to quash is denied and the case is remanded to the trial court for further proceedings. REVERSED AND REMANDED.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/99ka0606.rev.opn.pdf">1999-KA- 0606 STATE OF LOUISIANA v. MITCHELL SMITH</a> (Parish of Orleans) CONSOLIDATED WITH: 1999-KA- 2015 STATE OF LOUISIANA v. LISA M. GARRETT (Parish of Orleans) 1999-KA- 2019 STATE OF LOUISIANA v. MELANIE VARNADO (Parish of Orleans) 1999-KA- 2094 STATE OF LOUISIANA v. KELLY A. BARON (Parish of Orleans) (Crime Against Nature) The Fourth Circuit Court of Appeal opinion reversing the conviction of Mitchell Smith is hereby vacated in its entirety. The conviction and sentence of Mitchell Smith ordered by the trial court are hereby reinstated. All of the judgments maintaining Motions to Quash in the consolidated cases are hereby vacated as violative of Baxley, which remains the controlling law in the Louisiana jurisprudence. The consolidated cases are remanded to the district court for further proceedings according to law and consistent with the views expressed herein. If a defendant seeks to quash the bill of information on other constitutional grounds, in order to avoid further piecemeal litigation, the trial judges are instructed to rule on all constitutional claims before the courts at that time.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99ka0606.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2000/99ka0606.htl.pdf">LEMMON, J., concurs in part and dissents in part, and assigns reasons. </a><a href="/opinions/2000/99ka0606.bjj.pdf">JOHNSON, J., concurs and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00kk0015.opn.pdf">2000-KK- 0015 STATE OF LOUISIANA v. LEON JACKSON</a> (Parish of Orleans) (Possession of a Controlled Dangerous Substance) Accordingly, we vacate the Fourth Circuit Court of Appeal and the trial court granting defendant's motion to suppress. The case is remanded to the trial court for further proceedings consistent with this opinion. VACATED AND REMANDED.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/00kk0015.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>JOHNSON, J., concurs in the remand to allow the state to establish a neutral criteria.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99c3247.pc.pdf">1999-C- 3247 DIANA N. DEVILLE v. CITY OF VILLE PLATTE, AND STATE OF LOUISIANA THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT C/W SCOTT A. MANUEL, ET UX v. DIANA N. DEVILLE, ET AL.</a> (Parish of Evangeline) Upon DOTD'S application, we granted certiorari in this case. Deville v. City of Ville Platte c/w Manuel v. Deville, 99-3247 (La. 2/11/00), 754 So.2d 921. After hearing oral argument and reviewing the record in this case, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of February 11, 2000, as improvidently granted, and deny DOTD's application.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99c3247.htl.pdf">LEMMON, J., dissents and assigns reasons&nbsp;</a>. VICTORY, J., dissents from the recall.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #047</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of May, 2004, are as follows:&nbsp;BY CALOGERO, C.J.: <a href="/opinions/2004/03KA3015.opn.pdf">2003-KA-3015 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. PARRELL MERCADEL&nbsp;</a>(Parish of Orleans) (First Degree Murder) The district court judgment declaring the specified articles of the Louisiana Code of Criminal Procedure and specified portions of Title 15 of the Louisiana Revised Statutes related to grand jury process in New Orleans unconstitutional, and quashing defendant's indictment, is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED; REMANDED TO DISTRICT COURT.&nbsp; BY VICTORY, J.:<a href="/opinions/2004/03C0492.opn.pdf">2003-C -0492 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C/W 2003-C -0502 JOSEPH BUJOL, III, ET AL. v. ENTERGYSERVICES, INC., ET AL. C/W DON A. PERKINS, ET AL. v. ENTERGY SERVICES INC., ET AL.</a>&nbsp;(Parish of Iberville) For the foregoing reasons, the judgment of the court of appeal is reversed, and plaintiffs' cases are dismissed with prejudice at their costs. REVERSED; CASES DISMISSED.Retired Judge Phillip C. Ciaccio, assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03K1834.opn.pdf">2003-K -1834 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JAMES TAYLOR</a>&nbsp;(Parish of Orleans) (Second Degree Murder) For the reasons stated herein, the judgment of the court of appeal is reversed and defendant's conviction and sentence are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03C2495.opn.pdf">2003-C -2495 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SYLVIA GREEN v. K-MART CORPORATION, ET AL.</a> (Parish of Iberia) For the foregoing reasons, the ruling of the court of appeal is affirmed in part and reversed in part. We remand this matter to the trial court for further proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.&nbsp;<a href="/opinions/2004/04O0319.opn.pdf">2004-O -0319 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MONTY L. DOGGETT</a> (Judiciary Commission of Louisiana) Accordingly, it is decreed that respondent, Judge Monty L. Doggett of the 10th Judicial District Court, Parish of Natchitoches, is hereby removed from office; and that his office is hereby declared vacant. Respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, Section 26 to refrain from qualifiying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Further, pursuant to La. Sup. Ct. Rule XXIII, Section 22, we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $5312.65.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/02KP2793.opn.pdf">2002-KP-2793 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C/W 2003-KP-2796 STATE OF LOUISIANA v. DAN BRIGHT</a> (Parish of Orleans) (First Degree Murder)&nbsp; This conviction, based on the facts of this case which include a failure to disclose what the State now admits is significant impeachment evidence, is not worthy of confidence and thus must be reversed. WRIT GRANTED; CONVICTION AND SENTENCE VACATED; CASE REMANDED FOR NEW TRIAL.&nbsp;<a href="/opinions/2004/03K2991.opn.pdf">2003-K -2991 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. MUSTAFA H. MUHAMMAD</a> (Parish of Jefferson) (Access Device Fraud, 17 Counts; Multiple Felony Offender)&nbsp; For the foregoing reasons, we overrule State ex. rel. Williams v. Henderson, 289 So.2d 74 (La. 1974), to the extent it establishes a bright line rule, and State ex. rel. Glynn v. Blackburn, 485 So.2d 926 (La. 1986); we reverse the ruling of the court of appeal in State v. Muhammad, 03-419 (La. App. 5 Cir. 9/30/03), 857 So.2d 1223, reinstate defendant's adjudication and life sentence as a fourth felony offender, and remand to the court of appeal for consideration of the other issues raised by defendant on appeal. REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2004/03CC2748.pc.pdf">2003-CC-2748 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EDWARD SCOTT, JR. v. POOLE'S CLASSIC TRAVELS, INC., ET AL.</a>&nbsp;(Parish of Orleans) For the reasons assigned, the judgment of the district court granting the motion in limine filed by plaintiff, Edward Scott, Jr., is hereby reversed. The case is remanded to the district court for further proceedings. All costs in this court are assessed against plaintiff.KIMBALL, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2004/03B3138.pc.pdf">2003-B -3138 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JACQUELINE CARR</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that the name of Jacqueline Carr, Louisiana Bar Roll number 3875, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect;24 (A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp;<a href="/opinions/2004/04B0079.pc.pdf">2004-B -0079 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: BARRY J. FONTENOT</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Barry J. Fontenot, Louisiana Bar Roll number 21279, be suspended from the practice of law for a period of nine months. All but three months of this suspension shall be deferred. Following the completion of the active portion of his suspension, respondent shall be placed on probation for a period of eighteen months subject to the conditions recommended by the hearing committee, as modified by the disciplinary board. Any violation of these conditions or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #047</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;27th day of June, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2003/02k2208.opn.pdf">2002-K -2208&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. JEREMY SIMS&nbsp;</a>&nbsp;(Parish of Orleans) (Battery on a Police Officer) Accordingly, the officers lawfully arrested defendant for battery on a police officer, and the district court properly admitted the contraband recovered during the search incident to that arrest. COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; REMANDED TO DISTRICT COURT.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2003/02ka1463.opn.pdf">2002-KA-1463 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. SEDWRIC E. CLARK&nbsp;</a>(Parish of Richland) (First Degree Murder, Two Counts) For the reasons assigned herein, defendant's convictions for first-degree murder and his sentences of death are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 5:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La.R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2003/02c2660.opn.pdf">2002-C -2660 &nbsp;&nbsp;&nbsp; ARLEN B. CENAC, JR. v. PUBLIC ACCESS WATER RIGHTS&nbsp;ASSOCIATION, JAROMY DAVAINE, JOHN KING, ORAY SAVOIE, JR., SPENCE CRESSIONIE, ANDY LEBOEF, GERALD MATHERNE, BRYAN DUFRENE, CORKY DUFRENE, ROBERT DUFRENE, JOE TOUPS, BILLY CRESSIONIE, SR., BILLY CRESSIONIE, JR., NORRIS SAMPAY, DALLY BREAUX, JR., DEAN BREAUX, ANTHONY ('LIL TONY') MARTINEZ, CODY MARTINEZ AND RON ONCALE C/W MELVA CRESSIONIE v. ARLEN B. CENAC, JR.</a> (Parish of Lafourche) The judgment of the court of appeal, which affirmed the judgment of the trial court granting a permanent injunction as to the boat launch and reversed the judgment of the trial court declaring the canal to be dedicated to the public use by implied dedication, is affirmed. AFFIRMED.Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03kk0330.opn.pdf">2003-KK-0330 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JODY L. TOLBERT&nbsp;</a>(Parish of Orleans) (Aggravated Crime Against Nature) The judgment of the trial court denying defendant's motion to introduce evidence of the victim's prior municipal convictions for impeachment purposes is reversed and the case is remanded to the trial court for further proceedings not inconsistent with this opinion. REVERSED.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2003/02ca2161.opn.pdf">2002-CA-2161 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GREGG SMITH, ET AL. v. BOARD OF TRUSTEES OF LOUISIANA&nbsp;STATE EMPLOYEES' RETIREMENT SYSTEM</a> (Parish of E. Baton Rouge) For the reasons expressed herein, the judgment of the trial court declaring La. R.S. 11:416.1 to be unconstitutional is reversed and the matter is remanded to the trial court for judgment consistent with this opinion. REVERSED AND REMANDED.KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents for reasons assigned by Knoll, J.&nbsp;<a href="/opinions/2003/02cc2870.opn.pdf">2002-CC-2870 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; L.D.SPEARS, JR. v. BEAUREGARD PARISH SCHOOL BOARD&nbsp;</a>(Parish of Beauregard) For the reasons expressed herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. The case is remanded to the trial court for further proceedings. REVERSED AND REMANDEDJOHNSON, J., concurs in result.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2003/02ka2222.opn.pdf">2002-KA-2222 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. KENNETH J. DILOSA AND JOHNNY L. WHITE, JR.&nbsp;</a>(Parish of Orleans)&nbsp;
 (Possession of Heroin, Two Counts) For the foregoing reasons, we affirm the trial court's quashing of defendants' indictment, and find that Article 412 of the Code of Criminal Procedure, as it was written in 1999, and Section 114 of Title 15 of the Louisiana Revised Statutes are unconstitutional in their entireties, and that Article 413, as it was written in 1999, and Article 414 of the Code of Criminal Procedure are unconstitutional in part, as designated above. To the extent that the judgment of the trial court might conflict with this opinion, if at all, it is overruled. The matter is remanded to trial court for further proceedings not inconsistent with this opinion. AFFIRMED.Judge Lemmie O. Hightower sitting as Justice Ad Hoc for Associate Justice Bernette J. Johnson, recused.&nbsp;<a href="/opinions/2003/02cc2852.opn.pdf">2002-CC-2852 &nbsp;&nbsp;C/W &nbsp;2002-CC-2853&nbsp;&nbsp; CHRISTINE MAYNARD BREWTON, ET UX v. UNDERWRITERS INSURANCE COMPANY, ET AL.&nbsp;</a>(Parish of Natchitoches) For the foregoing reasons, the judgment of the court of appeal is affirmed.JOHNSON, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/02c2881.opn.pdf">2002-C -2881 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LANA MARIE DAILEY ABSHIRE, ET AL.v. VERMILION PARISH SCHOOL BOARD&nbsp;</a>(Parish of Vermilion) For the foregoing reasons, we reverse the judgment of the trial court and court of appeal. We remand this matter to the trial court for determination of whether the canal servitude has terminated for non- use. REVERSED AND REMANDED.KIMBALL, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2003/02c1525.opn.pdf">2002-C -1525 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SONJA WISE v. BOSSIER PARISH SCHOOL BOARD&nbsp;</a>(Parish of Bossier) For the foregoing reasons, the judgment of the Court of Appeal, Second Circuit, is reversed and set aside. The decision of the Bossier Parish School Board to dismiss Sonja Wise as a tenured teacher is reinstated. REVERSED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents for reasons assigned by Johnson, J.&nbsp;<a href="/opinions/2003/02c1637.opn.pdf">2002-C - 1637 &nbsp;&nbsp;&nbsp;&nbsp; BRIAN CADWALLADER, ET AL. v. ALLSTATE INSURANCE COMPANY,&nbsp;ET AL.</a> (Parish of Orleans) For the foregoing reasons, the judgment of the court of appeal is reversed and set aside. The district court judgment in favor of Allstate and denying plaintiffs' motion for summary judgment is reinstated. This case is remanded to the district court for further proceedings. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs with additional reasons.&nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2003/02c2404.opn.pdf">&nbsp;2002-C -2404 &nbsp;C/W&nbsp;&nbsp;2002-C -2421&nbsp;&nbsp; BARBARA HALL, ET UX v. BROOKSHIRE BROTHERS, LTD.,&nbsp;LOUISIANA PATIENT'S COMPENSATION FUND</a> (Parish of Calcasieu) For the foregoing reasons, we affirm the decision of the Third Circuit Court of Appeal in its entirety. AFFIRMED.CALOGERO, C.J., concurs.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2003/02k1043.pc.pdf">2002-K -1043 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. WOODROW DAVIS, JR.&nbsp;</a>(Parish of Rapides) (Unauthorized Entry of an Inhabited Dwelling) The decision below is therefore reversed and this case is remanded to the court of appeal for consideration of the remaining assignments of error pretermitted on original appeal. DECISION OF COURT OF APPEAL REVERSED; CASE REMANDED FOR ADDITIONAL CONSIDERATION.&nbsp;<a href="/opinions/2003/02b3006.pc.pdf">2002-B -3006 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: GEORGE A. GUIDRY, SR. </a>(Disciplinary Proceedings) 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 the name George A. Guidry, Sr., Louisiana Bar Roll No. 6478, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b0062.pc.pdf">2003-B -0062 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: KATHERINE THOMPSON TOUSANT </a>(Disciplinary Proceedings) 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 the name of Katherine Thompson Tousant, Louisiana Bar Roll number 21918, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b0234.pc.pdf">2003-B -0234 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: FERNAND L. LAUDUMIEY, III AND DENNIS S. MANN </a>(Disciplinary Proceedings) 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 the names of Fernand L. Laudumiey, III, Louisiana Bar Roll number 8126, and Dennis S. Mann, Louisiana Bar Roll number 9095, be stricken from the roll of attorneys and that their licenses to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondents be permanently prohibited from being readmitted to the practice of law in this state. All&nbsp; costs and expenses in the matter are assessed against respondents 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b0274.pc.pdf">2003-B -0274 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: STEVEN YOUNG, I </a>(Disciplinary Proceedings) 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 respondent, Steven Young, I, Louisiana Bar Roll No. 13765, be suspended from the practice of law for a period of six months. It is further ordered that all but two months of this suspension shall be deferred. Following the completion of the active portion of this suspension, respondent shall be placed on probation for a period of six months, subject to the conditions identified in this opinion. Any violation of the conditions of probation or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension &nbsp; executory, or imposing additional discipline, as appropriate. All &nbsp; costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect; 10.1, with legal interest &nbsp; to commence thirty days from the date of finality of court's judgment &nbsp; until paid.VICTORY, J., dissents and would follow the Board's recommendation as to sanction. KNOLL, J., concurs with reasons.&nbsp;<a href="/opinions/2003/03b0425.pc.pdf">2003-B -0425 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JEFFREY S. WITTENBRINK </a>(Disciplinary Proceedings) 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 Jeffrey S. Wittenbrink, Louisiana Bar Roll number 18511, is suspended from the practice of law for a &nbsp; period of one year. All but six months of said suspension shall be deferred, subject to a two-year period of probation and the conditions articulated by the disciplinary board. The deferred portion of the suspension may become executory, in the event of misconduct by the respondent during the period of suspension and probation. 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's judgment until paid.JOHNSON, J., dissents and would assign a more severe penalty. VICTORY, J., dissents and would follow the Board's recommendation as to penalty. TRAYLOR, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03b0437.pc.pdf">2003-B -0437 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JOSEPH F. LAHATTE, JR. </a>(Disciplinary Proceedings) 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 Joseph F. LaHatte, Jr., Louisiana Bar Roll number 8102, is suspended from the practice of law for a period of two years. It is further ordered that all but six months of said suspension shall be deferred. Following completion of the active portion of his suspension, respondent shall be placed on probation for a period of four years, subject to the conditions set forth in this opinion. Any violation of the conditions of probation or any other 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's judgment until paid.&nbsp;<a href="/opinions/2003/03b0486.pc.pdf">2003-B -0486 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: IVAN DAVID WARNER, III </a>(Disciplinary Proceedings) 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 Ivan David Warner, III, Louisiana Bar Roll number 13247, be suspended from the practice of law in Louisiana 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's judgment until paid.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 20th day of October, 2023 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2023/23-0027.C.OPN.pdf">2023-C-00027&nbsp;ORIS LATOUR AND VIRGIE LATOUR VS. STEAMBOATS, LLC</a>&nbsp;(Parish of Calcasieu) REVERSED IN PART AND RENDERED. SEE OPINION.&nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2023/23-0398.CA.OPN.pdf">2023-CA-00398&nbsp;THE CARTESIAN COMPANY, INC. AND GREG GACHASSIN VS. THE DIVISION OF ADMINISTRATIVE LAW ETHICS ADJUDICATORY BOARD PANEL A AND THE LOUISIANA BOARD OF ETHICS</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED IN PART, AMENDED IN PART; AFFIRMED AS AMENDED, AND REVERSED IN PART. SEE OPINION.Hughes, J., concurs in the result. Crichton, J., concurs in part and dissents in part and assigns reasons. Crain, J., concurs in part and dissents in part and assigns reasons. McCallum, J., concurs in part and dissents in part for reasons assigned by Crichton and Crain, J.J. &nbsp;<a href="/opinions/2023/23-0483.C.OPN.pdf">2023-C-00483&nbsp;MONICA SEBBLE ON BEHALF OF THE ESTATE OF VIVIAN LEE BROWN (D) VS. ST. LUKE'S #2, LLC D/B/A ST. LUKE LIVING CENTER; WOUND CARE ASSOCIATES, LLC; AND BRIDGEPOINT HEALTHCARE LA, LLC D/B/A BRIDGEPOINT CONTINUING CARE HOSPITAL C/W IN RE: MEDICAL REVIEW PANEL PROCEEDING OF VIVIAN LEE BROWN (D)</a>&nbsp;(Parish of Orleans Civil) AFFIRMED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Crain, J., dissents for reasons assigned by Weimer, C.J. and McCallum, J. McCallum, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2023/23-0735.O.OPN.pdf">2023-O-00735&nbsp;IN RE: JUDGE G. MICHAEL CANADAY FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU STATE OF LOUISIANA</a> PUBLIC CENSURE ORDERED. SEE OPINION. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2023/23-0170.C.OPN.pdf">2023-C-00170&nbsp;HENRY PETE VS. BOLAND MARINE AND MANUFACTURING COMPANY, LLC, ET AL.</a>&nbsp;(Parish of Orleans Civil) AFFIRMED AS AMENDED. SEE OPINION.Hughes, J., concurs in part, dissents in part for reasons assigned by Griffin, J. Crichton, J., concurs in part, dissents in part, and assigns reasons. Griffin, J., concurs in part, dissents in part, and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/23-0410.C.OPN.pdf">2023-C-00410&nbsp;JOSE FLORES MORAN VS. AMTRUST NORTH AMERICA AND JACQUES-IMO CAFE, LLC</a> WRIT GRANT RECALLED. WRIT DENIED. SEE PER CURIAM.Weimer, C.J., concurs in the result and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Genovese, J., concurs in the result and assigns reasons. Griffin, J., concurs and assigns reasons. &nbsp;<a href="/opinions/2023/23-0121.C.OPN.pdf">2023-C-00121&nbsp;PATRICIA GOFF AND MARK GOFF VS. DR. ROBIN L. YUE</a>&nbsp;(Parish of Beauregard) AFFIRMED. SEE PER CURIAM.Crain, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2023/22-1654.CK.OPN.pdf">2022-CK-01654&nbsp;STATE OF LOUISIANA IN THE INTEREST OF D.W.</a>&nbsp;(Parish of St. Tammany) REVERSED AND REINSTATED. SEE PER CURIAM.Genovese, J., dissents for the reasons assigned by the court of appeal. Griffin, J., dissents for the reasons assigned by the court of appeal. &nbsp;&nbsp;<h1>ORDER:</h1><a href="/opinions/2023/23-0909.O.OPN.pdf">2023-O-00909&nbsp;IN RE: JUSTICE OF THE PEACE J. RANDY GUIDROZ DISTRICT 9, PARISH OF POINTE COUPE STATE OF LOUISIANA</a> MOTION TO DISMISS GRANTED. SEE ORDER. Weimer, C.J., dissents in part and assigns reasons. &nbsp;&nbsp;</div></div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> The Opinions handed down on the 21st day of October, 2022 are as follows:<h1>BY Hughes, J.:</h1><a href="/opinions/2022/21-0856.C.OPN.pdf">2021-C-00856</a> <a href="/opinions/2022/21-0856.C.OPN.pdf">STATE OF LOUISIANA, EX REL. JUSTIN DALE TUREAU&nbsp; &nbsp;VS.&nbsp; BEPCO, L.P., BOPCO, LLC, CHEVRON U.S.A. INC., CHISOLM TRAIL VENTURES, L.P., AND HESS CORPORATION, A DELAWARE CORPORATION</a> (Parish of East Baton Rouge) AFFIRMED, RENDERED AND REMANDED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents.&nbsp;<a href="/opinions/2022/22-0364.CQ.OPN.pdf">2022-CQ-00364</a> <a href="/opinions/2022/22-0364.CQ.OPN.pdf">MARK WIGHTMAN, DOCTOR OF DENTAL SURGERY; COURTNEY WIGHTMAN, DOCTOR OF DENTAL SURGERY; WIGHTMAN FAMILY DENTAL, L.L.C&nbsp; VS.&nbsp; AMERITAS LIFE INSURANCE CORPORATION; DENTEMAX, L.L.C.</a> CERTIFIED QUESTION ANSWERED. SEE OPINION.Crichton, J., concurs in the result and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2022/21-1893.KP.OPN.pdf">2021-KP-01893</a> <a href="/opinions/2022/21-1893.KP.OPN.pdf">STATE OF LOUISIANA&nbsp; &nbsp;VS.&nbsp; REGINALD REDDICK</a> (Parish of Plaquemines) REVERSED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. Genovese, J., concurs in part and dissents in part and assigns reasons. McCallum, J., additionally concurs and assigns reasons.&nbsp; Griffin, J., dissents and assigns reasons.&nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2022/22-0079.CC.OPN.pdf">2022-CC-00079</a> <a href="/opinions/2022/22-0079.CC.OPN.pdf">SUCCESSION OF ROSALIE HANDY LEWIS AND JOHN CHARLES LEWIS</a> (Parish of Calcasieu) AFFIRMED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. Crichton, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Crichton, J.&nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2022/22-0886.O.OPN.pdf">2022-O-00886</a> <a href="/opinions/2022/22-0886.O.OPN.pdf">IN RE: JUDGE CHARLENE CHARLET DAY, THE FAMILY COURT IN AND FOR EAST BATON ROUGE PARISH, STATE OF LOUISIANA</a> SUSPENSION IMPOSED. SEE OPINION.Hughes, J., dissents in part and assigns reasons.&nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2022/21-1906.OC.OPN.pdf">2021-OC-01906</a> <a href="/opinions/2022/21-1906.OC.OPN.pdf">STEPHEN AMEDEE &amp; TANYA AMEDEE&nbsp; VS.&nbsp; AIMBRIDGE HOSPITALITY LLC D/B/A EMBASSY SUITES NEW ORLEANS &amp; THE CITY OF NEW ORLEANS</a> (Parish of Orleans Civil) REVERSED AND REMANDED. SEE OPINION.Crain, J., concurs.&nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2022/22-0178.C.OPN.pdf">2022-C-00178</a> <a href="/opinions/2022/22-0178.C.OPN.pdf">ASHLYN FRANKS, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, ADDISON FRANKS&nbsp; &nbsp;VS.&nbsp; &nbsp;JOSHUA SIKES AND LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY</a> (Parish of Tensas) COURT OF APPEAL JUDGMENT AMENDED. SEE OPINION.&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2022/22-0571.B.OPN.pdf">2022-B-00571</a> <a href="/opinions/2022/22-0571.B.OPN.pdf">IN RE: PAUL A. LAPEYROUSE</a> SUSPENSION IMPOSED. SEE PER CURIAM.Retired Judge Freddie Pitcher, Jr., assigned Justice ad hoc, sitting for Weimer, C.J., recused.Hughes, J., dissents in part and assigns reasons. Griffin, J., dissents in part for the reasons assigned by Hughes, J.&nbsp;<a href="/opinions/2022/22-0612.B.OPN.pdf">2022-B-00612</a> <a href="/opinions/2022/22-0612.B.OPN.pdf">IN RE: STAVROS PANAGOULOPOULOS</a> SUSPENSION IMPOSED. SEE PER CURIAM. Crichton, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Crain, J.&nbsp;<a href="/opinions/2022/21-1753.CC.OPN.pdf">2021-CC-01753</a> <a href="/opinions/2022/21-1753.CC.OPN.pdf">JACOB AUGUSTINE AND BRANDI AUGUSTINE&nbsp; &nbsp;VS.&nbsp; &nbsp;SAFECO INSURANCE COMPANY OF OREGON AND JAMES BROWN</a> (Parish of Orleans Civil) DISTRICT COURT JUDGMENT VACATED. REMANDED. SEE PER CURIAM.Hughes, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2022/22-0492.B.OPN.pdf">2022-B-00492</a> <a href="/opinions/2022/22-0492.B.OPN.pdf">IN RE: JARVIS J. CLAIBORNE</a> SUSPENSION IMPOSED. SEE PER CURIAM.Crichton, J., additionally concurs and assigns reasons. Genovese, J., dissents for the reasons assigned by Crain, J. Crain, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Crain, J.&nbsp;<a href="/opinions/2022/21-1226.KP.OPN.pdf">2021-KP-01226</a> <a href="/opinions/2022/21-1226.KP.OPN.pdf">STATE OF LOUISIANA&nbsp; &nbsp;VS.&nbsp; JASON MICHAEL PILCHER</a> (Parish of Natchitoches) AFFIRMED. REMANDED. SEE PER CURIAM.Hughes, J., dissents and assigns reasons. Griffin, J., dissents.&nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td 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&nbsp;22nd day of September, 2017, are as follows:&nbsp;PER CURIAM: <a href="/opinions/2017/16C1443.OPN.pdf">2016-C-1443 JOHN W. SMITH v. HIGHLINES CONSTRUCTION CO., INC., AND THE GRAY INSURANCE COMPANY</a> In light of our opinion in Burgess v. Sewerage &amp; Water Board of New Orleans, 16-2267 (La. 6/29/17), ___ So. 3d ___, the judgment of the court of appeal is vacated and set aside insofar as it finds claimant was not entitled to reimbursement. The case is remanded to the Office of Workers&rsquo; Compensation for a determination, consistent with the interpretation of La. R.S. 23:1203(A) set forth in Burgess, of whether the out-of-state pharmacy&rsquo;s services were not available in Louisiana or whether the out-of-state pharmacy can provide services for comparable costs to those of a Louisiana pharmacy. In all other respects, the judgment of the court of appeal is affirmed.WEIMER, J., dissents and assigns reasons. GENOVESE, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2017/17B0524.OPN.pdf">2017-B-0524 IN RE: JANINNE LATRELL GILBERT</a> Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that Janinne Latrell Gilbert, Louisiana Bar Roll number 30249, be and she hereby is permanently disbarred. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent pay restitution of $2,000 plus legal interest to Denton Auzenne and/or to the Louisiana State Bar Association&rsquo;s Client Assistance Fund, 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.CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2017/17B0525.OPN.pdf">2017-B-0525 IN RE: KENNETH TODD WALLACE</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 Kenneth Todd Wallace, Louisiana Bar Roll number 25920, be and he hereby is suspended from the practice of law for a period of thirty months, with all but twelve months deferred. This suspension shall be retroactive to January 8, 2016, the date of respondent&rsquo;s interim suspension. 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.<div></div>&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;25th day of August, 2006, is as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2006/06CD2030.pdf">2006-CD-2030 STATE OF LOUISIANA v. ALL PROPERTY AND CASUALTY INSURANCE CARRIERS AUTHORIZED AND LICENSED TO DO BUSINESS IN THE STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, we affirm the judgment of the district court, finding constitutional 2006 Acts, Nos. 739 and 802. In keeping with the expedited nature of this proceeding, we order that an application seeking rehearing of this matter must be filed no later than 12:00 noon on Saturday, August 26, 2006.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;17th day of June, 2005, is as follows:&nbsp;BY KIMBALL, J.: <a href="/opinions/2005/04C1485.opn.pdf">2004-C- 1485 RANDY HANKS, ET AL. v. DR. A. KENT SEALE, ET AL</a>.(Parish of Calcasieu) For the above reasons, we conclude that the Fund is precluded from appealing a district court's judgment of liability against a qualified health care provider when the qualified health care provider has elected not to appeal that finding and has satisfied the judgment against him. Accordingly, we affirm the judgment of the court of appeal denying the Fund's right to contest liability and refusing to consider the Fund's assignment of error regarding the jury's finding of liability. Furthermore, we affirm the court of appeal's judgment upholding the jury's award of future medical expenses. AFFIRMED. CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., dissents in part and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;31st day of May, 2002, are as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2002/00k2488.opn.pdf">2000-K- 2488 STATE OF LOUISIANA v. PATRICK PALERMO</a>&nbsp;(Parish of Jefferson) C/W&nbsp; 2000-K- 2499 STATE OF LOUISIANA v. FRANK PALERMO (Parish of Jefferson) (Placing Combustible Materials)&nbsp; For the reasons stated herein, the judgments of the courts of appeal are reversed and the defendants' convictions and sentences under La. R.S. 14:54 are vacated and set aside. La. R.S. 14:54 is declared unconstitutional. The matter of State v. Frank Palermo, No. 00-K-2499, is remanded to the trial court for further proceedings in accordance with this opinion.STATE V. PATRICK PALERMO, NO. 00-K-2488: REVERSED. CONVICTION AND SENTENCE UNDER LA. R.S. 14:54 VACATED AND SET ASIDE. LA. R.S. 14:54 DECLARED UNCONSTITUTIONAL.STATE V. FRANK PALERMO, NO. 00-K-2499: REVERSED AND REMANDED. CONVICTION AND SENTENCE UNDER LA. R.S.14:54 VACATED AND SET ASIDE. LA. R.S. 14:54 DECLARED UNCONSTITUTIONAL. <a href="/opinions/2002/00k2488.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp; PER CURIAM:<a href="/opinions/2002/01k0006.pc.pdf">2001-K- 0006 STATE OF LOUISIANA v. JERMAINE JOHNSON</a> (Parish of Caddo) (Battery on a Police Officer) The decision of the court of appeal is therefore reversed, relator's conviction and sentence are vacated, and this case is remanded to the district court for further proceedings consistentwith the views expressed herein. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE VACATED; CASE REMANDED.&nbsp;<a href="/opinions/2002/01b2864.pc.pdf">2001-B- 2864 IN RE: ARTHUR F. DUMAINE</a>&nbsp; (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Arthur F. Dumaine be suspended form the practice of law in Louisiana for a period of one year. It is further ordered that six months of this suspension shall be deferred. Following the active portion of his suspension, respondent shall be placed on supervised probation for a period of one year, subject to the conditions set forth in this opinion. 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's judgment until paid.TRAYLOR, J., dissents and would impose a greater penalty.&nbsp;<a href="/opinions/2002/01cc3069.pc.pdf">2001-CC- 3069 TROY LANGLINAIS, INDIVIDUALLY AND AS TUTOR OF THE MINORS, TROY O'NEIL LANGLINAIS AND TERRY LANGLINAIS v. THE CITY OF WESTWEGO&nbsp;AND ERIC LIRETTE</a> (Parish of Jefferson) After reviewing the record in this case, we find that the defendant's motion for summary judgment was not properly supported. We therefore recall our order granting certiorari and deny the application. WRIT RECALLED; APPLICATION DENIED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;30th day of June, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/99c3479.opn.pdf">1999-C- 3479 C/W 1999-C-3480 C/W 1999-C-3481 ALAN CACAMO, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. LIBERTY MUTUAL FIRE INSURANCE COMPANY C/W EDITH POROBIL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. ALLSTATE INSURANCE COMPANY C/W MONIQUE POIRRIER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v.PROGRESSIVE SECURITY INSURANCE COMPANY</a> (Parish of Orleans) For the foregoing reasons, the judgment of the court of appeal is reversed. The judgment of the trial court denying the exceptions of venue is reinstated. The matter is remanded to the trial court for further proceedings consistent with this opinion. All costs are assessed against defendants.CALOGERO, C.J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99c2676.opn.pdf">1999-C- 2676 JACK M. EDWARDS v. SAWYER INDUSTRIAL PLASTICS, INC. ET AL&nbsp;</a>&nbsp; (Office Of Worker's Compensation District 1 E) For these reasons, the judgment of the court of appeal is reversed, and the judgment of the worker's compensation office is reinstated and recast to award plaintiff supplemental earnings benefits for a period of not to exceed 520 weeks, subject to a credit for unemployment compensation benefits received by plaintiff, and to deny penalties and attorney's fees. The case is remanded to the trial court to fix the amount of supplemental earnings benefits and the amount of the credit for unemployment compensation benefits.TRAYLOR, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/99ca3184.opn.pdf">1999-CA- 3184 LOUISIANA HOUSEHOLD GOODS, CARRIERS, A DOMESTIC UNINCORPORATED ASSOCIATION,&nbsp;BY AND THROUGH WILLIAM D. HATHORN, ITS PRESIDENT; NORTHLAKE MOVING AND STORAGE INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; A-1 MOVERS, INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; AND HATHORN MOVING AND STORAGE CO. INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) After reviewing the record of the evidence in this case and the law, we conclude that the Commission's finding that Pontchartrain met the burden of showing public necessity and convenience in its application for a common carrier certificate authorizing the transportation of household goods within a 150 mile radius of Covington, Louisiana was not arbitrary and capricious and is reasonably supported by the evidence. Thus, the trial court's judgment is affirmed. AFFIRMED.LEMMON, J., not on panel. See Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/00cj0948.opn.pdf">2000-CJ- 0948 IN RE: A.J.F. APPLYING FOR PRIVATE ADOPTION&nbsp;</a>(Parish of Jefferson) For the foregoing reasons, the judgment of the court of appeal is reversed and set aside. The judgment of the juvenile court is reinstated. This matter is remanded to the juvenile court for entry of a judgment dissolving the mother's act of surrender and for purposes of giving her notice so that she can make a knowing decision regarding any exercise of parental rights. It is further ordered that the juvenile court may consider the allocation of all or part of the medical expenses incurred for the mother or on her behalf by the prospective adoptive mother in connection with the birth of the child. REVERSED AND REMANDED.CALOGERO, C.J., not on panel; Rule IV, Part 2, &sect;3. <a href="/opinions/2000/00cj0948.jpv.pdf">VICTORY, J., additionally concurs with reasons.</a>&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00c0078.pc.pdf">2000-C- 0078 LEONARD J. BABIN v. WINN-DIXIE LOUISIANA, INC&nbsp;</a>. (Parish of Lafayette) For the reasons assigned, the judgment of the court of appeal is reversed. The district court's judgment granting summary judgment in favor of Winn-Dixie, Louisiana, Inc. and dismissing plaintiff's suit with prejudice is reinstated. All costs in this court are assessed against plaintiff.CALOGERO, C.J., not on panel, recused. Rule IV, Part II, &sect;3. <a href="/opinions/2000/00c0078.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00o0392.pc.pdf">2000-O- 0392 IN RE: JUDGE PAMELA TAYLOR JOHNSON BATON ROUGE JUVENILE COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA </a>For the foregoing reasons, the recommendation of the Judiciary Commission of Louisiana that Judge Pamela Taylor Johnson be publicly censured and ordered to pay the costs of these proceedings is rejected. RECOMMENDATION REJECTED.KIMBALL, J., not on panel. Rule IV, Part II, &sect;3. <a href="/opinions/2000/00o0392.htl.pdf">LEMMON, J., dissents and assigns reasons. </a><a href="/opinions/2000/00o0392.bjj.pdf">JOHNSON, J., additionally concurs and assigns reasons. </a><a href="/opinions/2000/00o0392.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by J.J. Victory and Lemmon.&nbsp;<a href="/opinions/2000/99b3434.pc.pdf">1999-B- 3434 IN RE: ALVAREZ T. FERROUILLET, JR. </a>Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Alvarez T. Ferouillet, Jr. be suspended from the practice of law in Louisiana for a period of three years, retroactive to the date of his interim suspension. All costs and expenses in this 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's judgment until paid.MARCUS, J., not on panel. Rule IV, Part II, &sect;3. VICTORY, J., dissents and would disbar respondent. TRAYLOR, J., dissents for reasons assigned by Justice Knoll. <a href="/opinions/2000/99b3434.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00c0132.pc.pdf">2000-C- 0132 ST. BERNARD POLICE JURY &amp; LOUISIANA INSURANCE GUARANTY ASSOCIATION v. AUGUST D. MURLA&nbsp;</a>(Office Of Workers' Compensation Dist. #7) For the reasons assigned, that portion of the court of appeal's judgment casting the Louisiana Insurance Guaranty Association for sanctions in the amount of $3,942.50 is reversed.TRAYLOR, J., not on panel. Rule IV, Part II, Section &sect;3. <a href="/opinions/2000/00c0132.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #045</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 19th day of November, 2020 are as follows:<h1>BY Johnson, C.J.:</h1><a href="/Opinions/2020/20-0339.C.OPN.pdf">2020-C-00339 ELAINE EWING VS. WESTPORT INSURANCE CORPORATION, ET AL.</a> (Parish of St. Landry) We granted this writ application to determine whether &ldquo;collectibility&rdquo; is a relevant consideration in a legal malpractice action. Specifically, we must decide whether plaintiff&rsquo;s damages in this legal malpractice action are limited to the amount she could have actually collected on a judgment against the tortfeasor in the underlying lawsuit. For the following reasons, we answer these questions in the negative, holding proof of collectibility of an underlying judgment is not an element necessary for a plaintiff to establish a claim for legal malpractice, nor can collectibility be asserted by an attorney as an affirmative defense in a legal malpractice action. AFFIRMED.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Weimer, J., concurs in the result and assigns reasons. Genovese, J., dissents for the reasons assigned by Justice Crain. Crain, J., dissents and assigns reasons.&nbsp;<h1>BY Crichton, J.:</h1><a href="/Opinions/2020/20-1069.O.OPN.pdf">2020-O-01069 IN RE: JUSTICE OF THE PEACE CODY KING, WARD 6, MOREHOUSE PARISH, STATE OF LOUISIANA</a> For reasons set forth herein, we agree with the Commission&rsquo;s recommendation and hereby order the removal of Justice of the Peace Cody King of Ward 6, Morehouse Parish, from office, that he reimburse the Commission the costs incurred in the investigation and prosecution of the case, and further that he pay restitution for an unearned filing fee he failed to return to Parish Leasing Company, LLC. Any rehearing from this order shall be filed in this court no later than noon on Wednesday, November 25, 2020. REMOVAL FROM JUDICIAL OFFICE ORDERED.Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.&nbsp;&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #045</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } </style> The Opinions handed down on the 22nd day of October, 2019, are as follows:&nbsp;BY JOHNSON, C.J.:<a href="/opinions/2019/19-00052.CC.OPN.pdf">2019-CC-00052 Beverly Smith vs. Citadel Insurance Company as Successor to Gramercy Insurance Company and Goauto Insurance Company</a> (Parish of East Baton Rouge) For the above reasons, we hold an insurer&rsquo;s duty of good faith owed to its insured under La. R.S. 22:1973 does not exist separate and apart from an insurer&rsquo;s contractual obligations. The duty of good faith is codified in La. R.S. 22:1973, but this duty is an outgrowth of the contractual and fiduciary relationship between the insured and the insurer, and the duty of good faith and fair dealing emanates from the contract between the parties. Thus, first-party bad faith claims against an insurer are governed by the ten-year prescriptive period set forth in La. C.C. art. 3499. Consequently, Ms. Smith&rsquo;s first-party bad faith claim against GoAuto, brought pursuant to an assignment of rights from the insured, was subject to a 10-year prescriptive period and is not prescribed. The district court correctly overruled GoAuto&rsquo;s exception of prescription. AFFIRMED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Weimer, J., concurs in the result and assigns reasons. &nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2019/19-00405.C.OPN.pdf">2019-C-00405 Succession of Edward Robin, Sr. c/w Succession of Edward Robin, Sr.</a> (Parish of St. Bernard) This court granted the writ application of an heir to determine the validity of an undated act signed by a testator in the presence of two witnesses and a notary public in which the testator declared that all of his prior testaments were revoked.&nbsp; Although lacking a date, this court finds that the act of revocation is valid as an authentic act. &nbsp;Because extrinsic evidence regarding the date on which the act of revocation was executed did not &ldquo;negate or vary&rdquo; the content of the act of revocation, the lower courts improperly applied La. C.C. art. 1848 to preclude the admission of such evidence.&nbsp; The extrinsic evidence establishes that the act of revocation was executed after the testament at issue in this case.&nbsp; Because the testament was revoked by the testator, the trial court&rsquo;s judgment is reversed, and this matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Hughes, J., concurs with reasons. &nbsp;&nbsp;BY CRICHTON, J.:<a href="/opinions/2019/18-01571.CK.OPN.pdf">2018-CK-01571 State of Louisiana in the Interest of A.N.</a> (Parish of Orleans) We granted the writ in this matter primarily to address the constitutionality of mandatory lifetime sex offender registration as applied to a juvenile. This appeal arises from an application for post-conviction relief in which the juvenile argued that mandatory lifetime sex offender registration pursuant to R.S. 15:542, as applied to a fourteen-year-old juvenile, violates the Eighth Amendment prohibition of inflicting &ldquo;cruel and unusual punishments.&rdquo; U.S. Const. amend. VIII. Finding that A.N. did not have a right to file for post-conviction relief because he was not in custody at the time of his application, we affirm the denial of A.N.&rsquo;s post-conviction relief application by the juvenile court. Since A.N. is denied relief on the basis of custody, all remaining issues presented by his writ application, including whether R.S. 15:542 is unconstitutional under the Eighth Amendment, are moot. AFFIRMED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Weimer, J., concurs and assigns reasons. Hughes, J., dissents with reasons. Chehardy, J., additionally concurs for the reasons assigned by Kirby, J. Kirby, J., additionally concurs and assigns reasons. &nbsp;&nbsp; <a href="/opinions/2019/18-01763.CK.OPN.pdf">2018-CK-01763 State of Louisiana in the Interest of E.S.</a> (Parish of St. Tammany) We granted the writ in this matter primarily to address the constitutionality of mandatory lifetime sex offender registration under R.S. 15:542 as applied to a juvenile.&nbsp; This is a direct appeal by the juvenile, E.S., who was adjudicated delinquent for the first degree rape of a child under the age of thirteen years old.&nbsp;&nbsp; Finding that there was insufficient evidence to determine E.S. was fourteen years old at the time of the offense, and therefore mandatory disposition pursuant to Ch. C. art. 897.1 and R.S. 15:542 is inapplicable to the case at hand, we affirm the adjudication of first degree rape, reverse the court of appeal&rsquo;s determination that there was sufficient evidence to establish E.S.&rsquo;s&nbsp;age, vacate the disposition of the district court and remand for redisposition. AFFIRMED IN PART, REVERSED IN PART, DISPOSITION VACATED, AND REMANDED FOR REDISPOSITION.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Weimer, J., concurs in the result and assigns reasons. &nbsp;&nbsp;BY GENOVESE, J.:<a href="/opinions/2019/19-00367.KK.OPN.pdf">2019-KK-00367 State of Louisiana vs. Fred Reimonenq</a> (Parish of Orleans) This case involves the authority of the district attorney to dismiss and reinstitute criminal prosecutions. We granted writs to determine whether fundamental fairness and due process prohibit the state from dismissing and reinstituting criminal charges in order to circumvent the normal order of criminal proceedings. Specifically, the district attorney in this case dismissed and reinstituted charges against defendant in response to two adverse rulings in the trial court. The state refiled charges without ever challenging the rulings in the appellate court, and defendant subsequently filed various motions in limine and a motion to quash, which the trial court denied. Because the actions of the state in this matter so undermine the authority of the trial court that it offends bedrock principles of fundamental fairness and due process, we reverse. REVERSED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Weimer, J., concurs and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons. &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2019/17-00658.K.OPN.pdf">2017-K-00658 State of Louisiana vs. Kenneth Jones</a> (Parish of Orleans) From the district court's lone statement that it was not satisfied with defendant's proffered race-neutral reasons, we find it inappropriate to infer that the district court did not blur the line between Batson's second and third steps, that the district court was persuaded after it properly weighed the State's proof against the defendant's proffered race-neutral reasons, and that the court did not impermissibly shift the burden onto the defense to rebut the State's prima facie case. See State v. Harris, 15-0995 (La. 10/1916), 217 So.3d 255; State v. Nelson, 10-1724 (La. 3/13/12), 85 So.3d 21; State v. Green, 94-0887 (La. 5/22/95), 655 So.2d 272. Accordingly, we reverse the court of appeal, vacate the convictions and sentences, and remand the case to the district court for a new trial. We also encourage the district court to consider carefully on retrial: (1) whether the State can present sufficient competent evidence at trial that defendant engaged in the alleged other crimes; (2) whether the other crimes evidence, considered on an individual basis, has an independent relevance outside of its implications for defendant's character; (3) whether the admission of the State's other crimes evidence comports with the rules governing hearsay; and (4) whether the probative value of the State's other crimes evidence "is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time" in accordance with La. C.E. art. 403. REVERSED AND REMANDED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Johnson, C.J., additionally concurs and assigns reasons. Weimer, J., concurs in part and dissents in part and assigns reasons. Crichton, J., dissents and assigns reasons. Chehardy, J., dissents for the reasons assigned by Crichton, J.&nbsp;<a href="/opinions/2019/19-00028.K.OPN.pdf">2019-K-00028 State of Louisiana vs. Desmond C. Parker</a> (Parish of Orleans) We find the lack of an individually articulated waiver of each of the three Boykin rights in the documentary evidence produced by the State constitutes affirmative evidence showing an infringement of defendant&rsquo;s rights or a procedural irregularity in the taking of the plea, which is sufficient to shift the burden of proving the constitutionality of the plea to the State. Because the State rested on this documentary evidence and produced nothing else, the district court correctly rejected the prior out-of-state guilty plea and adjudicated defendant as a third, rather than a fourth, felony offender. Accordingly, we affirm the ruling of the court of appeal that found defendant was correctly adjudicated a third-felony offender.&nbsp; AFFIRMED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Weimer, J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. &nbsp;&nbsp; <a href="/opinions/2019/19-00053.C.OPN.pdf">2019-C-00053 LeBlanc Marine, L.L.C. vs. State of Louisiana, Division of Administration, Office of Facility Planning and Control</a> (Parish of East Baton Rouge) In this case, we are called upon to decide whether a public entity&rsquo;s bid advertisement can impose more restrictive requirements than those requirements set forth in the Louisiana Public Bid Law, La. R.S. 38:2212, et seq. For the reasons that follow, we conclude a public entity may not deviate from the statutory requirements. The judgment of the court of appeal is reversed, and the petition of LeBlanc Marine, L.L.C. is dismissed with prejudice. REVERSED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.&nbsp;<a href="/opinions/2019/19-00203.KO.OPN.pdf">2019-KO-00203 State of Louisiana vs. Henry Pierre Lyles</a> (Parish of St. John) We find that 2017 La. Acts 282, &sect; 2, which provides that Act 282 shall become effective November 1, 2017, and shall have prospective application only to offenders whose convictions became final on or after November 1, 2017 is unequivocal, and therefore not subject to further judicial construction. For persons like defendant, whose convictions became final on or after November 1, 2017, and whose habitual offender bills were filed before that date, the full provisions of Act 282 apply. Accordingly, we find defendant was adjudicated and sentenced pursuant to the wrong version of the Habitual Offender Law. We reverse the court of appeal, vacate the habitual offender adjudication and sentence, and remand for further proceedings. On remand, the district court is directed to apply the version of the Habitual Offender Law, La.R.S. 15:529.1, as it was amended by 2017 La. Acts. 282, and before its amendment by 2018 La. Acts 542. REVERSED, HABITUAL OFFENDER ADJUDICATION AND SENTENCE VACATED, AND REMANDED WITH INSTRUCTIONS.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District, is recused in this matter. Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J.Crichton, J., additionally concurs and assigns reasons. &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #045</div></td></tr><tr valign="top"><td 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&nbsp;7th day of September, 2016, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2016/14KA1980.OPN.pdf">2014-KA-1980	STATE OF LOUISIANA v. MARCUS DONTE REED</a>&nbsp;(Parish of Caddo)Retired Judge Michael Kirby sitting ad hoc for Crichton, J., recused.For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this Court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La .Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:178; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED. HUGHES, J., concurs with the result.&nbsp;BY HUGHES, J.: <a href="/opinions/2016/15C0588.OPN.pdf">2015-C -0588	DANIEL ARCENEAUX, LOUIS DAVEREDE, JR., VIVES LEMMON AND JULES MENESSES, ET AL. v. AMSTAR CORP., AMSTAR SUGAR CORP., TATE AND LYLE NORTH AMERICAN SUGARS, INC., AND DOMINO SUGAR COMPANY, ET AL.</a>&nbsp;(Parish of St. Bernard)We reverse the trial court's grant of the partial summary judgment that ordered Continental Casualty Company to pay for American Sugar's complete defense going forward in the Barbe and Waguespack cases. We conclude that Continental is liable for its pro rata share of defense costs based on its policy periods, noting its contention that its pro rata share should be calculated at 3.74% of the total in Barbe and 3.29% in Waguespack, and remand to the trial court for further proceedings consistent with the foregoing. REVERSED AND REMANDED.KNOLL, J., concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #045</div></td></tr><tr valign="top"><td 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&nbsp;3rd day of September, 2014, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13K1794.opn.pdf">2013-K -1794	STATE OF LOUISIANA v. DAVID E. BENDER</a>&nbsp;(Parish of Orleans) (Simple Burglary of a Vehicle)Accordingly, we reverse the judgment of the Court of Appeal, reinstate defendant's conviction and sentence, and overrule Knighten only insofar as it pertains to the Knighten "rule.&rdquo; REVERSED.JOHNSON, C.J., dissents. VICTORY, J., dissents and assigns reasons. HUGHES, J., concurs with reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2014/12KA2539.opn.pdf">2012-KA-2539	STATE OF LOUISIANA v. ERIC DALE MICKELSON</a>&nbsp;(Parish of Caddo) (First Degree Murder)The defendant's conviction and sentence are reversed. The case is remanded to the district court for a new trial.&nbsp; REVERSED; CONVICTION AND SENTENCE VACATED; REMANDED FOR NEW TRIAL.JOHNSON, C.J., dissents and assigns reasons. VICTORY, J., additionally concurs and assigns reasons. KNOLL, J., dissents in part for reasons assigned. WEIMER, J., additionally concurs with reasons. GUIDRY, J., concurs and assigns reasons. CLARK, J., dissents. HUGHES, J. additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2014/14C0090.opn.pdf">2014-C -0090	MAW ENTERPRISES L.L.C., ET AL. v. CITY OF MARKSVILLE, ET AL.</a>&nbsp;(Parish of Avoyelles)Retired Judge H. Charles Gaudin, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.For the reasons assigned, we find that Couvillon has not stated a claim for which it can receive legal remedy under the applicable substantive law and that, as a result, the lower courts erred in overruling the City's peremptory exception of no cause of action. The decisions of the court of appeal and the district court are hereby reversed, and judgment is rendered sustaining the City's exception of no cause of action and dismissing Couvillon's claims at its costs. REVERSED AND RENDERED.CLARK, J., dissents for reasons assigned. HUGHES, J., dissents with reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2014/13K1917.opn.pdf">2013-K -1917	STATE OF LOUISIANA v. JOSEPH PERKINS</a>&nbsp;(Parish of Orleans) (Possession of a &ldquo;Shank&rdquo; by a Convicted Felon)For these reasons, we hold the Court of appeal erred in reversing defendant's conviction and vacating his sentence. Therefore, we reverse the judgment of the Court of Appeal and reinstate defendant's conviction and sentence. Because the Court of Appeal pretermitted consideration of defendant's other assignment of error, we remand this case to the Court of Appeal to consider defendant's remaining assignment of error.&nbsp; REVERSED AND REMANDED TO THE COURT OF APPEAL.JOHNSON, C.J., dissents. HUGHES, J., dissents with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #044</div></td></tr><tr valign="top"><td 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&nbsp;18th day of September, 2017, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2017/15K0886.OPN.pdf">2015-K-0886 STATE OF LOUISIANA v. LESLIE C. THOMPSON</a>&nbsp;(Parish of Jackson) For the foregoing reasons, we reverse the judgment of court of appeal, vacate defendant's convictions and sentences, and remand this matter to the district court for a new trial as to Count 1 of the malfeasance charge. REVERSED, VACATED, AND REMANDEDJOHNSON, C.J., concurs in part, dissents in part and assigns reasons. GUIDRY, J., concurs in the result. CLARK, J., concurs in part; dissents in part and dissents in part and assigns reasons. CRICHTON, J., concurs in part, dissents in part and assigns reasons. GENOVESE, J., concurs in the result.&nbsp;BY HUGHES, J.: <a href="/opinions/2017/15KP1283.OPN.pdf">2015-KP-1283 STATE OF LOUISIANA v. CALVIN KING</a>&nbsp;(Parish of Jefferson) For the reasons given, the judgment of the appellate court is reversed, and the trial court judgment, granting the defendant's motion for new trial, is reinstated.&nbsp; APPELLATE COURT JUDGMENT REVERSED; TRIAL COURT JUDGMENT REINSTATED.GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs in the result. CRICHTON, J., concurs with the result.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #044</div></td></tr><tr valign="top"><td 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&nbsp;1st day of July, 2008, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/07ka2377.opn.pdf">2007-KA-2377 STATE OF LOUISIANA v. RAY HATTON</a>&nbsp;(Parish of Calcasieu) (Computer-Aided Solicitation for Sexual Purposes) The trial court's grant of defendant's Motion to Quash on the basis that La. R.S. 14:81.3(C)(3)is unconstitutional in violation of La. Const. Art. I, &sect; 22 and La. Const. art. I, &sect; 13 was in error. Accordingly, the trial court's ruling granting the defendant's Motion to Quash is reversed and the trial court's ruling vacated in its entirety. This matter is remanded to the trial court for furtherproceedings not inconsistent with this opinion. REVERSED, VACATED, AND REMANDED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/07c2312.opn.pdf">2007-C- 2312 MARCUS RYAN v. ZURICH AMERICAN INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Calcasieu) For the reasons stated herein, the judgment of the court of appeal increasing the award for loss of earning capacity from zero to $1,118,298.00 is reversed and the jury's verdict for loss of earningcapacity is reinstated. In all other respects, the judgment of the court of appeal is affirmed. REVERSED IN PART AND AFFIRMED IN PART.CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. KIMBALL, J., concurs in part, dissents in part and assigns reasons.JOHNSON, J., dissents.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/08ca0284.opn.pdf">2008-CA- 0284 ENTERGY LOUISIANA, LLC v. LOUISIANA PUBLIC SERVICE COMMISSION, ET AL.</a>&nbsp;(Parish of E. Baton Rouge) For the reasons set forth above, we hold that Louisiana Public Service Commission Order U-20925-A (RRF2004), dated May 16, 2006, is not arbitrary or capricious and is supported by the record. The judgment of the trial court is affirmed. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/07c2224.opn.pdf">2007-C -2224 PARMA MATTHIS HOWARD AND JANE MATTHIS SMITH v. ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND</a> For the foregoing reasons, we vacate the judgment of the court of appeal, sustain the exception of no right of action, and remand this matter to the district court to allow the plaintiffs to amend their petition. VACATED AND REMANDED.CALOGERO, C.J., assigns additional concurring reasons. JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents with reasons.&nbsp;<a href="/opinions/2008/07ca2371.opn.pdf">2007-CA-2371 M. J. FARMS, LTD. v. EXXON MOBIL CORPORATION ET AL.</a>&nbsp;(Parish of Catahoula)Retired Judge Robert Klees, assigned as Associate Justice Ad Hoc sitting for Chief Justice Pascal F. Calogero, recused.For the foregoing reasons, the judgment of the district court which declared 2006 La. Acts 312 unconstitutional is reversed and set aside. This matter is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. REVERSED AND REMANDED.JOHNSON, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2008/08ca0076cw08ca0087.opn.pdf">2008-CA-0076 C/W 2008-CA-0087 A. REMY FRANSEN, JR. AND ALLAIN F. HARDIN v. CITY OF NEW ORLEANS, ET AL.</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we affirm in part the judgment of the court of appeal. We hold Ordinance No. 18637, codified in the New Orleans, Code of Ordinances, Chapter 150, Article II, &sect;&sect; 150-46.1 through 150-46.6 unconstitutional with respect to any provisions that permit the City to proceed in any manner other than by the constitutionally mandated manner of tax sales to collect delinquent ad valorem property taxes on immovables and that permit the City to impose penalties, other than interest, upon delinquent ad valorem property taxes on immovables. The remainder of the court of appeal judgment is vacated, and this matter remanded to the trial court for further proceedings not inconsistent with this opinion. AFFIRMED IN PART, VACATED IN PART, AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.<a href="/opinions/2008/07c0419.opn.pdf">2007-C -0419 MINOS BOREL, SR., ET AL. v. DR. CLINTON YOUNG AND LOUISIANA MEDICALMUTUAL INSURANCE COMPANY.</a>&nbsp;(Parish of Lafayette) ON REHEARING The judgment of the court of appeal is affirmed. AFFIRMED.CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. JOHNSON, J., dissents. TRAYLOR, J., concurs with reasons in the result only. KNOLL, J., concurs in result only and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/07k2140.opn.pdf">2007-K- 2140 STATE OF LOUISIANA v. LIONEL ROMAR</a>&nbsp;(Parish of St. Tammany) (Operating a Motor Vehicle While Intoxicated - Third Offense) Accordingly, the decisions of the courts below are reversed, the prosecution is reinstated, and this case is remanded to the district court for all further proceedings consistent with the views expressed herein. JUDGMENTS OF THE COURT OF APPEAL AND DISTRICT COURT REVERSED; PROSECUTION REINSTATED; CASE REMANDED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #044</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;13th day of June, 2005, is as follows: BY WEIMER, J.: <a href="/opinions/2005/04KA2200.jlw.pdf"></a><a href="/opinions/2005/04KA2200.jlw.pdf">2004-KA-2200 STATE OF LOUISIANA v. ROBERT CUNNINGHAM</a>&nbsp;(Parish of Orleans) (Possession of Marijuana) The judgment of the Appellate Division of Criminal District Court for the Parish of Orleans finding LSA-R.S. 5:499-501 unconstitutional isreversed. Defendant's conviction and sentence are reinstated. The matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED. CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs in result.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #044</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;15th day of May, 2001, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2001/00cc2487.opn.pdf">2000-CC- 2487 C/W 2000-CC- 2496 C/W 2000-CC- 2498&nbsp;BENTON JOHNSON v. FIRST NATIONAL BANK OF SHREVEPORT, ET AL.</a> (Parish of Sabine) For the foregoing reasons, the decision of the court of appeal is vacated and the ruling of the district court is reinstated. The case is remanded to the district court for further proceedings. COURT OF APPEAL RULING VACATED; DISTRICT COURT RULING REINSTATED; REMANDEDPhilip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00cc2487.jtk.pdf">KNOLL, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2001/99ka0991.opn.pdf">1999-KA- 0991 STATE OF LOUISIANA v. CEDRIC JACOBS</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, immediately notify the Louisiana Indigent Defense Assistance Board and provide the board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.<a href="/opinions/2001/99ka0991.bjj.pdf">JOHNSON, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2001/00ka2864.opn.pdf">2000-KA- 2864 C/W 2000-KA- 2865 STATE OF LOUISIANA v. ROBERT J. O'REILLY</a> (Parish of St.Tammany) (DWI, Second Offense) STATE OF LOUISIANA v. SCOTT BREWSTER (Parish of St. Tammany) (DWI and Operating a Motor Vehicle Without a Headlight) For the foregoing reasons, we affirm that portion of the judgment of the lower court declaring La. R.S. 13:719 unconstitutional tothe extent that it authorizes the commissioner for the Twenty-Second Judicial District Court to conduct trials, accept pleas, and impose sentences in misdemeanor cases. We reverse that portion of the judgment vacating and setting aside O'Reilly's guilty plea and sentence and Brewster's guilty verdict and sentence. The case is remanded to the court of appeal for further proceedings. AFFIRMED IN PART; REVERSED IN PART; and REMANDED.<a href="/opinions/2001/00ka2864.htl.pdf">LEMMON, J., dissents in part and assigns reasons.</a>&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2001/00c2408.opn.pdf">2000-C- 2408 LULA CHARLENE RIDDLE AND PHILLIP RIDDLE v. LARRY BICKFORD, BRENDA BICKFORD, WHITNEY A. LANGLOIS, DONNA HICKS ENGLADE, MORRIS W. JAMES, BARBARA MCDANELL JAMES, THE BRISTOL DUPLEXES HOMEOWNERS' ASSOCIATION, JAMES &amp; LAVENTINO PARTNERSHIP, ALLSTATE INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY</a> (Parish of E. Baton Rouge) Accordingly, we hold that a party does not have a right to back-strike jurors in civil cases in accordance with La. C.C.P. art. 1766(C). Therefore, we find that the court of appeal was correct in affirming the trial court's refusal to allow such practice during the course of voir dire in the instant case. In light of our findings, we pretermit any discussion regarding plaintiffs argument that the trial court's refusal to allow back-striking constituted reversible error. AFFIRMED.CALOGERO, C.J., dissents for reasons assigned by Lemmon, J. <a href="/opinions/2001/00c2408.htl.pdf">LEMMON, J., dissents and assigns reasons. </a>KIMBALL, J., dissents for reasons assigned by Lemmon, J.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2001/00c2535.opn.pdf">2000-C- 2535 EXXON PIPELINE COMPANY v. GEORGE HILL, INDIVIDUALLY AND AS TRUSTEE OF THE MRS. ELIZABETH J. HILL TRUST FOR THE CHILDREN OF JOHN HILL, JR., ET AL.</a> (Parish of W. Baton Rouge) C/W 2000-C- 2559 EXXON PIPELINE CO. v. V. PRICE LEBLANC, SHIRLEY WOLF LEBLANC AND SIMON CORPORATION OF LOUISIANA (Parish of Ascension) For the reasons assigned, the judgment of the Court of Appeal, First Circuit, in Exxon v. George Hill, 00-C-2535 is hereby reversed and the ruling of the trial court awarding the Hills $17,172 is reinstated. In Exxon v. Price LeBlanc, 00-C-2559, the judgment of the court of appeal is reversed and the matter is remanded to the trial court for a determination of the proper value of compensation due to the LeBlanc family, consistent with this opinion.Exxon v. Hill , 00-C-2535-- Reversed ; Exxon v. Price LeBlanc , 00-C-2559- -Reversed and Remanded .LEMMON, J., concurs. <a href="/opinions/2001/00c2535.jtk.pdf">KNOLL, J., concurs with reasons.</a>&nbsp;<a href="/opinions/2001/00ka2694.opn.pdf">2000-KA- 2694 STATE OF LOUISIANA v. RONNIE HAIR, ALBERT DUCOTE &amp; ALLIE H. BREWER</a> (Parish of Rapides) (Discharge, emission, or disposal of asbestos) For the reasons assigned, the judgment of the trial court is accordingly reversed. The judgment sustaining the motion to quash is reversed and set aside and the motion is overruled. The case is remanded to the trial court for further proceedings.Philip C. Ciaccio, Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;<a href="/opinions/2001/00c2882.opn.pdf">2000-C- 2882 PHILLISA JACKSON, INDIVIDUALLY AND AS NATURAL TUTRIX OF DEANDRED JACKSON AND JARION JACKSON, AND SHAWANNA HUGHES v. STATE&nbsp;OF LOUISIANA THROUGH THE DEPT. OF CORRECTIONS; RICHARD STALDER, SECRETARY, LOUISIANA DEPT. OF CORRECTIONS, ET AL</a> (Parish of E. Baton Rouge) Accordingly, we reverse the First Circuit Court of Appeal and the trial court judgments granting DPSC's exception of no cause of action. The judgments below granting Richard Stalder's exception of no cause of action are affirmed. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED IN PART, AFFIRMED IN PART, AND REMANDED.Philip C. Ciaccio, Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; James L. Cannella, Associate Justice Ad Hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2001/00c0414.opn.pdf">2000-C- 0414 GEORGE CHITTENDEN AND ROBERTA KAY CHITTENDEN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.</a> (Parish of Orleans) For the foregoing reasons, the judgments of the lower courts are affirmed in part and reversed in part. This case is remanded to the trial court for the computation of Chittenden's interest obligations in accordance with the views expressed in this opinion. REMANDED.<a href="/opinions/2001/00c0414.jpv.pdf">VICTORY, J., concurs with reasons.</a> TRAYLOR, J., concurs for reasons assigned by Victory, J.&nbsp;<a href="/opinions/2001/00kk0536.opn.pdf">2000-KK- 0536 STATE OF LOUISIANA v. CARL E. ALCAZAR, III</a> (Parish of Jefferson) (DWI) For the foregoing reasons, the judgment of the court of appeal is reversed and set aside. The judgment of the trial court is reinstated. This matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.Philip Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00kk0536.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;<a href="/opinions/2001/00cc2349.opn.pdf">2000-CC- 2349 C/W 2000-CC- 2403 RODNEY HENDRICK v. ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, XYZ INSURANCE COMPANY, ET AL.</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgments of the court of appeal and trial court are reversed and set aside. Judgment is hereby rendered in favor of defendants and against plaintiff. Accordingly, the malpractice action against Stone Pigman is dismissed with prejudice. REVERSEDLEMMON, J., concurs. JOHNSON, J., dissents. VICTORY, J., concurs in the result.&nbsp; &nbsp;&nbsp;BY CIACCIO, J.&nbsp;:<a href="/opinions/2001/00cc3010.opn.pdf">2000-CC- 3010 JAMES L. CLARK v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a> (Parish of Caddo) For the foregoing reasons, the judgment of the court of appeal is reversed and the matter is remanded to the district court for further proceedings.Philip Ciaccio, Justice pro Tempore, sitting for Associate Justice Harry T. Lemmon.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;<a href="/opinions/2001/00c3263.opn.pdf">2000-C- 3263 NATHANIEL HATCHERSON, EST. OF BALLADETTE HATCHERSON, WIFE v. DIEBOLD, INC.</a> (Parish of Lafayette) For the foregoing reasons, the judgment of the court of appeal affirming the workers' compensation hearing officer and granting plaintiff claim for workers' compensation death benefits is reversed.Philip Ciaccio, Justice pro Tempore,sitting for Associate Justice Harry T. Lemmon; Associate Justice Harry T. Lemmon sitting for Associate Justice Bernette J. Johnson, recused&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #044</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;23th day of June, 2000, are as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99c1540.pc.pdf">1999-C- 1540 WAL-MART STORES, INC. v. PARTHENA KEEL</a> (Office Of Workers' Compensation District 1E) For the reasons assigned, the judgment of the court of appeal is vacated and set aside, and the case is remanded to the Office of Workers' Compensation for further proceedings consistent with this opinion.TRAYLOR, J., not on panel. Rule IV, Part II, &sect;3. LEMMON, J., concurs, not agreeing necessarily that constitutionality may only be raised by a pleading.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #043</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 18th day of September, 2018, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2018/17-1930.B.OPN.pdf">2017-B-1930 IN RE: PAUL E. BROWN</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 Paul Eugene Brown, Louisiana Bar Roll number 1736, be and he hereby is suspended from the practice of law for a period of one year and one day.&nbsp; It is further ordered that all but ninety days of this suspension shall be deferred, subject to a two-year period of probation and the other conditions set forth in this opinion.&nbsp; Any failure to comply with these conditions or other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other discipline as appropriate.&nbsp; 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., dissents for the reasons assigned by Crichton, J. HUGHES, J., dissents for the reasons assigned by Crichton, J. CRICHTON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2018/17-2163.C.OPN.pdf">2017-C-2163 LYDIA DEGUEYTER v. FIRST AMERICAN TITLE COMPANY</a> (Parish of St. Martin) Having considered the record, oral argument and briefs of the parties, we find the court of appeal correctly reversed the district court&rsquo;s judgment granting summary judgment in favor of First American Title Co. However, we find the court of appeal erred in granting summary judgment in favor of plaintiff. See Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that summary judgment &ldquo;is rarely appropriate for a determination based on subjective facts such as intent, motive, malice, knowledge or good faith.&rdquo;). Accordingly, the judgment of the court of appeal is affirmed in part and reversed in part. The motions for summary judgment filed by both parties are hereby denied, and the case is remanded to the district court for further proceedings.GENOVESE, J., dissents in part and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #043</div></td></tr><tr valign="top"><td 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&nbsp;1st day of September, 2015, are as follows:&nbsp;BY CLARK, J.:<a href="/opinions/2015/13KA1631.opn.pdf">2013-KA-1631	STATE OF LOUISIANA v. LAMONDRE TUCKER</a>&nbsp;(Parish of Caddo)(First Degree Murder)Retired Judge Burrell J. Carter, assigned as Justice ad hoc, sitting for Crichton, J., recused.For the reasons assigned herein, the defendant&rsquo;s conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Public Defender Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:178; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2015/15B0243.opn.pdf">2015-B -0243	IN RE: DONALD R. PRYOR</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 Donald R. Pryor, Louisiana Bar Roll number 18389, be and he hereby is suspended from the practice of law for 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.KNOLL, J., dissents on the sanctions and would impose disbarment. GUIDRY, J., dissents with reasons. CRICHTON, J., concurs in part, dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #043</div></td></tr><tr valign="top"><td 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&nbsp;1st day of July, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/07KK1853.opn.pdf">2007-KK-1853 C/W 2007-KK-1870 C/W 2008-CC-1066 IN RE: A MATTER UNDER INVESTIGATION</a>&nbsp;(Parish of Orleans) (Two Applications)JANE AND JOHN DOES v. CHARLES C. FOTI, ET AL. (Parish of East Baton Rouge)Calogero, C.J., retired, recused. Chief Justice Calogero recused himself after oral argument and he has not participated in the deliberation of this case. Traylor, J., retired. Justice Traylor retired after oral argument and he has not participated in the deliberation of this case following his date of retirement, May 31, 2009.For the reasons set forth above, in the matters of 2007-KK-1853 and 2007-KK-1870 we find that CNN lacked standing to intervene in the Orleans Parish Criminal District Court proceeding, and we hereby dismiss CNN from that action. Furthermore, although we find that a La. R.S. 15:41 motion for return of seized property is properly brought under the jurisdiction of a criminal court, we also find that documents and copies produced pursuant to a subpoena duces tecum are not "property seized" within the meaning of La. R.S. 15:41. As such, the district court herein was without authority under La. R.S. 15:41 to order their return. For these reasons, we reverse and set aside the judgment of the trial court, and remand this case to the trial court for further proceedings consistent with this opinion.For the reasons set forth above, in the matter of 2008-CC-1066 we find that La. R.S. 44:3(A)(1) exempts from the required disclosure under the Public Records Act records held by the offices of the Attorney General and the District Attorney that pertain to any criminal litigation which can be reasonably anticipated until such litigation has been finally adjudicated or otherwise settled. The record in this case is insufficient to determine whether criminal litigation can be reasonably anticipated as provided in La. R.S. 44:3(A)(1). Accordingly, we reverse and set aside the judgment of the lower courts and remand this case to the trial court for further proceedings consistent with this opinion. 2007-KK-1853 - REVERSED AND SET ASIDE. CASE REMANDED TO THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS. 2007-KK-1870 - REVERSED AND SET ASIDE. CASE REMANDED TO THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS. 2008-CC-1066 - REVERSED AND SET ASIDE. CASE REMANDED TO THE 19TH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE.VICTORY, J., concurs in part and dissents in part and assigns reasons. KNOLL, J., dissents in part in Nos. 2007-KK-1853 and 2007-KK-1870, and concurs in the result in No. 2008-CC-1066, and assigns reasons. WEIMER, J., concurs.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/09O0736.opn.pdf">2009-O -0736 IN RE: JUDGE TIMOTHY C. ELLENDER</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Accordingly, it is ordered that Judge Timothy C. Ellender of the Thirty-Second Judicial District Court for the Parish of Terrebonne, State of Louisiana, be and he is hereby suspended for thirty days without pay for violating Canons 1, 2A, and 3A(3) of the Code of Judicial Conduct, and Article V, &sect;25(C) of the Louisiana Constitution of 1974. It is further ordered that Judge Ellender reimburse the Louisiana Judiciary Commission $185.50, for costs incurred during the prosecution and investigation of this case. Additionally, Judge Ellender shall enroll in and complete instruction on addressing domestic violence cases.JOHNSON, J., concurs and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/08B2557.opn.pdf">2008-B -2557 IN RE: ROBERT LEE CURRY, III, PAUL D. SPILLERS AND EDWIN K. THEUS, JR.</a>Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired, recused.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Robert Lee Curry, III, Louisiana Bar Roll number 4672, be and he hereby is suspended from the practice of law for six months, with three months deferred. It is further ordered that Paul D. Spillers, Louisiana Bar Roll number 12341, be and he hereby is suspended from the practice of law for six months, with three months deferred. It is further ordered that Edwin K. Theus, Jr., Louisiana Bar Roll number 12728, be and he hereby is suspended from the practice of law for six months, with three months deferred. All costs and expenses in the matter are assessed against respondents 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's judgment until paid.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/09KK0044.opn.pdf">2009-KK-0044 STATE OF LOUISIANA v. MARTY PALMER</a>&nbsp;(Parish of Natchitoches) (Possession of a Schedule III Controlled Dangerous Substance with the Intent to Distribute)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Accordingly, the decision of the Third Circuit is reversed, the ruling of the trial court denying the motion to suppress is reinstated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. DECISION OF COURT OF APPEAL REVERSED; TRIAL COURT'S DENIAL OF MOTION TO SUPPRESS REINSTATED; CASE REMANDED.JOHNSON, J., concurs.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #043</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;6th day of June, 2003&nbsp;, is as follows:&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2003/02ca2799.opn.pdf">2002-CA- 2799 EAST BATON ROUGE PARISH SCHOOL BOARD AND CALCASIEU PARISH SCHOOL BOARD v. MURPHY J. "MIKE" FOSTER, JR., IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF LOUISIANA, JOHN NEELY KENNEDY, IN HIS OFFICIAL CAPACITY AS TREASURER OF THE STATE OF LOUISIANA, CECIL J. PICARD, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF EDUCATION FOR THE STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) The trial court's judgment granting Plaintiffs' request for a permanent injunction prohibiting Defendants from distributing to any entities other than the public school systems of the state or the State Department of Education on behalf of the public schools systems of the state those funds held in the state treasury totaling $17,444,859.00 and itemized in Exhibit A to response to plaintiffs' petition for injunction relief and application for temporary restraining order by John Neely Kennedy in his capacity as Treasurer of the State of Louisiana is affirmed. Similarly, the trial court's judgment declaring Act 26 unconstitutional to the extent that it calls for distribution of the funds which are subject to the permanent injunction to any schools or entities other than the public school systems of the State of Louisiana or to the State Superintendent of Education on behalf of those public school systems is affirmed. AFFIRMED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #043</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;24th day of May, 2002, are as follows:&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2002/00k3230.pc.pdf">2000-K- 3230 STATE OF LOUISIANA v. PAUL BROUSSARD&nbsp;</a>(Parish of Orleans) (Attempted Possession of Cocaine) Accordingly, the decision of the court of appeal is reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. JUDGMENT REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;&nbsp;<a href="/opinions/2002/02b0054.pc.pdf">2002-B- 0054 IN RE: ROBERT R. FAUCHEUX, JR</a>. (Disciplinary Proceedings) For the reasons assigned, it is ordered that Robert R. Faucheux, Jr. be suspended from the practice of law for a period of six months. It is further ordered the suspension be fully deferred and that respondent be placed on supervised probation for a period of one year, subject to the conditions set forth in this opinion. 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's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #042</div></td></tr><tr valign="top"><td 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&nbsp;1st day of July, 2011, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2011/10C2516.opn.pdf">2010-C -2516	CHARLES EBINGER, ET UX. v. VENUS CONSTRUCTION CORPORATION, ET AL.</a>&nbsp;(Parish of Lafayette)Accordingly, the court of appeal&rsquo;s ruling is reversed, and the judgment of the trial court is reinstated.&nbsp; REVERSED.&nbsp;<a href="/opinions/2011/10C2779.opn.pdf">2010-C -2779	DESI FULMER v. STATE OF LOUISIANA, DEPARTMENT OF WILDLIFE AND FISHERIES AND GARY PIERCE</a>&nbsp;(Parish of Plaquemines)For the reasons set forth above, we find that claims against the State under the Jones Act brought by state-employed seamen are not prohibited under the LWCA or the Louisiana Constitution. Louisiana has consented through Article XII Section 10 to suits for personal injury, and has not limited that waiver for suits brought by state employees under the Jones Act. We further find the court of appeal was correct in finding that plaintiff has stated a valid cause of action against the State under the Jones Act. The court of appeal did not err in denying the State&rsquo;s exception of no cause of action. Thus, we affirm the ruling of the court of appeal in this case.&nbsp; AFFIRMED.&nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10KA2804.opn.pdf">2010-KA-2804	STATE OF LOUISIANA v. BRYAN GOLSTON C/W STATE OF LOUISIANA v. PAUL BAKER C/W STATE OF LOUISIANA v. CALVIN WATSON C/W STATE OF LOUISIANA v. LLOYD DELL C/W STATE OF LOUISIANA v. REGINALD JACKSON</a>&nbsp;(Parish of E. Baton Rouge)For the above reasons, we reverse the district court&rsquo;s finding that La. R.S. 15:560 et seq. is unconstitutionally vague. We find R.S. 15:560 et seq. to be a regulatory, rather than criminal statutory scheme, and thus not subject to a void for vagueness analysis. Further, even applying a due process analysis, we find no due process violations. The SOAP statutory scheme provides offenders with notice and a meaningful opportunity to be heard at a court hearing to determine SVP or CSP status. Additionally, we find the statutory definitions constitutionally sufficient to allow the panel to make its recommendation and the court to make a determination of SVP or CSP status. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2011/10C1908.opn.pdf">2010-C -1908	LOLA BROOKS, BRIDGETTE GOSNAY, AND JESSE BROOKS, JR. v. THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>(Parish of Iberville)For the reasons stated herein, the judgment of the court of appeal is reversed and judgment is rendered in favor of the defendant.&nbsp; REVERSED AND RENDERED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2011/10C2329.opn.pdf">2010-C -2329	DANIEL ARCENEAUX, LOUIS DAVEREDE, JR., VIVES LEMMON AND JULES MENESSES v. AMSTAR CORPORATION, AMSTAR SUGAR CORPORATION, TATE AND LYLE NORTH AMERICAN SUGARS, INC., AND DOMINO SUGAR COMPANY</a>&nbsp;(Parish of St. Bernard)For the reasons stated herein, the judgment of the court of appeal is reversed in part judgment is rendered against Continental in the amount of $174,090.92 for indemnity for the post-denial plaintiffs&rsquo; settlements. The case is remanded to the trial court for a determination of whether 12 claimants met the settlement criteria and the amount due each and the amount of attorney fees due for late payment of defense costs, each determination to be made in accordance with the directives of this opinion.&nbsp; REVERSED AND RENDERED IN PART; REMANDED.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/10C2775.opn.pdf">2010-C -2775	MARGIE MCGLOTHLIN, ET AL. v. CHRISTUS ST. PATRICK HOSPITAL</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed and the judgment of the District Court is reinstated.&nbsp; REVERSED; DISTRICT COURT JUDGMENT REINSTATED.JOHNSON, J., concurs in part, dissents in part, and assigns reasons. GUIDRY, J., concurs.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/10CC2608.opn.pdf">2010-CC-2608	SHAWN BURNETT v. JAMES CONSTRUCTION GROUP, THE PARISH OF ST. TAMMANY AND THE STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>&nbsp;(Parish of St. Tammany)Accordingly, that portion of the court of appeal&rsquo;s decision that granted DOTD&rsquo;s motion for involuntary dismissal is reversed. That portion of the appellate court decision sustaining DOTD&rsquo;S exception of insufficiency of service of process is affirmed but amended so as to allow Burnett a reasonable period of time, to be set by the trial court on remand of this matter, in which to cure the defect in service. This case is remanded to the trial court for further proceedings. REVERSED IN PART, AFFIRMED IN PART, AS AMENDED; AND REMANDED.&nbsp;<a href="/opinions/2011/10C2828cw11C0039.opn.pdf">2010-C -2828 C/W 2011-C -0039	B.W. GREEMON v. CITY OF BOSSIER CITY, LOUISIANA AND THE BOSSIER CITY MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD</a>&nbsp;(Parish of Bossier)Because Mr. Greemon failed to bring a timely claim under the Open Meetings Law, the district court erred in granting summary judgment under that law. The judgment of the district court granting Mr. Greemon&rsquo;s motion for summary judgment and voiding the Civil Service Board&rsquo;s action is therefore reversed. This matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2011/11CC0040.opn.pdf">2011-CC-0040	REGINA MARIE WHITLEY, INDIVIDUALLY AND ON BEHALF OF CHANCE WHITLEY (D) v. STATE OF LOUISIANA, THROUGH THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AGRICULTURAL MECHANICAL COLLEGE, ON BEHALF OF THE MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS-UNIVERSITY CAMPUS</a>&nbsp;(Parish of Orleans)For the foregoing reasons, the court of appeal&rsquo;s decision is affirmed. This matter is remanded to the trial court for further proceedings. AFFIRMED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2011/11O0417.opn.pdf">2011-O -0417	IN RE: JUSTICE OF THE PEACE KEVIN J. HOFFMAN, WARD A, PARISH OF ST. BERNARD, STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission of Louisiana)Accordingly, Justice of the Peace Hoffman is ordered to pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0418.opn.pdf">2011-O -0418	IN RE: JUSTICE OF THE PEACE CHARLES FLAHERTY, DISTRICT 3, PARISH OF LASALLE, STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission of Louisiana)Accordingly, Justice of the Peace Flaherty is ordered to pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11CJ0548.opn.pdf">2011-CJ-0548	JASON TED GRAY v. CHRISTY LYNN WINNON GRAY</a>&nbsp;(Parish of Morehouse)Accordingly, for the reasons given above, we affirm the result of the judgment of the court of appeal. The stay previously issued by this court is now lifted. The matter is remanded to the trial court, which is directed to issue the appropriate orders consistent with this opinion to transfer domiciliary custody to the father and to establish a visitation schedule.&nbsp; AFFIRMED, STAY LIFTED, AND REMANDED TO THE DISTRICT COURT.JOHNSON, J., concurs in result.&nbsp;<a href="/opinions/2011/11O0572.opn.pdf">2011-O -0572	IN RE: JUSTICE OF THE PEACE RANDY THOMAS, JR., DISTRICT B, RED RIVER PARISH, STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission of Louisiana)Accordingly, Justice of the Peace Thomas is ordered to pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, no later than thirty days from the finality of this judgment.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2011/11O0214.opn.pdf">2011-O -0214	IN RE: JUDGE REGINALD T. BADEAUX, III, TWENTY-SECOND JUDICIAL DISTRICT COURT PARISH OF ST. TAMMANY, STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission of Louisiana)For the reasons assigned, it is ordered that Judge Reginald T. Badeaux, III be publicly censured for violating Canons 2A, 3A(1), 3A(6), and 3C of the Code of Judicial Conduct. Judge Reginald T. Badeaux, III is further ordered to reimburse the Judiciary Commission of Louisiana the sum of $1,439.15 in costs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2011/10K1799.pc.pdf">2010-K -1799	STATE OF LOUISIANA v. MERVIN PATRICK WHITE</a>&nbsp;(Parish of Jefferson) (Driving While Intoxicated - Fourth Offense or Subsequent)Accordingly, the decision of the court of appeal is reversed and defendant&rsquo;s sentence of 20 years&rsquo; imprisonment at hard labor without benefit of suspension of sentence, probation, or parole, is reinstated. The case is remanded to the trial court for execution of sentence, in connection with which the court shall issue an amended commitment clarifying that the sentence imposed pursuant to La. R.S. 14:98 (E) (4) (9), is without benefit of suspension of sentence, probation, or parole for the entire 20-year term of imprisonment.&nbsp; COURT OF APPEAL DECISION REVERSED; SENTENCE REINSTATED; CASE REMANDED WITH INSTRUCTIONS.&nbsp;<a href="/opinions/2011/10K2421.pc.pdf">2010-K -2421	STATE OF LOUISIANA v. JOHN W. MATHIEU</a>&nbsp;(Parish of Jefferson) (Second Degree Kidnapping)The decision of the Fifth Circuit is therefore reversed, defendant&rsquo;s conviction and sentence are reinstated and affirmed in light of the court of appeal&rsquo;s rejection of his other assignments of error on original appeal, Mathieu, 06-0946 at 18-23, 960 So.2d at 308-10, and this case is remanded to the district court for purposes of execution of sentence.&nbsp; COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2011/11B0070.pc.pdf">2011-B -0070	IN RE: FRANK E. BROWN, JR.</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 Frank E. Brown, Jr., Louisiana Bar Roll number 3555, be and he hereby is suspended from the practice of law for one year. It is further ordered that all but three months of this suspension shall be deferred. Upon completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for a period of two years subject to the condition that he successfully complete the Louisiana State Bar Association&rsquo;s Ethics School program. 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.&nbsp;<a href="/opinions/2011/11B0331.pc.pdf">2011-B -0331	IN RE: HENRY DILLON, 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 the name of Henry A. Dillon, III, Louisiana Bar Roll number 23038, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.&nbsp;<a href="/opinions/2011/11B0390.pc.pdf">2011-B -0390	IN RE: CARLA GASTON</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 Carla M. Gaston, Louisiana Bar Roll number 25777, be and she hereby is suspended from the practice of law for six months. This suspension shall be deferred in its entirety, subject to respondent&rsquo;s successful completion of a two-year period of supervised probation. During the probationary period, respondent shall attend the Louisiana State Bar Association&rsquo;s Ethics School. It is further ordered that respondent make restitution to Toni Welch in the amount of $1,330.07 and resolve the fee dispute with Jane Johns through the Louisiana State Bar Association&rsquo;s Lawyer Fee Dispute Resolution Program. The probationary period shall commence from the date respondent, the probation monitor, 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 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #042</div></td></tr><tr valign="top"><td 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&nbsp;29th day of June, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/05K1617.opn.pdf">2005-K -1617 STATE OF LOUISIANA v. JENNIFER COLEMAN</a>&nbsp;(Parish of Lafourche) (Aggravated Second Degree Battery and Second Degree Kidnapping) Accordingly, we vacate the appellate court's decision, which reversed the defendant's convictions for aggravated second degree battery and second degree kidnapping, and we remand the case to the court of appeal for consideration of the defendant's remaining assignment of error. DECISION VACATED AND CASE REMANDED TO THE COURT OF APPEAL. Retired Judge Fred C. Sexton sitting ad hoc for Associate Justice John L. Weimer, recused.JOHNSON, J., concurs.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/07O0426.opn.pdf">2007-O -0426 IN RE: JUSTICE OF THE PEACE ROGER ADAMS, SR.</a> (Judiciary Commission of Louisiana) For the aforementioned reasons, this court finds Justice of the Peace Adams' conduct violated Canons 2A and 2B of the Code of Judicial Conduct. Accordingly, we order Justice of the Peace Adams be suspended without pay for fifteen days and ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs.Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc for Associate Justice Jeannette Theriot Knoll, recused.JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Johnson, J.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/07O0651.opn.pdf">2007-O -0651 IN RE: JUDGE MARTHA SASSONE&nbsp;</a> (Judiciary Commission Of Louisiana) For the reasons stated herein, it is ordered that Judge Martha Sassone of the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana, be suspended from judicial office for sixty (60) days without pay. It is further ordered that Judge Sassone be ordered to reimburse and pay to the Judiciary Commission costs in the amount of $2,247.17 incurred in the investigation and prosecution of her case, pursuant to Supreme Court Rule XXIII, Section 22.VICTORY, J., concurs in part and dissents in part for reasons assigned&nbsp; by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/07CA0399.opn.pdf">2007-CA-0399 WASHINGTON ST. TAMMANY ELECTRIC COOPERATIVE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION&nbsp;</a>(Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the district court is affirmed. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/07CC0127.opn.pdf">2007-CC-0127 RICHARD BLEVINS v. HAMILTON MEDICAL CENTER, INC. D/B/A SOUTHWEST MEDICAL CENTER-LAFAYETTE</a>&nbsp;(Parish of Lafayette) For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate the judgment of the district court. REVERSED AND REINSTATED.VICTORY, J., dissents for the reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp; BY WEIMER, J.:<a href="/opinions/2007/05KA1826.opn.pdf">2005-KA-1826 STATE OF LOUISIANA v. SHON D. MILLER, SR.&nbsp;</a>(Parish of Ascension) (First Degree Murder) Finding the pre-trial rulings of the trial court denied defendant his constitutional right to have the jury decide whether he was not guilty by reason of insanity, we reverse the conviction and sentence and remand this matter for a new trial. CONVICTION AND SENTENCE REVERSED; CASE REMANDED.JOHNSON, J., concurs in result.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06OB1408.pc.pdf">2006-OB-1408 IN RE: THOMAS S. EDWARDS</a> (Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2007/06K1703.pc.pdf">2006-K -1703 STATE OF LOUISIANA v. CALVIN WARE</a>&nbsp;(Parish of Evangeline) (Attempted Forcible Rape) Accordingly, the decision below is reversed, defendant's conviction and sentence are reinstated, and this case is remanded for purposes of execution of sentence. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED. <a href="/opinions/2007/06K1984.pc.pdf">2006-K -1984	STATE OF LOUISIANA v. DEXTER LEON DAVIS</a>&nbsp;(Parish of East Carroll) (Resisting an Officer) Accordingly, we recall our order of March 30, 2007, as improvidently granted, and we deny defendant&rsquo;s writ application.CALOGERO, C.J., dissents from recall of the writ and assigns reasons. WEIMER, J., dissents. I would not recall the writ in this matter.&nbsp;<a href="/opinions/2007/06C2862.pc.pdf">2006-C -2862	S.J. INDIVIDUALLY AND ON BEHALF OF HER MINOR DAUGHTER, C.C. v. LAFAYETTE PARISH SCHOOL BOARD, ET AL.&nbsp;</a>(Parish of Lafayette) The judgment of the district court granting summary judgment in favor of defendant is reversed. The case is remanded to the district court for further proceedings.&rsquo;KIMBALL, J., concurs for reasons assigned by Weimer, J. JOHNSON, J., concurs and assigns reasons. VICTORY, J., dissents. TRAYLOR, J., concurs for reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2007/07B0070.pc.pdf">2007-B -0070 IN RE: JOSEPH H. SIMPSON</a> (Disciplinary Proceedings) 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 Joseph H. Simpson, Louisiana Bar Roll number 8259, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year and one day of the suspension shall be deferred, subject to the conditions set forth in this opinion. 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's judgment until paid.&nbsp;<a href="/opinions/2007/07B0349.pc.pdf">2007-B -0349 IN RE: STEPHEN K. PETERS</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Stephen King Peters, Louisiana Bar Roll number 10471, be and he hereby is suspended from the practice of law for a period of three years. Respondent is ordered to furnish complete accountings and full restitution of all unearned legal fees to his clients subject of the formal charges. 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's judgment until paid.KIMBALL, J., dissents and would disbar respondent. VICTORY, J., dissents and would disbar respondent. KNOLL, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #042</div></td></tr><tr valign="top"><td 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&nbsp;3rd day of June, 2005&nbsp;, are as follows:&nbsp;BY JOHNSON, J.&nbsp;: <a href="/opinions/2005/04O2973.opn.pdf">2004-O -2973 IN RE: JUDGE PAMELA TAYLOR JOHNSON</a> We remand this matter to the Commission for purposes of recalculating the costs to reflect only those items which relate to proven charges, including transcript costs. Because we have determined that Charges 0150 and 0206 were not proven by clear and convincing evidence, all costs associated with those charges are not to be assessed to Judge Johnson.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY PER CURIAM&nbsp;:&nbsp;<a href="/opinions/2005/05B0125.opn.pdf">2005-B -0125 IN RE: ROBERT E. RANDOLPH</a>Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the briefs filed by the parties, it is ordered that Robert Earl Randolph, Louisiana Bar Roll number 19118, be 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's judgment until paid.&nbsp;
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #041</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 6th day of September, 2024 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2024/23-1291.CC.OPN.pdf">2023-CC-01291&nbsp;ADVANCED BENEFIT CONCEPTS, INC. VS. BLUE CROSS AND BLUE SHIELD OF ALABAMA, ACCESS HEALTH, INC. &amp; PREFERRED CARE SERVICES, INC.</a>&nbsp;(Parish of East Baton Rouge) REVERSED AND REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Knoll, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2024/23-1447.C.OPN.pdf">2023-C-01447&nbsp;C/W 2023-C-01452&nbsp;SUCCESSION OF BONNY BABIN MALONEY</a> (Parish of Jefferson) AFFIRMED. SEE OPINION.Hughes, J., dissents and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #041</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 20th day of October, 2020 are as follows:&nbsp;<h1>BY Genovese, J.:</h1><a href="/Opinions/2020/20-0323.KA.OPN.pdf">2020-KA-00323 STATE OF LOUISIANA VS. TAZIN ARDELL HILL</a> (Parish of Lafayette) The district court's declaration that the statutes are unconstitutional and the district court's ruling granting defendant's motion to quash are affirmed. AFFIRMED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Weimer, J., concurs and assigns reasons. Crain, J., dissents and assigns reasons. &nbsp;<h1>BY Crain, J.:</h1><a href="/Opinions/2020/20-0200.C.OPN.pdf">2020-C-00200 D90 ENERGY, LLC VS. JEFFERSON DAVIS PARISH BOARD OF REVIEW</a> (Parish of Jefferson Davis) D90 Energy, LLC seeks review of a court of appeal judgment reversing decisions of the Louisiana Tax Commission. We reverse and reinstate the district court's judgment, which affirms the Commission. COURT OF APPEAL JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.&nbsp;<h1>PER CURIAM:</h1><a href="/Opinions/2020/19-1235.K.OPN.pdf">2019-K-01235 STATE OF LOUISIANA VS. MARGARET CAMAILLE STOCKSTILL</a> (Parish of St. Tammany) We reverse the ruling of the court of appeal, which affirmed defendant's conviction for the second degree murder of Cody Couch and her sentence of life imprisonment without parole eligibility. We vacate defendant's conviction and sentence. We remand this matter to the district court for a new trial. REVERSED AND REMANDED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4. Retired Judge Jimmie C. Peters appointed as Justice ad hoc sitting for Crain, J., recused in case number 2019-K-01235 only.Hughes, J., concurs in part and dissents in part for the reasons assigned by Justice Crichton. Crichton, J., concurs in part and dissents in part and assigns reasons. Genovese, J., concurs in part and dissents in part for the reasons assigned by Justice Crichton.&nbsp;<a href="/Opinions/2020/19-1732.K.OPN.pdf">2019-K-01732 STATE OF LOUISIANA VS. NICHOLAS REVISH</a> (Parish of East Baton Rouge) We reverse the ruling of the court of appeal, which considered a claim that was not properly before it and erred in its analysis of that claim. Because the State failed to carry its heavy burden of showing the time to commence trial was either interrupted or suspended, we reinstate the district court's ruling, which granted defendant's motion to quash. REVERSED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4. Retired Judge Jimmie C. Peters appointed as Justice ad hoc sitting for Crain, J., recused in case number 2019-K-01732 only.&nbsp;<a href="/Opinions/2020/20-0387.B.OPN.pdf">2020-B-00387 IN RE: SHANE E. ROMERO</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 Shane E. Romero, Louisiana Bar Roll number 26108, be and he hereby is suspended from the practice of law for one year. 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. SUSPENSION IMPOSED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Weimer, J., concurs in part and dissents in part and assigns reasons. Hughes, J., concurs in part and dissents in part for reasons assigned by Justice Weimer.&nbsp;<a href="/Opinions/2020/20-0491.CC.OPN.pdf">2020-CC-00491 FREDERICK N. MEINERS, III VS. ST. TAMMANY PARISH FIRE PROTECTION DISTRICT NO. 4, ET AL.</a> (Parish of St. Tammany) We find the district court erred in remanding the case to the Board to impose discipline other than termination. Accordingly, we reverse the judgment of the district court and reinstate the decision of the Board. DISTRICT COURT REVERSED. DECISION OF CIVIL SERVICE BOARD REINSTATED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Johnson, C.J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #041</div></td></tr><tr valign="top"><td 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&nbsp;26th day of June, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/09C0075.pdf">2009-C -0075 BYRON P. GUILLORY v. JENNIFER D. LEE, ET AL.</a>&nbsp;(Parish of Lafayette)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the foregoing reasons, we find the court of appeal was in error in amending the jury&rsquo;s verdict to increase the award of past medical expenses from $40,000 to $98,272.32; increase the award for general damages from $10,000 to $150,000 for past and future physical and mental pain and suffering; and reverse the trial court&rsquo;s denial of damages for loss of enjoyment of life to award $24,000 for that element of damages, past and future. We also find that the court of appeal erred in reversing the jury&rsquo;s finding of no arbitrary and capricious conduct on the part of Progressive. Finally, we find the court of appeal erroneously reversed the trial court&rsquo;s denial of plaintiff&rsquo;s motion for new trial. The judgment of the court of appeal is therefore reversed, and the jury&rsquo;s verdict is reinstated in its entirety. REVERSED. JURY VERDICT REINSTATED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/07CC0492.pdf">2007-CC-0492 PAMELA WARREN, THERESA RENE WARREN AND SARAH WARREN JIMENEZ v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, JEFFREY A. LAMP, M.D., ROBYN B. GERMANY, M.D., SANDRA MOODY, NP-C, AND FAMILY HEALTH OF LOUISIANA, INC.</a>&nbsp;(Parish of E. Baton Rouge) ON REHEARINGRetired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the reasons expressed herein, the judgment of the court of appeal is reversed and the matter is remanded to the trial court to grant defendants' exception of prescription.&nbsp; REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs in the result and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs in the result.&nbsp;<a href="/opinions/2009/08K1033.pdf">2008-K -1033 STATE OF LOUISIANA v. DEMARCUS KENTRELL HOLLINS</a>&nbsp;(Parish of East Feliciana) (Possession of a Schedule II Controlled Drug &ndash; Cocaine)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the reasons stated herein, the judgment of the court of appeal is reversed and the defendant&rsquo;s conviction and sentence are reinstated.&nbsp; REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/08CC2527.pdf">2008-CC-2527 BENNY NAGHI, ET AL. v. LISA BRENER, ET AL.</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the reasons stated herein, the judgments of the lower courts are reversed and the case is remanded to the trial court to grant the defendants&rsquo; exception of peremption. REVERSED AND REMANDED.KIMBALL, C.J., dissents and assigns reasons. JOHNSON, J., dissents. KNOLL, J., concurs in the result. WEIMER, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2009/09C0007.pdf">2009-C -0007 C/W 2009-C -0008 CLYDE A. "ROCK" GISCLAIR, ASSESSOR FOR ST. CHARLES PARISH v. LOUISIANA TAX COMMISSION, ELIZABETH GUGLIELMO, CHAIRMAN OF THE LOUISIANA TAX COMMISSION, ENTERGY LOUISIANA, INC., ENTERGY LOUISIANA LLC &amp; ENTERGY LOUISIANA PROPERTIES</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, now retired.For the foregoing reasons, we reverse the judgment of the court of appeal, and we reinstate the judgment of the district court, dismissing plaintiff's claims against defendants with prejudice on the declinatory exceptions of lack of subject matter jurisdiction. REVERSED AND REINSTATED.&nbsp;<a href="/opinions/2009/09C0023.pdf">2009-C -0023 LOUISIANA SAFETY ASSOCIATION OF TIMBERMEN-SELF INSURERS FUND v. LOUISIANA INSURANCE GUARANTY ASSOCIATION</a>&nbsp;(Parish of Winn)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the foregoing reasons, the judgments of the lower courts are reversed and set aside. Summary judgment is granted in favor of the Louisiana Insurance Guaranty Association and against the Louisiana Safety Association of Timbermen-Self Insurers Fund, dismissing the Fund&rsquo;s claims against LIGA with prejudice. Costs of this litigation are assessed to the Louisiana Safety Association of Timbermen-Self Insurers Fund. REVERSED AND RENDERED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08C2810.pdf">2008-C -2810 MARCO DEMMA, III v. AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE</a>&nbsp;(Parish of St. Tammany)Retired Judge Philip Ciaccio, assigned Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Based on the foregoing, we hold that Auto Club&rsquo;s unconditional payment of $23,000.00 to Marco Demma, III, pursuant to LSA-R.S. 22:658(A)(1) and McDill, supra, was a tacit acknowledgment that interrupted prescription. The unconditional payment was tendered on November 8, 2006, after which date, prescription began to run anew. See LSA-C.C. art. 3466 (&ldquo;Prescription commences to run anew from the last day of interruption.&rdquo;). Demma&rsquo;s suit, filed on May 14, 2007, was therefore timely. The lower courts erred in sustaining the exception of prescription. Accordingly, we reverse the decisions of the court of appeal and the district court maintaining the exception of prescription and remand this case to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.VICTORY, J., concurs in the result. GUIDRY, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/09O0747.pdf">2009-O -0747 IN RE: JUDGE WILLIAM A. MORVANT 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA</a>Retired Judge Fred Sexton, assigned as Justice ad hoc, sitting for Justice John L. Weimer, recused. Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.For the foregoing reasons, it is ordered that the recommendation of the Judiciary Commission of Louisiana is hereby rejected. No official discipline is imposed on Judge William A. Morvant.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/07KP2034.pdf">2007-KP-2034 STATE OF LOUISIANA v. ANTHONY JOHNSON</a>&nbsp;(Parish of Washington) (Second Degree Murder)Calogero, C.J., retired, recused. Chief Justice Calogero recused himself after oral argument and he has not participated in the deliberation of this case. Traylor, J., retired. Justice Traylor retired after oral argument and he has not participated in the deliberation of this case following his date of retirement, May 31, 2009.The trial court is therefore hereby ordered to render a decision on defendant&rsquo;s Brady claims and, in the alternative, defendant&rsquo;s claims to ineffective assistance of counsel, in an expeditious manner. If the trial court finds that further hearings are necessary, it may hold them promptly. In addition, the parties are directed to seek any review of the trial court&rsquo;s decision directly in this court as part of the pending matter already before this court pursuant to our plenary supervisory jurisdiction over all other courts. La. Const. art. V, &sect; 5(A). JURISDICTION RETAINED; REMANDED IN PART.JOHNSON, J., concurs. KNOLL, J., concurs. WEIMER, J., concurs.&nbsp;<a href="/opinions/2009/09B0028.pdf">2009-B -0028 IN RE: VICKI KEMP CRUSE</a> Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that Vicki Kemp Cruse, Louisiana Bar Roll number 19531, be and she hereby is suspended from the practice of law for one year and one day, retroactive to her August 22, 2007 interim suspension. It is further ordered that respondent shall make restitution of any unearned fees owed to her clients subject of the formal charges. 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.&nbsp;<a href="/opinions/2009/09B0083.pdf">2009-B -0083 IN RE: BONNIE B. HUMPHREY</a>Chief Justice Catherine D. Kimball recused herself after oral argument, and she has not participated in the deliberation of this case. Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Bonnie B. Humphrey, Louisiana Bar Roll number 17125, be and she hereby is disbarred, retroactive to her March 2, 2005 interim suspension. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. 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.&nbsp;<a href="/opinions/2009/09B0116.pdf">2009-B -0116 IN RE: STEPHEN J. HOLLIDAY</a>Retired Judge Robert Lobrano, assigned Justice ad hoc, sitting for Chief Justice Catherine D. Kimball, recused. Retired Judge Philip Ciaccio, assigned Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Stephen J. Holliday, Louisiana Bar Roll number 23496, be and he hereby is suspended from the practice of law for three 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.&nbsp;<a href="/opinions/2009/09B0207.pdf">2009-B -0207 IN RE: JOHN M. SHARP</a>Retired Judge Philip Ciaccio, assigned Justice ad hoc, sitting for Justice Chet D. Traylor, now retired.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that John M. Sharp, Louisiana Bar Roll number 19149, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent shall make full restitution to the law firm of Sharp Henry Cerniglia Colvin Weaver &amp; Hymel, L.L.C. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #041</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;30th day of April, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/2003kk2362.opn.pdf">2003-KK-2362 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. THOMAS BOBO&nbsp;</a>(Parish of Ouachita) (Distribution of Heroin, Four Counts; Attempted Distribution of Heroin, One Count; Conspiracy to Distribute Heroin, One Count; Extradition) For the foregoing reasons, the judgment of the trial court is therefore reversed, the motion to quash is ordered granted, and defendant is discharged from custody on the present charges. REVERSED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents for reasons assigned by Justice Traylor. WEIMER, J., additionally concurs with reasons.
 &nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/2003c1766.opn.pdf">2003-C -1766 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ALMA M. JONES v. GENERAL MOTORS CORPORATION</a> (Office of Workers' Compensation District 1-W) Having found GM is not entitled to a credit, we reverse the portion of the judgment awarding a dollar-for-dollar credit. In light of the workers' compensation benefits previously paid by GM from March 29, 1999, through May 21, 1999, we amend the judgment to award Jones temporary total disabilities from May 22, 1999, (instead of from March 29, 1999) through June 7, 1999. The portion of the judgment, as amended by the court of appeal, awarding supplemental earnings benefits from June 8, 1999, through February 9, 2000, is unaffected by this decision. REVERSED, AMENDED AND RENDERED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/2004ca0671.pc.pdf">2004-CA-0671 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GARY L. RING v. STATE OF LOUISIANA, ET AL.&nbsp;</a>(Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court declaring La. R.S. 32:389(C)(4)(a) unconstitutional is vacated and set aside. The case is remanded to the district court for further proceedings consistent with this opinion.&nbsp;&nbsp;</div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 9th day of September, 2022 are as follows:<h1> BY Weimer, C.J.:</h1><a href="/Opinions/2022/21-1670.C.OPN.pdf">2021-C-01670 CARLO CAROLLO, JR., AND FRANK CAROLLO, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF CARLO CAROLLO, SR. AND THE ESTATE OF ANGELINA CAROLLO VS. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of St. Bernard) AFFIRMED. SEE OPINION. Hughes, J., concurs and assigns reasons. Genovese, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Genovese, J.<h1> BY Crichton, J.: </h1><a href="/Opinions/2022/21-1521.CC.OPN.pdf">2021-CC-01521 SUCCESSION OF RAYMOND JOHN BRANDT</a> (Parish of Jefferson) AFFIRMED. SEE OPINION. Hughes, J., dissents and assigns reasons. Genovese, J., dissents for the reasons assigned by Hughes, J. Griffin, J., dissents for the reasons assigned by Hughes, J. </div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;7th day of September, 2018, are as follows:&nbsp;BY JOHNSON, C.J.:<a href="/opinions/2018/16-0559.KA.OPN.pdf">2016-KA-0559 STATE OF LOUISIANA v. BRIAN DOUGLAS HORN</a>&nbsp;(Parish of Desoto) This is a direct appeal under La. Const. art. V, &sect; 5(D) by defendant, Brian Douglas Horn. On April 12, 2010, defendant was indicted by a grand jury in DeSoto Parish for the first-degree murder of 12-year-old Justin Bloxom. Following the close of evidence at trial, a jury unanimously found defendant guilty as charged and, at the conclusion of the penalty phase of the trial, recommended a sentence of death. The district court sentenced defendant to death in accordance with that recommendation. In his appeal to this court, defendant raises seventy assignments of error. Finding merit in defendant&rsquo;s assignment of error asserting a violation of his Sixth Amendment right to counsel, we vacate defendant&rsquo;s conviction and sentence and remand this matter to the district court for a new trial. DEFENDANT&rsquo;S CONVICTION AND SENTENCE ARE VACATED; REMANDED TO THE DISTRICT COURT FOR A NEW TRIAL.Retired Judge Burrell Carter assigned as Justice ad hoc, sitting for Crichton, J., recused.WEIMER, J., additionally concurs and assigns reasons. GUIDRY, J., additionally concurs for the reasons assigned by J. Weimer. CRICHTON, J., recused.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2018/17-1453.KK.OPN.pdf">2017-KK-1453 CITY OF NEW ORLEANS v. LAWRENCE CLARK</a>&nbsp;(Parish of Orleans) Defendant, Lawrence Clark, was issued a citation for displaying his art for sale on the neutral ground at Decatur Street and Esplanade Avenue in New Orleans, in violation of New Orleans Municipal Code &sect;110 -11.&nbsp; Mr. Clark moved to quash the charging affidavit, asserting the ordinance is unconstitutional.&nbsp; We granted this writ application to consider whether New Orleans Municipal Code &sect;110 -11, which regulates the outdoor retail sale of art, is unconstitutional as a violation of Mr. Clark&rsquo;s First Amendment rights.&nbsp; For the following reasons, we find the ordinance is unconstitutional.&nbsp; Therefore, we reverse the lower courts&rsquo; rulings and grant the motion to quash the charging affidavit against Mr. Clark. REVERSED; MOTION TO QUASH GRANTEDJOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td 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 10th day of July, 2006, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2006/05CC1036.pdf">2005-CC-1036	BETTY MCGEE, ET AL. v. A C AND S INC., ET AL. (Parish of Orleans)</a> For all the above reasons, we find that loss of enjoyment of life may be recoverable as a separate element of general damages that may beincluded on a jury verdict form. Therefore, we reverse the court ofappeal's ruling granting the motion in limine and reinstate the district court's ruling denying the motion in limine to preclude plaintiffs from asserting a claim for loss of enjoyment of life. REVERSED.VICTORY, J., dissents and assigns reasons. KNOLL, J., additionally concurs with reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2006/05KA0011.pdf">2005-KA-0011	STATE OF LOUISIANA v. DONALD LEE LEGER, JR. (Parish of St. Mary)</a> (First Degree Murder) For the reasons assigned herein, and within the unpublished appendix made part of this opinion, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/opinions/2006/05C1783.pdf">2005-C- 1783 C/W&nbsp; 2005-C- 1818&nbsp; SUSAN HILL v. SHELTER MUTUAL INSURANCE COMPANY, KATHLEEN R. CANNON, WILLIAM C. RICHARD AND U. S. AGENCIES CONSOLIDATED WITH: MICHAEL W. CANNON AND RANDALL L. CANNON v. SHELTER MUTUAL INSURANCE COMPANY, KATHLEEN R. CANNON, WILLIAM C. RICHARD AND U.S. AGENCIES (Parish of Ascension)</a> For the foregoing reasons, we affirm the decision of the court of appeal in part, reverse the decision of the court of appeal in part, and remand the matter to the trial court for further proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2006/05K1569.pdf">2005-K- 1569	STATE OF LOUISIANA v. MELVIN ELIE (Parish of E. Baton Rouge) (Manslaughter)</a> For the foregoing reasons, we reverse the appellate court's judgment. We reinstate the defendant's jury conviction and the trial court'simposition of a sentence of twenty years at hard labor. REVERSED; DEFENDANT'S CONVICTION AND SENTENCE AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;<a href="/opinions/2006/05KA2425.pdf">2005-KA-2425	STATE OF LOUISIANA v. JIMMY M. TURNER (Parish of Sabine)</a> (First Degree Murder - Two Counts) The judgment of the trial court is reversed, and the matter remanded for proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and will assign reasons. VICTORY, J., concurs and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/05C1418.pdf">2005-C- 1418	ALFRED KENNEDY, III v. SHERIFF OF EAST BATON ROUGE AND JACK IN THE BOX EASTERN DIVISION L.P. D/B/A JACK IN THE BOX (Parish of E. Baton Rouge)&nbsp;</a> The decision of the court of appeal with respect to defendant Jack in	the Box is reversed and the judgment of the district court granting summary judgment in favor of defendant Jack in the Box is reinstated. REVERSED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2006/05CC1508.pdf">2005-CC-1508&nbsp;	C/W&nbsp; 2005-CC-1527&nbsp; THOMAS GARZA, SR., SANDRA GARZA AND THOMAS GARZA, JR. v. DELTA TAU DELTA FRATERNITY NATIONAL, DELTA TAU DELTA FRATERNITY LOCAL, SOUTHEASTERN LOUISIANA UNIVERSITY, HAMMOND CITY POLICE DEPARTMENT, OFFICER EDWIN BERGERON, PAUL UPSHAW, AND ABC INSURANCE COMPANY (Parish of E. Baton Rouge)</a> Because the portions of the suicide note presently in question do not qualify as an exception to the hearsay rule pursuant to La. C.E. art. 804(B)(2) or art. 803(3), the suicide note is inadmissible hearsay,requiring the reversal of the lower courts' rulings. JUDGMENT REVERSED; MATTER REMANDED.KIMBALL, J., dissents for reasons assigned by Traylor, J. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05CA1702.pdf">2005-CA-1702	IN RE: JOSEPH MELANCON, III (Parish of Tangipahoa)</a> Based on the lack of a proper evidentiary record, we conclude thedistrict court erroneously declared the statute unconstitutional anderroneously issued an injunction prohibiting its use. Thus, we reverse the judgment and dismiss plaintiff's petition. REVERSED; PETITION DISMISSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2006/05K1905.pdf">2005-K- 1905	STATE OF LOUISIANA v. MATTHEW KELLEY (Parish of Orleans)</a> (Possession of Methamphetamine - One Count) (Possession of Hydrocodone - One Count, With Intent to Distribute) Accordingly, the decision of the court of appeal is reversed, anddefendant's convictions and sentences are reinstated, and defendant is restored to his active probationary status. DECISION OF COURT OF APPEAL REVERSED; CONVICTIONS AND SENTENCESREINSTATED.VICTORY, J., additonally concurring with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;17th day of May, 2002&nbsp;, is as follows:&nbsp;BY WEIMER, J.:&nbsp;<a href="/opinions/2002/01K0273.opn.pdf">2001-K- 0273 STATE OF LOUISIANA v. DARIAN ROBINSON&nbsp;</a>(Parish of Orleans) (Possession of Cocaine with Intent to Distribute) For the reasons assigned, the defendant's conviction and sentence for possession of cocaine with the intent to distribute is reversed and set aside, and the case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED TO THE TRIAL COURT.&nbsp;<a href="/opinions/2002/01k0273.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/01k0273.cdt.pdf">TRAYLOR, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;4th day of May, 2001, are as follows:PER CURIAM:<a href="/opinions/2001/00k0862.pc.pdf">2000-K- 0862 STATE OF LOUISIANA v. MELVIN DUMAS</a>&nbsp;(Parish of Caddo) (Possession of a Firearm by a Convicted Felon) Accordingly, the decision of the Second Circuit is reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. JUDGMENT OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.JOHNSON, J., dissents and will assign reasons.&nbsp;<a href="/opinions/2001/00b2966.pc.pdf">2000-B- 2966 IN RE: PIERRE F. GAUDIN, JR. </a>Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Pierre F. Gaudin, Jr. be suspended from the practice of law in Louisiana for a period of eighteen months, retroactive to February 2, 2000, the date of his interim suspension. 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 the finality of this court's judgment until paid.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.JOHNSON, J., dissents and would impose a harsher penalty. VICTORY, J., dissents and would impose a harsher sanction. TRAYLOR, J., dissents and would impose a harsher sanction.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #039</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 8th day of September, 2023, are as follows:&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2023/22-1827.KK.OPN.pdf">2022-KK-01827&nbsp;STATE OF LOUISIANA VS. WILLIAM WAYNE LEE, JR.</a>&nbsp;(Parish of St. Tammany) REVERSED AND REMANDED. SEE OPINION.Retired Judge Paul Bonin, appointed Justice ad hoc, sitting for Hughes, J., recused in case number 2022-KK-01827 only.Weimer, C.J., dissents and assigns reasons. Genovese, J., dissents for reasons assigned by Weimer, C.J. and Griffin, J. Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2023/22-1713.CC.OPN.pdf">2022-CC-01713&nbsp;WILLIAM MELLOR, ET AL. VS. THE PARISH OF JEFFERSON, ET AL.</a>&nbsp;(Parish of Jefferson) AFFIRMED IN PART; VACATED IN PART; REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2023/22-1763.C.OPN.pdf">2022-C-01763&nbsp;IN RE: THE SUCCESSION OF DIANA BARTLETT MORGAN</a>&nbsp;(Parish of East Baton Rouge) REVERSED. SEE OPINION.Retired Judge Charles Porter, appointed Justice ad hoc, sitting for Genovese, J., recused in case number 2022-C-01763 only.Weimer, C.J., dissents and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons. McCallum, J., additionally concurs and assigns reasons. Porter, A.H.J., dissents for reasons assigned by Weimer, C.J. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #039</div></td></tr><tr valign="top"><td 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&nbsp;2nd day of July, 2012, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2012/11CC2377.opn.pdf">2011-CC-2377	ANN BERNARD, ET AL. v. ANTOINETTE ELLIS, ET AL.</a>&nbsp;(Parish of Orleans)For the above reasons, we find that Plaintiffs, as guest passengers, were using Ann Bernard&rsquo;s vehicle. Further, based on the facts of this case, we find that the accident arose out of the Plaintiffs&rsquo; use of the vehicle. Thus, we hold that Plaintiffs are liability insureds under the Imperial policy, and therefore entitled to UM coverage under the policy. Imperial&rsquo;s motion for partial summary judgment was properly denied. AFFIRMED AND REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS.VICTORY, J., dissents for reasons assigned by Justice Guidry. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for reasons by Justice Guidry.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2012/11C2648.opn.pdf">2011-C -2648	PETER D. VIZZI, M.D., A MEDICAL CORPORATION v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT</a>&nbsp;(Parish of Lafayette)For the reasons stated herein, the judgments of the lower courts are reversed and judgment is rendered granting Lafayette City-Parish Consolidated Government&rsquo;s motion for summary judgment and dismissing the case with prejudice. REVERSED AND RENDERED.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2012/12CC0043.opn.pdf">2012-CC-0043	JACQUELINE T. HODGES AND HRC SOLUTIONS, INC. (FORMERLY KNOWN AS MED-DATA MANAGEMENT, INC.) v. KIRK REASONOVER, ESQ., ALFRED A. OLINDE, JR., ESQ. AND REASONOVER &amp; OLINDE, LLC.</a>&nbsp;(Parish of Orleans)The judgment of the lower courts is affirmed, and the matter is remanded to the district court for further proceedings. AFFIRMED AND REMANDED.KIMBALL, C.J., dissents with reasons. JOHNSON, J., concurs in result. VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2012/11CA2226.opn.pdf">2011-CA-2226	LOUISIANA FEDERATION OF TEACHERS, EAST BATON ROUGE FEDERATION OF TEACHERS, JEFFERSON FEDERATION OF TEACHERS VERNON L. BOLDEN, VENICE GUNNER-HOLIDAY, TERI ANN JOHNSON &amp; RACHEL RASBERY v. STATE OF LOUISIANA &amp; THE BOARD OF ELEMENTARY &amp; SECONDARY EDUCATION</a>&nbsp;(Parish of E. Baton Rouge)The instant case presents no justiciable controversy currently amenable to resolution by this court. LFT has failed to demonstrate any real hardship requiring pre-enforcement review of the statute. It is not certain that a waiver will be requested or granted under the statute, and LFT will not be harmed by declining review of the statute at this point in time. Therefore, we reverse the decision of the trial court declaring La. Rev. Stat. 17:4041, et. seq. unconstitutional. REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/11C2566.opn.pdf">2011-C -2566	JERRI G. SMITKO v. GULF SOUTH SHRIMP, INC.</a>&nbsp;(Parish of Terrebonne)Accordingly, the trial court&rsquo;s ruling granting summary judgment and quieting title is reversed, and the matter is remanded to that court for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2012/11KA0958.opn.pdf">2011-KA-0958	STATE OF LOUISIANA v. JOSHUA DION WILLIAMS</a>&nbsp;(Parish of E. Baton Rouge)(Second Degree Murder)For the reasons set forth above, we reverse the trial court&rsquo;s granting of defendant&rsquo;s motion to quash his indictment, and remand to that court for further proceedings in accordance with this decision.KIMBALL, C.J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/11OB0778.pc.pdf">2011-OB-0778	IN RE: SAM JUDE HOLLOWAY</a>Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2012/11K1174.pc.pdf">2011-K -1174	STATE OF LOUISIANA v. COURTNEY PAUL SAVOY</a>&nbsp;(Parish of Rapides) (Simple Escape)Accordingly, the decision below setting aside defendant&rsquo;s sentence as excessive is reversed and this case is remanded to the court of appeal for consideration of defendant&rsquo;s pro se claim pretermitted on original appeal that his resentencing as a habitual offender to a term of imprisonment twice as long as originally imposed does not comport with due process of law. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2012/11K1609.pc.pdf">2011-K -1609	STATE OF LOUISIANA v. MARY HENDERSON TRAHAN</a>&nbsp;(Parish of Lafayette) (Second Degree Murder)We therefore reverse the decision below, reinstate respondent&rsquo;s conviction for second degree murder and life sentence, and remand the case to the district court for execution of sentence.&nbsp;<a href="/opinions/2012/11CK1701.pc.pdf">2011-CK-1701	STATE IN THE INTEREST OF C.D.</a>&nbsp;(Parish of Orleans)(Distribution of Heroin)We therefore find no clear error in the juvenile court&rsquo;s determination defendant delivered the packet of heroin to Charles. The decision of the court of appeal is therefore reversed, the juvenile court&rsquo;s adjudication of delinquency is reinstated, and this case is remanded to the juvenile court for purposes of executing its disposition order.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/11K2238.pc.pdf">2011-K -2238	STATE OF LOUISIANA v. RICKY CURE</a>&nbsp;(Parish of Orleans) (Possession of Heroin)Accordingly, the decision below is reversed, defendant&rsquo;s conviction and sentence are reinstated, and this case is remanded to the district court for purposes of execution of sentence.&nbsp;<a href="/opinions/2012/11C2638.pc.pdf">2011-C -2638	JAMES MERCER v. NABORS DRILLING USA, L.P.</a>&nbsp;(Office of Workers&rsquo; Compensation, District 2)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the Office of Workers&rsquo; Compensation granting summary judgment in favor of Nabors Drilling USA, LP is reinstated, at claimant&rsquo;s cost.&nbsp;<a href="/opinions/2012/11C2678.pc.pdf">2011-C -2678	HENRY MARANGE, JR. v. CUSTOM METAL FABRICATORS, INC., ET AL.</a>&nbsp;(Office of Workers&rsquo; Compensation, District 3)For the reasons assigned, the judgment of the court of appeal is reversed, and the judgment of the Office of Workers&rsquo; Compensation is reinstated.&nbsp;<a href="/opinions/2012/11C2711.pc.pdf">2011-C -2711	TANYA LATO PONCETI, INDIVIDUALLY AND ON BEHALF OF KAITLYN ELIZABETH PONCETI v. FIRST LAKE PROPERTIES, INC. D/B/A THE WOODLANDS, AND JOHN DOE</a>(Parish of St. Tammany)For the reasons assigned, the judgment of the district court is reversed. Summary judgment of First Lake Properties, Inc. d/b/a the Woodlands and John Doe is granted, dismissing plaintiff's suit with prejudice.GUIDRY, J., recused.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #039</div></td></tr><tr valign="top"><td 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&nbsp;6th day of July, 2006, are as follows: BY CALOGERO, C.J.: <a href="/opinions/2006/05C1935.pdf">2005-C- 1935 C/W 2005-C- 1940&nbsp; CHANDA JAN COVINGTON SPINOSA v. JOSEPH THOMAS SPINOSA</a>&nbsp;(Parish of E. Baton Rouge) The judgment of the court of appeal overruling the defendants' exceptions of subject-matter jurisdiction and venue are here affirmed. The case is remanded to the Family Court of East Baton Rouge Parish for such further proceedings as the parties deem necessary and not inconsistent with this opinion. AFFIRMED; REMANDED TO THE FAMILY COURT. Judge Dennis R. Bagneris, Sr., assigned as Justice Ad Hoc, for Associate Justice Chet D. Traylor, recused.&nbsp; BY JOHNSON, J.: <a href="/opinions/2006/05CJ1965.pdf">2005-CJ-1965 STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES, IN THE INTEREST OF D. F. v. L. T.</a>, JR. CONSOLIDATED WITH STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES, IN THE INTEREST OF J. T. v. L. T., JR. (Parish of Jefferson) Thus, we find that the lower courts erred in their rulings. We reversethe lower courts' judgments and remand the case to the trial court to reassess the father's child support obligation. REVERSED and REMANDED KNOLL, J., concurs in the result. &nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2006/05C2126.pdf">2005-C- 2126 CHRISTY SALVANT, INDIVIDUALLY, AND AS NATURAL TUTRIX OF HER MINOR SON,SHAWN LEWIS, JR. AND SHAWN LEWIS, SR. v. STATE OF LOUISIANA,</a>&nbsp;THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, LOUISIANA STATE UNIVERSITY MEDICAL CENTER AT NEW ORLEANS MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, ET AL. (Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. REVERSED. CALOGERO, C.J., dissents. JOHNSON, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2006/06O0454.pdf">2006-O- 0454 IN RE: JUDGE TAMMY LEE,&nbsp;</a>MONROE CITY COURT, STATE OF LOUISIANA For the foregoing reasons, it is ordered that Judge Tammy D. Lee be, and she hereby is, suspended from judicial office for 120 days without pay. It is further ordered that Judge Lee reimburse and pay to the Judiciary Commission costs in the sum of $974.70 incurred in the investigation and prosecution of her case, pursuant to Supreme Court Rule XXIII, &sect; 22. RESPONDENT SUSPENDED, 120 DAYS WITHOUT PAY, AND CAST FOR COSTS. WEIMER, J., dissents as to the discipline imposed and assigns reasons. &nbsp;<a href="/opinions/2006/06CJ0501.pdf">2006-CJ-0501 STATE OF LOUISIANA IN THE INTEREST OF A.T., T.A., &amp; J.A.</a>(Parish of Livingston) For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED. TRAYLOR, J., dissents. KNOLL, J., dissents and assigns reasons. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2006/04K3039.pdf">2004-K- 3039 STATE OF LOUISIANA v. MICKEL BRISCO</a>&nbsp;(Parish of Iberia) For the foregoing reasons, the decision of the court of appeal is reversed and the sentence imposed by the district court is reinstated. REVERSED; SENTENCE REINSTATED. Retired Judge Phillip C. Ciaccio, sitting ad hoc for Justice Catherine D. Kimball, not on panel. JOHNSON, J., dissents and assigns reasons. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/05B1871.pdf">2005-B- 1871 IN RE: MITCHELL REID LANDRY</a>&nbsp;(Disciplinary Board) 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 Mitchell Reid Landry, Louisiana Bar Roll number 24147, be suspended from the practice of law for a period of six months. It is further ordered that all but thirty days of the suspension shall be deferred and respondent shall be placed on unsupervised probation for six months, subject to the condition that any misconduct during this 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's judgment until paid. TRAYLOR, J., dissents and would impose greater discipline. &nbsp;<a href="/opinions/2006/05C2378.pdf">2005-C- 2378 FRANK HAYNES v. UNITED PARCEL SERVICE</a>&nbsp;(Office Of Workers' Compensation, Dist. #1W) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the Office of Workers' Compensation is reinstated. Both parties are to bear their own costs.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #039</div></td></tr><tr valign="top"><td 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&nbsp;24th day of May, 2005, are as follows:&nbsp;BY VICTORY, J.:&nbsp;<a href="/opinions/2005/04c2254.opn.pdf">2004-C- 2254 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GREGORY M. TAYLOR v. TOMMIE'S GAMING&nbsp;AND BRIDGEFIELD INSURANCE COMPANY</a> (Office Of Workers' Compensation District 1-W) For the reasons expressed herein, the judgments of the lower courts are reversed. The matter is remanded to the OWC for plaintiff to present any remaining witnesses or other evidence and to conclude his case, then for the remaining parties to present such evidence as they choose. REVERSED AND REMANDED.CALOGERO, C.J., assigns additional concurring reasons.&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2005/04b2395.opn.pdf">2004-B- 2395 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: NORMAN MOPSIK&nbsp;</a>(Disciplinary Proceedings)&gt;br /&gt;
Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Norman Mopsik, Louisiana Bar Roll number 9665, be and he hereby is suspended from the practice of law for a period of sixty days. 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's judgment until paid.KIMBALL, J., concurs in part and dissents in part and assigns reasons. TRAYLOR, J., concurs in part and dissents in part for reasons assigned by Kimball, J.&nbsp;<a href="/opinions/2005/04b2758.opn.pdf">2004-B- 2758 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: FRITZ M. STOLLER&nbsp;</a>(Disciplinary Proceedings) 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 the name of Fritz M. Stoller, also known as Frederick M. Stoller, Louisiana Bar Roll number 12495, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, Section 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.CALOGERO, C.J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents from the sanction of permanent disbarment and would impose the sanction of disbarment and assigns reason&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #039</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;23rd day of April, 2004, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03kk2815.opn.pdf">2003-KK-2815 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ARDIS ALLEN&nbsp;</a>(Parish of Bossier) The court of appeal judgment is therefore reversed, and the matter is remanded to the district court for further proceedings. REVERSED AND REMANDEDJudge Fred S. Sexton, retired, sitting ad hoc for Associate Justice Chet D. Traylor, recused.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03c1747.opn.pdf">2003-C -1747 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ANNETTE TOSTON, AS CURATRIX OF SYVELLA TOSTON
 AND TUTRIX OF TYRA TOSTON v. JAMES D. PARDON, NELSON R. CARR, PROGRESSIVE SECURITY INSURANCE COMPANY, ILLINOIS NATIONAL INSURANCE COMPANY, STATE OF LOUISIANA, THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of East Carroll) For the foregoing reasons, we affirm the decision of the court of appeal insofar as it found Pardon's negligence was in part a cause-in-fact of the accident. However, we reverse the court of appeal's failure to assign fault to DOTD, and reallocate fault accordingly. The DOTD and Pardon are determined to be at fault, 80% and 20% respectively. The case is remanded to the district court to confect appropriate monetary judgment based upon the fault percentages. AFFIRMED IN PART; REVERSED IN PART; REMANDED.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents for the reasons assigned by Victory, J.&nbsp;&nbsp;BY KNOLL, J.:<a href="opinions/2004/03c1488.opn.pdf">2003-C -1488 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; KAREN J. RICHARD, INDIVIDUALLY AND ON BEHALF OFHER MINOR CHILD, EMILY RICHARD v. MICHAEL A. HALL, SCREENING SYSTEMS INTERNATIONAL, LOUISIANA DIVISION, INC., ALLSTATE INSURANCE COMPANY AND EMPIRE INSURANCE COMPANY</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgments of the district court and the appellate court are affirmed. AFFIRMED.JOHNSON, J., dissents. VICTORY, J., concurs in the result.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinion handed down on the 20th day of August, 2024 is as follows:&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/24-1005.C.OPN.pdf">2024-C-01005&nbsp;ELISA KNOWLES COLLINS VS. LESLIE RICARD CHAMBERS, HON. MARCUS L. HUNTER, AND NANCY LANDRY IN HER CAPACITY AS THE SECRETARY OF STATE FOR THE STATE OF LOUISIANA</a>&nbsp;(Parish of East Baton Rouge) JUDGMENTS OF THE LOWER COURTS REVERSED. SEE PER CURIAM.Weimer, C.J., additionally concurs and assigns reasons. Hughes, J., dissents and assigns reasons. Crain, J., concurs and assigns reasons. Griffin, J., dissents. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinion handed down on the 6th day of October, 2020 is as follows:<h1>PER CURIAM::</h1><a href="/Opinions/2020/20-0117.B.OPN.pdf">2020-B-00117 IN RE: CANDACE POUSSON HOWAY</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that Candace Pousson Howay, Louisiana Bar Roll number 32508, be and she hereby is suspended from the practice of law for two years. It is further ordered that respondent refund the sum of $3,000, with legal interest, to Russell Pawlowski. 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's judgment until paid. SUSPENSION IMPOSED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Johnson, C.J., dissents in part and assigns reasons.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td 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&nbsp;28th day of June, 2013, are as follows:&nbsp;BY VICTORY, J.: <a href="/opinions/2013/12CC2668.opn.pdf">2012-CC-2668	SPECIALIZED LOAN SERVICING, L.L.C. v. DONYELLE JANUARY, ASSURANT SPECIALTY PROPERTY, AMERICAN SECURITY INSURANCE COMPANY AND CAPITAL ONE BANK</a>&nbsp;(Parish of Orleans)For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED.KNOLL, J., dissents and assigns reasons. HUGHES, J., concurs with the result.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/12C2292cw12C2377.opn.pdf">2012-C -2292 C/W 2012-C -2377 CYNTHIA FRY PEIRONNET AND ELIZABETH FRY FRANKLIN v. MATADOR RESOURCES COMPANY</a>&nbsp;(Parish of Caddo) Retired Judge Hillary Crain was assigned pro tempore, sitting for Victory J., recused.For these reasons, we reverse the judgment of the Court of Appeal and hereby reinstate the judgment of the District Court in its entirety.&nbsp; REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2013/13C0262.opn.pdf">2013-C -0262	DEREK ALAN POCIASK v. KERA MOSELEY</a>&nbsp;(Parish of St. Tammany)For the reasons set forth above, we reverse the court of appeal's decision and reinstate the judgment of the district court. REVERSED; DISTRICT COURT'S JUDGMENT REINSTATED.&nbsp;<a href="/opinions/2013/13CA0499.opn.pdf">2013-CA-0499	THE RETIRED STATE EMPLOYEES ASSOCIATION, FRANK LUCIEN JOBERT, JR., DUDLEY ANTHONY GAUTREAUX, BENNY GLYNN HARRIS, FRANCES DIANNE LANDREAUX GUILLOT AND LORRAINE SIMMONS TROTTER v. THE STATE OF LOUISIANA, HONORABLE BOBBY JINDAL, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF LOUISIANA; AND HONORABLE JOHN NEELY KENNEDY, IN HIS OFFICIAL CAPACITY AS TREASURER OF THE STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we affirm the district court's judgment.&nbsp; AFFIRMED&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2013/13C0022.opn.pdf">2013-C -0022	DANIEL MILBERT, ET AL. v. ANSWERING BUREAU, INC.</a>&nbsp;(Parish of Lafayette)We therefore reverse the summary judgment granted to the defendant in the district court and affirmed by the court of appeal. We remand this matter to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp; BY HUGHES, J.:<a href="/opinions/2013/12C1711.opn.pdf">2012-C -1711	MARY PHYLLIS SOILEAU v. SMITH TRUE VALUE AND RENTAL, ET AL.</a>&nbsp;(Parish of Evangeline)Judge Jefferson D. Hughes III was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the reasons stated herein, we reverse the appellate court's judgment and remand this matter to the appellate court for disposition of the parties' remaining assignments of error. REVERSED; REMANDED TO THE COURT OF APPEAL, THIRD CIRCUIT.VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for the reasons assigned by Guidry, J.&nbsp;&nbsp;<a href="/opinions/2013/12c1892.opn.pdf">2012-C -1892	TOMMIE M. GRANGER, M.D. v. CHRISTUS HEALTH CENTRAL LOUISIANA, ET AL.</a>&nbsp;(Parish of Rapides)For the reasons assigned and as stated herein, we affirm in part and reverse in part the judgment rendered in favor of the plaintiff, Tommie M. Granger, M.D.; the award of $2,894,000 in lost income is hereby vacated. AFFIRMED IN PART; REVERSED IN PART; AWARD OF LOST INCOME VACATED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/10OB2415.opn.pdf">2010-OB-2415	IN RE: SUBIA EKRAM</a>Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp; ADMISSION DENIED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons given by Weimer, J.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;3rd day of June, 2008, is as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2008/07K1052.opn.pdf">2007-K- 1052 STATE OF LOUISIANA v. ELLERY C. JONES</a> (Parish of Plaquemines)(Attempted Obstruction of Justice) For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;23rd day of May, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2003/2000k3347.opn.pdf">2000-K- 3347 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. BYRON C. LOVE&nbsp;</a>(Parish of Orleans) (Possession of Cocaine With Intent to Distribute) The decision of the court of appeal vacating the defendant's conviction and sentence is reversed. The conviction and sentence are reinstated. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED.KIMBALL, J., concurs and assigns reasons. JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/2002ca1796.opn.pdf">2002-CA- 1796 &nbsp;&nbsp;&nbsp;&nbsp; FRANK BAIST ALLAIN, ET AL. v. MARTCO PARTNERSHIP&nbsp;</a>(Parish of Iberville) For the foregoing reasons, the decision of the court of appeal regarding the unconstitutionality of article LSA-R.S. 3:4278.2 and damages awarded to the minority co-owners is hereby reversed. REVERSED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;14th day of May, 2002, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.:&nbsp;<a href="/opinions/2002/00k2934.opn.pdf">2000-K- 2934 STATE OF LOUISIANA v. LANDOUR BOUIE</a> (Parish of E. Baton Rouge) (Attempted Second Degree Murder) Under the circumstances of this case, we conclude the defendant should have been permitted to withdraw his plea of guilty. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. VICTORY, J., dissents for the reasons assigned by Justice Weimer. TRAYLOR, J., dissents for reasons assigned by Weimer, J. <a href="/opinions/2002/00k2934.jlw.pdf">WEIMER, J., dissents with reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01cc2078.opn.pdf">2001-CC- 2078 ROGER WALKER, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of Livingston) <a href="/opinions/2002/01cc2078.opn.pdf">C/W 2001-CC- 2079 WILLIE MAE MIXON, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of Ascension) With regard to the Willie Mae Mixon case, the court of appeal was correct in determining that Danial Vidrine should be allowed to serve as counsel for plaintiff, and we affirm that ruling. As to the Roger Walker case, the district court erred in finding that Danial Vidrine should be disqualified, and we reverse that determination.Willie Mae Mixon, et al. v. State of Louisiana, Dept. of Transp. and Dev. Docket Number 01-CC-2079: AFFIRMED&nbsp; Roger Walker, et al. v. State of Louisiana, Dept. of Transp. and Dev. Docket Number 01-CC-2078: REVERSED AND REMANDED&nbsp;&nbsp;BY KIMBALL, J.:&nbsp;<a href="/opinions/2002/00k2998.opn.pdf">2000-K- 2998 STATE OF LOUISIANA v. LARRY EVERETT</a> (Parish of Orleans) (Habitual Offender Law - Third Felony Offender) For the foregoing reasons, we find that the trial court did not err in adjudicating defendant a third offender notwithstanding the fact that he could not previously have been adjudicated a second offender. The court of appeal's judgment vacated the defendant's adjudication as a third felony offender and sentence is reversed. The trial court's judgment adjudging defendant a third felony offender and imposing sentence therefor is reinstated. REVERSED.&nbsp;<a href="/opinions/2002/00k2998.pfc.pdf">CALOGERO, C.J., concurs in the result and assigns reasons.</a>&nbsp;<a href="/opinions/2002/01k0293.opn.pdf">2001-K- 0293 STATE OF LOUISIANA v. EDDIE SIMMONS</a> (Parish of Jefferson) (Attempted Unauthorized Entry of an Inhabited Dwelling) Defendant's conviction and sentence for attempted unauthorized entry of an inhabited dwelling is reversed and the matter is remanded for a new trial. Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Chief Justice Pascal F. Calogero, Jr., recused. REVERSED AND REMANDED.&nbsp;&nbsp;<a href="/opinions/2002/01ka0405.opn.pdf">2001-KA- 0405 STATE OF LOUISIANA v. JOSEPH MICHAEL CARMOUCHE</a> (Parish of Acadia) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La.R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La.R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY JOHNSON, J.:&nbsp;<a href="/opinions/2002/01c1989.opn.pdf">2001-C- 1989 JAMES O. RHODES v. RALPH LEWIS, SR. ET AL.</a> (Parish of Calcasieu) We hold that LSA-C.C.P. art. 1915(A)(1) is inapplicable to workers' compensation cases. Accordingly, we affirm the court of appeal's determination that the appeal in this matter was premature.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2002/01ka2149.opn.pdf">2001-KA- 2149 STATE IN THE INTEREST OF D. J.&nbsp;</a>(Parish of Orleans) For the reasons stated herein, the judgment of the Juvenile District Court for the Parish of Orleans declaring La. Ch. C. art. 808 unconstitutional is reversed and the matter is remanded to that court for further proceedings in accordance with this opinion. REVERSED AND REMANDED.&nbsp; <a href="/opinions/2002/01ka2149.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons.</a> <a href="/opinions/2002/01ka2149.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2002/01c2578.opn.pdf">2001-C- 2578 E.R. CAMPBELL, III, ET UX v. HAROLD KEITH MELTON</a> (Parish of Caddo) For the reasons assigned, the judgments of the trial court and appeals court are vacated and set aside. It is now ordered that there be judgment in favor of defendant, Harold Keith Melton, and against the plaintiffs, Edward and Kimberly Campbell. It is further ordered that the reconventional demand by Harold Melton is hereby dismissed. It is further ordered that the Clerk of Court for the 1st Judicial District in Caddo Parish cancel the notice of lis pendens filed on December 18, 1997 under Instrument No. 1584980, in Mortgage Book 2677 at page 198, regarding the subject property. VACATED; JUDGMENT RENDERED FOR DEFENDANT.&nbsp; Retired Justice Walter F. Marcus, assigned as Associate Justice Ad Hoc, sitting for Justice Catherine D. Kimball, recused.<a href="/opinions/2002/01c2578.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons. </a>VICTORY, J., concurs. WEIMER, J., concurs.&nbsp; &nbsp;<a href="/opinions/2002/01kk2712.opn.pdf">2001-KK- 2712 STATE OF LOUISIANA v. TENNA BENOIT, JR.</a> (Parish of Jefferson) (Driving While Intoxicated) Accordingly, the police officer's conduct did not violate La. Rev. Stat. 32:895.1(F). We, therefore, reverse the appellate court's order and reinstate the district court's denial of the defendant's motion to suppress and remand this matter to the trial court for further proceedings consistent with this opinion.&nbsp; &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/00k1580.opn.pdf">2000-K- 1580 STATE OF LOUISIANA v. MARVA L. WATSON A/K/A LAWRENCE LACKINGS</a> (Parish of Orleans) (Possession of Heroin) For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate defendant's conviction and sentence. The defendant's claim of ineffective assistance of counsel is referred to post-conviction proceedings. JUDGMENT REVERSED, CONVICTION AND SENTENCE REINSTATED.&nbsp; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; <a href="/opinions/2002/00k1580.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons.</a> <a href="/opinions/2002/00K1580.BJJ.PDF">JOHNSON, J., dissents and assigns reasons.</a> &nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2002/01k0554.opn.pdf">2001-K- 0554 C/W 2001-K-0667 STATE OF LOUISIANA v. MICHAEL WILLIAMS</a> (Parish of Jefferson)&nbsp; (Second Degree Murder) For the foregoing reasons, we reverse the decision of the court of appeal ordering a new trial and remand the matter to the court of appeal to consider the merits of Michael Williams' original appeal. REVERSED AND REMANDED.&nbsp; &nbsp;&nbsp;PER CURIAM:&nbsp; <a href="/opinions/2002/01b2772.pc.pdf">2001-B- 2772 IN RE: DURINDA L. ROBINSON </a>(Disciplinary Proceedings) For the reasons assigned, it is ordered that Durinda L. Robinson be suspended from the practice of law for a period of one year. It is further ordered that eleven months of the suspension be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on probation subject to the conditions set forth in this opinion. 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's judgment until paid.&nbsp; &nbsp;<a href="/opinions/2002/01cc2837.pc.pdf">2001-CC- 2837 LISA RACINE AND JAMES RAY RACINE&nbsp;, INDIVIDUALLY AND AS NATURAL TUTOR/TUTRIX OF THE MINOR CHILDREN, HUNTER RACINE AND LOGAN RACINE v. MOON'S TOWING, GOLDWASSER MOVING AND STORAGE, INC. ROBERT GOLDWASSER, LOUIS HAUSER, INSURANCE COMPANY OF AMERICA AND XYZ INSURANCE COMPANY</a> (Parish of Jefferson) For the reasons assigned, the judgment of the district court is reversed. Summary judgment is granted in favor of Goldwasser Moving and Storage Company, Inc. d/b/a A-Arpin Moving &amp; Storage and Robert Goldwasser, dismissing plaintiffs' claims against them with prejudice. All costs in this court are assessed against plaintiffs.&nbsp; &nbsp;<a href="/opinions/2002/01b3240.pc.pdf">2001-B- 3240 IN RE: WILLIAM TRACY BARSTOW</a> (Disciplinary Proceedings) For the reasons assigned, it is ordered that respondent be suspended from the practice of law for a period of three months for the misconduct charged in Count I. This suspension shall be fully deferred, and respondent shall be placed on probation for a period of one year, subject to the provision that any misconduct during this time will be grounds for making the deferred portion of the suspension executory. It is further ordered that respondent be and hereby is publicly reprimanded for the misconduct charged in Count II. 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's judgment until paid.&nbsp; Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.&nbsp; JOHNSON, J., dissents and would impose a greater penalty. TRAYLOR, J., dissents and would impose a greater penalty.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #038</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;26th day of May, 2000, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2000/99k2209.opn.pdf">1999-K- 2209 STATE OF LOUISIANA v. JOHN CARR</a> (Parish of E. Baton Rouge) (Operating a Vehicle While Intoxicated) For the reasons assigned, the judgment of the court of appeal is REVERSED. The trial court judgment granting defendant's motion to quash the bill of information, which charged defendant with DWI, is reninstated. The case is remanded to the trial court for further proceedings.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. KIMBALL, J., dissents. VICTORY, J., dissents. <a href="/opinions/2000/99k2209.cdt.pdf">TRAYLOR, J., dissents and assigns reasons. </a><a href="/opinions/2000/99k2209.jtk.pdf">KNOLL, J., concurs for additional reasons</a>.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99k1569.pc.pdf">1999-K- 1569 STATE OF LOUISIANA v. FIDELIS OWUNTA</a> (Parish of Orleans) (Carnal Knowledge of a Juvenile - Five Counts) Accordingly, the decision of the court of appeal is reversed, relator's conviction and sentence are vacated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. CONVICTION AND SENTENCE REVERSED; CASE REMANDED.VICTORY, J., not on panel. See La. S.Ct. Rule IV, Part II, &sect; 3.&nbsp;<a href="/opinions/2000/99b3593.pc.pdf">1999-B- 3593 IN RE: EDWARD L. HENDERSON </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disiplinary board, and considering the record, briefs, and oral argument, it is ordered that Edward L. Henderson be suspended from the practice of law in Louisiana for a period of two years. All costs and expenses in this 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's judgment until paid.TRAYLOR, J., not on panel. Rule IV, Part II, &sect; 3. <a href="/opinions/2000/99b3593.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00b0086.pc.pdf">2000-B- 0086 IN RE: EARL BOYDELL, JR. </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Earl Boydell, Jr. be suspended from the practice of law in Louisiana for a period of three years. All costs and expenses in this 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's judgment until paid.MARCUS, J., not on panel. Rule IV, Part II, &sect; 3. CALOGERO, C.J., dissents only regarding the discipline imposed and would suspend respondent from practicing law for 18 months.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #037</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style>&nbsp;The Opinions handed down on the 19th day of August, 2022 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2022/22-1212.C.OPN.pdf">2022-C-01212&nbsp; &nbsp;FRANCIS DEAL&nbsp; VS.&nbsp; ADRIAN PERKINS AND CADDO PARISH CLERK OF COURT, MIKE SPENCE, IN HIS OFFICIAL CAPACITY</a> (Parish of Caddo) REVERSED AND RENDERED. SEE OPINION.Hughes, J., dissents and would affirm the lower courts. Crichton, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Justice Crichton and assigns additional reasons. &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #037</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 30th day of September, 2021 are as follows: <h1>BY Hughes, J.: </h1><a href="/opinions/2021/20-1266.CC.OPN.pdf">2020-CC-01266 JASON AND JOHNNA KUNATH, INDIVIDUALLY AND AS NATURAL TUTOR AND TUTRIX OF GRAYSON KUNATH, MINOR VS. SAMANTHA FAYE GAFFORD, THE STATE OF LOUISIANA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND SUZY SONNIER, SECRETARY, LOUISIANA DEPARTMENT OF CHILDREN AND FAMILY SERVICES</a> (Parish of Desoto) AFFIRMED AND REMANDED. SEE OPINION. Retired Judge Freddie Pitcher, Jr., appointed Justice ad hoc sitting for McCallum, J., recused in case number 2020-CC-01266 only. Weimer, C.J., concurs and assigns reasons. Crichton, J., concurs and assigns reasons. Griffin, J., concurs and assigns reasons. &nbsp;<h1>BY Crichton, J.: </h1><a href="/opinions/2021/18-1999.KA.OPN.pdf">2018-KA-01999 STATE OF LOUISIANA VS. DAVID H. BROWN</a> (Parish of Lafourche) CONVICTIONS AFFIRMED; DEATH SENTENCES REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. SEE OPINION. Retired Justice Jeannette Theriot Knoll, appointed Justice as hoc, sitting for Weimer, C.J., recused in case number 2018-KA-01999 only. Retired Judge Frank Hardy Thaxton, appointed Justice ad hoc, sitting for Crain, J., recused in case number 2018-KA-01999 only. Hughes, J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons. McCallum, J., additionally concurs and assigns reasons. Knoll, J., dissents in part and assigns reasons. &nbsp;<h1>BY Crain, J.: </h1><a href="/opinions/2021/20-1031.C.OPN.pdf">2020-C-01031 FAIRBANKS DEVELOPMENT, LLC VS. CHARLES WOODROW JOHNSON AND JESSICA LYN PETERSEN</a> (Parish of Ouachita) AFFIRMED. CASE REMANDED. SEE OPINION.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for McCallum, J., recused in case number 2020-C-01031 only. Weimer, C.J., additionally concurs and assigns reasons. Hughes, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Justice Hughes and Justice Genovese. Boddie, J., additionally concurs for the reasons assigned by Chief Justice Weimer. &nbsp;<h1>BY McCallum, J.: </h1><a href="/opinions/2021/20-1471.C.OPN.pdf">2020-C-01471 BILLIE COOK VS. SHARON SULLIVAN</a> (Parish of Bossier) AFFIRMED. SEE OPINION. Griffin, J., additionally concurs and assigns reasons. &nbsp;<h1>BY Griffin, J.: </h1><a href="/opinions/2021/20-1148.CC.OPN.pdf">2020-CC-01148 J. BENJAMIN ZAPATA AND AMANDA ZAPATA VS. STEPHEN WAYNE SEAL, DIVERSIFIED WELL LOGGING, INC. AND NAVIGATORS INSURANCE COMPANY</a> (Parish of Tangipahoa) AFFIRMED. SEE OPINION. Retired Chief Judge Felicia Toney Williams, appointed Justice ad hoc, sitting for Hughes, J., recused in case number 2020-CC-01148 only. Weimer, C.J., additionally concurs and assigns reasons. Crichton, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Justice Crichton and Justice Genovese. &nbsp;<h1>PER CURIAM: </h1><a href="/opinions/2021/20-1335.B.OPN.pdf">2020-B-01335 IN RE: JOSEPH N. MAYER, III</a> SUSPENSION IMPOSED. SEE PER CURIAM. Weimer, C.J., additionally concurs and assigns reasons. &nbsp;<a href="/opinions/2021/20-0743.K.OPN.pdf">2020-K-00743 STATE OF LOUISIANA VS. WALTER JOHNSON</a> (Parish of Ascension) REVERSED. SEE PER CURIAM. Weimer, C.J., additionally concurs and assigns reasons. Hughes, J., dissents and would affirm the court of appeal. Crichton, J., additionally concurs and assigns reasons. Crain, J., additionally concurs and assigns reasons. McCallum, J., concurs in the result and assigns reasons. Griffin, J., additionally concurs for the reasons assigned by Chief Justice Weimer. &nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #037</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;19th day of May, 2010, is as follows:PER CURIAM:<a href="/opinions/2010/10CA0255.opn.pdf">2010-CA-0255	CHARLES HOPKINS DBA OLD RIVER WATER COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.The decision of the Louisiana Public Service Commission is hereby AFFIRMED.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #037</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;1st day of June, 2007, is as follows:BY JOHNSON, J.:<a href="/opinions/2007/06K0481.opn.pdf">2006-K- 0481 STATE OF LOUISIANA v. WAYNE MACON</a> (Parish of Orleans) (Unauthorized Use of a Motor Vehicle) For the above reasons, the ruling of the court of appeal is reversed, and the jury's verdict is reinstated. This matter is remanded to the trial court for sentencing.TRAYLOR, J., concurs in the result.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #037</div></td></tr><tr valign="top"><td 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&nbsp;17th day of May, 2005, are as follows:BY WEIMER, J.:&nbsp;<a href="/opinions/2005/05oc1191.opn.pdf">2005-OC-1191 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ROBERT M. MARIONNEAUX, JR., AND LEE&nbsp;JOSEPH "JODY" AMEDEE, III v. DONALD E. "DON" HINES, PRESIDENT OF THE SENATE AND ARTHUR J. LENTINI, PARLIAMENTARIAN OF THE SENATE </a>(Parish of E. Baton Rouge) Judgment is rendered in favor of plaintiffs and against defendants on plaintiffs' petition for declaratory judgment. Accordingly, it is ordered, adjudged, and decreed that there be judgment herein declaring that "elected members" or "members elected," as that term is used in the Louisiana Constitution in referring to the members of the Senate, means the entire membership authorized to be elected, regardless of any vacancies, so that the current number of "elected members" or "members elected" of the Senate is thirty-nine.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinion handed down on the 29th day of September, 2020 is as follows:<h1>PER CURIAM:</h1><a href="/Opinions/2020/15-1592.KA.OPN.pdf">2015-KA-01592 STATE OF LOUISIANA VS. ISAIAH DOYLE</a> (Parish of Jefferson) The district court has determined that defendant is incompetent to assist counsel with this capital appeal and, further, that he is unlikely in the foreseeable future to be restored to competence. These determinations are supported by the record. In accordance with the joint motion of the parties, the case is remanded to the district court to expeditiously determine whether defendant lacks the capacity to understand the death penalty imposed in this case, such that he may not be executed. See State v. Perry, 502 So.2d 543 (La.1986); see also Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 355 (1986). REMANDED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td 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&nbsp;29th day of June, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/16C2267.opn.pdf">2016-C-2267 DARVEL BURGESS v. SEWERAGE &amp; WATER BOARD OF NEW ORLEANS</a>&nbsp;(Office of Workers&rsquo; Compensation, District 8) We remand this matter to the OWC for a determination of whether IWP is a permissible out-of-state provider under La. R.S. 23:1203(A). If so, the OWC judge must then determine the amount of reimbursement due after application of La. R.S. 23:1203(B), Lafayette Bone &amp; Joint, and La. R.S. 23:1142. REVERSED AND REMANDED TO THE OFFICE OF WORKERS' COMPENSATION FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.JOHNSON, C.J., additionally concurs and assigns reasons. HUGHES, J., dissents and will assign reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2017/16C1855cw16C1946.opn.pdf">2016-C-1855 C/W 2016-C-1946 CENTRAL PROPERTIES v. FAIRWAY GARDENHOMES, LLC, ET AL. C/W HUSKER PARTNERS/US BANK D/B/A HUSKER PARTNERS v. FAIRWAY GARDENHOMES, LLC, ET AL. C/W HUSKER PARTNERS/US BANK D/B/A HUSKER PARTNERS v. FAIRWAY GARDENHOMES, LLC, ET AL.</a>&nbsp;(Parish of St. Tammany) Retired Judge Walter James Rothschild, assigned as Justice ad hoc, sitting for Hughes, J., recused.Accordingly, we reverse the judgment of the court of appeal and remand the case to that court for consideration of the pretermitted issues. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16K0107.opn.pdf">2016-K-0107 STATE OF LOUISIANA v. THAYER GREEN</a>&nbsp;(Parish of E. Baton Rouge) For the reasons expressed herein, we hold Graham is applicable to a defendant who is adjudicated and sentenced under the Habitual Offender Law to life without parole for a non-homicide offense committed as a juvenile. Accordingly, we affirm defendant&rsquo;s convictions and amend his life sentence under the Habitual Offender Law to delete the restriction on parole eligibility and direct the Department of Corrections to revise defendant&rsquo;s prison masters according to the criteria in La. R.S. 15:574.4(D) to reflect an eligibility date for consideration by the Board of Parole. Further, we remand the matter to the trial court to reconsider the corrected sentence after first conducting an evidentiary hearing to allow defendant the opportunity to establish mitigating circumstances under State v. Dorthey, 623 So. 2d 1276 (1993), and State v. Johnson, 97-1906 (La. 3/4/98), 709 So. 2d 672, and to articulate reasons if consecutive terms are imposed. CONVICTIONS AFFIRMED; SENTENCE AMENDED; AND REMANDED.JOHNSON, C.J., dissents in part and assigns reasons. HUGHES, J., dissents for the reasons given by Johnson, C.J.&nbsp;<a href="/opinions/2017/16CC0625.opn.pdf">2016-CC-0625 PAULA CLAVIER v. COBURN SUPPLY COMPANY, INC., ET AL.</a>&nbsp;(Office of Workers&rsquo; Compensation, District 4) Knoll, J., retired, participating in this decision (argued prior to her retirement) as a justice ad hoc.Accordingly, the September 4, 2015 order of the Office of Workers&rsquo; Compensation is affirmed. AFFIRMEDJOHNSON, C.J., dissents. HUGHES, J., dissents and will assign reasons. KNOLL, J., dissents with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16K0377.opn.pdf">2016-K-0377 STATE OF LOUISIANA v. WOODROW KAREY, JR., A/K/A WOODROW KAREY, II</a>&nbsp;(Parish of Calcasieu) For the reasons stated, the judgment of the appellate court is reversed, and the district court judgment, granting the defendant&rsquo;s motion to quash and dismissing the second degree murder indictment, is reinstated. Further, the stay order issued by this court on August 31, 2016 is hereby lifted. APPELLATE COURT JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; STAY LIFTED.GUIDRY, J., dissents for the reasons assigned by Justice Clark. CLARK, J., dissents and assigns reasons. CRICHTON, J., dissents and assigns reasons. GENOVESE, J., concurs in the result.&nbsp;<a href="/opinions/2017/16CC2078.opn.pdf">2016-CC-2078 JAMES E. BOREN v. EARL B. TAYLOR</a>&nbsp;(Parish of St. Landry)Retired Judge Freddie Pitcher, Jr. participated in this decision as Justice Ad Hoc, sitting for Genovese, J., recused in this case.For the reasons stated, we reverse the appellate court decision, upholding the district court&rsquo;s denial of the plaintiff&rsquo;s petition for writ of mandamus, and we remand this matter to the district court with instructions to issue a writ of mandamus to the St. Landry Parish District Attorney, ordering compliance with La. R.S. 44:31 and La. R.S. 44:32, without regard to the provisions of La. R.S. 44:31.1, as to the public records request of plaintiff James E. Boren. We further instruct the district court to assess and award to plaintiff James E. Boren attorney fees, costs, and damages, as appropriate under La. R.S. 44:35. REVERSED; REMANDED TO DISTRICT COURT WITH INSTRUCTIONS.&nbsp;&nbsp;BY GENOVESE, J.: <a href="/opinions/2017/16C2145.opn.pdf">2016-C-2145 JAMES ROBINSON v. THE BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM AND JOEY STURM, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE FOR THE UNIVERSITY OF LOUISIANA AT LAFAYETTE</a>&nbsp;(Parish of E. Baton Rouge) For the reasons set forth above, we affirm the jury&rsquo;s finding of age discrimination in favor of plaintiff, James Robinson. However, we find that the jury&rsquo;s damage award of $367,918.00 is not supported by the record; therefore, we amend the jury&rsquo;s damage award to $207,000.00, and affirm the award as amended. Costs are assessed seventy-five percent to defendant, the Board of Supervisors for the University of Louisiana System, and twenty-five percent to plaintiff, James Robinson. AFFIRMED AS AMENDEDWEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY PER CURIAM: <a href="/opinions/2017/15K2140cw15K2141.opn.pdf">2015-K-2140 C/W 2015-K-2141 STATE OF LOUISIANA v. CHADWICK MCGHEE</a>&nbsp;(Parish of Avoyelles)Retired Judge Michael Edward Kirby is assigned as Justice ad hoc, sitting for Genovese, J., recused.Accordingly we grant the state&rsquo;s application to reverse the court of appeal&rsquo;s ruling and remand to the court of appeal for consideration of the pretermitted assignments of error. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigned reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J.&nbsp;<a href="/opinions/2017/15K2144.opn.pdf">2015-K-2144 STATE OF LOUISIANA v. JOSEPH MICHAEL MOULTRIE</a>&nbsp;(Parish of Terrebonne) Accordingly, we reverse the court of appeal&rsquo;s ruling and remand for consideration of defendant&rsquo;s claim that the evidence is insufficient to support the conviction.&nbsp; REVERSED AND REMANDEDWEIMER, J., recused. HUGHES, J., dissents for the reasons given by the court of appeal. CRICHTON, J., additionally concurs and assigns reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/17B0068.opn.pdf">2017-B-0068 IN RE: HEATHER M. MURPHY</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that the name of Heather M. Murphy, Louisiana Bar Roll number 32068, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent shall make restitution to her former clients or to the Louisiana State Bar Association&rsquo;s Client Assistance Fund, as applicable. 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.HUGHES, J., would disbar.&nbsp;<a href="/opinions/2017/17B0067.opn.pdf">2017-B-0067 IN RE: CHARLES L. DIRKS, III</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the briefs filed by the parties, it is ordered that Charles L. Dirks, III, Louisiana Bar Roll number 25650, be and he hereby is suspended from the practice of law for sixty days. 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.&nbsp;<a href="/opinions/2017/17CK0182.opn.pdf">2017-CK-0182 STATE OF LOUISIANA IN THE INTEREST OF A.C.</a>&nbsp;(Parish of Washington) Accordingly, we reverse the ruling of the court of appeal and remand for further proceedings in the juvenile court consistent with the views expressed here. We further note that the state, through no fault of its own, has been unable to commence the delinquency adjudication hearing while review of this matter was pending, and our ruling also must become final in accordance with La.C.Cr.P. art. 922(B), before the state can proceed. Therefore, the 90-day time limit has not expired yet and the state has a window, albeit a small one, in which to commence the adjudication hearing. REVERSED AND REMANDEDGENOVESE, J., dissents.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td 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&nbsp;29th day of June, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/15K0484.opn.pdf">2015-K -0484	STATE OF LOUISIANA v. ASHAKI OKUNG KELLY</a>&nbsp;(Parish of Calcasieu) (Molestation of a Juvenile)AFFIRMED IN PART; REVERSED IN PART, AND AMENDED. REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in part, dissents in part, and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2016/15O2096.opn.pdf">2015-O -2096	IN RE: JUDGE JAMES J. BEST EIGHTEENTH JUDICIAL DISTRICT COURT PARISHES OF IBERVILLE, POINTE COUPEE, AND WEST BATON ROUGE STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Judge James J. Best be suspended from office without pay for fifteen days. It is further ordered that Judge James J. Best reimburse the Judiciary Commission of Louisiana $1,610.71 in costs.JOHNSON, C.J., concurs in part and dissents in part. GUIDRY, J., concurs in part and dissents in part for the reasons assigned by Chief Justice Johnson. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/16O0054.opn.pdf">2016-O -0054	IN RE: JUSTICE OF THE PEACE J. ROOSEVELT GREMILLION DISTRICT SEVEN PARISH OF POINTE COUPEE STATE OF LOUISIANA</a>Accordingly, it is ordered, adjudged and decreed that respondent, Justice of the Peace J. Roosevelt Gremillion, District Seven, Parish of Pointe Coupee, State of Louisiana, be removed from office and that his office be declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup.Ct. Rule 23, &sect; 26, to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup.Ct. Rule 23, &sect; 22, we cast the respondent with $1,547.43 for the costs incurred in the investigation and prosecution of this case. REMOVAL FROM JUDICIAL OFFICE ORDERED.HUGHES, J., dissents in part with reasons.&nbsp;<a href="/opinions/2016/16O0434.opn.pdf" style="font-family:Verdana, Geneva, sans-serif;font-size:12px;"></a><a href="/opinions/2016/16O0434.opn.pdf" style="font-family:Verdana, Geneva, sans-serif;font-size:12px;">2016-O -0434	IN RE: JUDGE J. ROBIN FREE, EIGHTEENTH JUDICIAL DISTRICT COURT, PARISHES OF WEST BATON ROUGE, IBERVILLE, AND POINTE COUPEE, STATE OF LOUISIANA</a> Upon review of the findings and recommendations of the Judiciary Commission, and considering the record filed herein, we find the record establishes by clear and convincing evidence that Respondent violated Canons 1, 2, 2A, 3A(1), 3A(2), 3A(3), and 3C of the Code of Judicial Conduct, as well as La. Const. art. V, &sect; 25(C). Based on our review of the Chaisson factors and the law applicable to this case, we find Respondent&rsquo;s misconduct justifies the recommended sanction of suspension for one year without pay. Accordingly, it is hereby ordered that Judge J. Robin Free of the 18th Judicial District Court for the Parishes of Iberville, Pointe Coupee and West Baton Rouge, be suspended for a period of one year without pay. Judge Free is further cast with costs of this proceeding, and shall pay to the Judiciary Commission the sum of $11,098.68 as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case, pursuant to Supreme Court Rule XXIII, &sect; 22. SUSPENSION ORDERED.WEIMER, J., dissents in part. CLARK, J., dissents in part and would give lesser sentence.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2016/15C2137CW15C2138.opn.pdf">2015-C -2137 C/W 2015-C -2138	LAFAYETTE BONE &amp; JOINT CLINIC (CHARLES MORRIS), ET AL. v. LOUISIANA UNITED BUSINESS SIF, ET AL.</a> As set forth herein above, we reverse, in part, the appellate court&rsquo;s modification of the amount awarded by the OWC and affirm, in part, the decision of the appellate court to award penalties and attorney fees. REVERSED IN PART; AFFIRMED IN PART.KNOLL, J., concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="/opinions/2016/15KA2163.opn.pdf">2015-KA-2163	STATE OF LOUISIANA v. DOMINICK SIMS</a>&nbsp;(Parish of E. Baton Rouge) (Trafficking of Children for Sexual Purposes)For the reasons set forth herein, we reverse and vacate the judgment of the district court and find that R.S. 14:46.3(C)(2) is constitutional, specifically finding that the provisions of R.S. 14:46.3(C)(2) are clear and unambiguous and do not conflict with R.S. 14:46.3(A)(1). The matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED. REVERSED.HUGHES, J., dissents with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;21st day of June, 2013, is as follows:PER CURIAM: 
<a href="/opinions/2013/12CJ2756.pdf">2012-CJ-2756	MISTY HERNANDEZ v. BRANDON JENKINS</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, the judgment of the court of appeal is reversed. Judgment is rendered in favor of plaintiff, Misty Hernandez, granting her motion to relocate her residence and the residence of the child to Enterprise, Alabama.VICTORY, J., dissents.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td 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&nbsp;21st day of May, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/07CA2432.opn.pdf">2007-CA-2432 MELVIN J. BURMASTER v. PLAQUEMINES PARISH GOVERNMENT</a>&nbsp;(Parish of Plaquemines) The district court correctly found that La. Rev. Stat. 9:2800(H), adopted by 2006 La. Act 545, applies to the causes of action under La. Civ. Code arts. 2317 and 2317.1 asserted in this case. The district court also correctly found that La. Rev. Stat. 9:2800(H), adopted by 2006 La. Act 545, is unconstitutional if made applicable to the pending, accrued, vested causes of action asserted by plaintiff and the class he represents. Accordingly, we affirm the district court judgment denying the PPG's exception of no cause of action. The case is remanded to the district court for further proceedings.DENIAL OF EXCEPTION OF NO CAUSE OF ACTION AFFIRMED; CASE REMANDED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/07C1907CW07C1908.opn.pdf">2007-C -1907 C/W 2007-C -1908 MARK LANDRY AND BARBARA LANDRY v. LOUISIANA CITIZENS PROPERTY INSURANCE COMPANY</a>&nbsp;(Parish of Vermilion) The court of appeal's judgment reversing the judgment of the trial court is affirmed. That portion of the court of appeal's judgment purporting to interpret and apply the valuation provisions of La. R.S. 22:695 in this case is vacated. The case is remanded to the trial court for further proceedings not inconsistent with this opinion.
AFFIRMED IN PART; VACATED IN PART; AND REMANDED.CALOGERO, C.J., concurs. VICTORY, J., concurs.&nbsp;<a href="/opinions/2008/07KA2285.opn.pdf">2007-KA-2285 STATE OF LOUISIANA v. ALEXANDER GRANGER</a>&nbsp;(Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court declaring La. R.S. 15:578.1 unconstitutional is reversed.REVERSED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/07C2143.opn.pdf">2007-C -2143 ANDRE' J. DENOUX, KURT LABEAUD, THERON J. WASHINGTON, DAVID DICKERSON, ROBERT P. WILLIAMS, JR., RICHARD W. BLACKMAN, CHRISTOPHER R. BOOKER, HORACE BLANKS, III, DERRICK A. MATTHEWS, ROBERT TAYLOR, CHRISTOPHER G. HAINES AND LORENZO N. MORGAN v. VESSEL MANAGEMENT SERVICES, INC., BELLE OF ORLEANS, LLC, BALLY'S LOUISIANA, INC., D/B/A BALLY'S CASINO LAKESHORE RESORT, INC. AND PATRICK M. BROWNING</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we affirm that portion of the court of appeal's judgment affirming the judgment of the trial court which sustained the exception of prescription by Glidden Company, d/b/a ICI Paints. We vacate the portions of the court of appeal's judgment finding that Plaintiffs are not Jones Act seaman, that the Belle of Orleans was not a vessel in navigation, and that none of the Plaintiffs' claims fall within the admiralty jurisdiction.AFFIRMED IN PART, VACATED IN PART.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., additionally concurs and assigns reasons. VICTORY, J., concurs. WEIMER, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/08CC0060.opn.pdf">2008-CC-0060 TARA LABOVE HEBERT, ET AL. VERSUS SCOTTY L. WEBRE, ET AL. C/W FLETCHER GABRIEL LALANDE, ET UX. v. SCOTTY L. WEBRE, ET AL.</a>&nbsp;(Parish of Cameron) For the reasons stated herein, the judgment of the court of appeal is reversed and the case is remanded to the trial court to grant State Farm's Motion for Summary Judgment and for further proceedings.REVERSED AND REMANDED.JOHNSON, J., concurs.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/06KA0286.opn.pdf">2006-KA-0286 STATE OF LOUISIANA v. LADERRICK CAMPBELL</a>&nbsp;(Parish of Caddo) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B),immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S.15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2008/07C2110.opn.pdf">2007-C -2110 LARRY AND ROSIE ADAMS v. RHODIA, INC. AND EXXON MOBIL CORPORATION</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, we find the court of appeal erred in finding the jury instruction misled the jury and in conducting a de novo review of the record. Following a manifest error review, we cannot say the jury erred in its determination that Exxon was 10% at fault for Adams' injuries and damages. We reverse the court of appeal decision and reinstate the jury verdict.REVERSED; JURY VERDICT REINSTATED.VICTORY, J., dissents with reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;22nd day of April, 2004&nbsp;, is as follows:&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2004/03O3408.opn.pdf">2003-O -3408 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JUDGE YVONNE L. HUGHES</a> (Judiciary Commission of Louisiana) Accordingly, it is ordered, adjudged, and decreed that respondent, Judge Yvonne L. Hughes, of the Orleans Parish Juvenile Court, Division "C," State of Louisiana, be, and is hereby, removed from office; and that her office be, and is hereby declared vacant. Respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &sect;26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Further, exercising the discretion allowed this court by La. Sup. Ct. Rule XXIII,&sect;22, we cast the respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $20,293.12. Finally, the right of the Lawyer Disciplinary Board of the Louisiana State Bar Association to bring lawyer disciplinary proceedings against respondent under the authority of La. Const. art. V, &sect;25 (D) is expressly reserved. REMOVAL FROM JUDICIAL OFFICE ORDERED; RIGHT TO BRING LAWYER DISCIPLINARY PROCEEDINGS RESERVED.JOHNSON, J., concurs in part, dissents in part and will assign reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;20th day of May, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.:&nbsp; <a href="/opinions/2003/2001ka1658.opn.pdf">2001-KA- 1658 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. ANTOINE TATE</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) the Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp;<a href="/opinions/2003/2002c2349.opn.pdf">2002-C- 2349 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;LOUISIANA DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT v. KANSAS CITY SOUTHERN RAILWAY CO., ET AL.</a> (Parish of Caddo) Accordingly, the judgment of the lower courts are reversed, and the case remanded to the district court for proceedings consistent with this opinion. REVERSED; REMANDED TO DISTRICT COURT.&nbsp;&nbsp;&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:&nbsp; <a href="/opinions/2003/2002c2785.opn.pdf">2002-C- 2785 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;JOY MICHELLE BOURGEOIS, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, MICKEY G. BOURGEOIS, JR., AND MICKEY G. BOURGEOIS, SR. v. MARK KOST AND ALLSTATE INSURANCE&nbsp;COMPANY</a> (Parish of Jefferson) For the reasons assigned, it is ordered that the original November 6, 2001 judgment be reinstated as the final judgment of the trial court in this matter. REVERSED AND REINSTATED.JOHNSON, J., dissents and assigns reasons. &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/2002c1138.opn.pdf">2002-C- 1138 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EILEEN GREGOR, ET AL. v. ARGENOT GREAT CENTRAL INSURANCE COMPANY, ET AL.</a> (Parish of Orleans) Retired Judge Walter I. Lanier, Jr., assigned as Associate Justice Ad Hoc, sitting for Associate Justice Chet D. Traylor, recused. The decision of the court of appeal that DHH is not entitled to discretionary immunity under La. R.S. 9:2798.1 is hereby affirmed. The court of appeal's allocation of fault is hereby reversed, and allocation of fault is reapportioned: 50% to Pascal's Manale and 50% to DHH. AFFIRMED IN PART; REVERSED IN PART. &nbsp;CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., concurs in part and dissents in part with reasons. VICTORY, J., dissents with reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1589.opn.pdf">2002-K- 1589 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. MICHAEL L. HARRIS</a> (Parish of Orleans) (Attempted Possession of a Controlled Dangerous substance with Intent to&nbsp; Distribute) For the foregoing reasons, we reverse the court of appeal's decision. The defendant's conviction and sentence are hereby reinstated.&nbsp;&nbsp;BY VICTORY, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002c1443.opn.pdf">2002-C- 1443 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;BYRON K. LANDRY v. LUKE BELLANGER, JR.</a> (Parish of Lafourche) For the reasons stated herein, the judgment of the trial court is reversed and judgment is entered for the defendant. REVERSED AND RENDERED.KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents for reasons assigned by Kimball, J.&nbsp;<a href="/opinions/2003/2002cc2644.opn.pdf">2002-CC- 2644 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;PAMELA ALONSO v. BILLIE B. LINE, JR. AND WISNER, ADAMS, WALKER &amp; LINE, P.C.</a> (Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the court of appeal is reversed insofar as it found no personal jurisdiction over Line, and the matter is remanded to the trial court for further proceedings. REVERSED IN PART AND REMANDED.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002ck1742.opn.pdf">2002-CK- 1742 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA IN THE INTEREST OF D.P.B.</a> (Parish of Ouachita) (Manslaughter) For the above reasons, the judgment of the court of appeal is reversed and the adjudication and disposition of the juvenile court are reinstated.&nbsp;<a href="/opinions/2003/2002k1922.opn.pdf">2002-K- 1922 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. DONALD BROWN</a> (Parish of Desoto) (Manslaughter) Accordingly, we reverse the court of appeal and reinstate defendant's conviction and sentence as imposed by the trial court. We remand the case to the court of appeal and order it to consider defendant's remaining assignment of error. REVERSED, CONVICTION AND SENTENCE REINSTATED, REMANDED FOR CONSIDERATION OF THE REMAINING ASSIGNMENT OF ERROR&nbsp;&nbsp;BY KNOLL, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002k1188.opn.pdf">2002-K- 1188 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. AMOS JOHN CHAUVIN</a> (Parish of Terrebonne) (Indecent Behavior with Juveniles - Two Counts) For the foregoing reasons, the ruling of the appellate court is affirmed. This case is remanded to the district court for a new trial consistent with the views expressed herein. AFFIRMED.WEIMER, J., dissents and assigns reasons. &nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2003/2002kk1346.opn.pdf">2002-KK- 1346 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. LARRY WASHINGTON</a> (Parish of Concordia) (Armed Robbery and Forcible Rape) Finding the appellate court erred in partially granting Washington's writ and reversing the trial court's denial of his motion to quash, we reverse that portion of the appellate court's ruling. We remand this matter to the trial court for further proceedings consistent with this opinion. ORDER QUASHING RAPE INDICTMENT REVERSED; MATTER REMANDED TO DISTRICT COURT.KNOLL, J., concurs in the result.&nbsp;<a href="/opinions/2003/2002c2382.opn.pdf">2002-C- 2382 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IRMA JOHNSON v. STATE OF LOUISIANA</a> (Parish of Ouachita) For reasons assigned, we are constrained to dismiss the writ of certiorari. WRIT OF CERTIORARI DISMISSED.&nbsp;&nbsp;PER CURIAM&nbsp;: <a href="/opinions/2003/2002b2960.pc.pdf">2002-B- 2960 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IN RE: MICHAEL D. CALLAHAN</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, it is ordered that Michael D. Callahan be adjudged of additional violations warranting disbarment for his conduct in the Rachal matter and for his conduct resulting in a conviction for misdemeanor theft. These violations shall be added to his record for consideration in the event he seeks readmission from the disbarment imposed in&nbsp;<a href="/opinions/2001/00b3357.pc.pdf">In re: Callahan, 00-3357 (La. 3/23/01)&nbsp;</a>, 782 So.2d 624. For the conduct in the Hardison matter, it is ordered that respondent be suspended from the practice of law for a period of two years, with three months deferred. This suspension shall commence on the date respondent is eligible to seek readmission from the disbarment imposed in&nbsp;<a href="/opinions/2001/00b3357.pc.pdf">In re: Callahan, 00-3357 (La. 3/23/01)&nbsp;</a>, 782 So.2d 624. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/2002b3251.pc.pdf">2002-B- 3251 &nbsp;C/W 2002-B- 3252&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IN RE: DONALD O. PINKSTON</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, it is ordered that the name of Donald O. Pinkston, Louisiana Bar Roll No. 17429, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, Section 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #036</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of April, 2001, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2001/00c2457.opn.pdf">2000-C- 2457 AMERICAN DEPOSIT INSURANCE COMPANY v. IVORY MYLES, BOBBIE MYLES, WINDY MYLES AND COURTNEY MYLES</a> (Parish of Orleans) For the foregoing reasons, the decision of the Court of Appeal is affirmed. American Deposit Insurance Company's motion for summary judgment is denied and the case is remanded to the First City Court of the City of New Orleans for further proceedings. AFFIRMED AND REMANDED.<a href="/opinions/2001/00c2457.htl.pdf">LEMMON, J., concurs and assigns reasons.</a>[note: not yet available] <a href="/opinions/2001/00c2457.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2001/00c1699.opn.pdf">2000-C- 1699 MATTHEW BERG v. PHILIP ZUMMO, ET AL.</a> (Parish of Orleans) For the reasons stated above, that portion of the judgment of the court of appeal which reversed the judgment of the trial court awarding plaintiff general damages against The Boot is reversed and the trial court's judgment is reinstated; that portion of the judgment of the court of appeal which reversed the judgment of the trial court assessing punitive damages against The Boot is affirmed. REVERSED IN PART; AFFIRMED IN PART.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00c1699.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons</a>. JOHNSON, J., dissents. GULOTTA, J., dissents.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/00b2732.pc.pdf">2000-B- 2732 IN RE: CHARLES H. WHITE </a>Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is the decision of this court that respondent be disbarred from the practice of law in the State of Louisiana. Because respondent is already disbarred, it is ordered that the minimum five-year period for applying for readmission from the disbarment imposed in this case will not commence until five years have expired from the effective date of respondent's prior disbarment in In re: White , 97-2731 (La. 2/6/98), 706 So.2d 964. Respondent is ordered to make restitution to Bennie Scott for undisbursed settlement funds. 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 the finality of this court's judgment until paid.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #035</div></td></tr><tr valign="top"><td 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&nbsp;1st day of July, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/13CC1977.opn.pdf">2013-CC-1977	SHELTER MUTUAL INSURANCE COMPANY v. RIMKUS CONSULTING GROUP, INC. OF LOUISIANA, ET AL.</a>&nbsp;(Parish of Lafayette)Accordingly, for the foregoing reasons, the judgments of the lower courts overruling Rimkus&rsquo; declinatory exception of venue are reversed.&nbsp; REVERSED AND RENDERED.VICTORY, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents for reasons assigned by Justice Victory.&nbsp; WEIMER, J., dissents for the reasons assigned by Justice Victory. HUGHES, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13CC2788.opn.pdf">2013-CC-2788	TENESHA SMITH, ET AL. v. TRANSPORT SERVICES COMPANY OF ILLINOIS, ET AL.</a>&nbsp;(Parish of Orleans)Accordingly, we reverse the judgment of the Court of Appeal and overrule defendants' exception of prescription. This is remanded to the District Court for further proceedings.VICTORY, J., dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2014/13C1734.opn.pdf">2013-C -1734	JOYCE GORMAN v. CITY OF OPELOUSAS, ET AL.</a>&nbsp;(Parish of St. Landry)That portion of the decision of the appellate court that reversed the trial court&rsquo;s grant of summary judgment in favor of Lexington as to Gorman is reversed, and the trial court&rsquo;s judgment in this regard is reinstated. The matter is remanded to the trial court for further proceedings. REVERSED IN PART; JUDGMENT REINSTATED IN PART; REMANDED TO THE TRIAL COURT.JOHNSON, C.J., dissents for the reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons.&nbsp; HUGHES, J., dissents for reasons assigned by Justice Knoll.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/13CK1023.opn.pdf">2013-CK-1023	STATE OF LOUISIANA v. I.C.S. C/W STATE OF LOUISIANA v. C.M.S.</a>&nbsp;(Parish of Bossier)(La. Rev. Stat. 15:542(A)For the reasons set forth above, we conclude under the plain language of the sex offender and notification statute, La. Rev. Stat. 15:542(A), the defendants meet the requirement of &ldquo;[a]ny adult residing in this state who has pled guilty to &hellip; a sex offense as defined in R.S. 15:541&hellip;&rdquo; and, therefore, must register as sex offenders pursuant to La. Rev. Stat. 15:542(A)(1). Accordingly, the rulings of the lower courts are affirmed. AFFIRMED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13CC2970.opn.pdf">2013-CC-2970	YANA ANDERSON v. OCHSNER HEALTH SYSTEM AND OCHSNER CLINIC FOUNDATION</a>&nbsp;(Parish of Jefferson)Accordingly, we affirm the lower courts&rsquo; denial of summary judgment and remand for proceedings consistent with this opinion. AFFIRMED AND REMANDED.VICTORY, J., dissents for the reasons assigned by Justice Guidry. GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13CC2985.opn.pdf">2013-CC-2985	AARON EMIGH, ET AL. v. WEST CALCASIEU CAMERON HOSPITAL, ET AL.</a>&nbsp;(Parish of Calcasieu)For the reasons provided herein, we affirm the trial court&rsquo;s ruling overruling Blue Cross&rsquo;s exception and remand for proceedings consistent with this opinion.&nbsp; AFFIRMED AND REMANDED.VICTORY, J., dissents for the reasons assigned by Justice Guidry.&nbsp; GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/13KK2306.opn.pdf">2013-KK-2306 STATE OF LOUISIANA v. JAMAL C. TAYLOR AND KELIN A. STEVENS (Parish of Jefferson) STATE OF LOUISIANA v. CHRISTOPHER EBERHARDT (Parish of St. Tammany)(Constitutionality of LSA-R.S. 14:95.1))</a><a href="/opinions/2014/13KK2306.opn.pdf">C/W	</a> <a href="/opinions/2014/13KK2306.opn.pdf">2014-KA-0209	STATE OF LOUISIANA v. JAMAL C. TAYLOR AND KELIN A. STEVENS (Parish of Jefferson)</a>For the reasons assigned, we reverse the judgment of the Jefferson Parish district court, rendered in favor of the defendants, Jamal C. Taylor and Kelin A. Stevens, which declared LSA-R.S. 14:95.1 unconstitutional and granted these defendants&rsquo; motions to quash. We further affirm the judgment of the St. Tammany Parish district court, rendered in favor of the State of Louisiana, which upheld the constitutionality of LSA-R.S. 14:95.1 and denied the motion to quash filed by Christopher Eberhardt. TWENTY-FOURTH JUDICIAL DISTRICT COURT JUDGMENT REVERSED; TWENTY-SECOND JUDICIAL DISTRICT COURT JUDGMENT AFFIRMED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2014/11OB1973.opn.pdf">2011-OB-1973	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-8920</a>Accordingly, it is ordered that the application for admission be and hereby is denied.HUGHES, J., dissents and would grant admission.&nbsp;<a href="/opinions/2014/13C2982.opn.pdf">2013-C -2982	STATE OF LOUISIANA v. LEONARD CARDENAS, III</a>&nbsp;(Parish of E. Baton Rouge)We express no opinion here whether respondent may be entitled to expungement of his record of arrest and conviction for domestic abuse battery under this latest expression of legislative will. DECISION OF THE FIRST CIRCUIT REVERSED; ORDERS OF EXPUNGEMENT VACATED.HUGHES, J., dissents and would deny the application and affirm the decisions of the lower courts.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #035</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;12th day of May, 2010, is as follows:PER CURIAM:<a href="/opinions/2010/09kd2472.opn.pdf">2009-KD-2472 STATE OF LOUISIANA v. ROGERS LACAZE</a>&nbsp;(Parish of Orleans) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.After considering the briefs and hearing argument of counsel, we find that Judge White did not abuse her discretion in ordering the testimony of Judge Marullo at the recusal hearing.&nbsp; AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.KNOLL, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #035</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;23rd day of June, 2006, is as follows: PER CURIAM: <a href="/opinions/2006/05K0123.pdf"></a><a href="/opinions/2006/05K0123.pdf">2005-K- 0123 STATE OF LOUISIANA v. ELTON CROCHET, JR.</a>&nbsp;(Parish of Assumption) (Aggravated Rape; Two Counts of Aggravated Incest; Indecent Behavior&nbsp;with a Juvenile)&nbsp; Accordingly, we reverse the decision below, reinstate defendant's convictions and sentences, and remand this case to the court of appeal for consideration of the remaining assignments of error regarding the responsive verdicts provided the jury by the trial court for the offense of aggravated rape. JUDGMENT OF THE COURT OF APPEAL REVERSED; CASE REMANDED TO THE COURT OF APPEAL. Retired Judge Philip C. Ciaccio assigned as justice pro tempore sitting for Associate Justice Catherine D. Kimball.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #035</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;26th day of April, 2002&nbsp;, are as follows:&nbsp;&nbsp;PER CURIAM:&nbsp; <a href="/opinions/2002/00k3136.pc.PDF">2000-K- 3136 STATE OF LOUISIANA v. ILES M. LEWIS</a> (Parish of Orleans) (Possession of Cocaine) The decision of the court of appeal is therefore reversed, the ruling of the trial court on the motion to suppress is reinstated, as are respondent's convictions and sentences by way of guilty pleas premised on review of the suppression issue, see&nbsp;State v. Crosby&nbsp;, 338 So.2d 584 (La. 1976), and this case is remanded to the district court for execution of sentence. DECISION OF THE COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp; JOHNSON, J., dissents.&nbsp; &nbsp;<a href="/opinions/2002/01kk2081.pc.PDF">2001-KK- 2081 STATE OF LOUISIANA v. ANTONIO JOHNSON</a> (Parish of Orleans) (Possession of Cocaine) The trial court therefore erred in granting respondent's motion to suppress the evidence. Accordingly, that order is set aside and this case is remanded to the district court for further proceedings consistent with the views herein. REVERSED AND REMANDED.&nbsp; <a href="/opinions/2002/01kk2081.pfc.PDF">CALOGERO, C.J., dissents and assigns reasons</a>. <a href="/opinions/2002/01kk2081.bjj.PDF">JOHNSON, J., dissents and assigns reasons</a>. <a href="/opinions/2002/01kk2081.jlw.PDF">WEIMER, J., concurs with additional reasons.</a>&nbsp;<a href="/opinions/2002/02o0643.pc.PDF">2002-O- 0643 IN RE: JUDGE JOHN A. SHEA </a>(Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Judge John A. Shea be publicly censured for violating Cannons 1, 2A and 7A(1)(b) and (c) of the Code of Judicial Conduct (1976) and Cannons 1, 2A and 7A(1)(b) and (d) of the Code of Judicial Conduct (1996).It is further ordered that Judge John A. Shea reimburse the Louisiana Judicial Commission $976.19,which is the amount of costs incurred during the prosecution and investigation of this case.&nbsp; KIMBALL, J., recused.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #035</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;16th day of May, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/99ca2854.opn.pdf">1999-CA- 2854 ALCEE PIERCE v. LAFOURCHE PARISH COUNCIL</a> (Parish of Lafourche) For the reasons assigned, the judgment of the court of appeal declaring that portion of La. R.S. 23:1221 (3) (d) (iii) which states "begins to receive old age insurance benefits under Title II of the Social Security Act, whichever comes first" unconstitutional is affirmed. The judgment of the court of appeal declaring the remainder of La. R.S. 23:1221 (3) (d) (iii) unconstitutional is reversed. The case is remanded to the district court for further proceedings. Costs are assessed against defendants.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99ka2329.opn.pdf">1999-KA- 2329 STATE OF LOUISIANA v. JOSEPH DAVIS FERRIS</a> (Parish of Evangeline) (Underage Driving Under the Influence) For these reasons, the judgment of the trial court is reversed, and the defendant's motion to quash is overruled. The case is remanded to the district court for further proceedings.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99ka2329.wfm.pdf">MARCUS, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/99kk1750.opn.pdf">1999-KK- 1750 STATE OF LOUISIANA v. JERRY JEROME HILLS</a> (Parish of Tangipahoa) (First Degree Murder) For the reasons stated herein, the decisions of the trial court and court of appeal admitting the other crimes evidence against defendant are reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., not on panel; recused. See Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/99ka2291.opn.pdf">1999-KA- 2291 STATE OF LOUISIANA v. CHRISTINE D. BRENAN</a> (Parish of St. Tammany) (Promotion of Obscene Devices, Two Counts) We find that La. R.S.&sect;14:106.1, which bans the promotion of obscene devices, bears no rational relationship to a legitimate state interest and is, therefore, violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The ruling of the Court of Appeal is affirmed. AFFIRMED.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3. LEMMON, J., concurs and will assign reasons. KIMBALL, J., concurs in result. VICTORY, J., concurs in result. <a href="/opinions/2000/99ka2291.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/99c2570.opn.pdf">1999-C- 2570 BEN GUITREAU v. ANDREW KUCHARCHUK, M.D.</a> (Parish of E. Baton Rouge) We hold that when the ninety-day period of suspension after the decision of the medical review panel is completed, plaintiffs in medical malpractice actions are entitled to the period of time that remains unused at the time the request for a medical review panel is filed. We also hold that the court of appeal did not err in finding that prescription commenced on November 23, 1992 and that plaintiff's action had not prescribed. Accordingly, we affirm the court of appeal's decision and remand this matter to the trial court. AFFIRMED AND REMANDED.VICTORY, J., not on panel. See Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99c2570.wfm.pdf">MARCUS, J., dissents and assigns reasons. </a><a href="/opinions/2000/99c2570.htl.pdf">LEMMON, J., concurs and assigns reasons</a>. TRAYLOR, J., dissents for reasons assigned by Marcus, J.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2000/99kk1528.opn.pdf">1999-KK- 1528 STATE OF LOUISIANA v. FERNANDO GUZMAN</a> (Parish of Caddo) CONSOLIDATED WITH: 1999-K - 1753 STATE OF LOUISIANA V. JERRY LYNN STILES (Parish of Bossier) For the reasons stated herein, in State v. Guzman , we reverse the judgment of the court of appeal granting defendant's motion to quash, reinstate the judgment of the trial court denying defendant's motion to quash, and remand the case to the trial court for further proceedings. In State v. Stiles , we affirm the judgment of the court of appeal affirming defendant's convictions and sentences.&nbsp;STATE OF LOUISIANA V. GUZMAN, NO. 99-KK-1528: REVERSED AND REMANDED.&nbsp;STATE OF LOUISIANA V. STILES, NO. 99-K-1753: AFFIRMED.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99kk1528.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>LEMMON, J., concurs and will assign reasons. KIMBALL, J., concurs in part and dissents in part for reasons assigned by Calogero, C.J.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/99c3264.opn.pdf">1999-C- 3264 MICHAEL TIMMONS AND WANDA TIMMONS v. STACIE MICHELLE SILMAN AND STATE FARM FIRE AND CASUALTY COMPANY AND STATE FARM MUTUAL AUTO INSURANCE</a> (Parish of Ouachita) For the foregoing reasons, the judgments of the lower courts, finding State Farm Fire and Casualty Insurance not liable to Michael and Wanda Timmons for the injuries arising out of a motor vehicle accident between Michael Timmons and Stacie Silman are affirmed. AFFIRMED.MARCUS, J., not on panel. See La. S.Ct. R. IV, Part 2, &sect;3. <a href="/opinions/2000/99c3264.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2000/99c3264.htl.pdf">LEMMON, J., dissents and assigns reasons. </a><a href="/opinions/2000/99c3264.bjj.pdf">JOHNSON, J., dissents and assigns reasons</a>.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99ca2007.pc.pdf">1999-CA- 2007 TAMMY LANGLOIS IN HER OWN RIGHT AND ON BEHALF OF THE MINOR KRYSTAL MARTIN v. EAST BATON ROUGE PARISH SCHOOL BOARD AND NITA K. BRAUD</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court declaring La. R.S. 13:5107(D) unconstitutional is vacated and set aside. The case is remanded to the district court for further proceedings not inconsistent with this opinion.VICTORY, J., not on panel. Rule IV, Part II, &sect;3.&nbsp;<a href="/opinions/2000/99b3549.pc.pdf">1999-B- 3549 IN RE: DONALD L. MAYEUX </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Donald L. Mayeaux be publicly reprimanded. All costs and expenses in this 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's judgment until paid.KIMBALL, J., not on panel. Rule IV, Part II, &sect;3. <a href="/opinions/2000/99b3549.jpv.pdf">VICTORY, J., dissents and assigns reasons</a>. TRAYLOR, J., dissents for reasons assigned by Victory, J. <a href="/opinions/2000/99b3549.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;14th day of June, 2013, is as follows:PER CURIAM: <a href="/opinions/2013/13KA1105.pdf">2013-KA-1105	STATE OF LOUISIANA v. DEARIUS DUHEART</a>&nbsp;(Parish of E. Baton Rouge) (La. R. S. 32:101)The case is remanded to the district court for reconsideration of its ruling on the motion to suppress and for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td 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&nbsp;11th day of May, 2010, are as follows:&nbsp;BY KNOLL, J.:<a href="/opinions/2010/09C1916.opn.pdf">2009-C -1916	HARRAH'S BOSSIER CITY INVESTMENT COMPANY, L.L.C. v. CYNTHIA BRIDGES, IN HER CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF REVENUE, AND THE LOUISIANA DEPARTMENT OF REVENUE C/W CYNTHIA BRIDGES, SECRETARY OF THE DEPARTMENT OF REVENUE FOR THE STATE OF LOUISIANA v. WILHITE ELECTRIC COMPANY, INC.</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the court of appeal&rsquo;s grant of partial summary judgment in favor of Harrah&rsquo;s is affirmed in part and reversed in part. The case is remanded to the district court for further proceedings consistent with this opinion.&nbsp; AFFIRMED IN PART AND REVERSED IN PART AND REMANDED TO DISTRICT COURT.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2010/09C2116.opn.pdf">2009-C -2116	DOUGLAS A. TIETJEN, DWIGHT A. TIETJEN AND CITIZENS NATIONAL BANK v. THE CITY OF SHREVEPORT AND CLAUDE DANCE</a>&nbsp;(Parish of Caddo)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the decision of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED AND RENDERED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09KK2456.opn.pdf">2009-KK-2456	STATE OF LOUISIANA v. BRUCE BROWN, ET AL.</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, we set aside the ruling of the court of appeal, reinstate the district court ruling denying the defendant's motion to suppress, and remand the case to the district court for further proceedings.&nbsp; COURT OF APPEAL RULING SET ASIDE; DISTRICT COURT RULING REINSTATED; CASE REMANDED TO THE DISTRICT COURT.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2010/06KA1807.opn.pdf">2006-KA-1807 STATE OF LOUISIANA v. JESSE JAY MONTEJO</a>&nbsp;(Parish of St. Tammany)Retired Judge Phillip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine Kimball.For the reasons assigned herein, and having once affirmed the defendant&rsquo;s conviction and death sentence, this Court, after remand from the United States Supreme Court, again affirms the defendant's conviction and death sentence. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY CIACCIO, J.:<a href="/opinions/2010/01KA1635.opn.pdf">2001-KA-1635	STATE OF LOUISIANA v. JAMES DUNN</a>&nbsp;(Parish of Assumption)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned herein, and having already affirmed his conviction, this court finds defendant not mentally retarded and affirms his sentence. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567 (B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp; AFFIRMED.KNOLL, J., additionally concurs with reasons.&nbsp;<a href="/opinions/2010/09KK2205.opn.pdf">2009-KK-2205	STATE OF LOUISIANA v. RICHARD HAMILTON</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the above reasons, we find the trial court erred in granting the defendant&rsquo;s Motion to Suppress the heroin and the statements made after the arrest. The ruling of the trial court is hereby reversed.&nbsp; REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp; PER CURIAM:<a href="/opinions/2010/09K0578.opn.pdf">2009-K -0578	STATE OF LOUISIANA v. DAVID GILBERT ARDOIN</a>&nbsp;(Parish of Terrebonne)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we vacate the decision below. Defendant urges this Court to conduct an independent review of the record to resolve (in his favor) the question of whether the state proved that M.C. is, in fact, the biological daughter of Edward Flynn, who did not testify at trial. However, the court of appeal did not address this aspect of his argument and the issue is therefore not properly before us at this time. Therefore, we remand this case to the court of appeal for reconsideration of defendant's sufficiency claim consistent with the views express herein.&nbsp; COURT OF APPEAL DECISION REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2010/09B2343.opn.pdf">2009-B -2343	IN RE: ARDEN WELLS</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committees and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Arden Wells, Louisiana Bar Roll number 17900, be and he hereby is disbarred, retroactive to November 7, 2007, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent shall pay restitution of $4,000 to Timothy Polezcek. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;29th day of May, 2009, is as follow:&nbsp;PER CURIAM:<a href="/opinions/2009/08CC2540.opn.pdf">2008-CC-2540 CYNTHIA BROOKS, ET AL. v. TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, ET AL.</a>&nbsp;(Parish of Orleans)The judgment of the district court denying the defendants' motion for summary judgment is affirmed. The case is remanded to the district court for further proceedings.WEIMER, J., concurs.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td 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&nbsp;22nd day of May, 2007, are as follows: BY: KIMBALL, J.<a href="/opinions/2007/99ka0553.opn.pdf">1999-KA-0553 STATE OF LOUISIANA v. ANTOINETTE FRANK</a>&nbsp;(Parish of Orleans) (First Degree Murder) Defendant&rsquo;s conviction was previously affirmed. State v. Frank, 99-0553 (La. 1/17/01), 803 So.2d 1. For the reasons assigned herein, defendant&rsquo;s sentence is affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies her petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies her petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents for reasons assigned by Calogero, C.J.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/06kk1041.opn.pdf">2006-KK-1041 STATE OF LOUISIANA v. RICKY JOSEPH LANGLEY</a>&nbsp;(Parish of Calcasieu) Accordingly, the order of the court of appeal is reversed, the judgment of the district court limiting the prosecution of Ricky Joseph Langley to a charge of second degree murder in violation of LSA-R.S. 14:30.1 is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein. REVERSED, JUDGMENT OF TRIAL COURT REINSTATED AND REMANDEDKNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2007/06c1827.opn.pdf">2006-C -1827 SUPREME SERVICES AND SPECIALTY CO., INC. v. SONNY GREER, INC., ET AL.</a>&nbsp;(Parish of Iberia) Therefore, we conclude that the court of appeal erred in granting Greer's motion for summary judgment. We reverse the court of appeal's ruling and reinstate the trial court's ruling. REVERSED and REMANDED.KIMBALL, J., concurs in the result only. KNOLL, J., concurs in the result only.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/05KA1981.opn.pdf">2005-KA-1981 STATE OF LOUISIANA v. PATRICK KENNEDY</a>&nbsp;(Parish of Jefferson) (Aggravated Rape; Victim Under the Age of 12)) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In this event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this Court under La.C.Cr.P.art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La.R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.CALOGERO, C.J., dissents and will assign reasons.Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting for Associate Justice Jeannette T. Knoll, recused.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/06c2764.opn.pdf">2006-C -2764 FRANK HENRY AND MARY HENRY, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN v. SOUTH LOUISIANA SUGARS COOPERATIVE, INC.</a>&nbsp;(Parish of St. James) Accordingly, the judgment granting summary judgment on the issue of coverage is reversed. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2007/06C2816.opn.pdf">2006-C -2816 C/W&nbsp;2006-C -2843 EDNA J. HUGGINS v. GERRY LANE ENTERPRISES, INC. AND ABC INSURANCE COMPANY</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, the decision of the court of appeal is affirmed. AFFIRMED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/07CA0054.opn.pdf">2007-CA-0054 HELEN C. SIMS v. MULHEARN FUNERAL HOME, INC., AND MULHEARN PROTECTIVE INSURANCE COMPANY</a>&nbsp;(Parish of Ouachita) Accordingly, for the reasons set forth above, we reverse the judgment of the district court and hereby grant summary judgment in favor of defendants. REVERSED and RENDERED.KIMBALL, J., concurs in part and dissents in part and assigns reasons. JOHNSON, J., concurs in part and dissents in part for reasons assigned by Kimball, J. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2007/07O0120.opn.pdf">2007-O -0120 IN RE: JUSTICE OF THE PEACE MYRTY ALFONSO</a>&nbsp; (Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Justice of the Peace Myrty Alfonso be suspended for 30 days without pay for violating the Code of Judicial Conduct and Article V, &sect;25(C) of the 1974 Louisiana Constitution in that she engaged in willful misconduct relating to her official duty. It is further ordered that Justice of the Peace Myrty Alfonso reimburse the Judicial Commission of Louisiana the sum of $178.41.JOHNSON, J., dissents. TRAYLOR, J., dissents. WEIMER, J., additionally concurs with reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/05C2275.opn.pdf">2005-C -2275 IN RE: MEDICAL REVIEW PANEL PROCEEDINGS IN THE MATTER OF STEPHANIE NOE</a>&nbsp;(Parish of Orleans) Accordingly, the judgment of the court of appeal is affirmed in part and reversed in part. AFFIRMED IN PART AND REVERSED IN PART.CALOGERO, C.J., dissents in part and concurs in part and assigns reasons. KIMBALL, J., concurs in part and dissents in part and assigns reasons. JOHNSON, J., dissents in part and concurs in part for reasons assigned by Calogero, C.J. VICTORY, J., concurs in part and dissents in part and assigns reasons. TRAYLOR, J., concurs in part and dissents in part for reasons assigned by Victory, J. KNOLL, J., dissents in part and concurs in part for the reasons assigned by Chief Justice Calogero&nbsp;
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&nbsp;<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;12th day of May, 2005&nbsp;, is as follows:&nbsp;BY WEIMER, J.&nbsp;:&nbsp; <a href="/opinions/2005/05oc1191.decree.pdf">2005-OC-1191&nbsp;ROBERT M. MARIONNEAUX, JR., AND LEE JOSEPH "JODY" AMEDEE, III v. DONALD E. "DON" HINES, PRESIDENT OF THE SENATE AND ARTHUR J. LENTINI,&nbsp;PARLIAMENTARIAN OF THE SENATE</a> (Parish of E. Baton Rouge) For the reasons to be recited in an opinion to follow, judgment is rendered in favor of plaintiffs and against defendants on plaintiffs' petition for declaratory judgment. Accordingly, it is ordered, adjudged and decreed that there be judgment herein declaring that "elected members" or "members elected" as that term is used in the Louisiana Constitution in referring to the members of the Senate means the entire membership authorized to be elected, regardless of any vacancies, so that the current number of "elected members" or "members elected" of the Senate is thirty-nine. Any application for rehearing in the matter shall be filed no later than 4:30 p.m. on May 13, 2005.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;14th day of April, 2004, are as follows:BY CALOGERO, C.J.:<a href="/opinions/2004/03c1734.opn.pdf">2003-C -1734 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ROY W. HALL AND HELEN HALL v. THE FOLGER COFFEECOMPANY&nbsp;AND XYZ INSURANCE COMPANY C/W THE FOLGER COFFEE COMPANY v. ROY W. HALL AND HELEN HALL</a> (Parish of Orleans) The decision of the court of appeal is reversed, and the district court judgment annulling the default judgment in favor of the Halls and against Folger is reinstated. COURT OF APPEAL REVERSED; DISTRICT COURT JUDGMENT ANNULLING DEFAULT JUDGMENT REINSTATED.KIMBALL, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Kimball, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03k0924.opn.pdf">2003-K- 0924 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DANNY PARKER&nbsp;</a>(Parish of St. Tammany) (Possession of Controlled Dangerous Substances, Two Counts; Habitual Offender) For all the reasons expressed herein, we conclude that the punishment to be imposed on defendant, a habitual offender, is that provided by La. R. S. 15:529.1 as it existed on the date he committed the underlying offense. We therefore reverse that portion of the court of appeal's judgment that vacated the habitual sentence imposed on defendant by the district court. However, because it determined that defendant's habitual offender sentence was improper, the court of appeal pretermitted consideration of defendant's second assignment of error contending the sentence imposed was unconstitutionally excessive. We therefore remand this case to the court of appeal for consideration of defendant's remaining assignment of error that was pretermitted on appeal. REVERSED AND REMANDED.CALOGERO, C.J., concurs. JOHNSON, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03k1228.opn.pdf">2003-K -1228 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. EAN LAVAR JOHNSON&nbsp;</a>(Parish of Webster) (Felon in Possession of a Firearm) For the foregoing reasons, the judgment of the court of appeal is reversed and the defendant's conviction and sentence are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03ca1702.opn.pdf">2003-CA-1702 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE CIVIL SERVICE COMMISSION v. DIRECTOR OFTHE DEPARTMENT OF PUBLIC SAFETY,&nbsp;ROBERT S. HECKER, LARRY M. TONEY, WARNER TUREAUD, KEVIN L. NEWMAN, MICHAEL S. SAWER, JOSEPH TREVIGNE, PENELOPE E. HAHN, CAROL W. HENRY, JOSEPH O. LABARRIERE, ET AL.</a> (Parish of E. Baton Rouge) We conclude that LSA-R.S. 33:2218.2(A)(2)(a) is unconstitutional, because in enacting said law, the Legislature infringed upon the constitutional powers of the Civil Service Commission that can only be abridged by constitutional amendment. Further, the Port of New Orleans Harbor Police are state classified employees, and not municipal policemen, and therefore they are outside the purview of the constitutional exceptions found in LSA-Const. Art. 6, Section 14 and in the&nbsp;Firefighters&nbsp;, (La. 1982) case. Defendants' argument that the statute is a constitutional exercise of the Legislature's police powers is without merit. Therefore, the judgment of the Court of Appeal is AFFIRMED.CALOGERO, C.J., additionally concurs with reasons.&nbsp;<a href="/opinions/2004/02ka1869.opn.pdf">2002-KA-1869 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DARRELL JAMES ROBINSON
 </a>(Parish of Rapides) (First Degree Murder; Four Counts) For the reasons assigned, the defendant's convictions and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/98ka1078.opn.pdf">1998-KA-1078 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ALLEN SNYDER&nbsp;</a>(Parish of Jefferson) In accordance with the above reasons assigned by this Court, we unconditionally affirm the judgment of the trial court and the sentence of death. AFFIRMED.Retired Judge Melvin A. Shortess, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeanette T. Knoll, recused.SHORTESS, J.,ad hoc, concurs in the result and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03c2021.opn.pdf">2003-C -2021 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MICHAEL GRANT v. MAYOR GEORGE GRACE AND CITY</a><a href="/opinions/2004/03c2021.opn.pdf">COUNCIL OF ST. GABRIEL, LA.&nbsp;</a>(Parish of Iberville) Our interpretation of the two statutes is in harmony with the plain meaning of the statutes and the intent evidenced by the legislature in enacting and amending both statutes. For the foregoing reasons, we reverse the decisions of the lower courts and grant the City's Motion for Summary Judgment.KIMBALL, J., concurs in the result and assigns reasons. JOHNSON, J., concurs. KNOLL, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2004/03c2220.opn.pdf">2003-C -2220 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARY MOE, L.L.C., NANCY NOE, L.L.C., PETER POE, L.L.C, AND RICHARD ROE, L.L.C, LOUISIANA LIMITED LIABILITY COMPANIES PROCEEDING PSEUDONYMOUSLY v. LOUISIANA BOARD OF ETHICS&nbsp;</a>(Parish of Orleans) For the foregoing reasons, the judgments of the lower courts that permanently enjoined the Louisiana Board of Ethics from issuing the subpoenas duces tecum to the Louisiana Leadership, L.L.C., Louisiana Optimism, L.L.C., Louisiana Spirit, L.L.C., and Louisiana Team Work, L.L.C. are reversed, and the plaintiffs are ordered to respond to the subpoenas duces tecum issued on them by the Louisiana Board of Ethics. REVERSED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03cc1424.opn.pdf">2003-CC-1424 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DAVY JONES, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN v. THE ESTATE OF ELIUD TONY SANTIAGO, ET AL.&nbsp;</a>(Parish of Vernon) For the foregoing reasons, we reverse the ruling of the trial court and enter summary judgment in favor of State Farm Fire &amp; Casualty Company. REVERSED AND RENDERED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/02k1889.pc.pdf">2002-K -1889 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ADVANCED RECYCLING, INC., JAMES G. TRUMPS, AND ROBERT PARKER&nbsp;</a>(Parish of Lafayette) (Theft of Over $500; Filing or Maintaining False Public Records) Accordingly, the rulings of the courts below are reversed and this case is remanded to the district court for further proceedings consistent with the views expressed herein. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2004/03k0137.pc.pdf">2003-K -0137 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. LEVI JOSEPH GARRICK&nbsp;</a>(Parish of St. Landry) (Armed Robbery) The record thus shows that the trial court's denial of a mistrial or a postponement of the evidentiary portions of trial did not prejudice the defense or otherwise render the proceedings fundamentally unfair. The Third Circuit's decision is therefore reversed and this case is remanded to the court of appeal for consideration of the remaining assignments of error pretermitted on original hearing. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2004/03k1313.pc.pdf">2003-K -1313 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. RONNIE L. FRANCOIS AND RICKY M. KEMP&nbsp;</a>(Parish of Orleans) (Possession of Heroin with Intent to Distribute) The decision of the court of appeal is therefore reversed and this case is remanded for consideration of the pro se assignments of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED.CALOGERO, C.J., dissents. The evidence of the crime for which defendant was convicted was insufficient. JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03b2985.pc.pdf">2003-B- 2985 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JERRY JACKSON STAMPS AND IN RE: TERESA LYNN WITT-STAMPS</a> (Disciplinary Proceedings) 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 the names of Jerry Jackson Stamps, Louisiana Bar Roll No. 26521, and Teresa Lynn Witt-Stamps, Louisiana Bar Roll No. 26146, be stricken from the roll of attorneys and that their licenses to practice law in the State of Louisiana be revoked. All costs and expenses in the matter are assessed against respondents 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's judgment until paid.KIMBALL, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03b3345.pc.pdf">2003-B- 3345 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: HEYWARD G. JEFFERS, JR. </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Heyward G. Jeffers, Jr., Louisiana Bar Roll No. 7245, be suspended from the practice of law for a period of one year. It is further ordered that all but six months of the suspension shall be deferred, subject to the condition that following the active portion of his suspension, respondent shall be placed on probation for a period of one year under the supervision of a practice monitor. Any misconduct during the probation period shall 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #034</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;20th day of April, 2001, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2001/00k1147.pc.pdf">2000-K- 1147 STATE OF LOUISIANA v. MARK JOSEPH BLANCHARD</a> (Parish of St. Landry) (Indecent Behavior with a Juvenile - 3 Counts) Accordingly, the decision of the court of appeal is reversed and this case is remanded for consideration of respondent's remaining assignments of error. JUDGMENT OF THE COURT OF APPEAL REVERSED; CASE REMANDED.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry Lemmon.&nbsp;<a href="/opinions/2001/00kk3047.pc.pdf">2000-KK- 3047 STATE OF LOUISIANA v. KENNETH ATKINS</a> (Parish of Orleans) (Second Degree Murder) Upon the State of Louisiana's application, we granted certiorari in this case.&nbsp;State v. Atkins&nbsp;, No. 00-3047 (La. 1/12/01), WL 49963. After hearing oral argument and reviewing the record in this case, we concluded that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of January 12, 2001, as improvidently granted, and deny the State's application.Philip C. Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.TRAYLOR, J., dissents from the order and would hear the writ.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #033</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;7th day of July, 2015, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2015/14CA2090.opn.pdf">2014-CA-2090&nbsp;ANGELA MARIE COSTANZA, ET AL. v. JAMES D. CALDWELL, ET AL.</a>&nbsp;(Parish of Lafayette)For the reasons assigned, the appeal is dismissed as moot. The case is remanded to the district court for further proceedings.KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., additionally concurs and assigns reasons. HUGHES, J., dissents and assigns reasons.&nbsp; CRICHTON, J., additionally concurs and assigns reasons set forth by Justice Guidry.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #033</div></td></tr><tr valign="top"><td 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&nbsp;6th day of May, 2005&nbsp;, are as follows:&nbsp;BY TRAYLOR, J.&nbsp;:&nbsp;<a href="/opinions/2005/04c1297.opn.pdf">2004-C -1297 BARRY HORNSBY AND LARRY HORNSBY v. BAYOU JACK LOGGING,&nbsp;ET AL.</a> (Parish of Acadia) Based upon the foregoing, we reverse the court of appeal's decision affirming the award of restoration costs in the amount of $224,000 for the Hornsbys and in the amount of $154,000 for the Guidrys. We hold that the appropriate award of damages in this case is three times the fair market value of the trees cut, in accordance with La. R.S. 3:4278.1 Thus, the Hornsbys are awarded treble damages under La. R.S. 3:4278.1 in the amount of $31,523.67, and the Guidrys are awarded $36,064.20. REVERSED AND RENDERED.CALOGERO, C.J., concurs for reasons assigned by Weimer, J. KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents for reasons assigned by Kimball, J. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2005/05o0524.opn.pdf">2005-O -0524 IN RE: JUDGE LEON A. CANNIZZARO, JR.</a> (Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Judge Leon A. Cannizzaro,Jr. be publicly censured for violating Canons 7B(1)(b), 7B(1)(c), 7D(1), and 7D(3) of the Code of Judicial Conduct(1996). Judge Leon A. Cannizzaro, Jr. is further ordered to reimburse the Judiciary Commission of Louisiana the sum of $809.50.KIMBALL, J., concurs in result and assigns reasons. TRAYLOR, J., concurs for reasons assigned by Kimball, J.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #033</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;19th day of April, 2002&nbsp;, is as follows:&nbsp; &nbsp;PER CURIAM:&nbsp; <a href="/opinions/2002/01B2844.pc.PDF">2001-B- 2844 IN RE: JOANN GINES</a> (Disciplinary Proceedings) Accordingly, the orders of the hearing committee deeming the formal charges admitted are vacated. The charges (which have now been consolidated) are remanded to the appropriate hearing committee for formal hearing, at which time respondent should be allowed to participate and present evidence. The committee shall then make recommendations to the disciplinary board, which shall then submit a new recommendation to this court.&nbsp; &nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 28th day of June, 2024 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2024/23-1396.C.OPN.pdf">2023-C-01396&nbsp;PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS VS. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND THOMAS GALLIGAN, INDIVIDUALLY AND IN HIS CAPACITY OF PRESIDENT OF LOUISIANA STATE UNIVERSITY</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED. SEE OPINION.Hughes, J., dissents for the reasons assigned by Justice Crain. Crichton, J., concurs in the result. Crain, J., dissents in part and assigns reasons. McCallum, J., dissents in part for the reasons assigned by Justice Crain. Griffin, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2024/24-0055.C.OPN.pdf">2024-C-00055&nbsp;WATSON MEMORIAL SPIRITUAL TEMPLE OF CHRIST D/B/A WATSON MEMORIAL TEACHING MINISTRIES, CHARLOTTE BRANCAFORTE, ELIO BRANCAFORTE, BENITO BRANCAFORTE, JOSEPHINE BROWN, ROBERT PARKE, NANCY ELLIS, MARK HAMRICK, ROBERT LINK, CHARLOTTE LINK, ROSS MCDIARMID, LAUREL MCDIARMID, JERRY OSBORNE, JACK STOLIER, AND WILLIAM TAYLOR VS. GHASSAN KORBAN, IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SEWERAGE AND WATER BOARD OF NEW ORLEANS</a>&nbsp;(Parish of Orleans Civil) AFFIRMED AND REMANDED TO THE DISTRICT COURT. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. Griffin, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2024/23-1596.CQ.OPN.pdf">2023-CQ-01596&nbsp;ANGELA PICKARD, ET AL. VS. AMAZON.COM, INC.</a> CERTIFIED QUESTIONS ANSWERED. SEE OPINION.Hughes, J., dissents and assigns reasons. Genovese, J., dissents in part and assigns reasons. McCallum, J., dissents. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2024/23-0788.C.OPN.pdf">2023-C-00788&nbsp;BARBER BROTHERS CONTRACTING COMPANY, LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC; FRANK CUSHENBERRY; AND XYZ INSURANCE COMPANY C/W FRANK CUSHENBERRY AND ROBIN CUSHENBERRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY AND KHLOE CUSHENBERRY VS. JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY, LLC</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED AS AMENDED. SEE OPINION.Hughes, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Justice Hughes and assigns additional reasons. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2024/23-1242.CQ.OPN.pdf">2023-CQ-01242&nbsp;JAMES SELF; WILMA SELF VS. BPX OPERATING COMPANY</a> CERTIFIED QUESTION ANSWERED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/24-0149.B.OPN.pdf">2024-B-00149&nbsp;IN RE: ROBERT WILLIAM HJORTSBERG</a> SUSPENSION IMPOSED. SEE PER CURIAM.Hughes, J., dissents in part for the reasons assigned by Justice Crain. Crichton, J., additionally concurs and assigns reasons. Crain, J., dissents in part and assigns reasons. McCallum, J., dissents in part for the reasons assigned by Justice Crain. &nbsp;<a href="/opinions/2024/24-0248.B.OPN.pdf">2024-B-00248&nbsp;IN RE: ADAM GRANVILLE YOUNG</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part, and dissents in part and assigns reasons. &nbsp;<a href="/opinions/2024/24-0262.B.OPN.pdf">2024-B-00262&nbsp;IN RE: TIMOTHY A. MECHE</a> SUSPENSION IMPOSED. SEE PER CURIAM.&nbsp;&nbsp;</div></div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 27th day of June, 2023 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2023/23-0060.CJ.OPN.pdf">2023-CJ-00060&nbsp;KAREN COHEN KINNETT VS. JARRED BRANDON KINNETT</a>&nbsp;(Parish of Jefferson) REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED TO THE DISTRICT COURT. SEE OPINION.Hughes, J., additionally concurs and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2023/22-1385.KK.OPN.pdf">2022-KK-01385&nbsp;STATE OF LOUISIANA VS. JOHN SHALLERHORN</a>&nbsp;(Parish of Orleans Criminal) REVERSED AND REMANDED. SEE OPINION.&nbsp;<a href="/opinions/2023/22-1570.C.OPN.pdf">2022-C-01570&nbsp;AMY WEDERSTRANDT AND BILLY R. EFFERSON, JR. VS. EDEN KOL</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED. SEE OPINION.Weimer, C.J., dissents for reasons assigned by Crain, J. and assigns additional reasons. Hughes, J., dissents and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2023/22-1826.CA.OPN.pdf">2022-CA-01826&nbsp;T.S VS. CONGREGATION OF HOLY CROSS SOUTHERN PROVINCE, INC. AND HOLY CROSS COLLEGE, INC.</a>&nbsp;(Parish of Orleans Civil) VACATED IN PART; AFFIRMED IN PART; AND REMANDED. SEE OPINION.Weimer, C.J., dissents in part and assigns reasons. Hughes, J., concurs in the result. Crichton, J., concurs in part, dissents in part for reasons assigned by Crain, J. Crain, J., concurs in part, dissents in part and assigns reasons. Griffin, J., concurs in the result. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2023/23-0246.CQ.OPN.pdf">2023-CQ-00246&nbsp;KIRK MENARD VS. TARGA RESOURCES, L.L.C.</a> CERTIFIED QUESTIONS ANSWERED. SEE OPINION. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2023/22-0961.C.OPN.pdf">2022-C-00961&nbsp;CD, INDIVIDUALLY AND ON BEHALF OF THE MINOR, SD VS. SC, INDIVIDUALLY AND AS THE PARENT AND GUARDIAN OF DJ, ROCK SOLID CAMPS, LLC AND STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS, IN SOLIDO</a>&nbsp;(Parish of Caddo) REVERSED AND VACATED IN PART; TRIAL COURT JUDGMENT REINSTATED; AFFIRMED IN PART; AND REMANDED. SEE OPINION.Retired Judge James Boddie appointed Justice ad hoc, sitting for Crichton, J., recused in case number 2022-C-00961 only.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Weimer, C.J. McCallum, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2023/22-1088.C.OPN.pdf">2022-C-01088&nbsp;NEWTEK SMALL BUSINESS FINANCE, LLC AS SUCCESSOR IN INTEREST BY MERGER TO NEWTEK SMALL BUSINESS FINANCE, INC. VS. ROBERT A. BAKER AND ELSA M. BAKER</a>&nbsp;(Parish of St. Tammany) AFFIRMED AS AMENDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons.&nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/22-1715.C.OPN.pdf">2022-C-01715&nbsp;ZACH BELLARD VS. ATK CONSTRUCTION, LLC, ET AL.</a>&nbsp;(Parish of Lafayette) REMANDED. SEE PER CURIAM.Hughes, J., concurs and assigns reasons. Genovese, J., dissents and would reinstate the trial court's judgment. &nbsp;&nbsp;</div></div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 9th day of September, 2020 are as follows:<h1>PER CURIAM:</h1><a href="/Opinions/2020/19-0647.K.CW.19-0730.KO.OPN.pdf">2019-K-00647 c/w 2019-KO-00730 STATE OF LOUISIANA VS. SIMON QUINN</a> (Parish of Terrebonne) We find that the State need not prove a murder beyond a reasonable doubt in order for a defendant to be found guilty of obstructing a murder investigation. We affirm the ruling of the court of appeal, which reversed defendant's conviction for second degree murder, and affirmed defendant's conviction for obstruction of justice, his habitual offender adjudication, and his sentence for obstruction. AFFIRMED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4. Retired Judge Benjamin Jones appointed as Justice ad hoc sitting for Weimer, J., recused in case number 2019-KH-00647 and 2019-KO-00730. Retired Judge Michael E. Kirby appointed as Justice ad hoc sitting for Crain, J., recused in case number 2019-KH-00647 and 2019-KO-00730.Johnson, C.J., concurs in part and dissents in part and assigns reasons. Crichton, J., concurs in part and dissents in part and assigns reasons. Kirby, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/Opinions/2020/19-998.KO.OPN.pdf">2019-KO-00998 STATE OF LOUISIANA VS. KEDDRICK KENNON</a> (Parish of Webster) We reverse the court of appeal's decision in State v. Kennon, 52,661 (La. App. 2 Cir. 5/22/19), 273 So.3d 611, which found defendant's 60-year sentence as a second-felony offender was not excessive. Finding that sentence excessive, we vacate it. To restore the parties to the status quo ante, we also vacate the habitual offender adjudication, and we reinstate the original unenhanced sentences that were affirmed as amended in State v. Kennon, 50,511 (La. App. 2 Cir. 4/13/16), 194 So.3d 661, writ denied, 16-0947 (La. 5/19/17), 220 So.3d 747 - i.e., a term of 30 years imprisonment at hard labor for distribution, with the first two years to be served without parole eligibility, and a term of five years imprisonment at hard labor for possession, the two terms to be served consecutively. Finally, we remand to the district court for further proceedings consistent with the views expressed above. REVERSED AND REMANDED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Johnson, C.J., concurs in part and dissents in part and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;<a href="/Opinions/2020/19-1727.KK.OPN.pdf">2019-KK-01727 STATE OF LOUISIANA VS. DENNIS JEROME BARTIE</a> (Parish of Calcasieu) We affirm the court of appeal's determination that defendant's statements during the police interview from roughly the 48-minute mark onward were made in violation of Miranda, were not free and voluntary, and therefore are not admissible for any purpose including impeachment at the trial. We reverse the court of appeal's order that the first 48 minutes of the police interview can be used only for impeachment and only if defendant testifies, and we reinstate the district court's ruling that the first 48 minutes are admissible to the extent authorized by the rules of evidence. We also reverse the court of appeal's determination that defendant's statement to the corrections officer at Allen Correctional Facility on the day after the police interview is inadmissible at trial. We remand to the district court to conduct an evidentiary hearing and then rule on the admissibility of that statement in light of our determination that defendant's statements during the police interview following the 48-minute mark were not free and voluntary. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.Hughes, J., concurs in part and dissents in part with reasons.&nbsp;&nbsp;&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td 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&nbsp;30th day of June, 2015, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2015/14C2483.opn.pdf">2014-C -2483	TRACY RAY LOMONT v. MICHELLE MYER-BENNETT AND XYZ INSURANCE COMPANY</a>&nbsp;(Parish of Jefferson)Because we find plaintiff filed suit within one year of discovering defendant&rsquo;s malpractice, we hold the lower courts erred in sustaining defendant&rsquo;s exception of peremption. Reversed and remanded for further proceedings.&nbsp; REVERSED AND REMANDED.GUIDRY, J., concurs.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2015/14CA2506.opn.pdf">2014-CA-2506	LEE W. RAND, JEREMY D. BOYCE, KEISHA M. GUICHARD, AND EDMOND J. HARRIS v. CITY OF NEW ORLEANS</a>&nbsp;(Parish of Orleans)Accordingly, because plaintiffs have failed to follow the strictures of motion for summary judgment procedure, we decline to address the merits of plaintiffs&rsquo; constitutional challenge. Due to the fatal flaws present in plaintiffs&rsquo; motion for summary judgment, we reverse the District Court&rsquo;s judgment granting the permanent injunction, reinstate the preliminary injunction prohibiting the City from undertaking any hearings based on this ordinance, and remand the matter to the trial court for further proceedings.&nbsp; REVERSED; PRELIMINARY INJUNCTION REINSTATED; REMANDED.JOHNSON, C.J., concurs in result.&nbsp;<a href="/opinions/2015/15B0284.opn.pdf">2015-B -0284	IN RE: JOYCE NANINE MCCOOL</a>Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral arguments, it is ordered that Joyce Nanine McCool, Louisiana Bar Number 27026, be and hereby is disbarred. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. All costs and expenses in the matter are assessed against respondent in accordance with Louisiana 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.&nbsp; GUIDRY, J., concurs in part and dissents in part. CRICHTON, J., additionally concurs and assigns reasons. CANNELLA, J., concurring in part and dissenting in part.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2015/14C1899.opn.pdf">2014-C -1899	HOLLY D. SWAYZE, ET AL. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Ouachita)For the foregoing reasons, we find that the appellate court legally erred in vacating the city court judgment as a nullity and in remanding this matter to the city court for the sole purpose of having the city court transfer plaintiff&rsquo;s action to a court of proper jurisdiction. Because the appellate court&rsquo;s determination of jurisdiction allowed it to pretermit the issues of causation and quantum that were raised by the UM insurer on appeal, the interest of justice requires that this case be remanded to the court of appeal for consideration of those issues. REVERSED; REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2015/15CA0432.opn.pdf">2015-CA-0432	KASHA LAPOINTE v. VERMILION PARISH SCHOOL BOARD, ET AL.</a>&nbsp;(Parish of Vermilion)Accordingly, the declaration of unconstitutionality from the court of appeal is reversed, and the matter is remanded to that court for consideration of the plaintiff&rsquo;s as-applied challenge. REVERSED AND REMANDED.HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2015/14C2362.opn.pdf">2014-C -2362 RICHARD L. REYNOLDS v. ROBERT J. BORDELON III, ROBERT J. BORDELON JR., USAGENCIES CASUALTY INSURANCE COMPANY, AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE, AND/OR AUTO CLUB FAMILY INSURANCE COMPANY D/B/A TRIPLE A INSURANCE, NISSAN NORTH AMERICA, INFINITY DIVISION OF NISSAN NORTH AMERICA, INC., A LUXURY CAR DIVISION OF NISSAN MOTORS, INSURANCE AUTO AUCTIONS CORP., ABC INSURANCE COMPANY, DEF INSURANCE COMPANY AND XYZ INSURANCE COMPANY C/W STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF/AND LINDA DUPUY v. ROBERT BORDELON AND USAGENCIES CASUALTY INSURANCE COMPANY</a>&nbsp;(Parish of St. Tammany)We find the petition alleges sufficient facts to support a breach of contract cause of action. Thus, we reverse the judgment that granted the exception of no cause of action and remand to the trial court for consideration of the contract claim. We offer no opinion as to the ultimate success of this cause of action or to any defense thereto. REVERSED AND REMANDED.WEIMER, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14C2371.opn.pdf">2014-C -2371 RICHARD L. REYNOLDS v. ROBERT J. BORDELON III, ROBERT J. BORDELON JR., USAGENCIES CASUALTY INSURANCE COMPANY, AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE, AND/OR AUTO CLUB FAMILY INSURANCE COMPANY D/B/A TRIPLE A INSURANCE, NISSAN NORTH AMERICA, INFINITY DIVISION OF NISSAN NORTH AMERICA, INC., A LUXURY CAR DIVISION OF NISSAN MOTORS, INSURANCE AUTO AUCTIONS CORP., ABC INSURANCE COMPANY, DEF INSURANCE COMPANY AND XYZ INSURANCE COMPANY C/W STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF/AND LINDA DUPUY v. ROBERT BORDELON AND USAGENCIES CASUALTY INSURANCE COMPANY</a>&nbsp;(Parish of St. Tammany)For the reasons expressed herein, we find no error in the grant of summary judgment in favor of Nissan and we affirm the judgment of the court of appeal. AFFIRMED.HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2015/14CQ1598.opn.pdf">2014-CQ-1598	R.T. FAULK, III, COREY FARMS, L.L.C.; FAULK FARMS, INCORPORATED; JOANNE HODGES; RIVER VALLEY PROPERTIES; MCHENRY FARMS, L.L.C.; SHERMAN SHAW; T.P. GODWIN; WILLIAM G. NADLER; MCHENRY REALTY PARTNERSHIP v. UNION PACIFIC RAILROAD COMPANY</a>We have answered the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2015/14CK1410.opn.pdf">2014-CK-1410	STATE IN THE INTEREST OF K.L.A.</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, the judgments of the district court and the court of appeal are affirmed, solely as to their ruling that K.L.A. himself is not required to comply with requirements of La. R.S. 32:412(I) and La. R.S. 40:1321(J).&nbsp; AFFIRMED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/14K0945.opn.pdf">2014-K -0945	STATE OF LOUISIANA v. WILLIE JAMES ROBERTSON</a>&nbsp;(Parish of Lafayette)(Second Degree Murder)Under these circumstances, the court of appeal correctly concluded that rational jurors would necessarily have reasonable doubt as to whether defendant's unauthorized presence in the home was a substantial contributing factor in the victim's death, the precipitating event leading to the sudden cardiac arrest that killed her, and was therefore guilty of a homicide, whether second degree murder or manslaughter. The judgment of the court of appeal is affirmed. AFFIRMED.CRICHTON, J., additionally concurs and assigns reasons.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;31st day of May, 2013, is as follows:PER CURIAM: <a href="/opinions/2013/13CA1088.opn.pdf">2013-CA-1088	LOUISIANA FEDERATION OF TEACHERS, EAST BATON ROUGE FEDERATION OF TEACHERS, JEFFERSON FEDERATION OF TEACHERS, NELLIE JOYCE MEARIMAN AND KEVIN JOSEPH DEHART v. STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, without reaching the merits, we vacate the judgment of the district court. The case is remanded to the district court for further proceedings.WEIMER, J., would grant and docket.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;20th day of May, 2011,&nbsp;is as follows:&nbsp;PER CURIAM:<a href="/opinions/2011/2010C2328.opn.pdf">2010-C -2328 CYNTHIA BRIDGES, SECRETARY, LOUISIANA DEPARTMENT OF REVENUE v. HERTZ EQUIPMENT RENTAL CORPORATION</a>&nbsp;(Parish of Jefferson)Accordingly, we recall our order of December 17, 2010 as improvidently granted, and we deny the writ application.KIMBALL, C.J., dissents. JOHNSON, J., dissents. WEIMER, J., dissents.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;11th day of May, 2007, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2007/06b2791.pc.pdf">2006-B -2791 IN RE: JOSEPH M. BRUNO</a> (Disciplinary Proceedings) 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 Joseph M. Bruno,Louisiana Bar Roll number 3604, be and he hereby is suspended from the practice of law for three years, with eighteen months deferred. 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's judgment until paid.VICTORY, J., dissents and assigns brief reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;16th day of June, 2006, is as follows: &nbsp;BY CALOGERO, C.J.: <a href="/opinions/2006/05K1382.opn.pdf">2005-K- 1382 STATE OF LOUISIANA v. HENRY LEE LEONARD</a> (Parish of E. Baton Rouge)(Second Degree Murder) Accordingly, we reverse the court of appeal's ruling, which had upset the defendant's conviction for second degree murder, and remand the matter to the court of appeal for its determination as to whether the&nbsp; guilty verdict actually rendered in this trial was surely unattributable to the error and, if necessary, for consideration of the assignment of error pretermitted in the court of appeal opinion. REVERSED AND REMANDED. VICTORY, J., concurs in the result. KNOLL, J., concurs in the result only.&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #031</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 29th day of June, 2022 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2022/21-1490.C.OPN.pdf">2021-C-01490 REGINALD MARTIN VS. RODNEY THOMAS, GREER LOGGING, LLC and NATIONAL LIABILITY AND FIRE INSURANCE COMPANY</a> (Parish of Caddo) REVERSED AND REMANDED. SEE OPINION.Crichton, J., additionally concurs and assigns reasons. Genovese, J., additionally concurs for the reasons assigned by Justice Crichton and Justice Crain. Crain, J., concurs and assigns reasons. Griffin, J., additionally concurs for the reasons assigned by Justice Crichton and Justice Crain.&nbsp;<a href="/opinions/2022/21-1814.C.OPN.pdf">2021-C-01814 NUCOR STEEL LOUISIANA, LLC VS. ST. JAMES PARISH SCHOOL BOARD AND NESHELLE NOGESS IN HER CAPACITY AS TAX ADMINISTRATOR OF ST. JAMES PARISH TAX AGENCY</a> (Parish of St. James) REVERSED. SEE OPINION.&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2022/21-1367.C.OPN.pdf">2021-C-01367 IN RE: MEDICAL REVIEW PANEL OF MASON HEATH</a> (Parish of Webster) REVERSED AND REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons.&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2022/22-0064.K.OPN.pdf">2022-K-00064 STATE OF LOUISIANA VS. RONALD GASSER</a> (Parish of Jefferson) AFFIRMED. SEE OPINION.Crichton, J., additionally concurs and assigns reasons.&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2022/21-0810.C.OPN.pdf">2021-C-00810 JOHNNY CARVAL HAVARD VS. RICKY JEANLOUIS, ET AL.</a> (Parish of Lafayette) AFFIRMED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Crain, J., dissents in part and assigns reasons. McCallum, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2022/21-1820.CC.OPN.pdf">2021-CC-01820 ALI KAZAN AND EBONY MEDLIN INDIVIDUALLY AND ON BEHALF OF THEIR DAUGHTER LIA KAZAN, DECEASED VS. RED LION HOTELS CORPORATION, ET AL.</a> (Parish of Rapides) REVERSED AND RENDERED. SEE OPINION.Retired Judge Robert L. Lobrano appointed Justice ad hoc, sitting for Crichton, J., recused in case number 2021-CC-01820 only.Weimer, C.J., concurs in the result and assigns reasons.&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2022/21-1336.K.OPN.pdf">2021-K-01336 STATE OF LOUISIANA VS. LADARIOUS BROWN</a> (Parish of Union) REVERSED IN PART. SEE PER CURIAM.&nbsp;<a href="/opinions/2022/21-1460.KK.OPN.pdf">2021-KK-01460 STATE OF LOUISIANA VS. BRIAN CLARKE</a> (Parish of St. Charles) AFFIRMED. SEE PER CURIAM.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #031</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiams handed down on the&nbsp;27th day of May, 2016, are as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/15C1508.OPN.pdf">2015-C -1508	RICHARD BRYANT LOGAN AND CARRIE LOGAN v. DR. DONALD PAUL SCHWAB, JR.</a>&nbsp;(Parish of Terrebonne)For the reasons assigned, the judgment of the district court denying the motion for new trial is reversed. Plaintiffs' motion for new trial is granted. The case is remanded to the district court for further proceedings.JOHNSON, C.J., concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. CLARK, J., dissents with reasons.&nbsp; CRICHTON, J., dissents with reasons.&nbsp;&nbsp;<a href="/opinions/2016/16B0016.OPN.pdf">2016-B -0016	IN RE: JULIE ANN FUSILIER</a>Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the briefs filed by the parties, it is ordered that Julie Ann Fusilier, Louisiana Bar Roll number 19583, be and she hereby is suspended from the practice of law for eighteen months. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Weimer, J.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #031</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiams handed down on the&nbsp;25th day of May, 2012, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2012/11C2453.pc.pdf">2011-C -2453	ALFRED DUPREE, ET AL. v. LOUISIANA MEDICAL MUTUAL INS. CO., ET AL</a>&nbsp;(Parish of St. Landry)Accordingly, we recall our order of February 3, 2012, as improvidently granted, and we deny the writ application.VICTORY, J., dissents with reasons.&nbsp; WEIMER, J., dissents with reasons.&nbsp; GUIDRY, J., dissents and would consider the defendant's writ application.&nbsp;<a href="/opinions/2012/11K2218.PC.pdf">2011-K -2218	STATE OF LOUISIANA v. JOSEPH MARINO</a>&nbsp;(Parish of Orleans)Accordingly, we recall our order of February 17, 2012, as improvidently granted, and we deny the writ application.VICTORY, J., dissents with reasons. WEIMER, J., dissents with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #031</div></td></tr><tr valign="top"><td 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&nbsp;22nd day of May, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/08C2607.opn.pdf">2008-C -2607 MARY CUTSINGER v. LAURA REDFERN, USAGENCIES CASUALTY INSURANCE COMPANY, INC., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a>&nbsp;(Parish of Rapides)For the foregoing reasons, we find the lower courts&rsquo; judgments granting summary judgment in favor of plaintiff insofar as they refused to allow the uninsured motorist carrier a credit for the benefits paid to or on behalf of plaintiff by the workers&rsquo; compensation insurer were in error. The judgment of the court of appeal is reversed. The case is remanded to the trial court for it to conduct further proceedings not inconsistent with this opinion.&nbsp; REVERSED AND REMANDED.VICTORY, J., concurs in the result.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08C1690.opn.pdf">2008-C -1690 ASTORIA ENTERTAINMENT, INC. v. EDWARD J. DEBARTOLO, JR., DEBARTOLO ENTERTAINMENT LOUISIANA GAMING, INC., HOLLYWOOD CASINO CORPORATION, ROBERT GUIDRY, TREASURE CHEST CASINO, L.L.C., ET AL.</a>&nbsp;(Parish of Orleans)For these reasons we find that the court of appeal erred in affirming the trial court's grant of defendants' motions for summary judgment. We hereby reverse the decision of the court of appeal, and remand this matter to the trial court for further proceedings.&nbsp; REVERSED AND REMANDED.KIMBALL, C.J., concurs. KNOLL, J., concurs. GUIDRY, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/08C2035.opn.pdf">2008-C -2035 FAITH BROOKS, ET AL. v. UNION PACIFIC RAILROAD COMPANY, ET AL.</a>&nbsp;(Parish of Allen)For the reasons expressed herein, the judgment of the court of appeal decertifying the class is affirmed; however, the case is remanded to the trial court to consider certifying the class on a more limited basis. AFFIRMED AND REMANDED.TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2009/08C1163.opn.pdf">2008-C -1163 C/W 2008-C -1169 RAY F. RANDO v. ANCO INSULATIONS, INC., ET AL.</a>&nbsp;(Parish of E. Baton Rouge) Calogero, C.J. retired, recused. Chief Justice Calogero recused himself after oral argument and he has not participated in the deliberation of this case.For the foregoing reasons, the judgment of the Court of Appeal, First Circuit, is affirmed.&nbsp; AFFIRMED.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents for the reasons assigned by Victory, J.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #031</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;12th day of April, 2002&nbsp;, are as follows:&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/01CC2206.opn.pdf">2001-CC- 2206&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;BENNETT GEIGER AND PEGGY PENDARVIS, INDIVIDUALLY AND ON BEHALF OF,THEIR MINOR DAUGHTER, SUZANNE NICOLE PENDARVIS v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HEALTH AND HOSPITAL AND EARL K. LONG MEDICAL CENTER</a> (Parish of E. Baton Rouge) For the foregoing reasons, we reverse the decision overruling the state's exception of prescription on the ground that the suit had not prescribed from the date of the act of alleged malpractice, and we remand the case to the district court for a hearing on whether the plaintiffs' claim had prescribed from the date of discovery of the alleged act, omission, or neglect. REVERSED and REMANDED.<a href="/opinions/2002/01CC2206.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/01B2836.pc.pdf">2001-B- 2836&nbsp;</a><a href="/opinions/2002/01B2836.pc.pdf">IN RE: DEONNE DUBARRY&nbsp;</a> (Disciplinary Proceedings)&nbsp; 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 Deonne DuBarry be suspended from the practice of law in Louisiana for period of one year. 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 the finality of this court's judgment until paid.&nbsp;<a href="/opinions/2002/01B3071.pc.pdf">2001-B- 3071 &nbsp;&nbsp;</a>&nbsp;&nbsp;<a href="/opinions/2002/01B3071.pc.pdf">IN RE: CHARLES R. WHITEHEAD, III</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Charles R. Whitehead, III be suspended from the practice of law for a period of one year. Six months of this suspension shall be deferred, subject to a one year period of probation. During the period of probation, respondent shall comply with the conditions of probation recommended by the disciplinary board. It is further ordered that any misconduct during the probationary period will be grounds for making the deferred period of the suspension executory and/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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #030</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;27th day of June, 2018, are as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2018/17-1988.CJ.OPN.pdf">2017-CJ-1988 IN RE: L.M.M., JR., A MINOR&nbsp;</a>(Parish of Jefferson) In this action, the biological mother of a child placed under guardianship with the child&rsquo;s paternal great-aunt filed a petition to terminate that guardianship and to regain custody of the child.&nbsp; Following a trial conducted over three days, the district court rendered judgment terminating the guardianship and awarding joint custody of the child to the guardian and the biological mother, with the mother designated as the domiciliary custodian.&nbsp; On appeal, the court of appeal reversed the district court judgment, reinstated the guardianship, and remanded the case to the district court for purposes of establishing a visitation schedule for the mother.&nbsp; At the mother&rsquo;s behest, we granted certiorari to assess whether the correct legal standards were applied by the courts below and to review the correctness of the district court&rsquo;s determination that the guardianship should be terminated. Finding that this case highlights the distinction that exists between custody determinations under the Civil Code and the guardianship provisions of the Children&rsquo;s Code, we hold that the proper standard for determining whether an order of guardianship should be modified or terminated is statutorily prescribed by Article 724 of the Children&rsquo;s Code, which, in this case, requires proof by the movant/mother by &ldquo;clear and convincing evidence&rdquo; of &ldquo;a substantial and material change in the circumstances of the guardian or child&rdquo; because either &ldquo;[c]ontinuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship&rdquo; or &ldquo;the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.&rdquo;&nbsp; La. Ch.C. art. 724(D).&nbsp; Weighing the evidence in light of that evidentiary burden, we agree with the court of appeal&rsquo;s assessment that the district court erred in determining that the mother met her burden of proving the guardianship should be terminated.&nbsp; Therefore, we affirm the judgment of the court of appeal reinstating the guardianship order. AFFIRMED AND REMANDED.
	 HUGHES, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2018/17-1488.C.OPN.pdf">2017-C-1488 ROGER BURCHFIELD AND CAROL BURCHFIELD&nbsp; v. FORREST H. WRIGHT, M.D., THOMAS RENDA, M.D., AND WILLIS KNIGHTON MEDICAL CENTER</a>&nbsp;(Parish of Caddo) In this medical malpractice case, the jury declined to find the defendant surgeon&rsquo;s failure to refer the plaintiff for a cardiac consult before performing non-emergency gallbladder surgery had caused the patient to suffer a severe heart attack thirty or so hours later that ultimately necessitated a heart transplant rather than a heart bypass. Instead, the jury found the plaintiffs had proven the defendant&rsquo;s breach of the standard of care had resulted in the loss of a chance of a better outcome. The jury awarded the plaintiffs lump sum general damages, which the trial court in its judgment made subject to the Medical Malpractice Act&rsquo;s limitation on the total amount recoverable. The court of appeal found legal error in the verdict form necessitated de novo review of the damages awarded. The court of appeal affirmed the jury&rsquo;s determination the plaintiff had suffered a lost chance of a better outcome and awarded both general damages and special damages, including past medicals, future medicals, and lost wages. Because the court of appeal erred in failing to apply the jurisprudence of this court in determining the damages to be awarded in a lost chance of a better outcome case, we reverse and reinstate the jury&rsquo;s verdict, its lump sum award of general damages, and the trial court&rsquo;s judgment.&nbsp; REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED AND AFFIRMED.
	 &nbsp;<a href="/opinions/2018/18-0280.CA-CW-18-0285.CA.OPN.pdf">2018-CA-0280 C/W 2018-CA-0285 BEER INDUSTRY LEAGUE OF LOUISIANA AND WINE AND SPIRITS FOUNDATION OF LOUISIANA, INC. v. THE CITY OF NEW ORLEANS AND NORMAN S. FOSTER, IN HIS OFFICIAL CAPACITY AS CHIEF FINANCIAL OFFICER AND DIRECTOR OF FINANCE FOR THE CITY OF NEW ORLEANS&nbsp;</a>(Parish of Orleans)&nbsp; In this case, we are called upon to decide whether an ordinance of the City of New Orleans levying a gallonage tax based on volume upon dealers who handle high alcoholic content beverages is a valid exercise of its authority to levy and collect occupational license taxes within the meaning of La. Const. Art. VI, &sect; 28, which permits a local governmental subdivision to impose an occupational license tax not greater than that imposed by the state. This case is before us pursuant to our appellate jurisdiction, La. Const. Art. V, &sect; 5(D), because the ordinance has been declared unlawful and unconstitutional by the trial court. For the following reasons, we find the portion of the ordinance at issue is not an unconstitutional exercise of the City&rsquo;s taxing authority. We thus reverse the trial court&rsquo;s grant of summary judgment in favor of the plaintiffs, and remand to the trial court for further proceedings. REVERSED AND REMANDED.
	 HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2018/17-1518.C-CW-17-1519.C-17-1522.C.OPN.pdf">2017-C-1518 C/W 2017-C-1519 C/W 2017-C-1522 GLORIA'S RANCH, L.L.C. v. TAUREN EXPLORATION, INC., CUBIC ENERGY, INC., WELLS FARGO ENERGY CAPITAL, INC., AND EXCO USA ASSET, INC.&nbsp;</a>(Parish of Caddo)&nbsp; A landowner brought suit against several mineral lessees for breach of the obligations of its mineral lease.&nbsp; The mortgagee of one of the lessees was also named as a defendant. The lower courts held all lessees and the mortgagee solidarily liable for damages resulting from the failure to furnish a recordable act evidencing the expiration of the lease, i.e., failure to release the lease.&nbsp; We granted these consolidated writ applications to determine (1) whether the mortgagee was properly held solidarily liable as an &ldquo;owner&rdquo; of the lease under La. Mineral Code art. 207 and a &ldquo;lessee&rdquo; under La. Mineral Code art. 140; (2) whether the imposition of solidary liability was correct with regard to the owner of the shallow rights; (3) whether La. Mineral Code art. 140&rsquo;s calculation of damages contemplates the inclusion of unpaid royalties (the amount due) in addition to double the amount of unpaid royalties (as a penalty) or whether the maximum damage award allowed is twice the amount of unpaid royalties; and (4) whether $125,000 in attorney fees for work done on appeal is excessive.For the reasons that follow, we find (1) the mortgagee was not an &ldquo;owner&rdquo; for purposes of La. Mineral Code art. 207 and is, therefore, not liable for failure to release the lease.&nbsp; For the same reasons, we find the mortgagee was not a &ldquo;lessee&rdquo; for purposes of La. Mineral Code art. 140 and, is, therefore, not liable for failure to pay royalties that were due.&nbsp; (2) We find Tauren is solidarily liable for the damages because the failure to release the lease is an indivisible obligation. (3) We hold La. Mineral Code art. 140 authorizes as damages a maximum of double the amount of unpaid royalties. (4)&nbsp; Last, we amend the award of attorney fees to reflect our holdings herein. REVERSED IN PART; AMENDED IN PART; AND AFFIRMED AS AMENDED.
	 Retired Judge Hillary Crain assigned as Justice ad hoc, sitting for Crichton, J., recused.CRICHTON, J., recused. WEIMER, J., concurs in part and dissents in part and assigns reasons. GENOVESE, J., dissents in part and assigns reasons.&nbsp;<a href="/opinions/2018/17-1811.C.OPN.pdf">2017-C-1811 WARREN MONTGOMERY, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR ST. TAMMANY PARISH&nbsp; v.&nbsp; ST. TAMMANY PARISH GOVERNMENT, BY AND THROUGH THE ST. TAMMANY PARISH COUNCIL; AND PATRICIA "PAT" BRISTER, IN HER OFFICIAL CAPACITY AS PARISH PRESIDENT&nbsp;</a>(Parish of St. Tammany)&nbsp; We granted writ of certiorari in this case to determine whether the lower courts erred in finding that the St. Tammany Parish District Attorney is not legally obligated and entitled to serve as legal adviser to the St. Tammany Parish Council, Parish President and all departments, offices and agencies, and represent the Parish government in legal proceedings.&nbsp; For the reasons that follow, we find that the lower courts did, in fact, err, and we reverse the trial court&rsquo;s grant of the St. Tammany Parish Government&rsquo;s Motion for Summary Judgment.&nbsp; Furthermore, finding that there is no genuine issue of material fact that the Louisiana Constitution, the laws of the State, and the St. Tammany Parish Charter mandate that Applicant is the general attorney for St. Tammany Parish, we grant the St. Tammany Parish District Attorney&rsquo;s Motion for Summary Judgment. REVERSED AND RENDERED.
	 Retired Judge Michael Kirby, assigned as Justice ad hoc, sitting for Guidry, J., recused.GUIDRY, J., recused. HUGHES, J., concurs and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="/opinions/2018/16-1708.KP.OPN.pdf">2016-KP-1708 STATE OF LOUISIANA v. CATINA CURLEY</a>&nbsp;(Parish of Orleans)&nbsp; This case presents the question of whether the defendant was deprived of effective assistance of counsel where trial counsel failed to investigate and present a cogent defense of &ldquo;battered woman&rsquo;s syndrome&rdquo; (&ldquo;BWS&rdquo;), including failing to investigate the benefits of expert testimony concerning BWS. We hold that the defendant was deprived of effective assistance of counsel in this case, given the documented evidence of repeated abuse the victim perpetrated upon the defendant before his death. We therefore reverse the court of appeal, vacate the defendant&rsquo;s conviction and sentence, and remand to the trial court for further proceedings consistent with this opinion. REVERSED; CONVICTION AND SENTENCE VACATED; REMANDED.
	 WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2018/17-1112.CC.OPN.pdf">2017-CC-1112 KERRY MAGGIO v. JAMES PARKER; THE SANDWICH KINGS, LLC (D/B/A JIMMY JOHN'S); REPUBLIC-VANGUARD INSURANCE COMPANY; AND METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY</a>&nbsp;(Parish of Ascension)&nbsp; In this matter, which is at the summary judgment phase, we are called upon to decide whether a settlement which purports to release &ldquo;all other persons, firms, or corporations who are or might be liable&rdquo; applies to defendants who were not direct parties to the settlement. For the reasons that follow, we find that the defendants are not entitled to summary judgment, reverse the opinion of the court of appeal, and remand for further proceedings. AFFIRMED.
	 WEIMER, J., dissents and assigns reasons.&nbsp; GUIDRY, J., dissents and assigns reasons.&nbsp; CLARK, J., dissents and assigns reasons.&nbsp; HUGHES, J., additionally concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2018/17-0520.K.OPN.pdf">2017-K-0520 STATE OF LOUISIANA v. JUBBARD PRICE</a>&nbsp;(Parish of Orleans)&nbsp; The legislature has provided no statutorily authorized responsive verdicts to the crime of second degree kidnapping in La. C.Cr.P. art. 814, and therefore La. C.Cr.P. art. 815, and its requirement that simple kidnapping be a lesser and included grade of second degree kidnapping before a verdict of guilty of the former can be responsive to a charge of the latter, applies by its plain language. Under State v. Simmons, 01&ndash;0293 (La. 5/14/02), 817 So.2d 16, because reasonable state of facts can be imagined wherein the greater offense second degree kidnapping is committed without perpetration of the lesser offense of simple kidnapping, a verdict of guilty of simple kidnapping is not responsive to a charge of second degree kidnapping. Because the jury&rsquo;s return of the non-responsive verdicts is an implicit acquittal of the crimes charged, we reverse the court of appeal and remand to the trial court to enter a post-verdict judgment of acquittal on the five counts of second degree kidnapping. REVERSED AND REMANDED
	 GUIDRY, J., dissents.&nbsp;<a href="/opinions/2018/17-1875.C.OPN.pdf">2017-C-1875 MARLON EAGLIN v. EUNICE POLICE DEPARTMENT, ET AL.</a>&nbsp;(Parish of St. Landry) In this case, we are called upon to decide whether the false arrest and false imprisonment claims of Paul Powell are prescribed. For the reasons that follow, we conclude the action is prescribed. Accordingly, we reverse the judgment of the court of appeal and reinstate the judgment of the district court. JUDGMENT OF COURT OF APPEAL REVERSED. TRIAL COURT JUDGMENT REINSTATED.
	 JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2018/17-2074.C.OPN.pdf">2017-C-2074 BRANDON FORVENDEL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a>&nbsp;(Parish of Jefferson) In this case, we are called upon to decide whether an insurer waived its defenses to plaintiff&rsquo;s current claim by paying on an earlier claim to him in error. For the reasons that follow, we find that the insurer did not waive its rights. Accordingly, we reverse the judgments of the courts below. REVERSED.
	 &nbsp;<a href="/opinions/2018/18-0170.C.OPN.pdf">2018-C-0170 ANGELA JACKSON v. FAMILY DOLLAR STORES OF LOUISIANA INC., S&amp;S JANITORIAL SERVICES, LLC, SMS ASSIST, LLC</a>&nbsp;(Office of Workers&rsquo; Compensation, District 8) In this workers&rsquo; compensation case, we are called upon to decide whether the employer&rsquo;s appeal, taken within the devolutive appeal delays but outside of the suspensive appeal delays, is timely under the special provisions of La. R.S. 23:1310.5(C).&nbsp; For the reasons that follow, we find the appeal should be maintained as timely, but because the appeal is devolutive in nature, the judgment awarding benefits is subject to immediate execution.
	 AFFIRMED AND REMANDED.
	 &nbsp;JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2018/18-0313.C.OPN.pdf">2018-C-0313 KEVIN COOLIDGE v. AUSTIN BUTLER, DBA AUSTIN'S AUTO SALVAGE</a>&nbsp;(Office of Workers&rsquo; Compensation, District 1E) For the reasons assigned in our opinion in Angela Jackson v. Family Dollar Stores of Louisiana, Inc., et al., 18-0170 (La. __/__/18), ___ So.3d ___, the judgment of the court of appeal is affirmed insofar as it determined it had jurisdiction to consider this devolutive appeal, although it could not entertain the appeal until the bond was posted. The case is remanded to the court of appeal to determine whether the bond has been posted and, if so, to consider the appeal on the merits. AFFIRMED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs. CRICHTON, J., additionally concurs for the reasons assigned in Angela Jackson v. Family Dollar Stores of Louisiana, Inc., et al., 18-0170 (La. 6/27/18,___ So.3d.___.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #030</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;13th day of May, 2011, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2011/10C2613.opn.pdf">2010-C -2613	JEFFREY OWEN MEAUX v. WENDY'S INTERNATIONAL, INC., F.J.B. CONSTRUCTION, INC., ACE INSURANCE COMPANY, AND XYZ INSURANCE COMPANY</a>&nbsp;(Parish of Jefferson)Accordingly, we remand the matter to the trial court for further proceedings. REMANDED TO TRIAL COURT.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #030</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;23rd day of April, 2010, is as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2010/09c1633.opn.pdf">2009-C -1633 CHERAMIE SERVICES, INC. AND ATTECIA CHERAMIE v. SHELL DEEPWATER PRODUCTION, INC. AND FILCO INTERNATIONAL, INC.</a>&nbsp;(Parish of Orleans)Kimball, C.J., did not participate in the deliberation of this opinion.Accordingly, we hold that the court of appeal erred in reversing the trial court's grant of summary judgment dismissing plaintiffs' LUTPA claim.&nbsp; JUDGMENT REVERSED; JUDGMENT RENDERED DISMISSING PLAINTIFFS' PETITION.JOHNSON, J., concurs and assigns reasons. KNOLL, J., concurs in result only. GUIDRY, J., concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #030</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;1st day of May, 2000&nbsp;are as follows:&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99k1794.pc.pdf">1999-K- 1794 STATE OF LOUISIANA v. JOSEPH BUTLER, JR.&nbsp;</a>(Parish of St. Mary) (Possession of Cocaine With Intent to Distribute) Under these circumstances, we conclude that the evidence was sufficient to support relator's conviction of possession of cocaine with intent to distribute. AFFIRMED.CALOGERO, C.J., not on panel, recused. See La. S.Ct. Rule IV, Part II, &sect;3. <a href="/opinions/2000/99k1794.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 30th day of June, 2021 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/Opinions/2021/20-0313.CA.OPN.re.pdf">2020-CA-00313 KHRISTY GOINS RISMILLER, TUTRIX FOR DANIEL EDWARD GOINS VS. GEMINI INSURANCE COMPANY, MARK ISIAH GORDON AND KEITH BOONE TRUCKING, LLC C/W DAVID WATTS VS. MARK GORDON, KENNETH BOONE dba BOONE TRUCKING, KEITH BOONE TRUCKING AND GEMINI INSURANCE COMPANY C/W SHEILA SMITH VS. GEMINI INSURANCE COMPANY, KENNETH CHAD BOONE D/B/A BOONE TRUCKING, AND MARK GORDON C/W SUCCESSION OF RICHARD STEWART, JR., RAYMOND KELLY, DONNA KELLY, RICHARD STEWART, SR. AND VERA ANITA STEWART VS. MARK ISIAH GORDON, KENNETH BOONE, KEITH BOONE TRUCKING, LLC AND GEMINI INSURANCE COMPANY</a> (Parish of Concordia) ORIGINAL DECREE VACATED; JUDGMENT OF THE DISTRICT COURT REVERSED; JUDGMENT RENDERED; PEREMPTORY EXCEPTION SUSTAINED AND CLAIMS DISMISSED. SEE OPINION. Hughes, J., dissents for the reasons assigned by Justice Griffin. Genovese, J., dissents for the reasons assigned in the original opinion and for the reasons assigned by Justice Griffin. Griffin, J., dissents and assigns reasons.&nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/Opinions/2021/20-1409.CC.OPN.pdf">2020-CC-01409 BRENDA BERGERON, INDIVIDUALLY AND ON BEHALF OF HER HUSBAND, DONALD BERGERON VS. DONALD RICHARDSON, M.D. AND PAUL HUBBELL, III, M.D.</a> (Parish of Jefferson) REVERSED AND RENDERED. SEE OPINION. Weimer, C.J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY McCallum, J.: </h1><a href="/Opinions/2021/20-0685.C.OPN.pdf">2020-C-00685 STATE OF LOUISIANA, ET AL. VS. LOUISIANA LAND &amp; EXPLORATION CO., ET AL.</a> (Parish of Vermilion) AFFIRMED AND REMANDED. SEE OPINION. Retired Judge Michael E. Kirby, appointed Justice ad hoc, sitting for Genovese, J., recused in case number 2020-C-00685 only.Weimer, C.J., dissents in part and assigns reasons. Crichton, J., dissents. Crain, J., dissents in part and assigns reasons. Griffin, J., concurs in part, dissents in part for the reasons assigned by Chief Justice Weimer. &nbsp;&nbsp;<h1>BY Griffin, J.: </h1><a href="/Opinions/2021/19-2011.C.OPN.re.pdf">2019-C-02011 SUCCESSION OF JAMES CONWAY LINER, III</a> (Parish of Ouachita) ORIGINAL DECREE VACATED; COURT OF APPEAL OPINION AFFIRMED; REMANDED TO TRIAL COURT. SEE OPINION. Weimer, C.J., additionally concurs and assigns reasons. Hughes, J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Genovese, J., dissents and assigns reasons. &nbsp;<a href="/Opinions/2021/20-1054.C_20-1117.C.OPN.pdf">2020-C-01054 c/w 2020-C-01117 MARTIN BAACK AND BRENDA BAACK VS. MICHAEL MCINTOSH, ET AL.</a> (Parish of Natchitoches) AFFIRMED. SEE OPINION. Weimer, C.J., additionally concurs and assigns reasons. Crichton, J., dissents for the reasons assigned by Justice McCallum. Crain, J., dissents and assigns reasons. McCallum, J., dissents and assigns reasons.&nbsp;&nbsp;<h1>PER CURIAM: </h1><a href="/Opinions/2021/19-1079.K.OPN.pdf">2019-K-01079 STATE OF LOUISIANA VS. RANDALL PAUL BURTON</a> (Parish of Vernon) REVERSED AND REMANDED. SEE PER CURIAM.Crain, J., concurs in part, dissents in part and assigns reasons. McCallum, J., concurs in part, dissents in part for the reasons assigned by Justice Crain. &nbsp;<a href="/Opinions/2021/21-0191.B.OPN.pdf">2021-B-00191 IN RE: KEVIN C. SCHOENBERGER</a> SUSPENSION IMPOSED. SEE PER CURIAM. Crichton, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td 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&nbsp;23rd day of May, 2014,&nbsp;are as follows:PER CURIAM:<a href="/opinions/2014/14O0526.PC.pdf">2014-O-0526 IN RE: JUSTICE OF THE PEACE MARY FORET SECOND JUSTICE OF THE PEACE COURT LAFOURCHE PARISH STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Justice of the Peace Mary Foret, Second Justice of the Peace Court, Lafourche Parish, State of Louisiana, be suspended from office for a period of sixty days, without pay. Further, pursuant to Supreme Court Rule XXIII, &sect; 22, we cast Justice of the Peace Foret with costs incurred in the investigation and prosecution of this proceeding in the amount of $196.00.WEIMER, J., recused.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;22nd day of May, 2012,&nbsp;is as follows:&nbsp;PER CURIAM: <a href="/opinions/2012/12ca0908.pc.pdf">2012-CA-0908 SUSAN ARRINGTON, INDIVIDUALLY AND ON BEHALF OF HER FORMERLY MINOR CHILDREN, NOW MAJORS, JOELLE ARRINGTON AND LAURA ARRINGTON v. GALEN-MED, INC. D/B/A LAKE AREA MEDICAL CENTER, ET AL. C/W CHARLES AND SHARON TAYLOR, ET AL. v. DR. RICHARD J. CLEMENT&nbsp;</a>(Parish of Calcasieu)Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La. 3/13/12), __So.3rd__.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;18th day of April, 2008, is as follows:BY WEIMER, J.:<a href="/opinions/2008/07C1335.opn.pdf">2007-C- 1335 C/W 2007-C -1399 EUGENE BELLARD v. AMERICAN CENTRAL INS. CO., ET AL.&nbsp;</a>(Parish of Calcasieu) We remand this case to the district court to confect an appropriate monetary judgment consistent with the views expressed herein. REVERSED IN PART; AMENDED IN PART AND AS AMENDED AFFIRMED; REMANDED.CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., concurs in part, dissents in part and assigns reasons. TRAYLOR, J., concurs in part, dissents in part and assigns reasons. KNOLL, J., concurs in result in part and dissents in part with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;27th day of April, 2007, is as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/06KK2383.opin.pdf">2006-KK-2383 STATE OF LOUISIANA v. GEORGE KING</a> (Parish of Lasalle) (Malfeasance in Office) For all of the above reasons, we find defendant has proved by a preponderance of the evidence that the district attorney should be recused pursuant to La. C.Cr.P. art. 680(1). Consequently, we find the trial court erred in denying the motion to recuse the district attorney. Accordingly, we affirm the court of appeal&rsquo;s order granting defendant&rsquo;s motion to recuse the district attorney and remanding the case to the trial court for further proceedings.&nbsp; AFFIRMED AND REMANDED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents. KNOLL, J., dissents for the reasons assigned by Victory, J. WEIMER, J., concurs in the result and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;30th day of May, 2006,&nbsp;is as follows: &nbsp;BY CALOGERO, C.J.: <a href="/opinions/2006/05CC1704.opn.pdf">2005-CC-1704 DIANE T. HORTON v. ROBERT J. MAYEAUX, STATE FARM MUTUAL AUTOMOBILEINSURANCE COMPANY AND PROGRESSIVE SECURITY INSURANCE COMPANY</a> (Parish ofE. Baton Rouge) The district court judgment ordering a new trial in this case is affirmed. The case is remanded to the district court for further proceedings consistent with this decision. AFFIRMED AND REMANDED. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;19th day of March, 2004, is as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03cc1299.opn.pdf">2003-CC-1299 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; KATHERINE RAMEY (INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF DAVID F. RAMEY, M.D., AND ON BEHALF OF HER MINOR CHILDREN, KRISTEN RAMEY AND BRAD RAMEY) AND RENEE RAMEY v. MICHAEL DECAIRE&nbsp;(ADMINISTRATIVE DIRECTOR, PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA), MARTHA BROWN (MEDICAL DIRECTOR, PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA), PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA (PHFL), PHYSICIANS' HEALTH PROGRAM (PHP), PHYSICIANS' HEALTH COMMITTEE (PHC)</a> (Parish of E. Baton Rouge)For the foregoing reasons, the judgment of the district court is reversed and defendants' peremptory exception of no cause of action is sustained. The case is remanded to the district court with instructions to permit an amendment of plaintiffs' petition in accordance with the views expressed herein. Plaintiffs are given thirty days from the date of the finality of this judgment to amend their petition. If plaintiffs fail to amend their petition within the prescribed time, the district court shall dismiss their suit. REVERSED AND REMANDED.VICTORY, J., concurs in part and dissents in part with reasons. KNOLL, J., concurs in part and dissents in part and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;23rd day of April, 2003&nbsp;, is as follows:&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2003/02c2047.opn.pdf">2002-C- 2047 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BRIAN R. BECHT v. MORGAN BUILDINGS &amp; SPAS, INC.&nbsp;</a> (Parish of E. Baton Rouge) For the foregoing reasons, the lower courts' awards of penalty wages and attorney's fees are affirmed. AFFIRMED.CALOGERO, C.J., concurs. JOHNSON, J., concurs. VICTORY, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;3rd day of April, 2001, are as follows:&nbsp; BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2001/00kk1554.opn.pdf">2000-KK- 1554 STATE OF LOUISIANA v. PATRICK KENNEDY&nbsp;</a>(Parish of Jefferson) (Aggravated Rape Upon a Female Juvenile) Because the State has failed to make the required showing for the admissibility of the other crimes evidence, we find the State has not satisfied its burden of proof under La. Code Evid. art. 404(B) and&nbsp;State v. Prieur&nbsp;. Accordingly, we find the court of appeal correctly applied Louisiana law governing the admissibility of evidence of other crimes, wrongs, or acts. The court of appeal's decision reversing the district court's pretrial ruling is affirmed, and the case is remanded to the district court for further proceedings.Melvin A. Shortess, Associate Justice, ad hoc, sitting for Associate Justice Jeanette T. Knoll, recused.<a href="/opinions/2001/00kk1554.jpv.pdf">VICTORY, J., concurs and assigns reasons&nbsp;</a>. <a href="/opinions/2001/00kk1554.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2001/00c1227.opn.pdf">2000-C- 1227 SHOWBOAT STAR PARTNERSHIP, SHOWBOAT OF LOUISIANA, INC. AND LAKE PONTCHARTRAIN SHOWBOAT, INC. v. RALPH SLAUGHTER, SECRETARY OF THE DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA&nbsp;</a>(Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal is reversed, and plaintiffs' action seeking a refund of taxes and interest paid under protest is dismissed, except as to the taxes and interest attributable to the signs and surveillance equipment. The case is remanded to the trial court to allow plaintiffs to present evidence on their entitlement to an exemption for some or all of the signs and security surveillance equipment, if such equipment is found to be a component part, and for rendition of a judgment in accordance with this opinion.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/98ka0541.opn.pdf">1998-KA- 0541 STATE OF LOUISIANA v. CLIFFORD DERUISE&nbsp;</a>(Parish of Orleans) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed as to Count 2, involving the murder of Etienne Nachampassak. In the event this judgment becomes final on direct review when either: (1) the Defendant fails to petition timely the United States Supreme Court for certiorari; or (2)that Court denies his petition for certiorari; and either (a) the Defendant, having filed for and been denied certiorari, fails to petition the United States Supreme timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art.15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. Section 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in state courts.&nbsp;<a href="/opinions/2001/00ca1132.opn.pdf">2000-CA- 1132 MAYOR MARC H. MORIAL, AND THE CITY OF NEW ORLEANS v. SMITH &amp; WESSON CORPORATION, ET AL&nbsp;</a>(Parish of Orleans) For the reasons explained above, defendants' exception of no right of action is sustained and plaintiffs' action is dismissed. The district court's conclusion as to the constitutionality of La.R.S. 40:1799 is reversed. The district court's conclusion relating to defendants' exception of no cause of action and the constitutionality of La. R.S. 9:2800.60 is vacated and set aside. REVERSED IN PART; VACATED IN PART; and RENDERED.<a href="/opinions/2001/00ca1132.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons</a>. <a href="/opinions/2001/00ca1132.htl.pdf">LEMMON, J., concurs and assigns reasons. </a>JOHNSON, J., dissents for reasons assigned by Calogero, C.J.&nbsp;<a href="/opinions/2001/00ca1528.opn.pdf">2000-CA- 1528 ROBERT BOURGEOIS, ET AL. v. A.P. GREEN INDUSTRIES, INC., ET AL.&nbsp;</a>(Parish of Jefferson) The judgment of the district court declaring Act 989 unconstitutional as applied to plaintiffs' claims is affirmed; the case is transferred to the fifth circuit court of appeal for it to address the remaining, non-constitutional issues raised by the parties in this appeal. JUDGMENT AS TO CONSTITUTIONAL ISSUE AFFIRMED; CASE TRANSFERRED TO THE LOUISIANA FIFTH CIRCUIT COURT OF APPEAL<a href="/opinions/2001/00ca1528.htl.pdf">LEMMON, J., subscribes to the opinion and assigns additional reasons.&nbsp;</a> &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2001/00k0313.opn.pdf">2000-K- 0313 STATE OF LOUISIANA v. HOWARD COHN&nbsp;</a>(Parish of St. Tammany) (Misapplication of Payments) For the reasons stated herein, the judgment of the court of appeal is reversed and this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error pretermitted on original appeal. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2001/00cc1023.opn.pdf">2000-CC- 1023 EDWARD MARTIN, ET AL v. HERITAGE MANOR SOUTH, ET AL&nbsp;</a>(Parish of Caddo) For the reasons stated herein, we reverse the judgment of the trial court granting plaintiffs' motion for new trial and reinstate the jury verdict in favor of Heritage Manor. REVERSED; JURY VERDICT REINSTATED.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2001/00c1918.opn.pdf">2000-C- 1918 ARCHIE BOYETTE v. UNITED SERVICES AUTOMOBILE ASSOC. ET AL.&nbsp;</a>(Parish of Rapides) For the reasons assigned, we vacate the judgment of the court of appeal awarding past and future lost wages. The verdict of the jury finding no past or future lost wages is reinstated. The judgment of the trial court assessing all trial costs to plaintiff is reinstated. All cost of this appeal are assessed to plaintiff.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00c1918.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>KNOLL, J., concurs in part and dissents in part for the reasons assigned by Chief Justice Calogero.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2001/00c2628.opn.pdf">2000-C- 2628 TERRY L. LASYONE v. KANSAS CITY SOUTHERN RAILROAD, STATE OF LOUISIANA THROUGH DOTD AND THE PARISH OF POINTE COUPEE THROUGH ITS GOVERNING AUTHORITY, THE POLICE JURY OF POINTE COUPEE PARISH&nbsp;</a>(Parish of Pointe Coupee) For the foregoing reasons, the judgment of the appellate court is reversed and set aside, and the district court judgment is reinstated. This matter is remanded to the court of appeal to perform the first appellate review of the damages which the trial court awarded to Lasyone. REVERSED AND REMANDED.<a href="/opinions/2001/00c2628.htl.pdf">LEMMON, J., concurs in part and dissents in part, and assigns reasons. </a><a href="/opinions/2001/00c2628.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;<a href="/opinions/2001/00c2668.opn.pdf">2000-C- 2668 STEVE BLACKBURN, ET AL v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH C/W STEVEN AND WENDI ROYER v. SCAFCO, LTD., ET AL&nbsp;</a>(Parish of Calcasieu) For the foregoing reasons, the judgment of the court of appeal affirming the cross-motion for summary judgment of the Blackburns, Royers, State Farm, and Rials is reversed and set aside. The motion for summary judgment of National Union is hereby granted, setting the limits of liability coverage for Rials' accident at the statutory minimum. This case is remanded to the district court for further proceedings. REVERSED AND REMANDED&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/00b3105.pc.pdf">2000-B- 3105 IN RE: DANIEL R. KEELE </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is the decision of the court that respondent, Daniel R. Keele, be suspended from the practice of law for a period of eight months, with five months deferred, subject to a six month period of supervised probation. Respondent is further ordered to refund any fees paid to him by Ms. Strange. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX, section 10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.&nbsp;<a href="/opinions/2001/00b1939.pc.pdf">2000-B- 1939 IN RE: JOHNNIE A. JONES, SR. </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and the record filed herein, it is the decision of the court that respondent, Johnnie A. Jones, Sr., be suspended from the pratice of law for a period of one year. Respondent is further ordered to submit to fee arbitration through the Louisiana State Bar Association for resolution of the Davis and Mitchell matters and refund any improper or unearned fees. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX section 10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.LEMMON, J., dissents, agreeing with the recommendation of the Disciplinary Board. VICTORY, J., dissents and agrees with the recommendation of the Disciplinary Board. TRAYLOR, J., dissents and agrees with the recommendation of the Disciplinary Board.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #029</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">On the&nbsp;20th day of April, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s)listed below:&nbsp; STAY DENIED; WRIT APPLICATION DENIED:2000-CC- 1102 CHRISTINA MICHELLE MATRANA v. ARGONAUT GREAT CENTRAL INSURANCE COMPANY (Parish of Jefferson) KNOLL, J., not on panel.&nbsp;On the&nbsp;26th day of April, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp; WRIT APPLICATION(S) GRANTED:2000-CJ- 0948 IN RE: A.J.F. APPLYING FOR PRIVATE ADOPTION (Parish of Jefferson) TRAYLOR, J., not on panel.&nbsp; WRIT APPLICATION(S) GRANTED WITH ORDER:2000-KD- 1059 STATE EX REL ALLEN ROBERTSON, JR. v. STATE OF LOUISIANA (Parish of E.Baton Rouge) MARCUS, J., not on panel.&nbsp; WRIT APPLICATION(S) DENIED:2000-OB- 1074 IN RE: HAROLD S. ANSELL, III LEMMON, J., not on panel.2000-KK- 1182 STATE OF LOUISIANA v. THOMAS LODRIGUES (Parish of Jefferson) KIMBALL, J., not on panel.&nbsp;On the&nbsp;28th day of April, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp; WRIT APPLICATION(S) GRANTED WITH ORDER:<a href="/opinions/2000/99k3283.pc.pdf">1999-K - 3283 STATE OF LOUISIANA v. CHRISTOPHER DEROUSELLE</a> (Parish of Orleans) See Per Curiam. LEMMON, J., not on panel. CALOGERO, C.J., would grant and docket.2000-CC- 0389 CLECO CORPORATION v. LEONARD JOHNSON AND LEGION INDEMNITY COMPANY (Parish of St. Tammany) KNOLL, J., not on panel.<a href="/opinions/2000/00c0587.pc.pdf">2000-C - 0587 PATRICIA RAWLS PAXTON, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILD, CONSTANCE TIFFANY PAXTON v. WANDA FAYE SANDERSON AND LLOYD SANDERSON, STATE FARM FIRE &amp; CASUALTY CO.</a> (Parish of Ouachita) See Per Curiam. MARCUS, J., not on panel.2000-CC- 0722 TANNA HEBERT v. MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS (Parish of Orleans) MARCUS, J., not on panel. CALOGERO, C.J., would grant and docket.2000-CC- 0726 JOSEPH GREFER, CAMILLE GREFER, ROSE MARIE GREFER HASSIE AND HENRY GREFER v. ALPHA TECHNICAL, ET AL (Parish of Orleans) TRAYLOR, J., not on panel.2000-CC- 0744 JAMES MELEAR v. DR. ALAN KAYE, DR. REEM MANSOUR, AND UNIVERSITY HEALTHCARE SYSTEM, L.L.C., D/B/A TULANE UNIVERSITY HOSPITAL AND CLINIC (Parish of Orleans) CALOGERO, C.J., not on panel.&nbsp; TRANSFERRED TO THE DISTRICT COURT:2000-KH- 0964 STATE EX REL GEORGE A. SCHWINDLING v. STATE OF LOUISIANA (Parish of Madison) MARCUS, J., not on panel.&nbsp; RECONSIDERATION(S) DENIED:1999-KO- 2346 STATE OF LOUISIANA v. KEVIN PETERSON (Parish of Ascension) LEMMON, J., not on panel.2000-C - 0127 RAYFORD J. COMEAUX, AND BRENDA FREMIN COMEAUX v. C.F. BEAN CORPORATION AND BEAN-WEEKS COMPANY (Parish of Plaquemines) JOHNSON, J., not on panel.2000-C - 0683 TOMMY LEE EVANS v. DONNA COODY LUNGRIN (Parish of Beauregard) KNOLL, J., not on panel.&nbsp; MOTION(S) TO ENFORCE DENIED:1999-KH- 2698 STATE EX REL FRANK EDWARD FISCHER, III v. STATE OF LOUISIANA (Parish of Orleans) CALOGERO, C.J., not on panel.1999-KH- 3502 STATE OF LOUISIANA v. DAMON THIBODEAUX (Parish of Jefferson) MARCUS, J., not on panel.&nbsp; WRIT APPLICATION(S) DENIED:1999-KH- 2991 STATE EX REL GERALD JAMES DATRICE v. STATE OF LOUISIANA (Parish of St. Landry) KIMBALL, J., not on panel.1999-KH- 2992 STATE EX REL WILLIAM C. RICHARDSON v. STATE OF LOUISIANA (Parish of Caddo) MARCUS, J., not on panel.1999-KH- 2993 STATE EX REL STEVEN DOMINQUE v. STATE OF LOUISIANA (Parish of Acadia) JOHNSON, J., not on panel.1999-KH- 2998 STATE EX REL GREGORY LEEMING v. STATE OF LOUISIANA (Parish of Jefferson) LEMMON, J., not on panel.1999-KH- 2999 STATE OF LOUISIANA v. CHARLES AARON ALFORD (Parish of Ascension) MARCUS, J., not on panel.1999-KH- 3000 STATE EX REL JESSE TREVATHAN JR. v. STATE OF LOUISIANA (Parish of Terrebonne) KIMBALL, J., not on panel.1999-KH- 3001 STATE EX REL CARL BARRAS v. STATE OF LOUISIANA (Parish of St. Tammany) CALOGERO, C.J., not on panel.1999-KH- 3002 STATE EX REL ANTHONY WHITE v. STATE OF LOUISIANA (Parish of Bossier) LEMMON, J., not on panel.1999-KH- 3005 STATE EX REL KENNETH HINES v. STATE OF LOUISIANA (Parish of Orleans) CALOGERO, C.J., not on panel.1999-KH- 3007 STATE EX REL WILLIAM WANSLEY v. STATE OF LOUISIANA (Parish of E. Baton Rouge) VICTORY, J., not on panel.1999-KH- 3008 STATE EX REL SHELLY WALTON v. STATE OF LOUISIANA (Parish of Orleans) CALOGERO, C.J., not on panel.1999-KH- 3009 STATE EX REL JOE JOSEPH v. STATE OF LOUISIANA (Parish of Allen) KIMBALL, J., not on panel.1999-KH- 3010 STATE EX REL RALPH D. JONES v. STATE OF LOUISIANA (Parish of St. Tammany) VICTORY, J., not on panel.1999-KH- 3011 STATE EX REL RICHARD COLEMAN v. STATE OF LOUISIANA (Parish of Caddo) TRAYLOR, J., not on panel.1999-KH- 3012 STATE EX REL PERMILLA BROWN v. STATE 0F LOUISIANA (Parish of Orleans) KNOLL, J., not on panel.1999-KH- 3020 STATE EX REL RAE ANN MORGAN v. STATE OF LOUISIANA (Parish of Orleans) CALOGERO, C.J., not on panel.1999-KH- 3033 STATE EX REL CALVIN DONALD v. STATE OF LOUISIANA (Parish of Caldwell) KIMBALL, J., not on panel.1999-KH- 3034 STATE EX REL ALBERT LEONARD v. STATE OF LOUISIANA (Parish of Orleans) LEMMON, J., not on panel.1999-KH- 3046 STATE EX REL SOLOMON BIRDSONG v. STATE OF LOUISIANA (Parish of Caddo) MARCUS, J., not on panel.1999-KH-3073 STATE EX REL ANTHONY WILLIAMS v. STATE OF LOUISIANA (Parish of E.Baton Rouge) KNOLL, J., not on panel.1999-K - 3246 STATE OF LOUISIANA v. ROBERT J. MILLER (Parish of Avoyelles) KNOLL, J., not on panel; recused. TRAYLOR, J., would grant the writ.1999-KP- 3248 STATE OF LOUISIANA v. CHARLES GRAY (Parish of Ouachita) JOHNSON, J., not on panel.1999-K - 3293 STATE OF LOUISIANA v. ANDREW DROUGHN (Parish of Orleans) VICTORY, J., not on panel.1999-K - 3311 STATE OF LOUISIANA v. JOSEPH SMITH (Parish of E. Baton Rouge) TRAYLOR, J., not on panel; recused.1999-KO- 3317 STATE OF LOUISIANA v. DWAYNE VIZIER (Parish of Lafourche) VICTORY, J., not on panel.1999-K - 3328 STATE OF LOUISIANA v. JEFFERY P. BLACKMON (Parish of Evangeline) CALOGERO, C.J., not on panel.1999-KK- 3590 STATE OF LOUISIANA v. JASON CAVENILE, ET AL (Parish of Orleans) LEMMON, J., not on panel. TRAYLOR, J., would grant the writ.2000-C - 0027 LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY (BLUE CROSS AND BLUE SHIELD OF LOUISIANA ) v. BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT (ORLEANS LEVEE BOARD) (Parish of Orleans) KIMBALL, J., not on panel; recused.2000-C - 0660 REATHA L. NELSON, INDIVIDUALLY AND AS REPRESENTATIVE OF HER DECEASED MOTHER, ELSIE MAE ZEIGLER AND AS ADMINISTRATRIX OF ROBERT ZEIGLER V. RUSTON LONGLEAF NURSE CARE CENTER, INC. (Parish of Lincoln) VICTORY, J., not on panel. JOHNSON, J., would grant the writ.2000-C - 0693 VERNON R. JARRELL v. ANGOLA PENITENTIARY (Office Of Workers' Compensation District 02) LEMMON, J., not on panel. TRAYLOR, J., would grant the writ.2000-C - 0694 ENLOE L. CLARK v. JEFF R. LAVOY, M.D., ET AL. (Parish of Calcasieu) KIMBALL, J., not on panel.2000-CC- 0697 JOHN ANDERSON, III AND BENJAMIN ANDERSON v. CNA INSURANCE COMPANY, MR. &amp; MRS. JOHN HUGHES, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF THEIR MINOR SON, MARK HUGHES, MR. AND MRS. FREDERICK DERBES, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF THEIR MINOR SON, RYAN DERBES (Parish of Jefferson) VICTORY, J., not on panel.2000-KK- 0708 STATE OF LOUISIANA v. WILLIAM J. FELDER (Parish of St. Tammany) KIMBALL, J., not on panel.2000-C - 0710 OLEN CLARK v. GULF COAST OFFICE PRODUCTS, INC.(Parish of Calcasieu) VICTORY, J., not on panel. MARCUS, J., would grant the writ.2000-C - 0711 JERRY CASTILLE AND PHYLLIS ANN M. CASTILLE, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, SKETT D. CASTILLE, KIMBERLY A. CASTILLE, AND DRAKE A. CASTILLE v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT AND THE PARISH OF LAFAYETTE (Parish of Lafayette) TRAYLOR, J., not on panel. VICTORY, J., would grant the writ.2000-C - 0721 PHILIP ANDREPONT v. CAROLA ANN LILLIE ANDREPONT (Parish of St. Landry) LEMMON, J., not on panel.2000-C - 0727 RALPH BURAS v. DARRYL M. SCHULTZ, ET AL.(Parish of Orleans) VICTORY, J., not on panel.2000-C - 0735 COTTONPORT BUILDING SUPPLY v. KARL GASPARD, ET AL (Parish of Avoyelles) KNOLL, J., not on panel; recused. MARCUS, J., would grant the writ. VICTORY, J., would grant the writ.2000-CC- 0737 FOSTER ANDREWS v. ESTATE OF LEROY SIMS, ET AL, C/W ELOISE WILLAMS BATTISTE, ET AL v.LEROY SIMS, ET AL (Parish of E. Baton Rouge) KIMBALL, J., not on panel.2000-C - 0741 JOHN BOLESNY v. CANNONBALL MOVING, INC. ET AL (Parish of Orleans) JOHNSON, J., not on panel.2000-C - 0743 E &amp; R TRUST, ET AL v. RAGUSA, INC., ET AL (Parish of Jefferson) VICTORY, J., not on panel. CALOGERO, C.J., would grant the writ.2000-C - 0745 NANCY LOUVIERE AND BOBBY LOUVIERE v. CITY OF CROWLEY AMERICAN LEGION HOSPITAL (Parish of Acadia) VICTORY, J., not on panel.2000-CC- 0746 BUCK'S RUN ENTERPRISES, INC. v. MAPP CONSTRUCTION, INC. (Parish of Livingston) MARCUS, J., not on panel.2000-CC- 0747 LINDA LUTRELL v. CONSOLIDATED WATERWORKS DISTRICT NO. 1 OF THE PARISH OF TERREBONNE, LOUISIANA (Parish of Terrebonne) LEMMON, J., not on panel.2000-CC- 0748 ROBERT F. COPELAND, ET AL v. WEST JEFFERSON MEDICAL CENTER, ET AL (Parish of Jefferson) KIMBALL, J., not on panel. CALOGERO, C.J., would grant the writ. JOHNSON, J., would grant the writ.2000-CC- 0758 WAYNE VINNETTE, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS OF THOSE SIMILARLY SITUATED v. ST. CHARLES PARISH DEPARTMENT OF WATER WORKS, DISTRICT NUMBER 1 AND XYZ INSURANCE COMPANY (Parish of St. Charles) VICTORY, J., not on panel. TRAYLOR, J., would grant the writ.2000-CC- 0765 THOMAS MONTGOMERY, ET AL v. LOUISIANA NATIONAL BANK (Parish of Pointe Coupee) KIMBALL, J., not on panel.2000-C - 0775 CATHY WHEELESS v. ALLSTATE INSURANCE COMPANY, ET AL (Parish of Lafayette) MARCUS, J., not on panel.2000-C - 0778 INI OKON EKERE v. DUPONT CHEMICAL PLANT (Office Of Workers' Compensation District 9) LEMMON, J., not on panel. JOHNSON, J., would grant the writ.2000-CC- 0779 WILLIAM RUSH v. SAFEWAY INSURANCE COMPANY, ET AL. (Parish of Natchitoches) KIMBALL, J., not on panel.2000-C - 0780 MANDY L. MCNEELY AND PATSY BREWER v. FORD MOTOR COMPANY, INC., BAYSHORE MOTORS FORD, INC. TOWN AND COUNTRY FORD, INC., DAN QUIRK FORD, INC., PETE AVINGTON FORD, AND ABC, DEF, GHI, JKL, XYZ INSURANCE COMPANIES (Parish of St. Tammany) VICTORY, J., not on panel.2000-C - 0782 SUDHIR TRIVEDI v. COREY D. SMITH AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Parish of E. Baton Rouge) TRAYLOR, J., not on panel.2000-C - 0788 JOHN E. JACKSON, ETAL v. UNGAR &amp; WHEELAHAN, A PROFESSIONAL LAW CORPORATION, ET AL (Parish of Jefferson) VICTORY, J., not on panel.2000-C - 0789 JENNIFER RENDINE SMITH, WIDOW OF BRAD SMITH, INDIVIDUALLY, AND ON BEHALF OF HER MINOR SON, KOLBY REED SMITH v. CONTINENTAL CASUALTY COMPANY, TYCER READY MIX, INC., CALVIN D. WEBB, AND STATE OF LOUISIANA, AND THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of Tangipahoa) TRAYLOR, J., not on panel.2000-C - 0799 ROBERT LEE HARMON, JR. v. R.M.K., INC.(Parish of Lafayette) TRAYLOR, J., not on panel.2000-KH- 0897 STATE EX REL ROOSEVELT DANIELS v. STATE OF LOUISIANA (Parish of Orleans) KNOLL, J., not on panel.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinion handed down on the 12th day of June, 2024 is as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2024/23-1194.CC.OPN.reh.pdf">2023-CC-01194&nbsp;DOUGLAS BIENVENU, ET AL. VS. DEFENDANT 1 AND DEFENDANT 2 #87184 C/W JOHN DOE, ET AL. VS. DEFENDANT 1 AND DEFENDANT 2 #87515</a>&nbsp;(Parish of St. Martin) ORIGINAL DECREE VACATED; DISTRICT COURT JUDGMENT AFFIRMED; REMANDED.Hughes, J., dissents for the reasons previously given and the reasons of Genovese, J. Crichton, J., additionally concurs and assigns reasons. Genovese, J., dissents and assigns reasons. Griffin, J., concurs in the result and assigns reasons. &nbsp;&nbsp;</div></div>
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<table border="1" style="width:90%;border-width:0px;"><tbody><tr><td style="vertical-align:top;text-align:left;border-width:0px;">FOR IMMEDIATE NEWS RELEASE</td><td style="vertical-align:top;text-align:left;border-width:0px;">NEWS RELEASE #028</td></tr><tr><td style="vertical-align:top;text-align:left;border-width:0px;">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td style="vertical-align:top;text-align:left;border-width:0px;">&nbsp;</td></tr></tbody></table>&nbsp;The Opinions handed down on the 12th day of May, 2017, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2017/15K1845cw15K1846.opn.pdf">2015-K-1845 C/W 2015-K-1846 STATE OF LOUISIANA v. CHAKA STEWART</a> (Parish of Orleans) Because we agree that the motions to quash were granted in error, we remand to the trial court for further proceedings consistent with this opinion. AFFIRMED AND REMANDED.JOHNSON, C.J., dissents. HUGHES, J., dissents with reasons. GENOVESE, J., dissents for the reasons assigned by Justice Hughes.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;13th day of May, 2016, is as follows:&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/15C1676.opn.pdf">2015-C -1676	YESTERDAYS OF LAKE CHARLES, INC. v. CALCASIEU PARISH SALES AND USE TAX DEPARTMENT C/W COWBOY'S NIGHTLIFE, INC. v. CALCASIEU PARISH SALES AND USE TAX DEPARTMENT</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, we reverse in part the court of appeal's decision affirming the trial court's judgment, affirm that decision in part, and remand to the trial court. More specifically, we reverse the trial court's judgment ordering a refund of the taxes and interest paid under protest by the clubs. We further reverse the trial court's award of attorney fees. In all other respects, the judgment of the trial court is affirmed. The matter is remanded to the trial court to calculate the amount of taxes, interest, and penalties due the Collector and to render judgment consistent with this opinion.&nbsp; REVERSED IN PART, AFFIRMED IN PART, AND REMANDED.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td 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&nbsp;10th day of May, 2011, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10CQ1823.opn.pdf">2010-CQ-1823	IN RE: KATRINA CANAL BREACHES LITIGATION</a>&nbsp;(United States Court of Appeals for the Fifth Circuit)We answer the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this Court upon the question certified shall be sent by the Clerk of this Court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2011/10C0387.opn.pdf">2010-C -0387 C/W 2010-C -0488 JONATHON JOHNSON AND BELINDA JOHNSON, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR SON, GARRETT JOHNSON v. MOREHOUSE GENERAL HOSPITAL, ET AL.</a>&nbsp;(Parish of Morehouse) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball; Retired Judge Moon Landrieu, assigned as Justice ad hoc, sitting for Justice Marcus Clark, recused.For the reasons stated herein, the judgment of the court of appeal is affirmed in part and reversed in part, and judgment is hereby entered assessing Morehouse General Hospital with 50% of the fault. AFFIRMED IN PART; REVERSED IN PART; RENDERED.JOHNSON, J., dissents for reasons assigned by Guidry, J. KNOLL, J., dissents in part and concurs in part and assigns reasons. GUIDRY, J., dissents, and assigns reasons. CIACCIO, J., concurs.&nbsp;<a href="/opinions/2011/10CJ2312.opn.pdf">2010-CJ-2312	ROBERT MALCOLM GATHEN v. VANESSA K. GATHEN</a>&nbsp;(Parish of Lafourche)For the reasons state herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents with reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/88KA0017.opn.pdf">1988-KA-0017	STATE OF LOUISIANA v. THOMAS SPARKS, JR. A/K/A ABDULLAH HAKIM EL-MUMIT</a>&nbsp;(First Degree Murder) (Parish of Livingston)For the reasons assigned herein, the defendant&rsquo;s conviction is affirmed. However, the sentence of death is conditionally affirmed. A final determination of the appeal is pretermitted. The case is remanded to the trial court for an expeditious evidentiary hearing on defendant&rsquo;s claim that he received ineffective assistance of counsel relating to the penalty phase of his capital trial, in order to decide whether defendant received effective assistance of counsel at the penalty phase of the trial. If the trial court concludes that a new penalty hearing is required, the trial court should order one expeditiously. If the trial court determines the claim is without merit, the defendant may again appeal to this Court for review of that decision.&nbsp; FIRST-DEGREE MURDER CONVICTION AFFIRMED; DEATH SENTENCE CONDITIONALLY AFFIRMED; REMANDED TO THE DISTRICT COURT FOR EXPEDITIOUS EVIDENTIARY HEARING.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/10C2011.opn.pdf">2010-C -2011	MITCHELL S. GLASGOW, ET AL. v. PAR MINERALS CORPORATION, ET AL.</a>&nbsp;(Parish of Allen)Accordingly, we reverse the decisions of both lower courts and remand this matter to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.VICTORY, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Justice Victory.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2011/10C2264.opn.pdf">2010-C -2264	STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF FACILITY PLANNING &amp; CONTROL v. IFINITY SURETY AGENCY, L.L.C., BENETECH, L.L.C., AND JRDKS CONSTRUCTION, L.L.C., A JOINT VENTURE, AND BENETECH, L.L.C.; AND JRDKS CONTRUCTION, L.L.C.</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the rulings of the lower courts are reversed, and the defendants&rsquo; exceptions of no cause of action are overruled. REVERSED AND REMANDED.KNOLL, J., dissents with written reasons.&nbsp;<a href="/opinions/2011/11O0121.opn.pdf">2011-O -0121	IN RE: JUSTICE OF THE PEACE ROGER ADAMS WARD 7, 12TH DISTRICT PARISH OF AVOYELLES STATE OF LOUISIANA</a>Retired Judge Robert Klees sitting ad hoc, for Justice Jeanette T. Knoll, recused.Accordingly, it is ordered that Justice of the Peace Adams be suspended without pay for one year, followed by a two-year period of probation. It is further ordered that Justice of the Peace Adams attend the Attorney General&rsquo;s justice of the peace training every year until his term of probation is completed, and reimburse and pay to the Commission the sum of $532.58 in hard costs.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2011/10C2327.opn.pdf">2010-C -2327	LOUTRE LAND AND TIMBER COMPANY v. WILTON A. ROBERTS, EDWARD ROBERTS, MARK A. ROBERTS AND TONI L. ROBERTS DASCHKE</a>&nbsp;(Parish of Franklin)For the foregoing reasons, we reverse the ruling of the court of appeal and remand the matter to the court of appeal to rule on the assignments of error asserted by Loutre, which were necessarily pretermitted by the court of appeal&rsquo;s ruling. REVERSED AND REMANDED.WEIMER, J., concurs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2011/10B2759.opn.pdf">2010-B -2759	IN RE: CARL V. WILLIAMS</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 Carl V. Williams, Louisiana Bar Roll number 18507, be and he hereby is suspended from the practice of law for one year. All but four months of the suspension shall be deferred, subject to respondent&rsquo;s successful completion of a two-year period of supervised probation governed by the conditions enumerated by the hearing committee. In addition, respondent is ordered as a condition of probation to submit the fee dispute with Jacqueline Bonnee to the Louisiana State Bar Association&rsquo;s Fee Dispute Resolution Program. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;18th day of March, 2004, is as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/04cc0211.opn.pdf">2004-CC-0211 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C/W 2004-CC-0212 BROADMOOR, L.L.C. v. ERNEST N. MORIAL NEW ORLEANS EXHIBITION HALL AUTHORITY&nbsp;</a>(Parish of Orleans) For the foregoing reasons, we affirm the court of appeal's conclusion that the Authority impermissively waived the requirements regarding builders' risk insurance, attendance at pre-bid conferences, and submission of a resolution concerning the joint venture, and it abused its discretion when it selected Yates/Landis' bid as the lowest responsive bid. Accordingly, the decision to grant the preliminary injunction is affirmed, and the Authority is ordered to reject the Yates/Landis bid as non-responsive.Any application for rehearing shall be filed by the end of business on Wednesday, March 24, 2004. AFFIRMED.CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., dissents for the reasons assigned by Justices Knoll and Weimer. KNOLL, J., dissents and assigns reasons and further dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;21st day of April, 2003, are as follows:&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2003/02cc2005.opn.pdf">2002-CC- 2005 MARCUS PAUL DAUPHINE v. CARENCRO HIGH SCHOOL, ET AL.&nbsp;
 (IN RE: SUPERINTENDENT, DR. JAMES EASTON AND DR. DONALD AGUILLARD)</a>&nbsp;(Parish of Lafayette)&nbsp; For the foregoing reasons, the order of May 23, 2002, holding Dr. James H. Easton and Dr. Donald W. Aguillard in contempt of court is reversed, vacated, and set aside. The fines that Dr.
 James H. Easton and Dr. Donald W. Aguillard paid are ordered reimbursed.&nbsp; REVERSED, VACATED, AND SET ASIDE.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/02b2680.pc.pdf">2002-B- 2680 IN RE: EDDIE G. CRAWFORD&nbsp;</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that the name of Eddie G. Crawford be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect;24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent is ordered to make full restitution to his victims. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interst to commence thirty days from the date of finality of this court's judgment until paid. &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;3rd day of April, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.:&nbsp; <a href="/opinions/2002/95ka1489.opn.pdf">1995-KA- 1489 STATE OF LOUISIANA v. RICKY JOSEPH LANGLEY&nbsp;</a>(Parish of Calcasieu) (First Degree Murder) For the reasons set forth above, we affirm the district court's ruling which granted the defendant's motion to quash the indictment, effectively upsetting the defendant's conviction and ordering further proceedings. AFFIRMED.&nbsp; Retired Justice Walter F. Marcus, assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused.<a href="/opinions/2002/95ka1489.bjj.pdf">JOHNSON, J., concurs&nbsp;and assigns reasons.</a> TRAYLOR, J., concurs for reasons assigned by Weimer. KNOLL, J., not on panel; recused. Rule IV, Part 2, Section 3. <a href="/opinions/2002/95ka1489.jlw.pdf">WEIMER, J., concurs&nbsp;and assigns reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01c0876.opn.pdf">2001-C- 0876 LAJUANA B. PETRE v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT&nbsp;C/W VINCENT PETRE v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of Avoyelles) For the foregoing reasons, we affirm the judgments of the trial court and the court of appeal.&nbsp; Melvin A. Shortess, assigned as Associate Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused. Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp; <a href="/opinions/2002/01c0876.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/01c0876.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a> LOBRANO, J., dissents for reasons assigned by Traylor, J. <a href="/opinions/2002/01c0876.mas.pdf">SHORTESS, J.,&nbsp;ad hoc, assigns additional concurring reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01c2200.opn.pdf">2001-C- 2200 ROBERT DEAN HOOVER v. ANNE MARIE OLIVIER HOOVER&nbsp;</a>(Parish of E. Baton Rouge) In conclusion, we find that the lower courts erred in finding that the partition agreement between Anne and Robert Hoover was a transaction or compromise. While the agreement may have had some aspects and qualities of a compromise, it was nonetheless, an extrajudicial partition for which lesion is a remedy under Louisiana Civil Code article 814. Furthermore, Anne's claim for lesion was improperly dismissed on a motion for summary judgment as Robert Hoover's motion did not request disposition of that particular issue. Because the trial court was without authority to dismiss Anne's alternative claim for lesion, it remains a viable remedy at this stage of the proceedings and we remand the matter to the trial court for further proceedings. REVERSED AND REMANDED.&nbsp; Retired Justice Walter F. Marcus assigned as associate justice, ad hoc, sitting for Associate Justice John L. Weimer.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/01c2056.opn.pdf">2001-C- 2056 LOUWANNA COLEMAN JAMES v. FORMOSA PLASTICS CORPORATION OF LOUISIANA&nbsp;</a>(Parish of E. Baton Rouge) The parties failed to take the appropriate steps in the prosecution and defense this action in the trial court for more than three years prior to the filing of Formosa's motion to dismiss on June 1, 1999. Formosa's motion to dismiss on grounds of abandonment was therefore properly granted by the trial court on September 10, 1999. The court of appeal's judgment to the contrary is hereby reversed. REVERSED.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2002/01c1530.opn.pdf">2001-C- 1530 RICHARD A. BERLIER v. A.P. GREEN INDUSTRIES, INC., ET AL.&nbsp;</a>(Parish of St. Bernard) For the reasons stated above, we find that there existed a joint and indivisible obligation which binds each of the defendants for the full $450,000.00.&nbsp; Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2002/01c1530.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J. LOBRANO, J., concurs in the result.&nbsp; &nbsp;<a href="/opinions/2002/01ca1725.opn.pdf">2001-CA- 1725 ENTERGY LOUISIANA, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION, ET AL.&nbsp;</a>(Parish of E. Baton Rouge) For the reasons set forth above, we hold that the LPSC is not precluded from assessing the prudence of ELI's decision to continue to include the ERS units in its calculations for MSS-1 payments. We further hold that the LPSC's determination that ELI acted imprudently is supported by the record and is not arbitrary or capricious. AFFIRMED.&nbsp; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2002/01ca1725.cdk.pdf">KIMBALL, J., dissents</a>. TRAYLOR, J., dissents. LOBRANO, J., dissents.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:&nbsp; <a href="/opinions/2002/01c1779.opn.pdf">2001-C- 1779 C/W 2001-C-1780 LEONARD W. WALLMUTH, ET AL. v. RAPIDES PARISH SCHOOL BOARD, ET AL.</a> (Parish of Rapides) For the reasons stated herein, the judgments of the lower courts are reversed and judgment is rendered in favor of the School Board, dismissing plaintiffs' claims against it. REVERSED AND RENDERED.&nbsp; JOHNSON, J., concurs. <a href="/opinions/2002/01c1779.jlw.pdf">WEIMER, J., dissents&nbsp;with reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01c2466.opn.pdf">2001-C- 2466 JOHNNY M. EVANS, SR. v. DERIDDER MUNICIPAL FIRE &amp; POLICE CIVIL SERVICE BOARD</a> (Parish of Beauregard) For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp; <a href="/opinions/2002/01c2466.pfc.pdf">CALOGERO, C.J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/01c2466.jtk.pdf">KNOLL, J., concurs&nbsp;and assigns reasons.</a> <a href="/opinions/2002/01c2466.jlw.pdf">WEIMER, J., concurs&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.:&nbsp; <a href="/opinions/2002/00ka3344.opn.pdf">2000-KA- 3344 STATE OF LOUISIANA v. DAVID HENRY BOWIE&nbsp;</a>(Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. &sect;15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp; <a href="/opinions/2002/00ka3344.jlw.pdf">WEIMER, J., concurs&nbsp;and assigns reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01ca3013.opn.pdf">2001-CA- 3013 WAL-MART STORES, INC. v. PARTHENA KEEL&nbsp;</a>(Parish of East Carroll) For the reasons assigned, we affirm the judgment of the district court declaring La. Rev. Stat. 23:1225(C)(1)(b), which reduces benefits when an employee begins to receive old age insurance benefits under Title II of the Social Security Act, unconstitutional. The case is remanded to the Office of Workers' Compensation for further proceedings consistent with this opinion. Costs are assessed against defendants. AFFIRMED.&nbsp; VICTORY, J., concurs in the result.&nbsp; &nbsp;&nbsp;BY WEIMER, J.:&nbsp; <a href="/opinions/2002/00ko1629.opn.pdf">2000-KO- 1629 STATE OF LOUISIANA v. STEVE M. MARCANTEL&nbsp;</a>(Parish of Evangeline) (One Count of Theft; Seven Counts of Possession of a Firearm by a Convicted Felon) Therefore, we will not disturb the decree of the court of appeal. DECREE AFFIRMED.&nbsp; <a href="/opinions/2002/00ko1629.pfc.pdf">CALOGERO, C.J., dissents&nbsp;and assigns reasons.</a>&nbsp; &nbsp;<a href="/opinions/2002/01c2162.opn.pdf">2001-C- 2162 CLECO EVANGELINE, LLC v. LOUISIANA TAX COMMISSION&nbsp;</a>(Parish of E. Baton Rouge) Thus, we hold that ambiguity, if any, in the provisions of LSA-R.S. 47:1851(E) defining "electric power company" is interpreted so as not to extend the definition to the Evangeline plant. AFFIRMED.&nbsp; &nbsp;<a href="/opinions/2002/01c2217.opn.pdf">2001-C- 2217 JAMES JOSEPH PINSONNEAULT, ET AL v. MERCHANTS &amp; FARMERS BANK &amp; TRUST COMPANY, ET AL</a> (Parish of Vernon) We find that the Court of Appeal erred in ignoring the manifest error standard of review and substituting its own conclusions for those of the trial court. Therefore, we reverse the Court of Appeal's judgment in favor of plaintiffs. REVERSED.&nbsp; JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #028</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of April, 2000 are as follows:&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/99c2610.opn.pdf">1999-C- 2610 JULES ETIENNE, SR. v. NATIONAL AUTOMOBILE INS. CO. &amp; CARRIE SEBASTIEN</a> (Parish of Lafayette) Accordingly, we find the result reached by the Third Circuit Court of Appeal is correct. Plaintiff's actions against American Indemnity Company and Morrow, Morrow, Ryan and Bassett are dismissed. AFFIRMED.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99c2610.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons</a>. JOHNSON, J., dissents. <a href="/opinions/2000/99c2610.jtk.pdf">KNOLL, J., dissents and assigns reasons</a>.&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99kk2598.pc.pdf">1999-KK- 2598 STATE OF LOUISIANA v. JOSEPH STERLING</a> (Parish of Orleans) (Possession of Cocaine) The district court therefore erred in granting respondent's motion to suppress. The judgment is vacated and this case is remanded to the district court for further proceedings not inconsistent with the views expressed herein.LEMMON, J., not on panel. See La. S.Ct. Rule IV, Part II, &sect;3. <a href="/opinions/2000/99kk2598.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<div style="max-width:90%;"><img alt="Associate Justice Greg G. Guidry resigned from the Louisiana Supreme Court, effective June 22, 2019, so that he could assume his appointment by the President of the United States as a Federal Judge in the Eastern District of Louisiana . Prior to his resignation he cast his votes on opinions, writ applications and rehearing applications considered at conference on Thursday, June 20, 2019. Those decisions are dated and are being released Wednesday, June 26, 2019." class="img-responsive" src="/news_releases/2019/Guidry_Votes_Prior_to_Retirement.jpg" style="max-width:1000px;max-width:100%;text-align:center;align:center;border:solid;border-width:thin;object-fit:contain;" /><a href="/news_releases/2019/Guidry_Votes_Prior_to_Retirement.pdf" target="_blank">Download Letter (pdf)</a></div>&nbsp;<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 #027</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 26th day of June, 2019, are as follows:&nbsp;BY CLARK, J.:<a href="../../opinions/2019/17-2084.K.OPN.pdf">2017-K-2084&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. DAVID LEGER</a> (Parish of E. Baton Rouge) We granted certiorari in this case to review a judgment of the First Circuit Court of Appeal that modified defendant David Leger&rsquo;s five vehicular homicide convictions to negligent homicide, vacated his sentences and remanded for resentencing.&nbsp; Specifically, we consider whether the state presented sufficient evidence that defendant&rsquo;s intoxication was a contributing factor to the fatal accident, as provided in La. R.S. 14:32.1.&nbsp; After reviewing the applicable law and the evidence, we find the state proved by sufficient evidence that defendant&rsquo;s intoxication was a contributing factor to the fatal accident, and, thus, vacate the court of appeal judgment, reinstate the trial court judgment, and remand for the court of appeal to consider the pretermitted assignments of error. VACATE COURT OF APPEAL JUDGMENT; REINSTATE TRIAL COURT JUDGMENT; AND REMAND.HUGHES, J., dissents with reasons.&nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2019/12-0508.KA.OPN.pdf">2012-KA-0508&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA&nbsp; v. JEFFREY CLARK</a> (Parish of West Feliciana) The United States Supreme Court granted certiorari to remand for further consideration in light of McCoy v. Louisiana, 584 U.S. &mdash;, 138 S.Ct. 1500, &mdash; L.Ed.2d &mdash; (2018). With the benefit of additional briefing and oral argument, and after further consideration, we again affirm appellant&rsquo;s conviction and sentence. AFFIRMED.Retired Judge Hillary Crain appointed Justice ad hoc, sitting for Justice Crichton, recused. &nbsp;<a href="../../opinions/2019/17-0649.KP.OPN.pdf">2017-KP-0649&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA&nbsp; v. DARRELL TOUBYA THOMAS</a> (Parish of Caddo) Accordingly, we find the district court erred in failing to correctly apply the deferential Strickland standard. Therefore, we vacate the district court&rsquo;s ruling that granted defendant a new trial, and we reinstate the conviction and sentence. VACATED.&nbsp;<a href="../../opinions/2019/18-0006.K.OPN.pdf">2018-K-0006&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. BRIAN MICHAEL HUGHES</a> (Parish of Grant) The state established the chain of custody at trial and the jury could reasonably conclude that the substance seized from the defendant was the substance tested by the crime lab and introduced as evidence at trial, the discrepancy in the weights notwithstanding. Accordingly, we reverse the court of appeal&rsquo;s decision, which found merit in defendant&rsquo;s sole assignment of error and vacated the conviction. Because we find the court of appeal erred in its analysis of defendant&rsquo;s sole contention on appeal, we reinstate the conviction and sentence, which are hereby affirmed. REVERSED.&nbsp;<a href="../../opinions/2019/18-1105.C.OPN.pdf">2018-C-1105&nbsp;&nbsp;&nbsp;C/W&nbsp;&nbsp;&nbsp;2018-C-1115&nbsp;&nbsp;&nbsp;&nbsp;STANLEY R. PALOWSKY, III, INDIVIDUALLY, AND ON BEHALF OF ALTERNATIVE ENVIRONMENTAL SOLUTIONS, INC. v. ALLYSON CAMPBELL, ET AL.</a> (Parish of Ouachita) For the reasons assigned, the judgment of the court of appeal is reversed insofar as it dismisses plaintiff&rsquo;s claims against the defendant judges with prejudice. The exception of no cause of action filed by these defendants is hereby denied. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court for further proceedings. REVERSED IN PART AND REMANDED.Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Justice Clark, recused.JOHNSON, C.J., concurs in part and dissents in part and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons. CRICHTON, J., dissents and assigns reasons. KIRBY, J., concurs and assigns reasons.&nbsp;<a href="../../opinions/2019/18-1518.KK.OPN.pdf">2018-KK-1518&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. KELLY FOLSE</a> (Parish of Jefferson) On this record, we cannot say whether defendant merely acquiesced to a claim of lawful authority, see Bumper v. North Carolina, 391 U.S. 543, 548&ndash;550, 88 S.Ct. 1788, 1792, 20 L.Ed.2d 797 (1968), or validly consented to provide her passcode in exchange for the phone. We are also unable from this record to determine whether the officer acted reasonably in good faith, as urged by the State, or the police conduct was coercive and indicative of bad faith, as the court of appeal found. Therefore, rather than rule on the merits of such significant questions on a deficient record, we reverse the court of appeal, and we remand to the district court to conduct further evidentiary proceedings, after which the district court is directed to reconsider whether the evidence ought to be suppressed. REVERSED AND REMANDED.WEIMER, J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by Justice Weimer.&nbsp;<a href="../../opinions/2019/18-1646.B.OPN.pdf">2018-B-1646&nbsp;&nbsp;&nbsp;&nbsp;IN RE: PATRICK A. GIRAUD</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 Patrick A. Giraud, Louisiana Bar Roll number 29877, be and he hereby is suspended from the practice of law for a period of one year and one day.&nbsp; It is further ordered that all but six months of the suspension shall be deferred.&nbsp; Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of two years.&nbsp; The probationary period shall be governed by the conditions set forth in this opinion and shall commence when respondent and the ODC execute a formal probation plan.&nbsp; Any failure of respondent to comply with these conditions, or any misconduct during the probationary period, may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.&nbsp; 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. CLARK, J., dissents in part and concurs in part for the reasons assigned by Justice Crichton. HUGHES, J., concurs with reasons. CRICHTON, J., dissents in part, concurs in part and assigns reasons.&nbsp;<a href="../../opinions/2019/18-1746.C.OPN.pdf">2018-C-1746&nbsp;&nbsp;&nbsp;&nbsp;SHERRY BOOTHE AND BARRY BOOTHE, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, AMBER AND AMANDA BOOTHE v. STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND PARISH OF EAST BATON ROUGE</a> (Parish of E. Baton Rouge) In this matter, we are called upon to decide whether the district court erred in granting judgment notwithstanding the verdict in favor of the plaintiff and in awarding damages. For the reasons that follow, we affirm the granting of the judgment notwithstanding the verdict, but amend the judgment with respect to damages. AFFIRMED AS AMENDED.HUGHES, J., dissents in part with reasons. CRICHTON, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2019/18-2042.C.OPN.pdf">2018-C-2042&nbsp;&nbsp;&nbsp;&nbsp;KEVIN E. BIAS v. LOUISIANA PHYSICAL THERAPY BOARD</a> (Parish of Lafayette) In this case, we are called upon to decide whether a regulatory board has authority to conduct disciplinary proceedings when there is a vacancy in its statutorily-mandated composition. For the reasons that follow, we find the court of appeal erred in finding the board's actions were invalid because it was not lawfully constituted at the time of its actions in this case. REVERSED AND REMANDED.&nbsp;<a href="../../opinions/2019/19-0030.C.OPN.pdf">2019-C-0030&nbsp;&nbsp;&nbsp;&nbsp;TERRY GOTCH v. SCOOBY'S ASAP TOWING, LLC, ET AL.</a> (Parish of Lafayette) In this case, we are called upon to determine whether the district court erred in denying plaintiff's request for a mistrial based on evidence that the jurors violated their instructions by discussing the case prior to deliberations. For the reasons that follow, we conclude the district court did not abuse its discretion in denying plaintiff's motion for a mistrial. Accordingly, we reverse the judgment of the court of appeal and reinstate the district court's judgment. REVERSED.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents with reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2019/19-0040.C.OPN.pdf">2019-C-0040&nbsp;&nbsp;&nbsp;&nbsp;ELIZABETH SOILEAU v. WAL-MART STORES, INC.</a> In this workers' compensation matter, we are presented with the question of whether an employee's motion to compel her employer to choose a pharmacy other than the pharmacy at its retail stores to fill her prescriptions is premature in the absence of any claim that she has not been furnished proper medical attention or that there have been delays or deficiencies in filling prescriptions. For the reasons that follow, we find the matter is premature and does not present a justiciable controversy. We therefore vacate the judgment of the court of appeal. VACATED.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents with reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2019/18-0950.C.OPN.pdf">2018-C-0950&nbsp;&nbsp;&nbsp;C/W&nbsp;&nbsp;&nbsp;2018-C-0956&nbsp;&nbsp;&nbsp;&nbsp;W&amp;T OFFSHORE, L.L.C. v. TEXAS BRINE CORPORATION AND TEXAS BRINE COMPANY, L.L.C.&nbsp; C/W&nbsp; TEXAS BRINE COMPANY, L.L.C. v. W&amp;T OFFSHORE, L.L.C.</a> (Parish of Lafourche) The judgment of the court of appeal is reversed insofar as it held Texas Brine Corporation and Texas Brine Company, L.L.C. committed a trespass and were liable for damages.&nbsp; The judgment of the district court dismissing W&amp;T Offshore, L.L.C.&rsquo;s trespass and damage claims with prejudice is reinstated.&nbsp; In all other respects, the judgment of the court of appeal is affirmed. REVERSED IN PART.JOHNSON, C.J., dissents. WEIMER, J., dissents and assigns reasons. CLARK, J., dissents.&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #027</div></td></tr><tr valign="top"><td 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&nbsp;7th day of May, 2013, are as follows:BY JOHNSON, C.J.: <a href="/opinions/2013/12CJ2709.pdf">2012-CJ-2709	PHILLIP RAY MULKEY v. VICKI JUANITA HARRIS MULKEY</a>&nbsp;(Parish of Franklin)For the above reasons, we find the court of appeal erred in reversing the trial court's modification of custody. Phillip met the burden of Bergeron by proving that any harm caused by a modification of the 2004 custody decree would be substantially outweighed by its advantages to Matthew. Thus, we find no error in the trial court's ruling modifying the 2004 custody decree. REVERSED. RULING OF THE TRIAL COURT REINSTATED.WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/12KP0872.pdf">2012-KP-0872	STATE OF LOUISIANA v. GIOVANNI BROWN</a>&nbsp;(Parish of Jefferson) (Aggravated Kidnapping and Armed Robbery 4 Counts)While Justice Jefferson D. Hughes III was not on the Court at the time this case was argued, he now sits as an elected Justice and is participating in the rendering of this opinion.For the reasons stated herein, the judgment of the trial court is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings in accordance with this opinion.&nbsp; AFFIRMED IN PART; REVERSED IN PART; REMANDED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2013/13CA0120.pdf">2013-CA-0120 C/W 2013-CA-0232 2013-CA-0350 LOUISIANA FEDERATION OF TEACHERS, EAST BATON ROUGE FEDERATION OF TEACHERS, JEFFERSON FEDERATION OF TEACHERS, JILLIAN E. ALEXANDER &amp; BILLIE J. SMITH v. STATE OF LOUISIANA &amp; THE BOARD OF ELEMENTARY AND SECONDARY EDUCATION C/W LOUISIANA ASSOCIATION OF EDUCATORS, ET AL. v. STATE OF LOUISIANA, THE LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION &amp; THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION C/W LOUISIANA SCHOOL BOARDS ASSOCIATION, ET AL. v. STATE OF LOUISIANA, LOUISIANA STATE BOARD OF ELEMENTARY &amp; SECONDARY EDUCATION &amp; LOUISIANA DEPARTMENT OF EDUCATION</a>&nbsp;(Parish of E. Baton Rouge)We hold that by their express terms, SCR 99 and Act 2 unconstitutionally divert MFP funds to nonpublic entities in violation of La. Const. art. VIII, &sect; 13(B), which requires state MFP funds to be allocated equitably to &ldquo;parish and city school systems.&rdquo; We also hold that, although SCR 99 was a new matter intended to have the effect of law, SCR 99 did not satisfy all that the constitution requires of a matter intended to have the effect of law. SCR 99 was not timely introduced or considered in the legislative session and the final vote on SCR 99 was insufficient to enact a matter intended to have the effect of law. Because our holding differs from that of the district court regarding the effect of law intended by SCR 99, we reverse the contrary holding of the district court. Accordingly, we render judgment declaring SCR 99 was void from the outset. On a related topic, we note that because we have found SCR 99 was intended to have the effect of law, SCR 99 was not validly enacted.&nbsp; Finally, once the unconstitutional provisions of Act 2 are analytically severed, we hold that the legislature did not violate the constitution&rsquo;s one-object rule. That portion of the district court&rsquo;s judgment is affirmed. AFFIRMED IN PART; REVERSED IN PART, AND RENDERED.VICTORY, J., concurs. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2013/12C2182.pdf">2012-C -2182 COLLETTE JOSEY COVINGTON AND JADE COVINGTON v. MCNEESE STATE UNIVERSITY AND THE BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM</a>&nbsp;(Parish of Calcasieu) Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the reasons set forth above, we find no abuse of discretion in the district court's fee award. We therefore reverse the ruling of the court of appeal and reinstate the judgment of the district court.&nbsp; REVERSED; DISRICT COURT'S JUDGMENT REINSTATED.JOHNSON, C.J., dissents in part for reasons assigned by Weimer, J.&nbsp; WEIMER, J., dissents in part and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:&nbsp; <a href="/opinions/2013/12KA2243.pdf">2012-KA-2243	STATE OF LOUISIANA v. TIMOTHY BAZILE</a>&nbsp;(Parish of East Baton Rouge) (Motion to Declare Constitutional Amendment Unconstitutional)For the reasons assigned, we find the provisions of La. Const. art. I, Section 17(a), at issue herein, are constitutional under the Sixth and Fourteenth Amendments to the U.S. Constitution, and the state constitution. The district court erred in granting the defendant's motion to have La. Const. art. I, Section 17 (a) declared unconstitutional; the district court's ruling is reversed and vacated. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.HUGHES, J. dissents with reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12K1296.pdf">2012-K -1296	STATE OF LOUISIANA v. JOE BOB CLARK</a>&nbsp;(Parish of Jefferson) (Sex Offender Failing to Appear for Registration)The judgments below are therefore reversed, and this case is remanded for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2013/12C2369.pdf">2012-C -2369	JAMES KEYS v. REPUBLIC SERVICES- AL OF SCOTT</a>Accordingly, we recall our order of January 18, 2013 as improvidently granted, and we deny defendant's writ application.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #027</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;9th day of April, 2010, is as follows:&nbsp;<a href="/opinions/2010/09C1170.opn.pdf">2009-C -1170 C/W 2009-C -1180 C/W 2009-C -1194	CIMAREX ENERGY CO., ET AL. v. KATHERINE D. MAUBOULES, ET AL.</a>&nbsp;(Parish of Vermilion)Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.For these reasons we find that the court of appeal erred in affirming the trial court's award of statutory damages to Orange River. We hereby reverse the decision of the court of appeal. REVERSED.KNOLL, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #027</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;13th day of May, 2009, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/07OB0485.OPN.pdf">2007-OB-0485 IN RE: MARK E. CARTER</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor.Accordingly, it is ordered that the application for admission be and hereby is granted.&nbsp; ADMISSION GRANTED.WEIMER, J., would conditionally admit the petitioner to the practice of law.&nbsp; GUIDRY, J., would also conditionally admit petitioner.&nbsp;The Opinions handed down on the&nbsp;15th day of May, 2009, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/08B2290.OPN.pdf">2008-B -2290 IN RE: RAECHELLE M. VIX</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 Raechelle M. Vix, Louisiana Bar Roll number 18742, be and she hereby is suspended from the practice of law for a period of two years. All but three months of this suspension shall be deferred, subject to respondent's successful completion of a two-year period of supervised probation governed by the conditions set forth in this opinion. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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 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's judgment until paid.TRAYLOR, J., concurs in the finding but dissents from penalty.&nbsp;<a href="/opinions/2009/08B2351.OPN.pdf">2008-B -2351 IN RE: PETER M. MEISNER</a>Upon review of the findings and recommendations of the hearing committees and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Peter M. Meisner, Louisiana Bar Roll number 9410, be and he hereby is suspended from the practice of law for three years. It is further ordered that two years of the suspension shall be deferred. Following completion of the active portion of his suspension, respondent shall be placed on supervised probation for two years, subject to the condition that any misconduct during this period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. The probationary period shall commence from the date respondent, the ODC, and the probation monitor execute a formal probation plan. 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's judgment until paid.VICTORY, J., dissents and would impose a longer period of suspension. TRAYLOR, J., concurs in findings but dissents from penalty.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #027</div></td></tr><tr valign="top"><td 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&nbsp;17th day of May, 2006, are as follows: &nbsp;BY KIMBALL, J.: <a href="/opinions/2006/05CC0886.opn.pdf">2005-CC-0886 MILDRED FAY JONES SANDERS BONIN, ET AL. v. WESTPORT INSURANCE&nbsp;</a>CORPORATION, ET AL. (Parish of St. Mary) For all the above reasons, we find that plaintiffs are excluded from asserting a claim against Westport under the terms of the policy. Therefore, the district court's denial of summary judgment is reversed and summary judgment is hereby granted in favor of defendant. REVERSED. JOHNSON, J., concurs. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/05OB1006.opn.pdf">2005-OB-1006 IN RE: MARK W. ROGERS</a> (Committee on Bar Admissions) After reviewing the evidence and considering the law, we concludepetitioner is eligible to be conditionally admitted to the practice oflaw in Louisiana, subject to a probationary period of five years. Theprobationary period may be extended upon recommendation of the Executive Director of the Lawyers Assistance Program. During the probationary period, petitioner shall comply with all of the terms and conditions of the contract executed by him with the Lawyers Assistance Program, and such other conditions as may be imposed upon him by the Executive Director of the Lawyers Assistance Program. Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED. JOHNSON, J., concurs. VICTORY, J., dissents. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2006/05OB1116.opn.pdf">2005-OB-1116 IN RE: J. ERIC KIRKLAND</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied. &nbsp;<a href="/opinions/2006/05B1553.opn.pdf">2005-B -1553 IN RE: GEORGE E. DOWNING</a> (Disciplinary Proceedings) 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 George E. Downing, Louisiana Bar Roll number 18589, be suspended from the practice of law for a period of three months. It is further ordered that the suspension shall bedeferred in its entirety and respondent shall be placed on unsupervisedprobation for three months, subject to the condition that any misconduct during this period may be grounds for making the deferred 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's judgment until paid. JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs in part and dissents in part with reasons. WEIMER, J., concurs with reasons. <a href="/opinions/2006/06B0005.opn.pdf"></a><a href="/opinions/2006/06B0005.opn.pdf">2006-B -0005 IN RE: PRESSLEY C. CALAHAN</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearingcommittees and disciplinary board, and considering the record, briefs,and oral argument, it is ordered that Pressley Charles Calahan, Louisiana Bar Roll number 20057, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs andexpenses 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.&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #027</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;12th day of April, 2005, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2005/04c1459.opn.pdf">2004-C- 1459 C/W 2004-C- 1460&nbsp;&nbsp;C/W&nbsp;2004-C- 1466 DARRELL SUIRE v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT,ET AL.&nbsp;</a> (Parish of Lafayette) Having addressed all the parties' assignments of error, our disposition of this case is as follows: We reverse the court of appeal's grant of summary judgment to the plaintiff on the absolute liability claim involving the installation of metal sheeting. We reinstate the trial court's grant of summary judgment for the City and Boh Brothers on this claim. We reverse the court of appeal's judgment that, under the contractual indemnity provision, Boh Brothers owed a duty to defend the City and Dubroc against the absolute liability claim. We hold that Boh Brothers' obligation to indemnify or defend any party under the provisions of the indemnity agreement may not be determined until the conclusion of the lawsuit. We reverse the court of appeal's judgment that National Union owed a duty to defend and/or indemnify Dubroc against the absolute liability claim. We affirm the court of appeal's judgment that National Union owed a duty to defend the City as an additional insured against the absolute liability claim. We remand this claim to the trial court for a determination of the actual cost of defense on the absolute liability claim alone. Having disposed of the absolute liability claim by summary judgment, we find that the City's indemnity claim against National Union is moot. We affirm the court of appeal's grant of summary judgment dismissing all of the plaintiff's claims against Dubroc. We reverse the court of appeal's judgment overturning the trial court's pro-City grant of summary judgment on the plaintiff's breach of contract claim and reinstate the trial court's grant of summary judgment for the City on this claim. We affirm the court of appeal's reversal of summary judgment on the plaintiff's detrimental reliance and expropriation claims. We remand this case to the trial court for proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. <a href="/opinions/2005/04c1544.opn.pdf">2004-C- 1544 &nbsp;ALL STAR ADVERTISING AGENCY, INC. D/B/A ALL STAR AUTOMOTIVE GROUP v. RELIANCE INSURANCE COMPANY, IN LIQUIDATION</a> (Parish of E. Baton Rouge) Accordingly, the court of appeal's judgment is reversed, and the matter is remanded to the court of appeal for consideration of the plaintiff's unaddressed contention that the Pennsylvania Commonwealth Court in the order of liquidation did not assert exclusive jurisdiction over a lawsuit such as the plaintiff brings here, that is, one for injunctive relief in which is sought the production of documents supporting the defendant's demand for premiums due and an injunction preventing the defendant from drawing down on a letter of credit. REVERSED AND REMANDED TO THE COURT OF APPEAL&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2005/04c2482.opn.pdf">2004-C- 2482 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DR. JUDITH FISHBEIN, M.D. v. STATE OF LOUISIANA&nbsp;THROUGH LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER AND TEACHERS' RETIREMENT SYSTEM OF LOUISIANA</a> (Parish of E. Baton Rouge) For the reasons assigned, we conclude that plaintiff's claim is one for the recovery of compensation for services rendered and, as such, is subject to the three-year prescriptive period provided in La. C.C.art. 3494. Thus, when plaintiff filed suit on August 7, 2000, any claims she had for recovery of compensation for services rendered prior to August 7, 1997, were prescribed; however, her suit was timely filed with respect to those claims for recovery of compensation for services rendered that accrued between August 7, 1997, and July 1, 1998. As to those claims that have not prescribed, we find that plaintiff's supplemental salary was included in the definition of earnable compensation. Plaintiff's request for injunctive relief is remanded to the district court for further proceedings and with instructions. The judgment of the court of appeal is therefore affirmed in part and reversed in part. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.VICTORY, J., concurs with reasons.&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2005/03ka0897.opn.pdf">2003-KA- 0897 STATE OF LOUISIANA v. GREGORY C. BROWN&nbsp;</a>(Parish of E. Baton Rouge) For the reasons assigned, the defendant's convictions and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution as provided by La.R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate&nbsp;expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2005/04cc2124.opn.pdf">2004-CC-2124 RON JOHNSON v. MARRERO-ESTELLE VOLUNTEER FIRE COMPANY NO. 1&nbsp;</a>(Parish of Jefferson) For the reasons expressed herein, the judgment of the court of appeal is affirmed. AFFIRMED.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2005/04c1833.opn.pdf">2004-C -1833&nbsp;SABINE PARISH POLICE JURY v. COMMISSIONER OF ALCOHOL &amp; TOBACCO CONTROL&nbsp;C/W SABINE MANUFACTURING, INC. v. SABINE PARISH POLICE JURY &amp; SHERIFF GUFFEY PATTISON</a> (Parish of Sabine) Based on the foregoing, we find that the provisions of La. R.S. 26:583 dictate that a ward, or a portion thereof, must take on the local option sales characteristics of the election district which it comprises after parish restructuring. The judgment of the court of appeal, which affirmed the decision of the trial court in favor of the Commissioner and Sabine Manufacturing, is affirmed. AFFIRMED.VICTORY, J., dissents for the reasons assigned by Justice Weimer. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2005/04c2252.opn.pdf">2004-C- 2252&nbsp;&nbsp;C/W&nbsp;2004-C- 2257 DONALD E. O'BRIEN AND CAROL O'BRIEN v. DR. AKBAR RIZVI, DR. ARTHUR &nbsp;&nbsp;CARL PLAUTZ, JR., ST. PAUL FIRE &amp; MARINE INSURANCE COMPANY AND CGH COMPANIES, INC. (Formerly CompHealth, Inc.)</a> (Parish of Rapides) For the above and forgoing reasons, the judgment of the court of appeal is reversed and set aside. The Board's petition for intervention is hereby granted and the judgment of the trial court denying the defendants' exception of prematurity is reinstated. This matter is remanded to the trial court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 31st day of May, 2024 are as follows:&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2024/23-1250.CC.OPN.pdf">2023-CC-01250&nbsp;CARMEN NICHOLAS VS. TERRY L. BONNIE</a>&nbsp;(Parish of East Baton Rouge) COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT REINSTATED; REMANDED. SEE OPINION.&nbsp;&nbsp;</div></div>
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&nbsp;<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%)><tbody><tr valign=" top"=""><tbody><tr style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td valign="top" style="">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> The Opinions handed down on the 1st day of June, 2022 are as follows: <h1>PER CURIAM:</h1></div><a href="/opinions/2022/20-0685.C.OPN.pdf">2020-C-00685 STATE OF LOUISIANA, ET AL. VS. LOUISIANA LAND &amp;&nbsp;EXPLORATION CO., ET AL.</a> (Parish of&nbsp; Vermilion) AFFIRMED. SEE PER CURIAM.Retired Judge Michael Kirby appointed Justice ad hoc sitting for Genovese, J., recused in&nbsp;case number 2020-C-00685 only.Weimer, C.J., dissents in part, concurs in part and assigns reasons. Hughes, J., dissents in part and concurs in part and assigns reasons. Crichton, J., additionally concurs in part and dissents in part and assigns reasons. Crain, J., dissents in part and assigns reasons. McCallum, J., additionally concurs and assigns reasons. Griffin, J., concurs in part, dissents in part and assigns reasons. Kirby, J., dissents in part for the reasons assigned by Crain, J.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td 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&nbsp;3rd day of May, 2017, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2017/16C1663.opn.pdf">2016-C-1663 JAZZ CASINO COMPANY, L.L.C. v. CYNTHIA BRIDGES, SECRETARY, LOUISIANA DEPARTMENT OF REVENUE</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, the decision of the appellate court is reversed, and the judgment of the district court is reinstated to the extent that it compels the Secretary of the Louisiana Department of Revenue to refund the amounts that Jazz overpaid in hotel occupancy taxes to the Louisiana Stadium and Exposition District and the New Orleans Exhibition Hall Authority, together with applicable interest, pursuant to La. R.S. 47:1621(D) and in accordance with this opinion. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, C.J., concurs in result.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16C1395.opn.pdf">2016-C-1395 DANIELLE DEON DICKERSON ACURIO v. DR. MICHAEL THOMAS ACURIO</a>&nbsp;(Parish of Bossier) For the reasons expressed above and in light of the strong public policy that favors the community property regime, we hold that for purposes of La. Civ. Code art. 2331, an act under private signature must be duly acknowledged prior to the marriage to be fully perfected and given legal effect. Thus, we reverse the court of appeal judgment and reinstate the district court judgment. We remand the matter to the district court for proceedings consistent with this opinion. REVERSED AND REMANDED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Weimer, J. and assigns additional reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16C0745.opn.pdf">2016-C-0745 DANIELLE LARSON v. XYZ INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Orleans) Knoll, J., retired, participated in this decision, which was argued prior to her retirement.The ruling of the court of appeal is affirmed. The matter is remanded to the trial court for further proceedings. AFFIRMED AND REMANDED.WEIMER, J., concurs in the result only and assigns reasons. GUIDRY, J., concurs and assigns reasons. CRICHTON, J., concurs for reasons assigned by Justice Guidry.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2017/16CQ1372.opn.pdf">2016-CQ-1372 ERIC BORCIK v. CROSBY TUGS, L.L.C.</a>, (United States Court of Appeals for the Fifth Circuit) We answer the certified question as set forth in this opinion. Pursuant to Louisiana Supreme Court Rule XII, the judgment rendered by this Court upon the question certified shall be sent by the clerk of this Court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;<a href="/opinions/2017/16C1809.opn.pdf">2016-C-1809 NEW ORLEANS BULLDOG SOCIETY v. LOUISIANA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ET AL.</a>&nbsp;(Parish of Orleans) Through the discharge of its duties and responsibilities set forth in the CEA with the City of New Orleans, as well as the receipt of public money as remuneration for such services, we find the LSPCA is functioning as an instrumentality of a municipal corporation, and is therefore subject to the Louisiana Public Records Law, La. R.S. 44:1 et seq. We therefore affirm the court of appeal in that regard. We further find that the reporting requirements contained in the CEA do not satisfy the Public Records Law, as the requirement for access to public records cannot be circumscribed by contract. The LSPCA is required to disclose all documents specifically related to the discharge of its duties and responsibilities outlined in the CEA with the City of New Orleans, and we remand to the district court to determine which documents satisfy that description. AFFIRMED AND REMANDED.HUGHES, J., dissents in part with reasons.&nbsp;&nbsp;BY GENOVESE,J.: <a href="/opinions/2017/16C1534.opn.pdf">2016-C-1534 SUCCESSIONS OF JEANETTE RENA TONEY, WIFE OF/AND RONNIE ROBERT TONEY</a>&nbsp;(Parish of St. Tammany) For the foregoing reasons, the judgment of the lower court is affirmed. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2017/16CC1857.opn.pdf">2016-CC-1857 TODD HUVAL AND CHAD BOYER v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF STATE POLICE, MASTER TROOPER HAL HUTCHINSON, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, LIEUTENANT RHETT TRAHAN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR BUZZY TRAHAN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, LIEUTENANT KEVIN DEVALL, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR BART MORRIS, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR HAMPTON GUILLORY, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, AND LT. COLONEL STANLEY GRIFFIN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, we affirm the decisions of the lower courts overruling defendant&rsquo;s exception of lack of subject matter jurisdiction.&nbsp; AFFIRMED.&nbsp;&nbsp;PER CURIAM(S): <a href="/opinions/2017/15K1120.pc.pdf">2015-K-1120 STATE OF LOUISIANA v. MARTIN G. LEMOINE</a>&nbsp;(Parish of Pointe Coupee)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, jurors rationally found that defendant knowingly gave, transferred, maintained an interest in, and/or otherwise made available things of value which he knew to be for the purpose of committing or furthering the commission of the criminal overbilling scheme. We therefore reverse and vacate the First Circuit's ruling and remand to that court for consideration of the two remaining grounds in defendant's motion for post-judgment verdict of acquittal. REVERSED AND REMANDED.CRICHTON, J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by J. Crichton.&nbsp;<a href="/opinions/2017/15KO1404.pc.pdf">2015-KO-1404 STATE OF LOUISIANA v. GARY D. HOWARD</a>&nbsp;(Parish of Caddo) Other than defendant's unsupported allegations regarding coercion and shows of force, there appears to be nothing showing the court of appeal erred in its determination that Ms. Stewart consented to the search. Therefore, the court below correctly affirmed the conviction. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/16KK1518.pc.pdf">2016-KK-1518 STATE OF LOUISIANA v. GLENN COOK</a>&nbsp;(Parish of Orleans) Accordingly, we grant the state's application and vacate the district court's ruling. VACATED.WEIMER, J., dissents and assigns reasons. CRICHTON, J., additionally concurs, assigning reasons. GENOVESE, J., dissents for the reasons assigned by Justice Weimer.&nbsp;<a href="/opinions/2017/16C1591.PC.pdf">2016-C-1591 FLOYD SAFFORD v. HAMMERMAN &amp; GAINER INTERNATIONAL, INC. AND NEW ORLEANS FIRE DEPARTMENT</a>&nbsp;(Office of Workers' Compensation, District 8) Accordingly, we recall our order of December 16, 2016 as improvidently granted, and we deny the writ application.WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td 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&nbsp;7th day of May, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/13CC1575.opn.pdf">2013-CC-1575	ASHLEY HOFFMAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. TRAVELERS INDEMNITY COMPANY OF AMERICA</a>&nbsp;(Parish of Iberville)Accordingly, for the foregoing reasons the judgments of the lower courts are reversed. Travelers' motion for summary judgment is hereby granted.&nbsp; REVERSED AND RENDERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2014/13CC2778.opn.pdf">2013-CC-2778	LANGE WALKER ALLEN, II v. SUSAN TAYLOR ALLEN</a>&nbsp;(Parish of St. Tammany)For the reasons stated herein, the judgment of the court of appeal is reversed, the trial court judgment is reinstated, and the case is remanded to Division K of the Twenty-Second Judicial District for further proceedings.&nbsp; REVERSED AND REMANDED.HUGHES, J., concurs with reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13C1855.opn.pdf">2013-C -1855	ROBERT L. THOMAS v. CYNTHIA BRIDGES, SECRETARY DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a>&nbsp;(Parish of Livingston) For the foregoing reasons, the rulings of the lower courts are hereby affirmed.&nbsp; AFFIRMED.VICTORY, J., dissents. GUIDRY, J., concurs and assigns additional reasons. CLARK, J., concurring with reasons.&nbsp;&nbsp;<a href="/opinions/2014/14O0188.opn.pdf">2014-O -0188	IN RE: HON. JANICE GARTRELL CLARK</a>Based on the record before us, we are fully persuaded that nothing with which the Commission charges Judge Clark warrants this Court&rsquo;s sanction for judicial misconduct. RECOMMENDATION REJECTED.&nbsp;<a href="/opinions/2014/13C1564cw13C1736.opn.pdf">2013-C -1564 C/W 2013-C -1736 MAJDI KHAMMASH, MAHA KHAMMASH, AND SARRIS, SARRARA AND DANNIAH KHAMMASH v. JOHN E. CLARK, M.D., JOHN E. CLARK M.D., LTD., LOUISIANA SPINE AND SPORTS MEDICINE, L.L.C., GLORIA WALL, HEATHER B. LANDRY AND CAPITOL CITY PHYSICAL THERAPY GROUP</a>&nbsp;(Parish of E. Baton Rouge)For these reasons, we reverse the judgment of the Court of Appeal and hereby reinstate the judgment of the District Court in its entirety. REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.CLARK, J., concurring in part, dissenting in part for reasons to be assigned.&nbsp; HUGHES, J., dissents with reasons. BY WEIMER, J.:&nbsp;<a href="/opinions/2014/13KK1681.opn.pdf">2013-KK-1681	STATE OF LOUISIANA v. RICO WEBB</a>&nbsp;(Parish of Orleans) (Carrying Illegal Drugs While in Possession of a Firearm)We, therefore, affirm the ruling of the district court, finding La. R.S. 14:95(E) is not unconstitutional, and that nothing in Article I, &sect; 11 of the constitution requires the charges against the defendant to be quashed. This case is remanded to the district court for further proceedings.&nbsp; AFFIRMED AND REMANDED.&nbsp;<a href="/opinions/2014/13CC2326.opn.pdf">2013-CC-2326 CALLIE ANN COOK v. FAMILY CARE SERVICES, INC.</a> (Office of Workers&rsquo; Compensation District 2)Accordingly, we affirm the decisions of the lower courts and remand this matter to the OWC for further proceedings. AFFIRMED AND REMANDED.&nbsp;<a href="/opinions/2014/13C2351.opn.pdf">2013-C -2351 CHURCH MUTUAL INSURANCE COMPANY AND TRINITY UNITED METHODIST PRESCHOOL v. THELMA DARDAR C/W THELMA DARDAR v. TRINITY UNIVERSAL METHODIST PRESCHOOL, ET AL.</a> (Office of Workers&rsquo; Compensation District 7)The contrary conclusion of the court of appeal is reversed, and the judgment of the OWC, maintaining the exception of prematurity and ordering Ms. Dardar to &ldquo;re-submit the request for injections to the payor on Form 1010 and to the Medical Director on Form 1009 within thirty days&rdquo; of the finality of this decision, is reinstated. The matter is remanded to the OWC for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/13CC1545.opn.pdf">2013-CC-1545	PATRICIA WATKINS v. EXXON MOBIL CORPORATION, ET AL.</a>&nbsp;(Parish of Plaquemines)For the reasons set forth above, we affirm the judgment of the court of appeal holding that the one-year time limitation for asserting the survival action under La. Civ. Code art. 2315.1(A) is a period of liberative prescription rather than a period of peremption. See La. Civ. Code art. 2315.1(C). The case is remanded to the trial court for further proceedings. AFFIRMED; CASE REMANDED TO THE DISTRICT COURT.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13C1582cw13C1588_13C1703.pdf">2013-C -1582 C/W 2013-C -1588 2013-C -1703 QUALITY ENVIRONMENTAL PROCESSES, INC., MICHAEL X. ST. MARTIN AND VIRGINIA RAYNE ST. MARTIN v. I. P. PETROLEUM COMPANY, INC., INTERNATIONAL PAPER COMPANY, MONTGOMERY, BARNETT, BROWN, READ, HAMMOND &amp; MINTZ, L.L.P., AND JOHN Y. PEARCE</a>&nbsp;(Parish of Terrebonne)Retired Judge Lemmie O. Hightower, sitting Justice ad hoc for Hughes, J., recused.Accordingly, the plaintiff&rsquo;s claims under LUTPA are dismissed as to both the IP defendants and the legal defendants. We also affirm the remand of the case to the trial court for consideration of any royalty payment issues stemming from the after-acquired rights, if any, arising out of the 2001 and 2005 settlements. AFFIRMED; RENDERED IN PART; CASE REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.JOHNSON, C.J., dissents in part for reasons assigned by Knoll, J. KNOLL, J., dissents in part and assigns reasons. CLARK, J., concurs in part and dissents in part for reasons assigned by Knoll, J.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13KK1422.opn.pdf">2013-KK-1422	STATE OF LOUISIANA v. JOHN EMMITT GATES</a>&nbsp;(Parish of Bossier) (DWI-3RD)For the reasons stated herein, the judgments of the lower courts are vacated and defendant&rsquo;s motion to suppress evidence is hereby denied. This matter is remanded to the trial court for further proceedings. JUDGMENT OF THE LOWER COURTS VACATED; CASE REMANDED TO THE DISTRICT COURT.&nbsp;<a href="/opinions/2014/13KK1859.opn.pdf">2013-KK-1859	STATE OF LOUISIANA v. MORRIS DAVENPORT, JR.</a>&nbsp;(Parish of Sabine) (Aggravated Rape)Accordingly, we reverse the court of appeal's judgment, reinstate the trial judge&rsquo;s order of mistrial, and remand this matter to the trial court for further proceedings. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp; WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/13CA2011cw13CD2036.opn.pdf">2013-CA-2011 C/W 2013-CD-2036 CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE v. STEPHEN C. MYERS</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, we reverse the declaration of unconstitutionality and the denial of a suspensive appeal, and remand this matter to the district court for further proceedings consistent with the foregoing. REVERSED; REMANDED WITH INSTRUCTIONS.KNOLL, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAMS: <a href="/opinions/2014/13K1311.pc.pdf">2013-K -1311	STATE OF LOUISIANA v. SAMUEL E. MACK, JR.</a>&nbsp;(Parish of Orleans)Consequently, the court of appeal erred in vacating defendant&rsquo;s conviction for second degree murder on the basis the state failed to present evidence sufficient to sustain the conviction. Therefore, the conviction and sentence are reinstated, and the court of appeal is directed to address defendant&rsquo;s remaining claims on the merits on remand of the case. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDEDJohnson, C.J, dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13B2424.pc.pdf">2013-B -2424	IN RE: SEAN DANIEL ALFORTISH</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 the name of Sean Daniel Alfortish, Louisiana Bar Roll number 22227, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.KNOLL, J., dissents for reasons assigned.&nbsp;<a href="/opinions/2014/13B2688.pc.pdf">2013-B -2688	IN RE: DAVID J. MITCHELL</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 the name of David J. Mitchell, Louisiana Bar Roll number 9692, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.&nbsp; HUGHES, J., dissents for the reasons assigned by Weimer, J.&nbsp;&nbsp;<a href="/opinions/2014/13B2699.pc.pdf">2013-B -2699	IN RE: OTHA CURTIS NELSON, SR.</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 Otha Curtis Nelson, Sr., Louisiana Bar Roll number 9940, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years, subject to the conditions set forth herein. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.&nbsp;<a href="/opinions/2014/13B2873.pc.pdf">2013-B -2873	IN RE: CLARENCE T. NALLS, JR.</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 Clarence T. Nalls, Jr., Louisiana Bar Roll number 1500, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent provide an accounting to Wade Garner and make full restitution, 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.&nbsp;<a href="/opinions/2014/13B2929.pc.pdf">2013-B -2929	IN RE: ELIZABETH ASHLEY BRUNET-ROBERT</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 Elizabeth Ashley Brunet-Robert, Louisiana Bar Roll number 28879, be and she hereby is suspended from the practice of law for three years, retroactive to November 18, 2009, the date of her interim suspension. 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.CLARK, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td 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&nbsp;8th day of May, 2012, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2012/11C1797.opn.pdf">2011-C -1797	GLORIA CLAY v. OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, INC.</a>REVERSED. RULING OF THE WORKERS' COMPENSATION HEARING OFFICER TERMINATING BENEFITS AS OF AUGUST 25, 2008, IS REINSTATED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2012/11CC2093.opn.pdf">2011-CC-2093	JOSEPH C. TRASCHER, ET AL. v. PETER TERRITO, ET AL.</a>&nbsp;(Parish of Orleans)For the reasons stated herein, the judgment of the district court is affirmed in part and reversed in part. The only portion of this deposition that will be admissible at trial is the part referred to in this opinion as meeting the requirements of La. C.E. art. 803(3). The case is remanded to the district court for further proceedings. AFFIRMED IN PART; REVERSED IN PART; REMANDED.JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs with reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2012/11KA2302.opn.pdf">2011-KA-2302	STATE OF LOUISIANA v. RUDY TROSCLAIR</a>&nbsp;(Parish of Jefferson) (Sexual Battery of a Child Under Thirteen Years of Age).For the foregoing reasons, we hereby grant the State's application for supervisory writ, reverse the judgment of the court of appeal, and reinstate the district court's judgment.&nbsp; WRIT GRANTED; JUDGMENT OF THE COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2012/11C2078.opn.pdf">2011-C -2078 ANR PIPELINE COMPANY, TENNESSEE GAS PIPELINE COMPANY AND SOUTHERN NATURAL GAS COMPANY v. LOUISIANA TAX COMMISSION</a>&nbsp;(Parish of E. Baton Rouge)For the foregoing reasons, we affirm that portion of the lower court decisions that found that the reassessments were central assessments governed by the provisions of La. Const. art. VII, &sect; 18 and La. R.S. 47:1851, et seq. That portion of those decisions that sustained the taxpayers&rsquo; exception of no right of action and dismissed the assessors&rsquo; cross-claims and reconventional demands/cross-appeals, is reversed. The exception is overruled and this matter is remanded to the district court for further proceedings. AFFIRMED IN PART; REVERSED IN PART; EXCEPTION OF NO RIGHT OF ACTION IS OVERRULED; REMANDED. &nbsp;BY GUIDRY, J.: <a href="/opinions/2012/11CC2434.opn.pdf">2011-CC-2434	ROSE MANALE MCCANN v. WALTER LESTER MCCANN</a>&nbsp;(Parish of E. Baton Rouge)For the reasons stated, we find the Family Court for the Parish of East Baton Rouge did not retain exclusive subject matter jurisdiction over the partition of community property when one of the former spouses died. See La. Rev. Stat. 13:1401(A)(2)(a). Thus, the Family Court erred in overruling the defendant executrix&rsquo;s exception of lack of subject matter jurisdiction. We therefore reverse that ruling.&nbsp; REVERSED.WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2012/11K0915.opn.pdf">2011-K -0915	STATE OF LOUISIANA v. LARRY JOHN THOMPSON</a>&nbsp;(Parish of Caddo) (Intent to Distribute a Schedule II Controlled Dangerous Substance (cocaine).Accordingly, the trial court correctly denied the defendant&rsquo;s motion to suppress the evidence. The court of appeal&rsquo;s decision to the contrary is reversed, the ruling of the trial court is reinstated, and this case is remanded to the court of appeal for its review of the remaining assignment of error raised by the defendant on appeal.&nbsp; REVERSED AND REMANDED.JOHNSON, J., concurs in result.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/11C2382.pc.pdf">2011-C -2382	JERYD ZITO v. ADVANCED EMERGENCY MEDICAL SERVICES, INC. AND EMPIRE INDEMNITY INSURANCE COMPANY</a>&nbsp;(Parish of Plaquemines)For the reasons assigned, the judgment of the court of appeal affirming the district court's judgment is reversed. Judgment is rendered in favor of Advanced Emergency Medical Services, Inc. and Empire Indemnity Insurance Co., dismissing plaintiff's suit with prejudice at his cost.&nbsp; REVERSED AND RENDERED.KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">2011-C -2079 MICHAEL H. MARTIN, IN HIS CAPACITY AS ASSESSOR FOR LAFOURCHE PARISH v. ANR PIPELINE CO., ET AL. (Parish of Lafourche)</a><a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">C/W</a><a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">2011-C -2193 GENE BONVILLAIN, ASSESSOR OF TERREBONNE PARISH v. TENNESSEE GAS PIPELINE COMPANY, ET AL. (IN RE: APPEAL OF ANR PIPELINE COMPANY) (Parish of Terrebonne)</a><a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">2011-C -2252 IN RE: APPEAL OF ANR PIPELINE CO., MONA KELLEY, IN HER OFFICIAL CAPACITY AS CAMERON PARISH TAX ASSESSOR v. ANR PIPELINE COMPANY, ET AL. (Parish of Cameron)</a><a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">2011-C -2266 GENEVA F. ODOM, IN HER OFFICIAL CAPACITY AS ASSESSOR FOR EAST CARROLL PARISH v. SOUTHERN NATURAL GAS CO. AND TENNESSEE GAS PIPELINE COMPANY C/W DEANNA K. SMITH, IN HER CAPACITY AS ASSESSOR FOR WEST CARROLL PARISH v. ANR PIPELINE COMPANY, SOUTHERN NATURAL GAS COMPANY &amp; LOUISIANA TAX COMMISSION C/W EDDIE GATLIN, IN HIS OFFICIAL CAPACITY AS ASSESSOR FOR JACKSON PARISH v. SOUTHERN NATURAL GAS COMPANY AND TENNESSEE GAS PIPELINE COMPANY (Parish of East Carroll)</a><a href="/opinions/2012/11C2079.2193.2252.2266.2716.pdf">2011-CC-2716 KATHRYN BROUSSARD, IN HER OFFICIAL CAPACITY AS ASSESSOR FOR VERMILION PARISH v. SOUTHERN NATURAL GAS COMPANY (Parish of Vermilion)</a>For the foregoing reasons, we reverse the lower court decisions in these consolidated cases and render judgment sustaining the peremptory exception of no right of action and dismissing the assessors&rsquo; petitions with prejudice. EXCEPTION OF NO RIGHT ACTION SUSTAINED; DISMISSED.VICTORY, J., dissents for the reasons assigned by Justice Weimer. WEIMER, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td 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&nbsp;8th day of April, 2008,&nbsp;are as follows: BY CALOGERO, C.J.:<a href="/opinions/2008/07C1890.opn.pdf">2007-C -1890 THE NEWMAN MARCHIVE PARTNERSHIP, INC. v. CITY OF SHREVEPORT</a>&nbsp;(Parish of Caddo)&nbsp; The Judgment of the Court of Appeal is reversed. The peremptory writ of mandamus is dissolved, and the Plaintiff&rsquo;s petition is dismissed.&nbsp; REVERSED; WRIT OF MANDAMUS DISSOLVED; PETITION DISMISSED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/07OK0082.opn.pdf">2007-OK-0082 C/W 2007-KA-0716 STATE OF LOUISIANA v. KENNETH LANCLOS</a>&nbsp;(Parish of Jefferson) For the above reasons, we affirm the judgment of the First Parish Court finding that R.S. 32:57(G) is unconstitutional.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/07C2441.opn.pdf">2007-C -2441 C/W 2007-C -2443 JOSEPH SHER v. LAFAYETTE INSURANCE COMPANY; UNITED FIRE &amp; CASUALTY COMPANY; THE UNITED FIRE GROUP; ROBERT JONES; WES SWANK; FRED VANDERBROOK; AND PROPERTY LOSS CONSULTING, INC.</a>&nbsp;(Parish of Orleans) For the reasons given, we affirm in part, reverse in part, and render judgment. AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.Retired Judge Lemmie O. Hightower assigned as Associate Justice Ad Hoc sitting for Chief Justice Pascal F. Calogero, recused.VICTORY, J., concurs in the result. KNOLL, J., concurs in part and dissents in part and assigns reasons. WEIMER, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/06K2596.opn.pdf">2006-K -2596 STATE OF LOUISIANA v. AMANDA GUTWEILER AKA AMANDA HYPES</a>&nbsp;(Parish of Rapides) (First Degree Murder - Three Counts) For the foregoing reasons, the judgment of the court of appeal is affirmed in part and reversed in part. The decision is affirmed insofar as it holds the indictment was properly quashed for the State's violation of grand jury secrecy by the release of a witness's grand jury transcript to its arson expert witness; the ruling prohibiting Dr. John DeHaan and Det. Bobby Sandoval from testifying in any future grand jury proceedings or prosecution of the defendant is reversed. This case is remanded to the district court for further proceedings consistent with the views expressed in this opinion. AFFIRMED IN PART, REVERSED IN PART AND REMANDED.JOHNSON, J., concurs in part, dissents in part and will assign reasons. VICTORY, J., concurs in part and dissents in part and assigns reasons.	TRAYLOR, J., concurs in part and dissents in part for reasons assigned by Victory, J.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2008/07CA1680.opn.pdf">2007-CA-1680 SOUTHERN SILICA OF LOUISIANA, INC. AND MID STATE SAND AND GRAVEL COMPANY, L.L.C. v. LOUISIANA INSURANCE GUARANTY ASSOCIATION</a>(Parish of E. Baton Rouge) The judgments of the lower courts are reversed. This court decrees that Southern Silica is entitled to indemnity for the years 1977 through 1982 from LIGA, but only after the pro rata shares of all insurers that provided coverage in the Louisiana suits against Southern Silica are determined by judgment or settlement. Because LIGA also owes Southern Silica a defense for the 1977-1982 time period, indemnification for defense costs borne by Southern Silica can be recovered from LIGA upon proper proof thereof. REVERSED AND RENDERED.KNOLL, J., concurs in result.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;12th day of March, 2004, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2004/03b2642.opn.pdf">2003-B -2642 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: LOUIS A. GERDES, JR.</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Louis A. Gerdes, Jr., Louisiana Bar Roll number 6030, is suspended from the practice of law for a period of one year. Six months of this suspension shall be deferred. Following the completion of the active portion of his suspension, respondent shall be placed on probation for a period of one year, during which time he shall be required to attend the Louisiana State Bar Association's Ethics School program. Any violation of this condition or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other 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's judgement until paid.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents for reasons assigned by Calogero, C.J.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;28th day of March, 2002&nbsp;, is as follows:&nbsp; &nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/01ca2106.pc.pdf">1999-CA- 3357 and 2001-CA- 2106 LOUISIANA ELECTORATE OF GAYS AND LESBIANS,&nbsp;INC. A LOUISIANA AND CORPORATION NOT FOR PROFIT, LAURENCE E. BEST, ESQUIRE, W. LLOYD BOWERS, ESQUIRE, JOHN D. RAWLS, ESQUIRE, THE HON. JOAN L. LADNIER, KEVIN BESSE, R.N., JEANNE M. LEBLANC, ACSW, BCSW, JOHN FOSTER, O.D., RHONDA LECO, JOHNNY L. BAXLEY, AND RICHARD COSGRIFF v.THE STATE OF LOUISIANA, THE HON. RICHARD P. IEYOUB, ATTORNEY GENERAL OF LOUISIANA AND THE HON. HARRY F. CONNICK, DISTRICT ATTORNEY OF ORLEANS PARISH, NOT INDIVIDUALLY BUT RATHER IN THEIR OFFICIAL CAPACITIES AND FURTHERMORE AS REPRESENTATIVES OF A CLASS OF RESPONDENTS, BEING ALL CRIMINAL PROSECUTORS IN AND FOR THE STATE OF LOUISIANA</a> (Parish of Orleans) For the reasons assigned, the judgments of the district court dated March 17, 1999 and March 23, 2001 are hereby vacated in their entirety insofar as they invalidate any or all of the targeted statutes based upon La. Const. art. I, Section V. Plaintiffs' appeal of the remaining constitutional issues is hereby transferred to the Court of Appeal, Fourth Circuit, for consideration under its appellate jurisdiction.&nbsp; <a href="/opinions/2002/01ca2106.pfc.pdf">CALOGERO, C.J., concurs in part, dissent in part&nbsp;</a>and assigns reasons. KNOLL, J., recused.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #026</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;23th day of March, 2001, are as follows:&nbsp; &nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00c1372.opn.pdf">2000-C- 1372 c/w 2000-C- 1387 c/w 2000-C- 1440 DON PERKINS, ET AL. v. ENTERGY CORPORATION, ET AL. C/W JOSEPH BUJOL, III ET AL. v. ENTERGY CORPORATION, ET AL. C/W ROBERT HRACEK, C/W ET AL. v. ENTERGY CORPORATION, ET AL.</a> (Parish of Iberville) While we, too, sympathize with the plaintiffs, we agree with the court of appeal that the record does not include a reasonable factual basis for the trial court's finding that the electrical fault was a cause-in-fact of the plaintiffs' injuries. We further agree that the trial court was clearly wrong in concluding that the plaintiffs established their cause-in-fact case by a preponderance of the evidence. Because there is no factual causation in this case, our inquiry is over. Therefore, the judgment of the court of appeal is affirmed.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00c1372.bjj.pdf">JOHNSON, J., dissents and assigns reasons</a>. <a href="/opinions/2001/00c1372.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a> &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00cc1750.opn.pdf">2000-CC- 1750 CHRISTA DUPLANTIS v. LOUISIANA BOARD OF ETHICS </a>(Louisiana Board of Ethics) C/W 2000-CC- 1956 BREAZEALE, SACHSE, &amp; WILSON, L.L.P. (Louisiana Board of Ethics) For the reasons stated above, in Duplantis v. Louisiana Board of Ethics, we vacate the ruling of the First Circuit in 00-293 (La. App. 1 Cir. 5/18/00) which reversed the Board's advisory opinion. In Breazeale, Sachse, &amp; Wilson, L.L.P. v. Louisiana Board of Ethics, we affirm the judgment of the First Circuit denying the writ, but on different grounds. The writ should have been denied because the First Circuit lacked jurisdiction to review advisory opinions of the Board. Duplantis v. Louisiana Board of Ethics&nbsp;, 00-1750---VACATED; Breazeale, Sachse, &amp; Wilson&nbsp;, 00-1956---AFFIRMED.<a href="/opinions/2001/00cc1750.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a>LEMMON, J., concurs and will assign reasons. <a href="/opinions/2001/00cc1750.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinion handed down on the 18th day of May, 2023 are as follows:&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/23-0066.B.OPN.pdf">2023-B-00066&nbsp;IN RE: HENRY L. KLEIN</a> SUSPENSION IMPOSED. SEE PER CURIAM.Crichton, J., concurs in part and dissents in part and assigns reasons. McCallum, J., concurs in part and dissents in part for the reasons assigned by Crichton, J. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td 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&nbsp;3rd day of May, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/15CC2039.OPN.pdf">2015-CC-2039	TERESA WALLNER CABALLERO v. DAVID FERNANDO CABALLERO</a>&nbsp;(Parish of E. Baton Rouge)For the above reasons, we hereby reverse the ruling of the court of appeal and reinstate the Family Court&rsquo;s judgment, overruling Home&rsquo;s exception of lack of subject matter jurisdiction. REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.HUGHES, J., dissents in part and assigns reasons.&nbsp;BY WEIMER, J.: <a href="/opinions/2016/16O0078.OPN.pdf">2016-O -0078	IN RE: JUSTICE OF THE PEACE STACIE P. MYERS POINTE COUPEE PARISH, DISTRICT 4 STATE OF LOUISIANA</a>For the foregoing reasons, it is ordered, adjudged, and decreed that Respondent, Justice of the Peace Stacie P. Myers, District 4, Parish of Pointe Coupee, State of Louisiana, be, and is hereby, removed from office for violating La. Const. art. V, &sect; 25(C) and the Code of Judicial Conduct and that her office be, and is hereby, declared to be vacant. Further, Respondent is ordered pursuant to La. Sup.Ct. Rule XXIII, &sect; 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup.Ct. Rule XXIII, &sect; 22, we cast Respondent with $288 in favor of the Judiciary Commission of Louisiana for the costs incurred in the investigation and prosecution of her case, which costs are in addition to the penalties and costs previously imposed. REMOVAL FROM JUDICIAL OFFICE ORDERED.&nbsp;BY CLARK, J.: <a href="/opinions/2016/15C1439.OPN.pdf">2015-C -1439	CYNTHIA BRIDGES, SEC., DEPT. OF REV., STATE OF LOUISIANA v. NELSON INDUSTRIAL STEAM CO. C/W NELSON INDUSTRIAL STEAM CO. v. CALCASIEU PARISH SCHOOL SYSTEM SALES AND USE TAX DEPT., ET AL. C/W CYNTHIA BRIDGES, SEC., DEPT. OF REV., STATE OF LOUISIANA v. NELSON INDUSTRIAL STEAM CO. C/W NELSON INDUSTRIAL STEAM CO. v. CALCASIEU PARISH SCHOOL SYSTEM SALES AND USE TAX DEPT., ET AL.</a>&nbsp;(Parish of Calcasieu)For the reasons expressed herein and consistent with the liberal statutory construction that is afforded to a taxpayer claiming an exclusion, we reverse and rule in favor of NISCO. We remand the matter to the trial court to fix the amount of the judgment in a manner consistent with this opinion. REVERSED AND REMANDED.KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp; HUGHES, J., concurs in part and dissents in part for the reasons of Weimer, J.&nbsp;BY CRICHTON, J.: <a href="/opinions/2016/15C0785.OPN.pdf">2015-C -0785	PIERCE FOUNDATIONS, INC. v. JAROY CONSTRUCTION, INC.</a>&nbsp;(Parish of Jefferson)Pursuant to the foregoing, we hold that Pierce&rsquo;s lawsuit was timely filed against the general contractor and its surety, Ohio Casualty, and that the failure of the plaintiff to perfect its privilege against the public authority (as found by the trial court) does not defeat its right of action against the surety. The decision of the court of appeal is reversed and the decision of the trial court is reinstated. REVERSED.KNOLL, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Guidry, J., and assigns additional reasons.&nbsp;&nbsp;<a href="/opinions/2016/15CC1718.OPN.pdf">2015-CC-1718	CITY OF ALEXANDRIA v. KENDALL DIXON</a>&nbsp;(Parish of Rapides)For the reasons set forth herein, we find the court of appeal erred in overturning the trial court&rsquo;s application of Pullin, and reverse the court of appeal in that regard, specifically reinstating the trial court&rsquo;s finding that Pullin applies under these circumstances. We also reinstate the trial court&rsquo;s order of remand to the Board for consideration of Dixon&rsquo;s alleged failed breath alcohol test results. Although we also find the City did not adhere to its own Substance Abuse Policy and thus reverse that finding by the trial court, we nevertheless determine that, based on Pullin, the test results are admissible subject to whatever the weight the Board may choose to assign to the test results.&nbsp; AFFIRMED IN PART; REVERSED IN PART; REMANDED.&nbsp;PER CURIAM: <a href="/opinions/2016/15C1430.OPN.pdf">2015-C -1430	LAMAR CONTRACTORS, INC. v. KACCO, INC.</a>&nbsp;(Parish of St. Bernard)For the reasons assigned, the judgment of the court of appeal is vacated insofar as it affirms the district court&rsquo;s judgment reducing the award of damages in favor of Lamar Contractors, Inc. The case is remanded to the district court for the sole purpose of entering an amended judgment in favor of Lamar Contractors, Inc. for the full amount of damages previously determined with no reduction for contributory negligence. In all other respects, the judgment of the court of appeal is affirmed. All costs in this court are assessed against defendant, Kacco, Inc.JOHNSON, C.J., concurs. CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;On the&nbsp;2nd day of May, 2014, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:REHEARING(S) DENIED:2013-B -2022	c/w 2013-B-2172 IN RE: SETH CORTIGENE AND NEWTON B. SCHWARTZ, SR. Rehearing denied. Despite being granted additional time, respondent failed to file a brief or set forth any arguments in support of his application for rehearing. Accordingly, the application for rehearing is denied on the showing made.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;5th day of April, 2010, is as follows:&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09KK1177.opn.pdf">2009-KK-1177 STATE OF LOUISIANA v. TRACEY YOUNG</a>&nbsp;(Parish of E. Baton Rouge)Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.For the reasons stated herein, the ruling of the district court permitting the admission of the defendant's proposed expert testimony on the validity of eyewitness identifications is vacated. The case is remanded to the district court for further proceedings.&nbsp; DISTRICT COURT JUDGMENT VACATED; CASE REMANDED TO THE DISTRICT COURT.JOHNSON, J., concurs and assigns reasons. KNOLL, J., additionally concurs with reasons. WEIMER, J., concurs with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td 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&nbsp;5th day of May, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/08C1392.opn.pdf">2008-C -1392 LOCAL NUMBER 1442, PROFESSIONAL FIREFIGHTER'S ASSOCIATION, ET AL. v. CITY OF CROWLEY</a>&nbsp;(Parish of Acadia)For the reasons assigned, judgment is rendered in favor of plaintiffs and against the City on plaintiffs' petition for declaratory judgment. Accordingly, it is ordered, adjudged and decreed that there be judgment declaring that the City must use the 33 1/3 % of the sales tax proceeds at issue only for salary increases for fire personnel as interpreted herein and for no other purpose. The judgment of the court of appeal affirming the trial court's judgment dismissing plaintiffs' petition for declaratory judgment is reversed. REVERSED.WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08C2436.opn.pdf">2008-C -2436 KIMBERLY AND TODD THIBODEAUX, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, GABRIELLE THIBODEAUX v. JAMES DONNELL, M.D.&nbsp;</a>(Parish of Terrebonne)For the above reasons, we affirm the decision of the court of appeal, finding that Plaintiffs' medical malpractice suit was timely filed.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J. and Guidry, J. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/08OC2357.opn.pdf">2008-OC-2357 THE WILLOWS v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH &amp; HOSPITALS</a>&nbsp;(Parish of E. Baton Rouge)For the reasons stated herein, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2009/2006KA2419.pdf">2006-KA-2419 STATE OF LOUISIANA v. JASON MANUEL REEVES</a>&nbsp;(Parish of Calcasieu) (First Degree Murder)Calogero, C.J., retired, recused. Chief Justice Calogero recused himself after oral argument and he has not participated in the deliberation of this case.For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Public Defender Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:169; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2009/08KK2106.opn.pdf">2008-KK-2106 STATE OF LOUISIANA v. RACHEL SHIRLEY</a>&nbsp;(Parish of Iberville) (Vehicular Homicide)For the foregoing reasons, the State's writ application is granted in part and denied in part. The trial court's ruling is reversed to the extent that it ordered suppressed the defendant's statements made at the scene of the vehicular accident to Officer Cody Casto. In all other respects, the State's writ application is denied. This case is remanded to the trial court for further proceedings in conformity with the views expressed in this opinion.&nbsp; AFFIRMED IN PART; REVERSED IN PART; CASE REMANDED TO THE TRIAL COURT.&nbsp;<a href="/opinions/2009/08KK2522.opn.pdf">2008-KK-2522 STATE OF LOUISIANA v. MIA W. SKINNER</a>&nbsp;(Parish of Natchitoches) (L.R.S. 40:971B(1)(i) - &ldquo;Doctor Shopping&rdquo;)The judgment of the lower courts are reversed. This case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08C2223.opn.pdf">2008-C -2223 MONIQUE BOSSIERE DEJOIE v. THE HONORABLE LLOYD J. MEDLEY, JR., ET AL.</a>&nbsp;(Parish of Orleans)For the foregoing reasons, we reverse the ruling of the court of appeal and reinstate the judgment of the trial court granting the State's motion for summary judgment and dismissing plaintiff's suit.&nbsp; REVERSED. TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/08C1111.opn.pdf">2008-C -1111 ARSENIO ARIAS AND LORENA ARIAS v. STOLTHAVEN NEW ORLEANS, L.C.C., ABC INSURANCE COMPANY, STOLT-NIELSEN TRANSPORTATION GROUP, INC. A/K/A STOLT-NIELSEN S.A., DEF INSURANCE COMPANY, CERTIFIED COATING INC., GHI INSURANCE COMPANY, KENNETH R. HEBERT, ET AL</a>. (Parish of Orleans)For the foregoing reasons, we reverse the decision by the court of appeal and vacate the default judgment rendered and confirmed by the trial court in favor of Arsenio and Lorena Arias and against American Home Assurance Company. The matter is remanded to the trial court for further proceedings. COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT VACATED; CASE REMANDED.&nbsp;<a href="/opinions/2009/08CA2340.opn.pdf">2008-CA-2340 VACUUM TRUCK CARRIERS OF LOUISIANA, INC. AND ITS MEMBER CARRIERS v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge)For the reasons expressed above, the judgment of the district court, rescinding the Commission's Order No. T-29541 granting Southern a common carrier certificate with limited and restricted authority, is reversed, and the Commission's order is reinstated. All costs of this appeal are assessed against the protestant, Vacuum Truck Carriers. REVERSED; ORDER NO. T-29541 REINSTATED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/04OB0542.opn.pdf">2004-OB-0542 IN RE: MARCIA DENISE JORDAN</a> (Committee on Bar Admissions)Calogero, C.J., participated in oral argument but did not participate in the deliberation of this case, having retired on December 31, 2008.Accordingly, it ordered that the application for admission be and hereby is denied.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2009/06OB2387.opn.pdf">2006-OB-2387 IN RE: BRIAN D. FERGUSON</a> (Committee on Bar Admissions)Guidry, J., on panel; Calogero C. J., retired, recused.Accordingly, it is ordered that the application for admission be and hereby is denied. ADMISSION DENIED.JOHNSON, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents with reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/08K0606.opn.pdf">2008-K -0606 STATE OF LOUISIANA v. RYAN O'NEAL WOODARD</a>&nbsp;(Parish of Terrebonne) (Possession of a Firearm by a Convicted Felon)Accordingly, the decision of the court of appeal is reversed, defendant's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. DECISION OF COURT OF APPEAL REVERSED; DEFENDANT'S CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2009/2008B2513.opn.pdf">2008-B -2513 IN RE: RICHARD J. GARRETT</a> (Disciplinary Proceedings)Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Richard J. Garrett, Louisiana Bar Roll number 5946, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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's judgment until paid.&nbsp;<a href="/opinions/2009/08B2621.opn.pdf">2008-B -2621 IN RE: E. ERIC GUIRARD &amp; THOMAS R. PITTENGER</a> (Disciplinary Proceedings)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that E. Eric Guirard, also known as Eric J. Guirard, Louisiana Bar Roll number 18242, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that Thomas R. Pittenger, Louisiana Bar Roll Number 21819, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs and expenses in the matter are assessed against respondents 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's judgment until paid.&nbsp;<a href="/opinions/2009/08B2878.opn.pdf">2008-B -2878 IN RE: DOUGLAS H. GREENBURG AND ANTHONY P. LEWIS</a> (Disciplinary Proceedings)Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Douglas H. Greenburg, Louisiana Bar Roll number 2235, be and he hereby is suspended from the practice of law for six months. It is further ordered that all but thirty days of the suspension shall be deferred, subject to the conditions set forth in this opinion. It is further ordered that Anthony P. Lewis, Louisiana Bar Roll number 17318, be and he hereby is publicly reprimanded. All costs and expenses in the matter are assessed against respondents 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's judgment until paid.TRAYLOR, J., concurs in part and dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td 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&nbsp;11th day of April, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/06kk1045.opn.pdf">2006-KK-1045 STATE OF LOUISIANA v. KEITH WALKER</a>&nbsp;(Parish of Orleans) For the reasons set forth above, the district court ruling granting the defendant's motion to suppress is vacated and the case is remanded to the district court for further proceedings. DISTRICT COURT JUDGMENT VACATED; CASE REMANDED TO THE DISTRICT COURTJOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/06c1736.opn.pdf">2006-C -1736 SOUTHEAST WIRELESS NETWORK, INC., SLAYDON INVESTMENT, INC., AND CELIA KATZ, INDIVIDUALLY AND IN HER CAPACITY AS INDEPENDENT EXECUTRIX FOR THE SUCCESSION OF SAMUEL B. KATZ v. U.S. TELEMETRY CORPORATION, U.S. TELEMETRY NETWORK, INC., K. STEVEN ROBERTS, THOMAS L. SIEBERT, DONALD M. CLARKE, S. ANDREW BANKS, CHARLES M. BRUCE AND JAMES K. GABLE</a>&nbsp;(Parish of E. Baton Rouge) For the above reasons, the ruling of the court of appeal is AFFIRMED. The trial court can properly exercise jurisdiction over defendant, James K. Gable.KIMBALL, J., concurs and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/04ka0204.opn.pdf">2004-KA-0204 STATE OF LOUISIANA v. DANIEL JOSEPH BLANK</a>&nbsp;(Parish of Ascension) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S.15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to it's authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.CALOGERO, C.J., dissents for reasons assigned by Kimball, J. KIMBALL, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/06ko1755.opn.pdf">2006-KO-1755 STATE OF LOUISIANA v. GREGORY RUIZ</a>&nbsp;(Parish of Iberia) The defendant's convictions for possession of cocaine and distribution of cocaine, in violation of La. Rev. Stat. 40:967, are affirmed. Because the trial court has found the defendant to be a second offender, having previously been convicted of two counts of distribution of cocaine, this matter is remanded for sentencing pursuant to either the sentencing enhancement provisions of La. Rev. Stat. 40:982 or Louisiana's Habitual Offender Law, La. Rev. Stat. 15:529.1. The State may not validly seek multiple enhancement of the defendant's sentence based on the same set of prior convictions. AFFIRMED AND REMANDED WITH INSTRUCTIONS.KIMBALL, J., concurs and assigns reasons. JOHNSON, J., concurs.&nbsp;<a href="/opinions/2007/06c2001cw2164.opn.pdf">2006-C -2001 C/W 2006-C -2164 JOHN AND KLEA HEBERT v. RAPIDES PARISH POLICE JURY, ET AL.</a>&nbsp;(Parish of Rapides) For the foregoing reasons, we reverse the judgment of the court of appeal and render judgment finding DOTD had no liability, thereby dismissing plaintiffs' claim against DOTD, with prejudice. REVERSED and RENDERED.JOHNSON, J., dissents. TRAYLOR, J., concurs in the result. KNOLL, J., additionally concurs with reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/050b2317.pc.pdf">2005-OB-2317 IN RE: EDWARD A. DOSKEY</a> (Bar Admissions) After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner, Edward A. Doskey, is eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of one year. Should petitioner commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.&nbsp;<a href="/opinions/2007/06c1989.pc.pdf">2006-C -1989 THE COUNCIL OF THE CITY OF NEW ORLEANS v. SEWERAGE &amp; WATER BOARD OF NEW ORLEANS; BOH BROS. CONSTRUCTION CO., L.L.C.; RENAISSANCE INTEGRATED SOLUTIONS, LLC; AND RIS NEW ORLEANS, LLC</a>&nbsp;(Parish of Orleans) Accordingly, we vacate the judgment of the court of appeal without addressing the issues raised by the City or the Council. JUDGMENT VACATED.&nbsp;<a href="/opinions/2007/06c2092.pc.pdf">2006-C -2092 THURMAN AND ROSEMARY KAISER v. HARRY HARDIN, UNITED SERVICES AUTOMOBILE ASSOCIATION, AMY MULLEN, STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.</a>&nbsp;(Parish of Orleans) For the reasons assigned, the judgment of the court of appeal, insofar as it increased the damage awards in favor of Thurman Kaiser and Rosemary Kaiser, is reversed. The judgment of the district court is reinstated and affirmed in its entirety. All costs in this court are assessed against plaintiffs.&nbsp;<a href="/opinions/2007/06ca2814cw0109.pc.pdf">2006-CA-2814 C/W 2007-CA-0109 WASHINGTON ST. TAMMANY ELECTRIC COOPERATIVE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge) In light of the foregoing, the decision of the Nineteenth Judicial District Court is vacated. Additionally, Order No. U-27686 of the Commission, dated November 16, 2005, is likewise vacated. The matter is remanded to the Public Service Commission for consideration of theadministrative law judge's ruling on the exception of prescription filed by Cleco in response to WST's petition for de novo review filed by fax on the fourteenth day following the staff opinion regarding violation of the 300 foot rule. JUDGMENT VACATED; COMMISSION ORDER VACATED; REMANDED TO PUBLIC SERVICE COMMISSION.&nbsp;<a href="/opinions/2007/06b2860.pc.pdf">2006-B -2860 IN RE: PHILIP LAWRENCE</a> (Disciplinary Proceedings) 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 Philip Lawrence, Louisiana Bar Roll Number 22705, be and he hereby is suspended from the practice of law for a period of eighteen months. 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 form the date of finality of this court's judgment until paid.TRAYLOR, J., dissents and would impose greater penalty.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;1st day of April, 2005&nbsp;, are as follows:&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2005/03ka1980.opn.pdf">2003-KA-1980 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. SHAWN J. HIGGINS&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, we set aside the defendant's first degree murder conviction and death sentence. We hereby modify the jury's verdict of guilty of first degree murder and render a judgment of guilty of second degree murder. La. Code Crim. Proc. art. 821(E). We remand the case to the trial court for sentencing of the defendant on the modified judgment to serve life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as provided for in La. R.S. 14:30.1(B). CONVICTION OF FIRST DEGREE MURDER AND DEATH SENTENCE SET ASIDE; JUDGMENT OF GUILTY OF SECOND DEGREE MURDER RENDERED; REMANDED TO THE TRIAL COURT FOR SENTENCING OF DEFENDANT TO LIFE IMPRISONMENT AT HARD&nbsp;LABOR WITHOUT BENEFIT OF PAROLE, PROBATION, OR SUSPENSION OF SENTENCE.JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2005/04ka1841.opn.pdf">2004-KA-1841 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ADRIAN CITIZEN&nbsp;AND STATE OF LOUISIANA V. BENJAMIN G. TONGUIS</a> (Parish of Calcasieu) (Funding for Indigent Defendants in Criminal Cases) For the reasons stated herein, the judgment of the trial court is reversed. We order that unless adequate funds are identified and made available in a manner authorized by law as expressed in this opinion, upon motion of the defendants, the trial judge may halt the prosecution of these cases until adequate funds become available to provide for these indigent defendants' constitutionally protected right to counsel or take other measures consistent with this opinion which protect the constitutional or statutory rights of the defendants. REVERSED AND REMANDED.JOHNSON, J., concurs in part, dissents in part and will assign reasons. KNOLL, J., concurs in the result.&nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2005/04c0473.opn.pdf">2004-C- 0473 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; WILLIS-KNIGHTON MEDICAL CENTER v. CADDO-SHREVEPORT SALES AND USE TAX COMMISSION&nbsp;</a>(Parish of Caddo) For the reasons expressed herein, we affirm the decision of the second circuit court of appeal. However, we remand this matter to the district court for consideration of the constitutionality of&nbsp; LSA-R.S. 47:305(D)(1)(s). AFFIRMED; CASE REMANDED TO DISTRICT COURT.KIMBALL, J., concurs in part and dissents in part and assigns reasons. JOHNSON, J., concurs in part and dissents in part with reasons. TRAYLOR, J., concurs in part and dissents in part and assigns reasons. KNOLL, J., concurs in result and assigns reasons. WEIMER, J., assigns additional reasons.&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2005/04b2064.opn.pdf">2004-B- 2064 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: HENRY J. LAFONT, JR&nbsp;</a>. (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Henry J. Lafont, Jr., Louisiana Bar Roll number 8094, be suspended from the practice of law in Louisiana for a period of ninety days. 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's judgment until paid.Retired Judge Melvin A. Shortess, assigned as Justice ad hoc, sitting for Associate Justice John L. Weimer, recused. JOHNSON, J., would impose a more severe penalty.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #025</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;11th day of April, 2000, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2000/98ka0398.opn.pdf">1998-KA- 0398 STATE OF LOUISIANA v. DAN L. BRIGHT</a> (Parish of Orleans) (First Degree Murder) For the reasons assigned, we set aside the defendant's first degree murder conviction and death sentence. We hereby modify the jury's verdict of guilty of first degree murder and render a judgment of guilty of second degree murder. La. Code Crim. Proc. art. 821(E). We remand the case to the district court for sentencing of the defendant on the modified judgment to serve life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as provided for in La.Rev. Stat. 14:30.1(B). CONVICTION OF FIRST DEGREE MURDER AND DEATH SENTENCE SET ASIDE; JUDGMENT OF GUILTY OF SECOND DEGREE MURDER RENDERED; REMANDED TO THE DISTRICT COURT FOR SENTENCING OF DEFENDANT TO LIFE IMPRISONMENT AT HARD LABOR WITHOUT BENEFIT OF PAROLE, PROBATION, OR SUSPENSION OF SENTENCE.LEMMON, J., not on panel. See Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/98ka0406.opn.pdf">1998-KA- 0406 STATE OF LOUISIANA v. PHILLIP ANTHONY</a> (Parish of Orleans) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) the Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defender Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raises in that original application, if filed, in the state courts.KIMBALL, J., not on panel. See Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/99k1849.opn.pdf">1999-K- 1849 STATE OF LOUISIANA v. ROBERT M. MYERS A/K/A ROBERT WILLIAMS</a> (Parish of Orleans) (Manslaughter, Two Counts) For the foregoing reasons, we reverse the court of appeal's judgment reversing defendant's conviction and sentence for Officer Thomas, and affirm his conviction and sentence for that offense. We affirm the court of appeal's judgment reversing defendant's conviction and sentence for Jessie Lopez.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/99c2402.opn.pdf">1999-C- 2402 DANIEL J. BOUTTE AND HIS WIFE, SANDRA BOUTTE, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD S. B., AND HIS SONS, D. J. B., JR. AND E. M., III v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1, D/B/A WEST JEFFERSON GENERAL HOSPITAL, CHARITY HOSPITAL IN NEW ORLEANS, JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2, D/B/A EAST JEFFERSON GENERAL HOSPITAL, HOTEL DIEU HOSPITAL AND DAUGHTERS OF CHARITY OF ST. VINCENT DE PAUL, INC. D/B/A DAUGHTERS OF CHARITY OF ST. VINCENT DE PAUL, ST. LOUIS, U.S.A.</a> (Parish of Jefferson) For the reasons assigned, the judgment of the court of appeal is reversed and set aside. The judgment of the trial court sustaining the exception of prescription filed by Hotel Dieu Hospital is reinstated; however, the case is remanded to the trial court to allow plaintiffs fifteen days from the finality of this judgment to amend their petition to plead the unconstitutionality of the statutes at issue. In default of such amendment, plaintiffs' suit is dismissed. If the plaintiffs elect to amend, the district court shall conduct further proceedings according to law and consistent with the views herein expressed. Costs in this court are assessed against the plaintiffs and the assessment of other costs is to await the final outcome of the suit.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99c2573.opn.pdf">1999-C- 2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER v. RELIANCE INSURANCE COMPANY</a> (Parish of Lafayette) For the foregoing reasons, the judgment of the trial court granting summary judgment on the issue of uninsured/underinsured motorist coverage in favor of plaintiffs, Leer Carrier and his wife, Mary Beth Carrier, and intervenor, Casualty Reciprocal Exchange, is reversed, the motions for summary judgment are denied, and the case is remanded to the district court for further proceedings.KNOLL, J., not on panel. Rule IV, Part II, &sect;3.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/99k1803.opn.pdf">1999-K- 1803 STATE OF LOUISIANA v. COBY MYERS</a> (Parish of Jefferson) (Simple Burglary) For the foregoing reasons, we hold the trial judge erred in not addressing defense counsel's Batson objections and this error raises serious federal constitutional equal protection issues affecting the rights of both the defendant and the excused venirepersons. Thus, defendant's conviction is reversed and the case remanded to the trial court for a new trial. REVERSED AND REMANDED.CALOGERO, C.J., not on panel. See Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/99k1283.opn.pdf">1999-K- 1283 STATE OF LOUISIANA v. BENJY WELCH</a> (Parish of Ascension) (Molestation of a Juvenile) For the reasons stated, the defendant's conviction and sentence are reversed. The case is remanded to the trial court for a new trial. REVERSED AND REMANDED.MARCUS, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/98ka3118.opn.pdf">1998-KA- 3118 STATE OF LOUISIANA v. JESSIE D. HOFFMAN</a> (Parish of St. Tammany) (First Degree Murder) For the reasons assigned herein, Hoffman's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the Defendant fails to petition timely the United Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the Defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in state courts.MARCUS, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/99c1730.opn.pdf">1999-C- 1730 ROLAND GIBSON, JESSIE GIBSON, ROLAND GIBSON, JR. AND DENNIS GIBSON v. THE STATE OF LOUISIANA, JOHN ST. JOHN AND LLOYD WEST</a> (Parish of Orleans) Based on the totality of the circumstances, the Police had probable cause to believe Gibson had committed first degree murder and were therefore justified in arresting him. The trial court and court of appeal erred in assessing any fault to the City. Therefore, we reverse the portions of the rulings of the civil court and court of appeal finding the Police liable for false arrest based upon a lack of probable cause. REVERSED.JOHNSON, J., not on panel. See Rule IV, Part 2, &sect;3. CALOGERO, C.J., concurs and will assign reasons. <a href="/opinions/2000/99c1730.htl.pdf">LEMMON, J., concurs and assigns reasons.</a>&nbsp;&nbsp;</div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #024</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 9th day of July, 2020 are as follows:<h1>BY Crichton, J.:</h1><a href="/Opinions/2020/19-1496.C.OPN.pdf">2019-C-01496 MATTHEW A. DEPHILLIPS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED VS. HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH, DOING BUSINESS AS NORTH OAKS MEDICAL CENTER/NORTH OAKS HEALTH SYSTEM C/W EARNEST WILLIAMS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED VS. HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH D/B/A NORTH OAKS HEALTH SYSTEM AND NORTH OAKS MEDICAL CENTER, AND LOUISIANA HEALTH SERVICE &amp; INDEMNITY COMPANY D/B/A BLUE CROSS BLUE SHIELD OF LOUISIANA</a> (Parish of Tangipahoa) This matter arises from alleged violations of the Health Care Consumer Billing and Disclosure Protection Act, La. R.S. 22:1871, et seq. (&ldquo;Balance Billing Act&rdquo; or &ldquo;Act&rdquo;). We granted this writ to resolve the question of whether a patient&rsquo;s claims against a contracted healthcare provider for an alleged violation of La. R.S. 22:1874(A)(1) are delictual in nature. For the reasons set forth below, we affirm the court of appeal, finding plaintiff&rsquo;s claims are delictual in nature and subject to a one-year prescriptive period. AFFIRMED. REMANDED.Retired Judge James Boddie, Jr., appointed Justice ad hoc, sitting for Justice Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. Crain, J., additionally concurs and assigns reasons.&nbsp;<h1>BY Boddie, J.:</h1><a href="/Opinions/2020/18-1012.KH.OPN.pdf">2018-KH-01012 STATE OF LOUISIANA VS. DERRICK L. HARRIS</a> (Parish of Vermilion) We granted this writ to consider whether relator Derrick Harris, who is serving a life sentence imposed pursuant to the Habitual Offender law, may litigate a claim of ineffective assistance of counsel at sentencing on post-conviction review. Given the fundamental right involved, after a review of the record, we hold relator&rsquo;s ineffective assistance of counsel at sentencing claim is cognizable on collateral review. Thus, we grant relator&rsquo;s writ, in part, and remand the matter to the trial court for an evidentiary hearing to consider his claim of ineffective assistance of counsel at sentencing.Retired Judge James Boddie, Jr., appointed Justice ad hoc, sitting for Justice Clark.Johnson, C.J., concurs for the reasons assigned by Crichton, J. Weimer, J., concurs and assigns reasons. Crichton, J., concurs with the result and assigns reasons. Genovese, J., concurs with the result for the reasons assigned by Johnson, C.J. and Crichton, J. Crain, J., dissents and assigns reasons.&nbsp;<h1>PER CURIAM:</h1><a href="/Opinions/2020/19-1273.KK.OPN.pdf">2019-KK-01273 STATE OF LOUISIANA VS. JASON M. MICHAEL</a> (Parish of Ascension) We find that the district court did not err in denying defendant&rsquo;s motion to suppress the BAC evidence and that Birchfield does not require the BAC results to be suppressed in this case. The matter is remanded to the district court for further proceedings consistent with the views expressed herein. AFFIRMED AND REMANDED.Retired Judge James Boddie, Jr., appointed Justice ad hoc, sitting for Justice Clark.&nbsp;<a href="/Opinions/2020/19-0073.KH.OPN.pdf">2019-KH-00073 STATE OF LOUISIANA VS. ROBERT E. RICARD, JR.</a> (Parish of Tangipahoa) While it is conceivable that the sentencing range in the molestation jury instruction (to which counsel did not object) had an effect on the outcome of the proceeding, defendant must show a reasonable probability that, but for counsel&rsquo;s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. It is not enough to show that the errors had some conceivable effect on the outcome of the proceeding. Counsel&rsquo;s errors must be so serious as to deprive the defendant of a fair trial in which the result is reliable. Defendant, who presents only a conceivable possibility, has failed to carry his post-conviction burden of establishing a reasonable probability sufficient to undermine confidence in the verdict. Accordingly, we affirm the denial of relief on collateral review. AFFIRMED.Retired Judge James Boddie, Jr., appointed Justice ad hoc, sitting for Justice Clark. Retired Justice Jeannettte Knoll appointed as Justice ad hoc sitting for Crain, J., recused in case number 2019-KH-00073 only.Crichton, J., concurs for the reasons assigned by Knoll, J. Knoll, J., concurs and assigns reasons.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #024</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;9th day of April, 2003, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2003/2002k0992.opn.pdf">2002-K -0992 STATE OF LOUISIANA v. JERRY TONEY</a>&nbsp;(Parish of Orleans) (Possession of Cocaine with Intent to Distribute, Multiple Offender) Accordingly, the trial court judgment quashing the multiple bill is hereby reversed. The case is remanded to the trial court for a prompt hearing on the multiple offender bill. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2003/2002c1147.opn.pdf">2002-C- 1147 PAMELA DUFRENE v. VIDEO CO-OP&nbsp;AND LOUISIANA WORKERS' COMPENSATION CORPORATION</a> (Office Of Workers' Compensation Dist. 5) Accordingly, the judgment of the court of appeal is reversed and the case remanded to the Office of Workers' Compensation for proceedings consistent with this opinion. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED TO OFFICE OF WORKERS' COMPENSATION.VICTORY, J., dissenting in part with reasons. TRAYLOR, J., concurs for reasons assigned by Weimer, J. WEIMER, J., concurs with reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2003/2002c1913.opn.pdf">2002-C -1913 SHIRLEY ANN GINN v. WOMAN'S HOSPITAL&nbsp;FOUNDATION, INC. AND SHIRLEY ANN GINN v. WOMAN'S HOSPITAL FOUNDATION, INC., LOUISIANA PATIENT'S COMPENSATION FUND</a> (Parish of E. Baton Rouge) The judgments of the lower courts approving the settlement are reversed, and this case is remanded to the district court for proceedings not inconsistent with the opinion expressed herein. REVERSED AND REMANDED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/2002c2043.opn.pdf">2002-C- 2043 LORRAINE G. PALMER v. LOUISIANA STATE BOARD&nbsp;OF ELEMENTARY AND SECONDARY EDUCATION</a> (Parish of E. Baton Rouge) We hereby reverse the decision of the court of appeal and reinstate the decision of the trial court. REVERSED AND REMANDEDVICTORY, J., concurs. TRAYLOR, J., dissents with reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/2001k1406.opn.pdf">2001-K- 1406 STATE OF LOUISIANA v. JOHN SYLVIA</a>&nbsp;(Parish of Orleans) (Attempted Possession of Cocaine) Accordingly, for the foregoing reasons, we affirm the judgment of the court of appeal. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents. JOHNSON, J., dissents.&nbsp;<a href="/opinions/2003/2002c1978.opn.pdf">2002-C -1978 STATE OF LOUISIANA BOARD OF ETHICS v. CORBETT OURSO, JR.</a> (Parish of Tangipahoa) For the foregoing reasons, the judgment of the court of appeal is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/2002c1928.opn.pdf">2002-C -1928 LOUISIANA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1993 INC. v. FAIR GROUNDS&nbsp;CORPORATION, FIRST STATEWIDE RACING COMPANY, INC., D/B/A EVANGELINE DOWNS, LOUISIANA DOWNS, INC., DELTA DOWNS RACING ASSOCIATION, INC., AND LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a> (Parish of E. Baton Rouge) For the foregoing reasons, the ruling of the court of appeal is reversed, the judgment of the trial court is reinstated, and the 
 matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.KIMBALL, J., concurs in the result. VICTORY, J., concurs in the result.&nbsp;<a href="/opinions/2003/2002c2028.opn.pdf">2002-C -2028 JOHN H. BROWN v. MARY LYLES ADAIR, KENNETH SINGLETARY, MARY LYLES ADAIR, INC. AND XYZ INSURANCE COMPANY</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgments of the trial court and court of appeal in favor of defendants are reversed. The judgment is amended to allow the Brown's tort suit to proceed and the case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2003/2002k0333.opn.pdf">2002-K -0333 STATE OF LOUISIANA v. JAMES THOMPSON</a>&nbsp;(Parish of Orleans)&nbsp; (Possession of Heroin; Two Counts)&nbsp; For the foregoing reasons, the ruling of the Fourth Circuit as to count one is reversed and set aside, and defendant's original conviction and sentence imposed by the trial court is reinstated. REVERSED.JOHNSON, J., dissents.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2003/2002c1072.opn.pdf">2002-C -1072 LOUISE ALLEN v. THE STATE OF LOUISIANA&nbsp;THROUGH THE ERNEST N. MORIAL - NEW ORLEANS EXHIBITION HALL AUTHORITY AND SCOTTSDALE INSURANCE COMPANY</a> (Parish of Orleans) Accordingly, for the reasons expressed above, the decision of the court of appeal is reversed and the judgment of the district court granting summary judgment in favor of defendants is reinstated. CALOGERO, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1201.opn.pdf">2002-K -1201 STATE OF LOUISIANA v. PHILLIP LENTZ, JR</a>. (Parish of Livingston) (Attempted Aggravated Burglary, Two Counts) For the foregoing reasons, we reverse the opinion rendered by the appellate court, reinstate the convictions and sentences, and remand the matter to the appellate court for consideration of defendant's remaining assignment of error. REVERSED AND REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/2002k0934.pc.pdf">2002-K -0934 STATE OF LOUISIANA v. EARL DABNEY</a>&nbsp;(Parish of St. Landry) (Possession of a Firearm by a Convicted Felon; Possession of a Firearm while in Possession of Controlled Substances) The decision of the Third Circuit is therefore reversed and this case is remanded to the court of appeal for consideration of respondent's remaining assignment of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED FOR FURTHER CONSIDERATION.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2003/2002k1126.pc.pdf">2002-K -1126 STATE OF LOUISIANA v. MILTON TESS PATIN</a>&nbsp;(Parish of Iberville) (Carnal Knowledge of a Juvenile) Accordingly, the judgment of the court of appeal is affirmed to the extent that it upholds the trial court's decision to relieve respondent of the specific condition of probation imposed by La.C. Cr.P. art. 895(H)(1) that he comply with the sex offender requirements of La.R.S. 15:542. However, any implications arising from the court of appeal opinion that a waiver granted under La.C.Cr.P. art 895(H)(4) may exempt a probationer from the duty to comply with the registration and notice requirements of La.R.S. 15:542, or risk incurring additional criminal sanctions, are expressly disavowed. JUDGMENT OF COURT OF APPEAL AFFIRMED IN PART, MODIFIED IN PART.WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1406.pc.pdf">2002-K -1406 STATE OF LOUISIANA v. KENYON R. WILLIAMS&nbsp;</a>(Parish of Plaquemines) (Aggravated Battery; Two Counts of Unauthorized Entry of an Inhabited Dwelling) The decision of the court of appeal is therefore reversed, relator's conviction and sentence are vacated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE VACATED; CASE REMANDED.TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002c1496.pc.pdf">2002-C- 1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS v. JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC. AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO</a> (Parish of Caddo) Upon defendants' application, we granted certiorari in this case. McGrail v. Lee, 2002-1496 (La. 10/4/02), 826 So.2d 1110. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of October 4, 2002, as improvidently granted, and we deny defendants' application.CALOGERO, C.J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents.&nbsp;<a href="/opinions/2003/02B2698.pc.pdf">2002-B -2698 IN RE: CHARLES WILLIAMS</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, it is ordered that Charles Williams be suspended from the practice of law in Louisiana for a period of two years. It is further ordered that all but one year and one day of this suspension shall be deferred. If and when respondent applies for reinstatement to the practice of law, he shall satisfy all conditions set forth by this court in Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La. 1986). If reinstatement is granted, respondent shall be placed on supervised probation for a period of one year. Any misconduct during that time will be grounds for making the deferred portion of the suspension executory. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B2764.pc.pdf">2002-B -2764 IN RE: DARRYL JACKSON</a> (Disciplinary Proceedings) 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 Darryl Jackson be suspended from the practice of law for a period of six months, three months of which shall be deferred. Following the active portion of his suspension, respondent shall be placed on probation for a period of one year, subject to the requirement that he successfully complete the Louisiana State Bar Association's Ethics School program. Any misconduct by respondent during the period of probation shall be grounds for imposition of the deferred portion of the suspension, or additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B2873.pc.pdf">2002-B -2873 IN RE: PETER RALPH BRIGANDI</a> (Disciplinary Proceedings) 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 Peter Ralph Brigandi be reprimanded for the conduct forming the basis of Count I. For the conduct forming the basis of Count II, it is ordered that respondent be suspended from the practice of law for a period of two years, with all but six months deferred. Following the active portion of his suspension, respondent shall be placed on supervised probation for a period of eighteen months with the condition he attend the Louisiana State Bar ssociation's Ethics School program. Any violation of the condition of probation or any other 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, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B3062.pc.pdf">2002-B -3062 IN RE: AUDWIN L. JACKSON</a> (Disciplinary Proceedings) 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 Audwin L. Jackson be suspended from the practice of law for a period of two years.&nbsp; It is further ordered that all but one year and one day of this suspension shall be deferred. If and when respondent applies for and is granted reinstatement to the practice of law, he shall be placed on supervised probation for a period of one year. Any misconduct during that time will be grounds for making the deferred portion of the suspension executory. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #024</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;22th day of March, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2002/00kp0522.opn.pdf">2000-KP- 0522 STATE OF LOUISIANA v. JOSEPH HAMPTON&nbsp;</a>(Parish of Orleans) For the foregoing reasons, we REVERSE the decision of the court of appeal and REINSTATE the trial court's grant of the defendant's post-conviction relief petition. This case is REMANDED to the district court for action consistent with this opinion.&nbsp; Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp; <a href="/opinions/2002/00kp0522.jpv.pdf">VICTORY, J., concurs&nbsp;</a>in the result with reasons. TRAYLOR, J., dissents for reasons assigned by Knoll, J. <a href="/opinions/2002/00kp0522.jtk.pdf">KNOLL, J., dissents&nbsp;</a>and assigns reasons. <a href="/opinions/2002/00kp0522.rll.pdf">LOBRANO, J., dissents&nbsp;</a>and assigns reasons.&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #024</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;19th day of March, 2001, are as follows:&nbsp; &nbsp;BY LEMMON, J.:<a href="/opinions/2001/00c1306.pc.pdf">2000-C- 1306 ANGELA JURADO v. GEORGE HYOT BRASHEAR</a> (Parish of St. Tammany) The portion of the judgments of the lower courts upholding the jurisdiction of the Louisiana court to modify the child support order and increasing Brashear's child support obligation is reversed. In all other respects, the judgments of the lower courts regarding child support are affirmed.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 5th day of May, 2023 are as follows:&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2023/22-0214.K.OPN.pdf">2022-K-00214&nbsp;STATE OF LOUISIANA VS. KYRAN JAVON VAUGHN</a>&nbsp;(Parish of St. Tammany) REVERSED AND REMANDED. SEE OPINION.Crichton, J., dissents for the reasons assigned by Justice Genovese and assigns additional reasons. Genovese, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Justice Genovese. &nbsp;<a href="/opinions/2023/22-1784.CC.OPN.pdf">2022-CC-01784&nbsp;GABRIELLE C. JAMESON AND KIM L. JAMESON WIFE OF/AND BOBBY A. JAMESON VS. HONORABLE WARREN L. MONTGOMERY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS THE DISTRICT ATTORNEY OF ST. TAMMANY PARISH, IAIN DOVER, IN HIS INDIVIDUAL CAPACITY AND UNDERWRITERS AT LLOYD'S LONDON A/K/A LLOYD'S ILLINOIS, INC.</a>&nbsp;(Parish of St. Tammany) REVERSED; EXCEPTION OF NO CAUSE OF ACTION SUSTAINED. SEE OPINION.Weimer, C.J., concurs in the result and assigns reasons. Hughes, J., dissents in part and assigns reasons. Genovese, J., dissents. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2023/22-1455.C.OPN.pdf">2022-C-01455&nbsp;WILBERT JONES VS. STATE OF LOUISIANA</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED. SEE OPINION.Crain, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/22-1506.KP.OPN.pdf">2022-KP-01506&nbsp;STATE OF LOUISIANA VS. CHARLES CHANDLER</a>&nbsp;(Parish of St. Mary) REVERSED. SEE PER CURIAM.Hughes, J., dissents and would affirm the court of appeal. Crichton, J., additionally concurs and assigns reasons. McCallum, J., additionally concurs and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2023/22-1205.K.OPN.pdf">2022-K-01205&nbsp;STATE OF LOUISIANA VS. MARSHALL J. ALEXANDER, JR.</a>&nbsp;(Parish of St. Martin) AFFIRMED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents. &nbsp;<a href="/opinions/2023/22-1822.B.OPN.pdf">2022-B-01822&nbsp;IN RE: CLINT L. PIERSON, JR.</a> DISBARMENT IMPOSED. SEE PER CURIAM.Retired Justice E. Joseph Bleich appointed Justice ad hoc, sitting for&nbsp;Crain, J., recused in case number 2022-B-01822 only. &nbsp;<a href="/opinions/2023/22-1803.B.OPN.pdf">2022-B-01803&nbsp;IN RE: WILLIAM A. ROE</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Crain, J., concurs and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%)><tbody><tr valign=" top"=""><tbody><tr><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top" style="">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 13th day of May, 2022 are as follows: &nbsp;<h1>BY Genovese, J.: </h1><a href="/opinions/2022/21-0954.C.OPN.pdf">2021-C-00954 MEDICAL REVIEW PANEL FOR THE CLAIM OF RICHARD BUSH, DECEASED, ET AL. PCF NO. 2018-01209</a> (Parish of St. Bernard) REVERSED IN PART. AFFIRMED IN PART. REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. SEE OPINION. &nbsp;<h1>BY Crain, J.: </h1><a href="/opinions/2022/21-0876.KK.OPN.pdf">2021-KK-00876 STATE OF LOUISIANA VS. MARK ANTHONY SPELL</a> (Parish of East Baton Rouge) TRIAL COURT JUDGMENT REVERSED. MOTION TO QUASH GRANTED. SEE OPINION. Weimer, C.J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Griffin, J., dissents for the reasons assigned by C.J. Weimer. &nbsp;<h1>PER CURIAM: </h1><a href="/opinions/2022/21-1487.B.OPN.pdf">2021-B-01487 IN RE: MICHAEL D. COX</a> DISBARMENT IMPOSED. SEE PER CURIAM. &nbsp;<a href="/opinions/2022/22-0073.B.OPN.pdf">2022-B-00073 IN RE: SEDRIC E. BANKS</a> SUSPENSION IMPOSED. SEE PER CURIAM. Retired Judge Frank H. Thaxton appointed Justice ad hoc, sitting for McCallum, J., recused case number 2022-B-00073 only. Hughes, J., concurs in part, dissents in part and assigns reasons. Crichton, J., concurs in part, dissents in part for the reasons assigned by J. Thaxton. Thaxton, J., concurs in part, dissents in part and assigns reasons. &nbsp;<a href="/opinions/2022/21-0831.KK.OPN.pdf">2021-KK-00831 STATE OF LOUISIANA VS. CHRYSTAL CLUES-ALEXANDER</a> (Parish of St. Martin) REVERSED AND REMANDED. SEE PER CURIAM. Hughes, J., dissents for the reasons assigned by J. Griffin. Griffin, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2022/21-1853.B.OPN.pdf">2021-B-01853 IN RE: MICHELLE ANDRICA CHARLES</a> SUSPENSION IMPOSED. SEE PER CURIAM. &nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td 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&nbsp;5th day of May, 2015, are as follows:&nbsp;BY KNOLL, J.:<a href="/opinions/2015/14C2243.opn.pdf">2014-C -2243	PRENTISS BAKER AND SHERYL WIGINTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. PHC-MINDEN, L.P. D/B/A MINDEN MEDICAL CENTER</a>&nbsp;(Parish of Webster)For these reasons, we reverse the judgment of the Court of Appeal and hereby reinstate the judgment of the District Court. This case is remanded to the District Court for further proceedings REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED AND REMANDED.GUIDRY, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2015/14CQ1921.opn.pdf">2014-CQ-1921	DANNY KELLY v. STATE FARM FIRE &amp; CASUALTY COMPANY</a>&nbsp;(United States Fifth Circuit Court of Appeals)We answer the certified questions as set forth in this opinion. Pursuant to Louisiana Supreme Court Rule XII, the judgment rendered by this court on the questions certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTIONS ANSWERED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2015/13C2878cw13C2981.opn.pdf">2013-C -2878 C/W 2013-C -2981 JAMES CLIFFORD ARRANT, ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W MARVIN JACK BARNETT, JR., ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W KENNETH NOEL BAIN, SR., ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W GEORGE EMORY BUTLER, ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W W.H. AUTTONBERRT, ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W JIMMIE DEWAYNE BAUGH, ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL. C/W MELVIN ELLIS BORDELON, ET AL. v. GRAPHIC PACKAGING INTERNATIONAL, INC., ET AL.</a>&nbsp;(Parish of Ouachita)Accordingly, the court of appeal properly reversed the judgment of the district court and dismissed the plaintiffs&rsquo; claims. The judgment of the court of appeal dismissing the plaintiffs&rsquo; tort claims with prejudice is affirmed.JOHNSON, C.J., dissents for reasons assigned by Knoll, J.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2015/14C1499.opn.pdf">2014-C -1499	JOHN WALTER BOUDREAUX v. PAUL CHRISTOPHER CUMMINGS</a>&nbsp;(Parish of Vermilion)Retired Judge H. Charles Griffin, assigned as Justice ad hoc, sitting for Guidry, J., recused.For the foregoing reasons, we find Boudreaux was a precarious possessor of the predial servitude, who never gave actual notice of his intent to possess on his own. Accordingly, acquisitive prescription could not and did not run in his favor. We reverse the court of appeal&rsquo;s judgment and render judgment in favor of Cummings. REVERSED AND RENDEREDKNOLL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons. HUGHES, J., dissents for reasons assigned by Knoll and Crichton. CRICHTON, J., dissents and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.:<a href="/opinions/2015/14CC1025.opn.pdf">2014-CC-1025	STATE OF LOUISIANA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, IN THE INTEREST OF A.L. v. THOMAS ROBERT LOWRIE</a>&nbsp;(Parish of Jefferson)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.Accordingly, we reverse the Jefferson Parish Juvenile Court&rsquo;s February 24, 2014 judgment of dismissal, and we remand this matter to the Jefferson Parish Juvenile Court for further proceedings consistent with the foregoing. REVERSED AND REMANDED.WEIMER, J., additionally concurs with reasons. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/13KH0072.opn.pdf">2013-KH-0072	STATE EX REL. HERBERT NICHOLSON v. STATE OF LOUISIANA</a>&nbsp;(Parish of Orleans)The Department of Corrections is directed to amend relator&rsquo;s master prison record in accord with the views expressed herein.CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14C1964.opn.pdf">2014-C -1964	CLYDE SNIDER, JR., ET UX v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Beauregard)For the reasons assigned, the judgment of the court of appeal is reversed. The case is remanded to the court of appeal for further proceedings consistent with this opinion.JOHNSON, C.J., dissents. KNOLL, J., dissents and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14B2544.opn.pdf">2014-B -2544	IN RE: REJOHNNA BROWN-MITCHELL</a>&nbsp;(Disciplinary Board)Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the brief filed by the ODC, and oral argument, it is ordered that ReJohnna Brown-Mitchell, Louisiana Bar Roll number 17487, be and she hereby is disbarred. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent shall make restitution as set forth in this opinion. 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.CRICHTON, J., concurs in part and dissents in part and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;24th day of April, 2009, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/08B2356.opn.pdf">2008-B -2356 IN RE: JOHN E. DEMORUELLE</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 John E. Demoruelle, Louisiana Bar Roll number 4860, be and he is hereby 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, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.VICTORY, J., concurs in part and dissents in part for the reasons assigned by Justice Weimer. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;24th day of April, 2006, is as follows:BY TRAYLOR, J.: <a href="/opinions/2006/03KA3067.pdf">2003-KA- 3067 STATE OF LOUISIANA v. MICHAEL WEARY</a>&nbsp;(Parish of Livingston) (First Degree Murder) For the reasons assigned herein, and within the unpublished appendix made part of this opinion, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either:(1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. C.Cr.P.art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La.R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED. JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;30th day of March, 2005&nbsp;, is as follows: BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2005/05c0758.opn2.pdf">2005-C- 0758 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARILYN LANDIAK v. CEDRIC L. RICHMOND, FOX MCKEITHEN, SECRETARY OF STATE OF LOUISIANA, AND KIMBERLY WILLIAMSON BUTLER, CLERK OF CRIMINAL COURT OF ORLEANS PARISH</a> (Parish of Orleans) For the above-stated reasons, judgment is rendered in favor of plaintiff and against defendants on plaintiff's petition objecting to candidacy, declaring Cedric Richmond ineligible as a candidate for the office of Councilmember District "D" for the City of New Orleans, and he is accordingly disqualified. It is hereby directed that the Secretary of State of the State of Louisiana be served with a certified copy of the final judgment in this case pursuant to La. Rev. Stat. 18:1410. The Secretary of State is ordered to void those votes for Cedric Richmond that may have been cast in the on-going absentee voting or that might be cast in the election of April 2, 2005, should the Secretary of State be unable to restructure the ballot and/or voting machines before that time. Id. COURT OF APPEAL JUDGMENT REVERSED; &nbsp;JUDGMENT RENDERED.JOHNSON, J., recused. KIMBALL, J., concurs in the result and assigns reasons. WEIMER, J., concurs for the reasons assigned by Kimball, J.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #023</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;16th day of March, 2001, are as follows:&nbsp;
 &nbsp;BY LEMMON, J.:<a href="/opinions/2001/00k0453.opn.pdf">2000-K- 0453 STATE OF LOUISIANA v. CHARLES O. POLAND&nbsp;</a>(Parish of Franklin) (Manslaughter) The judgment of the court of appeal that reversed defendant's conviction is now reversed, and the conviction and sentence are reinstated.CALOGERO, C.J., dissents for reasons assigned by Justice Kimball. <a href="/opinions/2001/00k0453.cdk.pdf">KIMBALL, J., dissents and assigns reasons</a>.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00k0589.pc.pdf">2000-K- 0589 STATE OF LOUISIANA v. NATASHA MARSTON</a> (Parish of Caddo) (Forgery) Accordingly, the decision of the court of appeal is reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for purposes of execution of sentence. JUDGMENT OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #022</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 10th day of May, 2024 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2024/23-0955.CC.OPN.pdf">2023-CC-00955&nbsp;CATHERINE EVANS, ET AL. VS. ABUBAKER, INC., ET AL.</a>&nbsp;(Parish of Natchitoches) REVERSED; SUMMARY JUDGMENT GRANTED; REMANDED. SEE OPINION.Weimer, C.J., concurs in the result and assigns reasons. Genovese, J., dissents and assigns reasons. Crain, J., concurs and assigns reasons. Griffin, J., concurs for the reasons assigned by Chief Justice Weimer and Justice Crain. &nbsp;&nbsp;<h1>BY Crichton, J.:</h1><a href="https://www.lasc.org/opinions/2024/23-0723.KK.OPN.pdf">2023-KK-00723&nbsp;STATE OF LOUISIANA VS. KATHLEEN MOUTON</a>&nbsp;(Parish of Jefferson Davis) REVERSED. SEE OPINION.Crain, J., dissents and assigns reasons. McCallum, J., dissents for reasons assigned by Justice Crain.&nbsp;<a href="/opinions/2024/23-1358.CC.OPN.pdf">2023-CC-01358&nbsp;DANIEL BENNETT VS. DEMCO ENERGY SERVICES, LLC, FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE, COX COMMUNICATIONS, INC., COX COMMUNICATIONS LOUISIANA, LLC AND CABLE MAN, INC.</a>&nbsp;(Parish of East Baton Rouge) REVERSED AND REMANDED. SEE OPINION.&nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2024/23-1107.C.OPN.pdf">2023-C-01107&nbsp;SCOTT WESLEY EASTMAN, ET UX. VS. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Calcasieu) REVERSED; TRIAL COURT JUDGMENT VACATED; VERDICT OF THE JURY REINSTATED. SEE OPINION.Hughes, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/23-0501.K.OPN.pdf">2023-K-00501&nbsp;STATE OF LOUISIANA VS. MARVIN SANTIAGO</a>&nbsp;(Parish of St. Bernard) REVERSED AND REINSTATED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for reasons assigned by Chief Justice Weimer. Crichton, J., additionally concurs and assigns reasons. Griffin, J., dissents for reasons assigned by Chief Justice Weimer. &nbsp;&nbsp;</div></div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #022</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody">The Opinions handed down on the 20th day of May, 2021 are as follows: BY Crichton, J.:<a href="/Opinions/2021/20-1037.CA.OPN.pdf" target="_blank">2020-CA-01037 CONRAD COMEAUX, IN HIS OFFICIAL CAPACITY AS ASSESSOR FOR LAFAYETTE PARISH VS. THE LOUISIANA TAX COMMISSION &amp; KRAIG THOMAS STRENGE &amp; KELLY PARKS STRENGE</a> (Parish of East Baton Rouge)REVERSED IN PART; AFFIRMED IN PART. SEE OPINIONWeimer, C.J., concurs in part, dissents in part and assigns reasons. Hughes, J., concurs in part, dissents in part and assigns reasons. Griffin, J., concurs in part, dissents in part and assigns reasons. &nbsp; &nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #022</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;22nd day of April, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/16CA0587.opn.pdf">2016-CA-0587	MICHAEL MUDGE, WILLIAM H. MONIES, JR., CINDY COLE HERMANN, &amp; RALPH HERMANN v. PLAQUEMINES PARISH COUNCIL, THROUGH BYRON MARINOVICH, KEITH HINKLEY, PERCY V. GRIFFIN, KIRK LEPINE, DR. STUART J. GUEY, JR., ANTHONY BURAS, BURGHART TURNER, JEFF EDGECOMBE, AND MARLA COOPER</a>&nbsp;(Parish of Plaquemines)Accordingly, the judgment of the district court is vacated. The case is remanded to the district court for further proceedings.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #022</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;14th day of March, 2008, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2008/07C1915cw07C1998.opn.pc.pdf">2007-C -1915 C/W 2007-C -1998 TERRELL PARFAIT v. TRANSOCEAN OFFSHORE, INC., AND SHELL OIL PRODUCTS CO.</a>&nbsp;(Parish of Orleans) Accordingly, we now hold that, because the en banc panel of the court of appeal remains evenly split, no majority has concurred to reverse or modify the trial court's damages award and, thus, the effect of the court of appeal vote is to affirm the trial court's judgment on damages as rendered. Remaining otherwise as written, the decree of the court of appeal shall now read as follows:Judgment in favor of Plaintiff is reversed, in part, to dismiss his claims against Shell and to vacate the damage award. Judgment in favor of Plaintiff is amended in part, to cast Transocean 100% at fault and award Plaintiff total damages in the amount of $1,701,029.11.Retired Judge Lemmie O. Hightower, assigned as Associate Justice Ad Hoc, sitting for Associate Justice Chet D. Traylor, recused.KIMBALL, J., concurs in the result and assigns reasons. VICTORY, J., dissents from the per curiam and concurs in the order and assigns reasons.&nbsp; WEIMER, J., dissents in part and concurs in part for the reasons assigned by Justice Victory.&nbsp; HIGHTOWER, J., dissents from the per curiam for the reasons assigned by Justice Victory and concurs in the order.&nbsp;<a href="/opinions/2008/07C1915cw07C1998.opn.ord.pdf">2007-C -1915 C/W 2007-C -1998 TERRELL PARFAIT v. TRANSOCEAN OFFSHORE, INC., AND SHELL OIL PRODUCTS CO.</a>&nbsp;(Parish of Orleans) ORDER Because our disposition in the accompanying per curiam opinion on the construction of the court of appeal's judgment changes the procedural posture of this case, we decline to consider the remaining assignments of error presented in the parties' writ applications in Nos. 2007-C-1915 and 2007-C-1998. However, within fourteen days from the date of this order, the parties shall be permitted to file applications raising any errors in the judgment of the court of appeal, as clarified by the accompanying per curiam opinion handed down this date.&nbsp; Retired Judge Lemmie O. Hightower, assigned as Associate Justice Ad Hoc, sitting for Associate Justice Chet D. Traylor, recused.&nbsp; Kimball, J. dissents and would deny the opportunity for filing of additional writ applications based upon the parties' assurances at oral argument that the only procedural remedy now available is rehearing.&nbsp; Knoll, J. dissents.<div></div>&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #022</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of February, 2004, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03cc1801.opn.pdf">2003-CC-1801 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SCOTTY L. MAYO AND MELISSA DENISE MAYO v. STATE FARM&nbsp;MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.</a> (Parish of Rapides) For the foregoing reasons, the judgment of the court of appeal is reversed, and the judgment of the trial court denying State Farm's motion for summary judgment is reinstated. Because of our conclusions, this matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED.VICTORY, J., concurs in the result.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03KA1404.opn.pdf">2003-KA-1404 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. IFIANY OBRINNA UMEZULIKE&nbsp;</a>(Parish of Lafayette) (Possession of Marijuana; Possession of Drug Paraphernalia) Accordingly, we remand this case back to the trial court to hold a hearing on the merits of defendant's motion to suppress before a duly elected judge. REVERSED AND REMANDED.VICTORY, J., concurs in the result. WEIMER, J., concurs in part and dissents in part, and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2004/03c1767.opn.pdf">2003-C -1767 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; NANCY LOCKETT AND RONNY LOCKETT, HUSBAND AND WIFE v. THE STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of E. Baton Rouge) For the foregoing reasons, we affirm the judgments of the trial court and court of appeal. AFFIRMED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03b2738.pc.pdf">2003-B -2738 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JOSEPH W. THOMAS</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Joseph W. Thomas, Louisiana Bar Roll number 8163, be suspended from the practice of law for a period of three 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's judgment until paid.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="" width="90%"><tbody><tr style="" valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td 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 8th day of May, 2019, are as follows:&nbsp;BY JOHNSON, C.J.:<a href="/opinions/2019/18-1728.CQ.OPN.pdf">2018-CQ-1728 STEMCOR USA INCORPORATED v. CIA SIDERURGICA DO PARA COSIPAR, ET AL.</a> We accepted the certified question presented to this court by the United States Fifth Circuit Court of Appeals in Stemcor USA Incorporated v. CIA Siderurgica Do Para Cosipar, et al, 740 Fed. Appx. 70 (5th Cir. 2018): &ldquo;Is a suit seeking to compel arbitration an &lsquo;action for a money judgment&rsquo; under Louisiana&rsquo;s non-resident attachment statute, La. Code Civ. Proc. art. 3542?&rdquo;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;For the reasons set forth below, we answer the question as follows: Louisiana Code of Civil Procedure article 3542 allows for attachment in aid of arbitration if the origin of the underlying arbitration claim is one pursuing money damages and the arbitral party has satisfied the statutory requirements necessary to obtain a writ of attachment.GUIDRY, J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by Justice Guidry.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2019/18-1768.CC.OPN.pdf">2018-CC-1768 THE STATE OF LOUISIANA, EX REL. JAMES D. "BUDDY" CALDWELL, ATTORNEY GENERAL&nbsp; v.&nbsp; MOLINA HEALTHCARE, INC; MOLINA INFORMATION SYSTEMS, L.L.C. D/B/A MOLINA MEDICAID SOLUTIONS; PARAMAX SYSTEMS CORPORATION; AND UNISYS CORPORATION</a> (Parish of E. Baton Rouge) The writ application was granted in this matter to review the correctness of the appellate court&rsquo;s ruling, sustaining an exception of no right of action for the Attorney General&rsquo;s lawsuit against the defendants, which are corporate entities allegedly serving as the state&rsquo;s fiscal intermediary for the Medicaid program.&nbsp; By statute, the Louisiana Department of Health has the capacity to sue and be sued for programs that it administers, such as Medicaid.&nbsp; However, because the Louisiana Department of Health has delegated&ndash;and the defendants allegedly contractually accepted&ndash;some of the administrative functions of the state&rsquo;s Medicaid program, we find that the Attorney General has the capacity, and hence a right of action, to prosecute this lawsuit. VACATED; REMANDED.JOHNSON, C.J., additionally concurs and assigns reasons. GUIDRY, J., additionally concurs for the reasons assigned by Chief Justice Johnson. GENOVESE, J., additionally concurs for the reasons assigned by Chief Justice Johnson.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2019/18-1568.CC.OPN.pdf">2018-CC-1568 JAMES E. GUFFEY, ET AL. v. LEXINGTON HOUSE, LLC</a> (Parish of Rapides) For these reasons, we hold R.S. 40:1231.1(A)(4) presumes that only those persons with a right of action to seek damages or the &ldquo;representative&rdquo; specified in La. R.S. 40:1231.1(A)(16) may qualify to be a &ldquo;claimant&rdquo; within the meaning of the Medical Malpractice Act. Under the facts of this case, we find that, when Ms. Frederick attempted to request the medical review panel either in the capacity of representative of her deceased grandmother or in the capacity of representative of her grandmother&rsquo;s estate, she did not satisfy the criteria for being a &ldquo;claimant&rdquo; under La. R.S. 40:1231.1(A)(4) and La. R.S. 40:1231.1(A)(16), and thus prescription was not tolled pursuant to La. R.S. 40:1231.8(A)(2)(a). Ms. Frederick was not a &ldquo;representative&rdquo; of the decedent, nor did the estate of the decedent, even had Ms. Frederick been properly appointed a succession representative, have a right of action here to seek recovery of damages pursuant to La. Civ. Code arts. 2315.1 or 2315.2. Accordingly, the district court erred in overruling Lexington&rsquo;s exception of prescription. The defendant&rsquo;s exception of prescription is sustained, and the plaintiffs&rsquo; claims are dismissed with prejudice. REVERSED AND RENDERED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2019/18-0735.CC.OPN.pdf">2018-CC-0735 KERRY SIMMONS v. CORNERSTONE INVESTMENTS, LLC, ET AL.</a> (Parish of Rapides) In a tort case against a third party tortfeasor, the lower courts did not err in prohibiting a plaintiff from introducing the full amount of medical expenses billed and in allowing only evidence of the amount actually paid by the employer through workers&rsquo; compensation.&nbsp; We concluded the amount of medical expenses charged above the amount actually incurred is not a collateral source and its exclusion from the purview of the jury was proper. Accordingly, we affirmed the lower courts&rsquo; ruling. AFFIRMED.HUGHES, J., concurs with reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="/opinions/2019/18-0748.CC.OPN.pdf">2018-CC-0748 CREEKSTONE JUBAN I, L.L.C. v. XL INSURANCE AMERICA, INC.</a> (Parish of Livingston) We granted this writ to resolve the question of whether La. R.S. 22:868(A)(2) prohibits the enforcement of the forum selection clause in dispute. For the reasons set forth below, we find that the statute does not prohibit enforcement of the forum selection clause to which these parties contractually agreed. Accordingly, we reverse the ruling of the trial court and remand the matter to the trial court for further proceedings pursuant to La. Code Civ. P. art. 121. REVERSED AND REMANDED.JOHNSON, C.J., additionally concurs and assigns reasons. WEIMER, J., concurs and assigns reasons. HUGHES, J., dissents with reasons. GENOVESE, J., dissents for the reasons assigned by Justice Hughes.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2019/18-0780.K.OPN.pdf">2018-K-0780 STATE OF LOUISIANA v. RANDY LEE TURNER</a> (Parish of Terrebonne) We granted the State&rsquo;s application to resolve this disagreement as to whether the crime of aggravated flight from an officer requires proof that a defendant committed two different acts from among those enumerated in La.R.S. 14:108.1(D), or whether proof of the repeated commission of one of those enumerated acts suffices. We find no real uncertainty in the meaning of &ldquo;at least two of the following acts&rdquo; in La.R.S. 14:108.1(D). Instead, we find that this language in its context plainly encompasses the commission of one of the acts enumerated in that provision more than once. Therefore, the district court did not err in instructing the jury. Accordingly, we reverse the court of appeal and reinstate defendant&rsquo;s conviction and sentence. REVERSEDRetired Judge Marion Edwards appointed Justice ad hoc, sitting for Justice Weimer, recused.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2019/18-0991.C.OPN.pdf">2018-C-0991 ROBERT G. MURPHY AND PAMELA MURPHY v. SHAUNTAL SAVANNAH; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A.K.A. STATE FARM; STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a> (Parish of Caddo) For the reasons assigned, the judgment of the court of appeal is reversed.&nbsp; The judgment of the district court granting summary judgment in favor of the State of Louisiana through the Department of Transportation and Development and dismissing&nbsp; the claims of Robert G. Murphy and Pamela Murphy with prejudice is hereby reinstated. REVERSED.JOHNSON, C.J., dissents and assigns reasons. CRICHTON, J., dissents for the reasons assigned by Justice Genovese. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2019/18-1812.B.OPN.pdf">2018-B-1812 IN RE: DANTE JEROME 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 Dante J. Butler, Louisiana Bar Roll number 33753, be and he hereby is suspended from the practice of law for a period of eighteen months.&nbsp; It is further ordered that all but one year of this suspension shall be deferred.&nbsp; Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of one year.&nbsp; As a condition of probation, respondent is ordered to attend and successfully complete the Louisiana State Bar Association&rsquo;s Ethics School.&nbsp; The probationary period shall commence from the date respondent and the ODC execute a formal probation plan.&nbsp; 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.&nbsp; 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.CRICHTON, J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/opinions/2019/18-1979.B.OPN.pdf">2018-B-1979 IN RE: JOHN JULIUS STEGER, 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 John Julius Steger, IV, Louisiana Bar Roll number 24657, be and he hereby is suspended from the practice of law for a period of eighteen months.&nbsp; It is further ordered that all but six months of this suspension shall be deferred.&nbsp; Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of five years, subject to the conditions recommended by the disciplinary board.&nbsp; The probationary period shall commence from the date respondent and the ODC execute a formal probation plan.&nbsp; 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.&nbsp; 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, dissents in part and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td 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 1st day of May, 2018, are as follows: &nbsp;BY HUGHES, J.: <a href="/opinions/2018/17-1132.C.OPN.pdf">2017-C-1132</a> <a href="/opinions/2018/17-1132.C.OPN.pdf">SUCCESSION OF CHARLES GEORGE HARLAN</a> (Parish of Pointe Coupee) The issue in this case is whether a revocation clause, contained within a notarial testament that was found to be void for failure to include an attestation clause, could be valid as an authentic act and thereby revoke two prior testaments, resulting in an intestate succession. The district court found no valid revocation. The appellate court ruled that the invalid testament nevertheless met the requirements of La. C.C. art. 1833 so as to qualify as an authentic act, capable of revoking prior testaments pursuant to La. C.C. art. 1607(2). For the following reasons we reverse the appellate court, reinstate the district court rulings, and remand to the district court for further proceedings. REVERSED; REMANDED. GENOVESE, J., dissents and assigns reasons. &nbsp;PER CURIAM: <a href="/opinions/2018/16-1100.KP.OPN.pdf">2016-KP-1100</a> <a href="/opinions/2018/16-1100.KP.OPN.pdf">STATE OF LOUISIANA v. LEROY JACKSON</a> (Parish of Orleans) The only real question here is whether counsel&rsquo;s deficient performance prejudiced defendant. We find it clear that it did. There are stark contrasts between the witnesses&rsquo; descriptions of the robber&rsquo;s complexion, hair, height, and weight, and those characteristics of the defendant. Furthermore, the convictions rested solely on the witness identifications, which went virtually unchallenged at trial. The likelihood of a different result if that information had been used at trial in a case with no other evidence linking defendant to the crimes is more than conceivable; it is substantial. Therefore, we find it sufficient to undermine confidence in the outcome. We reverse the court of appeal and reinstate the district court&rsquo;s ruling that granted defendant a new trial. The matter is remanded to the district court for further proceedings. REVERSED AND REMANDED. WEIMER, J., concurs in the result. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents. CRICHTON, J., additionally concurs and assigns reasons. &nbsp;<a href="/opinions/2018/17-1274.C.OPN.pdf">2017-C-1274</a> <a href="/opinions/2018/17-1274.C.OPN.pdf">BOARD OF ETHICS IN THE MATTER OF JORDAN MONSOUR AND WALTER MONSOUR</a> (Louisiana Board of Ethics) In this case, we are called upon to decide whether certain provisions of the Louisiana Code of Civil Procedure apply to a motion for summary judgment filed in administrative proceedings before the Ethics Adjudicatory Board. For the reasons that follow, we conclude the evidence produced in connection with motions for summary judgment in these administrative proceedings must conform to the same requirements applicable to civil proceedings. For the reasons assigned, the judgment of the court of appeal is affirmed. The case is remanded to the Ethics Adjudicatory Board for further proceedings consistent with this opinion. AFFIRMED.&nbsp; &nbsp;<a href="/opinions/2018/17-2045.B.OPN.pdf">2017-B-2045</a> <a href="/opinions/2018/17-2045.B.OPN.pdf">IN RE: DEBRA L. CASSIBRY</a> Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that Debra L. Cassibry, Louisiana Bar Roll number 17029, be and she hereby is disbarred. Her name shall be stricken from the roll of attorneys and her license to practice law in the State of Louisiana shall be revoked. 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. CRICHTON, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2018/17-2153.B.OPN.pdf">2017-B-2153</a> <a href="/opinions/2018/17-2153.B.OPN.pdf">IN RE: LIONEL LON BURNS</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 Lionel Lon Burns, Jr., Louisiana Bar Roll number 25352, be and he hereby is suspended from the practice of law for a period of one year. It is further ordered that respondent attend and successfully complete the next available session of the Louisiana State Bar Association&rsquo;s Ethics School. 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. CLARK, J., dissents for the reasons given by Justice Genovese. HUGHES, J., dissents and assigns reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;17th day of April, 2009, is as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2009/05B1303.jpv.opn.pdf">2005-B -1303 IN RE: IVAN DAVID WARNER AND STEVEN JOSEPH RANDO</a>Upon review of the findings and recommendations of the hearing committee, the disciplinary board, and the commissioner, and considering the record, briefs, and oral argument, it is ordered that the formal charges against respondents be and hereby are dismissed.CALOGERO, C.J., retired, recused himself after oral argument, and he has not participated in the deliberation of this case.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td 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&nbsp;17th day of April, 2006,&nbsp;are as follows: &nbsp;BY CALOGERO, C.J.: <a href="/opinions/2006/05C0351.pdf">2005-C- 0351 BILLY BROOKS HUDSON, ET AL. v. CITY OF BOSSIER CITY,</a>&nbsp;ET AL.&nbsp; C/W&nbsp; 2005-C- 0352&nbsp; (Parish of Bossier)The court of appeal decision finding that the casino revenue agreements are invalid and ordering redistribution of the funds collected pursuant to those agreements consistent with the percentages established by La. Rev. Stat. 27:93(formerly 4:552)is hereby reversed. The decision of the district court finding that the agreements are valid, except for one severable provision, is reinstated. REVERSED AND RENDERED. KIMBALL, J., dissents and assigns reasons. &nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2006/04C1484.pdf">2004-C- 1484 WORD OF LIFE CHRISTIAN CENTER v. MARK WEST, ADMINISTRATOR, ASCENSION PARISH SALES AND USE TAX AUTHORITY, STATE OF LOUISIANA</a>&nbsp;(Parish of Ascension) We affirm the judgment of the lower courts for the reasons expressed herein. AFFIRMED. CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., concurs. KNOLL, J., additionally concurs and assigns reason. <a href="/opinions/2006/05CC0715.pdf">2005-CC-0715 DISASTER RESTORATION DRY CLEANING, L.L.C. v. PELLERIN LAUNDRY MACHINERY SALES COMPANY, INC.&nbsp;</a>(Parish of Jefferson) For the foregoing reasons, we remand this matter to the trial court forrandom re-allotment for a hearing on the enrollment issue. Retired Judge Philip C. Ciaccio, assigned as Justice pro tempore, sitting for Associate Justice Catherine D. Kimball. VICTORY, J., dissents. TRAYLOR, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/05O1995.pdf">2005-O- 1995 IN RE: LARRY D. JEFFERSON</a>&nbsp;(Judiciary Commission of Louisiana) IT IS THEREFORE ORDERED that Petitioner, Larry D. Jefferson, be declared eligible to seek judicial office.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;24th day of March, 2005&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2005/05c0758.opn.pdf">2005-C- 0758 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARILYN LANDIAK v. CEDRIC L. RICHMOND,&nbsp;FOX MCKEITHEN, SECRETARY OF STATE OF LOUISIANA, AND KIMBERLY WILLIAMSON BUTLER, CLERK OF CRIMINAL COURT OF ORLEANS PARISH</a> (Parish of Orleans) For the reasons to be recited in an opinion to follow, judgment is rendered in favor of plaintiff and against defendants on plaintiff's petition objecting to candidacy, declaring Cedric Richmond ineligible as a candidate for the office of Councilmember District "D" for the City of New Orleans, and he is accordingly disqualified. It is hereby directed that the Secretary of State of the State of Louisiana be served with a certified copy of the final judgment in this case pursuant to La. Rev. Stat. 18:1410. The Secretary of State is ordered to void those votes for Cedric Richmond that may have been cast in the on-going absentee voting or that might be cast in the election of April 2, 2005, should the Secretary of State be unable to restructure the ballot and/or voting machines before that time.&nbsp;Id&nbsp;. COURT OF APPEAL JUDGMENT REVERSED; JUDGMENT RENDERED. JOHNSON, J., recused.&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:&nbsp; <a href="/opinions/2005/04c0814.opn.pdf">2004-C- 0814 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; CYNTHIA BRIDGES, SECRETARY, DEPARTMENT OF REVENUE, STATE OF LOUISIANA v. AUTOZONE PROPERTIES, INC.</a> (Parish of E. Baton Rouge) Accordingly, the lower courts' judgments, which sustained Autozone Properties' declinatory exception of lack of personal jurisdiction, are reversed, and the case is remanded to the district court for further proceedings consistent with this opinion. &nbsp;REVERSED AND REMANDED.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #021</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;20th day of February, 2004, is as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03o2920.opn.pdf">2003-O- 2920 IN RE: JUDGE MARCUS CLARK</a> (Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Judge Marcus Clark of the Fourth Judicial District Court for the Parish of Ouachita, State of Louisiana, be suspended from judicial office for thirty days without pay. It is further ordered that Judge Clark reimburse and pay to the Judiciary Commission costs in the sum of $714.00 incurred in the investigation and prosecution of his case, pursuant to Supreme Court Rule XXIII, &sect;22. RESPONDENT SUSPENDED, THIRTY DAYS WITHOUT PAY, AND CAST FOR COSTS.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 13th day of May, 2021 are as follows: &nbsp;<h1>BY Weimer, C.J.:</h1><a href="/Opinions/2021/20-1120.C.OPN.pdf">2020-C-01120 SHEILA WILLIAMS VS. ANGELA [APRIL] MONTGOMERY, AND FOREMOST INSURANCE COMPANY, ET AL.</a> (Parish of Lafourche) AFFIRMED IN PART, REVERSED IN PART AND REMANDED. SEE OPINION. Crichton, J., concurs in part, dissents in part and assigns reasons. &nbsp;<a href="/Opinions/2021/20-1175.CC.OPN.pdf">2020-CC-01175 JACOB JOHNSON VS. DARYL PURPERA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS LOUISIANA LEGISLATIVE AUDITOR, STATE OF LOUISIANA, THROUGH LOUISIANA LEGISLATIVE AUDITOR</a> (Parish of East Baton Rouge) REVERSED. SUMMARY JUDGMENT GRANTED. SEE OPINION. Retired Judge John D. Crigler, appointed Justice ad hoc, sitting for Crain, J., recused in case number 2020-CC-01175 only.Hughes, J., concurs in part, dissents in part and assigns reasons. Genovese, J., dissents for the reasons assigned by Griffin, J. Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Crichton, J.: </h1><a href="/Opinions/2021/20-1020.CC.OPN.pdf">2020-CC-01020 ALBERT GLEN DAVIS VS. STATE OF LOUISIANA THROUGH THE LOUISIANA RACING COMMISSION, ET AL.</a> (Parish of Calcasieu) REVERSED AND RENDERED. SEE OPINION. Hughes, J., dissents and assigns reasons. Genovese, J., dissents. Griffin, J., dissents. &nbsp;&nbsp;<h1>BY Genovese, J.: </h1><a href="/Opinions/2021/20-1017.C.OPN.pdf">2020-C-01017 BAYOU BRIDGE PIPELINE, LLC VS. 38.00 ACRES, MORE OR LESS, LOCATED IN ST. MARTIN PARISH, ET AL.</a> (Parish of St. Martin) AFFIRMED. SEE OPINION. Weimer, C.J., additionally concurs and assigns reasons. Crain, J., concurs in part, dissents in part and assigns reasons. McCallum, J., additionally concurs for the reasons assigned by Weimer, C.J. &nbsp;&nbsp;<h1>BY Griffin, J.: </h1><a href="/Opinions/2021/20-1231.C.OPN.pdf">2020-C-01231 ARNOLD LOWTHER, ET AL. VS. TOWN OF BASTROP</a> (Parish of Morehouse) REVERSED AND REMANDED. SEE OPINION. Retired Judge Robert L. Lobrano, appointed Justice ad hoc, sitting for McCallum, J., recused in case number 2020-C-01231 only. Hughes, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM: </h1><a href="/Opinions/2021/20-1276.B.OPN.pdf">2020-B-01276 IN RE: CECELIA F. ABADIE</a> SUSPENSION IMPOSED. SEE PER CURIAM. Weimer, C.J., concurs in part, dissents in part and assigns reasons. Hughes, J., concurs in part, dissents in part for the reasons assigned by Weimer, C.J. Crichton, J., additionally concurs and assigns reasons. Griffin, J., concurs in part, dissents in part for the reasons assigned by Weimer, C.J. &nbsp;<a href="/Opinions/2021/20-0671.KK.OPN.pdf">2020-KK-00671 STATE OF LOUISIANA VS. BYRIELLE HEBERT</a> (Parish of Orleans Criminal) REVERSED AND REMANDED. SEE PER CURIAM. Hughes, J., dissents for the reasons assigned by Justice Crain. Crain, J., dissents and assigns reasons. &nbsp;<a href="/Opinions/2021/20-0976.C.OPN.pdf">2020-C-00976 MARK A. DAVIDSON VS. STATE OF LOUISIANA, JERRY JONES, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY OF OUACHITA PARISH; AND LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a> (Parish of East Baton Rouge) AFFIRMED. SEE PER CURIAM. Hughes, J., dissents and assigns reasons. Genovese, J., dissents. Griffin, J., dissents. &nbsp;<a href="/Opinions/2021/20-1278.CC.OPN.pdf">2020-CC-01278 SYNIKIA HESTER INDIVIDUALLY AND ON BEHALF OF KUNTA HESTER, JR., KALEN HESTER AND KAYDON HESTER VS. BRYANT WALKER, BLUELINX CORPORATION AND ZURICH AMERICAN INSURANCE COMPANY</a> (Parish of Orleans Civil) REVERSED. SUMMARY JUDGMENT GRANTED. SEE PER CURIAM.&nbsp;<a href="/Opinions/2021/20-1403.B.OPN.pdf">2020-B-01403 IN RE: DONALD R. DOBBINS</a> SUSPENSION IMPOSED. SEE PER CURIAM. &nbsp;<a href="/Opinions/2021/20-0883.K.OPN.pdf">2020-K-00883 STATE OF LOUISIANA VS. JAMES BOURGEOIS</a> (Parish of Lafourche) REVERSED AND REMANDED. SEE PER CURIAM. Weimer, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Weimer, C.J. Griffin, J., dissents for the reasons assigned by Weimer, C.J. &nbsp;<a href="/Opinions/2021/19-1899.K.OPN.pdf">2019-K-01899 STATE OF LOUISIANA VS. WALTER PERELL FISHER, JR.</a> (Parish of St. Tammany) REVERSED. SEE PER CURIAM. Retired Judge Robert Klees appointed Justice ad hoc, sitting for Crain, J., recused in case number 2019-K-01899 only Crichton, J., additionally concurs and assigns reasons.&nbsp;<a href="/Opinions/2021/20-1041.K.OPN.pdf">2020-K-01041 STATE OF LOUISIANA VS. MICHAEL YOUNG</a> (Parish of Lafourche) REVERSED AND REMANDED. SEE PER CURIAM. Hughes, J., dissents. Crichton, J., additionally concurs and assigns reasons. &nbsp;<a href="/Opinions/2021/20-1488.B.OPN.pdf">2020-B-01488 IN RE: KATHLEEN M. WILSON</a> SUSPENSION IMPOSED. SEE PER CURIAM. Weimer, C.J., additionally concurs and assigns reasons. &nbsp;&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td 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&nbsp;31st day of March, 2017, are as follows:&nbsp;BY CLARK, J.: <a href="/opinions/2017/16C0788cw16C0904.OPN.pdf">2016-C-0788 C/W 2016-C-0904 SOUTH LAFOURCHE LEVEE DISTRICT v. CHAD M. JARREAU, ET AL.</a>&nbsp;(Parish of Lafourche)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered. Retired Judge James L. Cannella assigned as Justice pro tempore, sitting for Guidry, J., who was recused.Accordingly, for the above reasons, the judgment of the court of appeal is reversed, in part, insofar as it awarded Jarreau and Bayou Construction attorneys' fees of $142,551.50. All other portions of the court of appeal judgment are affirmed. We hereby render judgment in favor of Jarreau and Bayou Construction and against the Levee District for attorneys' fees in the amount of $2,635.57.&nbsp; AFFIRMED IN PART; REVERSED IN PART AND RENDERED.WEIMER, J., additionally concurs and assigns reasons. HUGHES, J., dissents with reasons. CANNELLA, J., additionally concurs with the reasons of Justice Weimer.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>The Opinion handed down on the&nbsp;1st day of April, 2011, is as follows:&nbsp;BY CLARK, J.: <a href="/opinions/2011/09C0571.opn.pdf">2009-C -0571 C/W 2009-C -0584 C/W 2009-C -0585 C/W 2009-C -0586	J. ROBERT WOOLEY, AS COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA v. THOMAS S. LUCKSINGER, MICHAEL D. NADLER, STEPHEN J. NAZARENUS, SCOTT WESTBROOK, MICHAEL K. JHIN, WILLIAM F. GALTNEY, JOHN P. MUDD, EXECUTIVE RISK INDEMNITY, INC., EXECUTIVE RISK MANAGEMENT ASSOCIATES, EXECUTIVE RISK SPECIALTY INSURANCE CO., EXECUTIVE LIABILITY UNDERWRITERS AND GREENWICH INSURANCE CO., AMCARECO, INC., AMCARE MANAGEMENT, INC. C/W J. ROBERT WOOLEY, COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA, IN HIS CAPACITY AS LIQUIDATOR OF AMCARE HEALTH PLANS OF LOUISIANA v. FOUNDATION HEALTH CORPORATION, FOUNDATION HEALTH SYSTEMS, INC., HEALTH NET, INC. C/W J. ROBERT WOOLEY, COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA, AS LIQUIDATOR FOR AMCARE HEALTH PLANS OF LOUISIANA, INC., IN RECEIVERSHIP v. PRICEWATERHOUSECOOPERS, LLP</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Robert J. Lobrano, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we rule, as follows:&nbsp; 1. The court of appeal&rsquo;s ruling on the contract claim of the Louisiana Receiver regarding the parental guarantee is affirmed; 2. The court of appeal&rsquo;s ruling on liability for the tort claims of the Louisiana and Oklahoma Receivers is reversed and the district court&rsquo;s judgment on the liability for the tort claims of the Louisiana and Oklahoma Receivers is reinstated;&nbsp; 3. The court of appeal&rsquo;s ruling on liability for the tort claims of the Texas Receiver is reversed and the jury&rsquo;s verdict on the liability for the tort claims of the Texas Receiver is reinstated;&nbsp; 4. The amount of compensatory damages awarded to the Louisiana and Oklahoma Receivers by the district court is reinstated;&nbsp; 5. The amount of compensatory damages awarded to the Texas Receiver by the jury is reinstated;&nbsp; 6. The amount of punitive damages awarded to the Texas Receiver by the jury is reinstated;&nbsp; 7. The district court&rsquo;s ruling on attorneys fees and punitive damages for the Louisiana and Oklahoma Receivers is affirmed;&nbsp; 8. The district court&rsquo;s ruling on the motion for JNOV is affirmed in part and reversed in part; and&nbsp; 9. The district court&rsquo;s ruling on the allocation of costs is reinstated and remanded to the district court for a determination of quantum.&nbsp; AFFIRMED IN PART, REVERSED IN PART AND REMANDED IN PART.WEIMER, J., additionally concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td 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&nbsp;16th day of March, 2010, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2010/09CA1988.opn.pdf">2009-CA-1988 TRANSCONTINENTAL GAS PIPELINE CORPORATION, ET AL. v. LOUISIANA TAX COMMISSION, FRANK GRANGER, III, IN HIS OFFICIAL CAPACITY AS THE ASSESSOR OF EAST BATON ROUGE PARISH;&nbsp;</a>(Parish of E. Baton Rouge) C/W 2009-CA-1989 FLORIDA GAS TRANSMISSION COMPANY v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge) C/W 2009-CA-1990 CENTERPOINT ENERGY TRANSMISSION COMPANY F/K/A RELIANT ENERGY GAS TRANSMISSION v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge) C/W 2009-CA-1991 CENTERPOINT ENERGY MISSISSIPPI RIVER TRANSMISSION CORPORATION F/K/A MISSISSIPPI RIVER TRANSMISSION CORPORATION v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge) C/W 2009-CA-1992	FLORIDA GAS TRANSMISSION COMPANY v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge)
For the reasons set forth above, the court of appeal&rsquo;s decision affirming the district court&rsquo;s grant of partial summary judgment finding the Louisiana ad valorem tax scheme&rsquo;s assessment rates violate the Commerce Clause and granting the plaintiffs a remedy is hereby reversed. We also reverse the court of appeal&rsquo;s decision declaring La. R.S. 47:1851(K) and the inclusion of &ldquo;pipeline company&rdquo; in La. R.S. 47:1851(M) unconstitutional. This case is remanded to the trial court for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2010/09C0572.OPN.pdf">2009-C -0572	VERA M. RAINEY v. ENTERGY GULF STATES, INC. AND MIKE CASE&nbsp;</a>(Parish of Iberville)Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion. Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Justice John L. Weimer, recused. Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, we affirm the judgment of the Court of Appeal.&nbsp; AFFIRMED.&nbsp;<a href="/opinions/2010/09KK1178.OPN.pdf">2009-KK-1178 STATE OF LOUISIANA v. AARON BERNARD</a>&nbsp;(Parish of E. Baton Rouge)Kimball, C.J., did not participate in the deliberation of this opinion.For the foregoing reasons, the judgment of the lower courts are reversed, vacated, and set aside; the motion to suppress is denied. This matter is remanded to the district court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.JOHNSON, J., concurs and assigns reasons. GUIDRY, J., concurs with reasons.&nbsp;<a href="/opinions/2010/09C1869.OPN.pdf">2009-C -1869 SHANNON MENARD ET AL. v. LAFAYETTE INSURANCE COMPANY ET AL.</a>&nbsp;(Parish of Lafayette)Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.For the foregoing reasons, the judgment of the Court of Appeal is reversed and the district court&rsquo;s judgment entered in conformity with jury&rsquo;s verdict is reinstated and rendered.&nbsp; REVERSED; DISTRICT COURT JUDGMENT REINSTATED AND RENDERED.&nbsp;&nbsp;WEIMER, J., concurs and assigns reasons.&nbsp;BY WEIMER, J.:<a href="/opinions/2010/09C1408.OPN.pdf">2009-C -1408 C/W 2009-C -1428 BRIAN SHANE BREWER v. J. B. HUNT TRANSPORT, INC. AND ROBERT E. JACKSON</a>&nbsp;(Parish of Livingston)Kimball, C. J., did not participate in the deliberation of this opinion.For the foregoing reasons, we affirm the decision of the court of appeal insofar as it finds both plaintiff, Brewer, and defendants, Jackson and Hunt, at fault with regard to the accident at issue. However, we reverse regarding the percentages of fault of the parties. Brewer is determined to be 70 percent at fault and Jackson and Hunt are 30 percent at fault. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court to confect an appropriate monetary judgment based upon the fault percentages and the gross damages awarded.&nbsp; REVERSED IN PART; AFFIRMED IN PART; REMANDED.VICTORY, J., dissents and assigns reasons. GUIDRY, J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09C1629.OPN.pdf">2009-C -1629	EXXONMOBIL PIPELINE COMPANY v. UNION PACIFIC RAILROAD COMPANY</a>&nbsp;(Parish of Iberville)Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.For the reasons set forth above, we find in favor of ExxonMobil that it has the right to expropriate a permanent right of way across Union Pacific&rsquo;s property. Accordingly, we reverse the rulings of the district court and the court of appeal, and remand the matter to the district court for further proceedings involving the determination of any limitations or ancillary rights and the amount of just compensation. REVERSED AND REMANDED.KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs in the result.&nbsp;<a href="/opinions/2010/09KK1727.OPN.pdf">2009-KK-1727	STATE OF LOUISIANA v. TREY DANIEL ELLIOTT</a>&nbsp;(Parish of Bossier)Kimball, C.J., did not participate in the deliberation of this opinion.For the reasons stated herein, the trial court's ruling on the motion to suppress is reversed. The case is remanded to the district court for further proceedings consistent with the views expressed herein.&nbsp; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED TO THE DISTRICT COURT.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2010/09CC1152.OPN.pdf">2009-CC-1152	PROPERTY INSURANCE ASSOCIATION OF LOUISIANA v. STEVE J. THERIOT, IN HIS OFFICIAL CAPACITY AS LEGISLATIVE AUDITOR FOR THE STATE OF LOUISIANA</a>(Parish of E. Baton Rouge)Kimball, C.J., did not participate in the deliberation of this opinion.For the foregoing reasons, we reverse the rulings of the courts below to the extent that the motion for summary judgment of Steve J. Theriot, in his capacity as the Legislative Auditor for the State of Louisiana, was granted and the motion for summary judgment of Property Insurance Association of Louisiana was denied, and render judgment granting summary judgment in favor of Property Insurance Association of Louisiana. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2010/09KK1835.OPN.pdf">2009-KK-1835	STATE OF LOUISIANA v. GRAYLIN SURTAIN</a>&nbsp;(Parish of Orleans)Kimball, C. J., did not participate in the deliberation of this opinion.For the foregoing reasons, the ruling of the district court granting the defendant&rsquo;s motion to suppress, and the affirmation of that ruling by the court of appeal, is reversed. The motion to suppress is denied and this matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.JOHNSON, J., dissents.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2010/09K0328.OPN.pdf">2009-K -0328	STATE OF LOUISIANA v. MIKE ALVAREZ</a>&nbsp;(Parish of Jefferson)Kimball, C.J., did not participate in the deliberation of this opinion. Retired Judge Philip Ciaccio sitting ad hoc for Guidry, J., recused.Accordingly, the trial court properly denied defendant's motion to suppress and the court of appeal erred in setting aside that ruling. The judgment of the trial court on the motion to suppress is therefore reinstated and this case is remanded to the court of appeal for further consideration.&nbsp;<a href="/opinions/2010/09B1849.OPN.pdf">2009-B -1849	IN RE: CALVIN LESTER</a>Kimball, C. J., did not participate in the deliberation of this opinion.Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Calvin Lester, Louisiana Bar Roll number 25141, be and he hereby is disbarred, retroactive to December 5, 2007, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent make full restitution to Bernadine Gibbs and Michael Sawyer. 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.&nbsp;<a href="/opinions/2010/09B2202.OPN.pdf">2009-B -2202	IN RE: KARL GUILBEAU</a>Kimball, C. J., did not participate in the deliberation of this opinion.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 Karl J. Guilbeau, Louisiana Bar Roll number 20558, be and he hereby is publicly reprimanded. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;20th day of February, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03c1615.opn.pdf">2003-C -1615 DONALD REESE AND VERNA NABONNE ON BEHALF OF HER MINOR CHILD, JAMES J.&nbsp;NABONNE v. STATE OF LOUISIANA, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND LOUISIANA STATE PENITENTIARY</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal affirming the trial court's sustaining of the defendants' exception of no cause of action is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.REVERSED AND REMANDED.VICTORY, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03cc1341.opn.pdf">2003-CC-1341 BRIAN CAMPBELL, ET AL. v. TORK, INC., ET AL&nbsp;</a>. (Parish of Jefferson) For the reasons stated herein, we reverse the judgment of the trial court granting plaintiff's motion for new trial and reinstate the jury verdict of $50,000 in favor of Brian Campbell, et al.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03c1533.opn.pdf">2003-C- 1533 EARLINE HUTCHINSON v. KNIGHTS OF COLUMBUS, COUNCIL NO. 5747, REBEL AMUSEMENTS RIDES, INC., AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY</a> (Parish of St. Bernard) The conflicting affidavits establish genuine issues of material fact as to whether precautions should have been taken with respect to the positioning of the cables and whether the plaintiff traversed an area off limits to pedestrians. The court of appeal exercised its proper judicial function and did not decide these matters based on the conflicting statements contained within the existing record. We find no error in the court of appeal's reversal and remand. AFFIRMED.Retired Judge Walter I. Lanier, Jr., sitting ad hoc for Johnson, J., recused.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03c1426.pc.pdf">2003-C -1426 JAMES HOWARD v. WEST BATON ROUGE PARISH SCHOOL BOARD&nbsp;</a>(Parish of West Baton Rouge) For the reasons assigned, the judgment of the court of appeal is amended to provide that the West Baton Rouge Parish School Board is ordered to reinstate James Howard to his former position with all salary, compensation, and emoluments, beginning on the date of his last paycheck in March 1997 through October 18, 2001, with legal interest thereon from the date of judicial demand until paid. All costs in this court are assessed against the West Baton Rouge Parish School Board.Retired Judge Robert J. Klees, assigned as Associate Justice Ad Hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2004/03c1715.opn.pdf">2003-C -1715 JAMES A. MARTIN v. JOE A. MORGAN, M.D., CRAWFORD &amp; CO., STRATEGIC CASE MANAGEMENT, L.L.C., TURNER INDUSTRIES LTD., ET AL.</a> (Parish of East Baton Rouge) WRIT RECALLED. IMPROVIDENTLY GRANTED. WRIT DENIED.&nbsp;<a href="/opinions/2004/03b2010.pc.pdf">2003-B- 2010 IN RE: JEAN MARIE LACOBEE</a> (Disciplinary Proceedings) 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 Jean Marie Lacobee, Louisiana Bar Roll number 25319, be suspended from the practice of law in Louisiana for a period of three years, with one year of this suspension deferred. This suspension shall be retroactive to October 30, 2002, the date of respondent's interim suspension. It is further ordered that respondent make full restitution to her clients of any unearned legal fees. 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's judgment until paid.&nbsp;<a href="/opinions/2004/03b2422.pc.pdf">2003-B -2422 IN RE: ERMENCE DEBOSE-PARENT </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Ermence DeBose-Parent, Louisiana Bar Roll number 20534, is suspended from the practice of law for a period of six months. All but two months of this suspension shall be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on probation for a period of one year, during which time she shall be required to attend the Louisiana State Bar Association's Ethics School program. Any violation of this condition or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other 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's judgment until paid.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;15th day of March, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY JOHNSON, J.:<a href="/opinions/2002/00k2899.opn.pdf">2000-K- 2899 STATE OF LOUISIANA v. JOHNELL PAYTON&nbsp;</a>(Parish of Orleans) (First Degree Robbery; Armed Robbery - Third Felony Offender) For the foregoing reasons, we REVERSE the court of appeal and REMAND for sentencing in accordance with the Louisiana Habitual Offender Act.&nbsp; Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp; VICTORY, J., concurs in the result.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/01ca1902.opn.pdf">2001-CA- 1902 CITGO PETROLEUM CORPORATION AND CONOCO v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) <a href="/opinions/2002/01ca1902.opn.pdf">C/W 2001-CA- 1903 LAKE CHARLES PILOTS, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) <a href="/opinions/2002/01ca1902.opn.pdf">C/W 2001-CA- 1904 CITGO PETROLEUM CORPORATION AND CONOCO v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge)&nbsp; For the reasons expressed herein, we find that the fee dispute herein was properly certified to the LPSC after the Fee Commission failed to reach a quorum. We further find the LPSC is statutorily vested the regulation of pilots hired to navigate the outer bar, thereby requiring the LPSC to regulate all pilotage services in the outer bar. We amend the portion of the trial court's decision to reinstate the interim tariff. Accordingly, we affirm the trial court's reversal of the LPSC ruling to the extent that it remanded this matter for the inclusion of the outer bar in the final tariff and remand to the LPSC for continued proceedings consistent with this opinion. AMENDED AND REMANDED.&nbsp; KNOLL, J., concurs.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/98b0772.pc.pdf">1998-B- 0772 IN RE: JESSIE N. GROS, III&nbsp;</a>&nbsp; (Disciplinary Proceedings) For the reasons assigned, respondent, Jessie N. Gross, III, is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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's judgment until paid.&nbsp; &nbsp;<a href="/opinions/2002/00k2960.pc.pdf">2000-K- 2960 STATE OF LOUISIANA v. KENDALL STEWART&nbsp;</a>(Parish of Washington) (Distribution of Cocaine) The decision of the court of appeal is therefore reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. JUDGMENT OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp; JOHNSON, J., dissents.&nbsp; &nbsp;<a href="/opinions/2002/00b3532.pc.pdf">2000-B- 3532 IN RE: LEONARD O. PARKER, JR&nbsp;</a>. (Disciplinary Proceedings) For the reasons assigned, respondent, Leonard O. Parker, Jr., is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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's judgment until paid.&nbsp; &nbsp;<a href="/opinions/2002/01b1419.pc.pdf">2001-B- 1419 IN RE: ROBERT E. PATRICK&nbsp;</a>(Disciplinary Proceedings) For the reasons assigned, respondent, Robert E. Patrick, is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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's judgment until paid.&nbsp; &nbsp;<a href="/opinions/2002/00k3083.pc.pdf">2000-K- 3083 STATE OF LOUISIANA v. DEREK M. JACKSON&nbsp;</a>(Parish of Orleans) (Possession of Cocaine) The decision of the Fourth Circuit is therefore reversed, the ruling of the trial court on the motion to suppress is reinstated, as are respondent's conviction and sentence, and this case is remanded to the district court for execution of sentence. JUDGMENT OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp; JOHNSON, J., dissents.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;12th day of March, 2001, are as follows:&nbsp; &nbsp;BY KNOLL, J&nbsp;.:<a href="/opinions/2001/00ca2803.opn.pdf">2000-CA- 2803 LOUISIANA HOUSEHOLD GOODS CARRIERS&nbsp;, A DOMESTIC UNINCORPORATED ASSOCIATION, BY AND THROUGH WILLIAM D. HATHORN, ITS PRESIDENT; NORTHLAKE MOVING AND STORAGE, INC. INDIVIDUALLY AND AS A MEMBER OF THE LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; A-1 MOVERS, INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; AND HATHORN MOVING AND STORAGE CO., INC. INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) We find that the Public Service Commission did not act arbitrarily or capriciously when it granted Easley and Perez very restricted common carrier certificates. The decision of the trial court is affirmed. AFFIRMED.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00ca2803.cdk.pdf">KIMBALL, J., concurring in part and dissenting in part, with reasons.</a> &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/00k0356.pc.pdf">2000-K- 0356 STATE OF LOUISIANA v. TONY A. WATERS</a> (Parish of St. Tammany) (Possession of Marijuana With Intent to Distribute) Accordingly, the decision of the court of appeal is reversed, respondent's conviction and sentence are conditionally affirmed, and this case is remanded to the district court for purposes of conducting an evidentiary hearing on the question of whether respondent's trial counsel labored under an actual conflict of interest which adversely affected his performance.&nbsp;Cuyler v.&nbsp;Sullivan&nbsp;, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980). Respondent may appeal from any adverse ruling on the conflict issue. JUDGMENT OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE CONDITIONALLY REINSTATED; CASE REMANDED.JOHNSON, J., dissents and would affirm the decision of the court of appeal. (1st Circuit)&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #020</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;24th day of March, 2000, are as follows:&nbsp; &nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/99c2132.opn.pdf">1999-C- 2132 LISA SMITH MUNN GUILLOT v. MARION PATRICK MUNN, JR.&nbsp;</a>(Family Court For The Parish Of East Baton Rouge) For the reasons assigned herein, the judgments of the lower courts are reversed insofar as they set Mr. Munn's child support obligation in the amount of $474.00 per month. We vacate and set aside the lower courts' judgments as to the remaining issues. The case is remanded to the trial court with the following instructions. In keeping with the codal dictate that the paramount consideration in child support proceedings is the best interest of the child and considering the amount of time this case has spent in the judicial system, this court in exercising its supervisory jurisdiction orders that on remand this case shall proceed expeditiously and within the following time frames to the extent practicable: (1) the trial court shall proceed with this rule consistent with this opinion and render a judgment within twenty days after the expiration of time delays for filing an application for rehearing in this court or after the disposition of an application for rehearing should one be filed; (2) the trial court shall set the return day of the appeal, should one be requested, no more than fifteen days from the signing of said judgment or from the mailing of notice of the judgment, if required; and (3) in this event, the court of appeal shall decide the appeal within twenty day of the lodging of the record on appeal by assigning it for expeditious treatment with preference and priority. REVERSED IN PART; VACATED IN PART and REMANDED FOR EXPEDITED HEARING CALOGERO, C.J., not on panel. See Rule IV, Part 2,&sect;3.LEMMON, J., subscribes to the opinion and will assign additional reasons. <a href="/opinions/2000/99c2132.bjj.pdf">JOHNSON, J., dissents and assigns reasons. </a><a href="/opinions/2000/99c2132.jpv.pdf">VICTORY, J., dissents and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99ca3344.pc.pdf">1999-CA- 3344 AMY C. KRUGER AND ST. CHARLES 1 LLC v. THE GARDEN DISTRICT </a><a href="/opinions/2000/99ca3344.pc.pdf">ASSOCIATION, ET AL.&nbsp;</a>(Parish of Orleans) Accordingly, we vacate that portion of the trial court's judgment that declared [Title 33] section 2740.38(C) unconstitutional. Having vacated the declaration of unconstitutionality, the only issue on appeal is the propriety vel non of the preliminary injunction. Appellate jurisdiction to decide that issue lies in the court of appeal. La. Const. art. V, &sect;10(A). Accordingly, we transfer this case to the court of appeal for expedited review as a timely filed appeal of the judgment granting the preliminary injunction. During the pendency of the appeal in the court of appeal, the parties are at liberty to move in the trial court for a trial on the merits regarding the permanent injunction, and perhaps coincidently, the declaratory relief sought. JUDGMENT VACATED IN PART AND TRANSFERRED TO THE COURT OF APPEAL FOR EXPEDITED APPELLATE REVIEW.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;<a href="/opinions/2000/00c0269.pc.pdf">2000-C- 0269 JANET SMITH PERKINS v. GARY W. PERKINS&nbsp;</a>(Parish of Livingston) Upon plaintiff's application, we granted certiorari in this case. Perkins v. Perkins, 00-0269 (LA 1/16/00), ____So.2d____. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of February 16, 2000 as improvidently granted, and deny plaintiff's application.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;&nbsp;</div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> The Opinions handed down on the 26th day of April, 2024 are as follows: BY Crain, J.: <a href="/opinions/2024/23-1108.C_23-1118.C.OPN.pdf">2023-C-01108 C/W 2023-C-01118 MAYOR-PRESIDENT SHARON WESTON BROOME, LEWIS O. UNGLESBY, LAMONT COLE, AND M. E. CORMIER VS. CHRIS RIALS AND NORMAN BROWNING, ORGANIZERS OF THE PETITION TO INCORPORATE ST. GEORGE</a> (Parish of East Baton Rouge) REVERSED AND RENDERED. SEE OPINION. Weimer, C.J., dissents and assigns reasons. Crichton, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Chief Justice Weimer and&nbsp;Justice Crichton. </div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinion(s) handed down on the 28th day of May, 2020 are as follows: BY Johnson, C.J.: <a href="/Opinions/2020/19-0962.KK.OPN.pdf">2019-KK-00962 IN RE: GRAND JURY SUBPOENA</a> (Parish of West Feliciana) We granted this writ application to determine whether the spousal witness privilege set forth in Louisiana Code of Evidence Article 505 can be invoked in a grand jury proceeding investigating a violation of La. R.S. 14:81.2(A), molestation of a juvenile. Because the grand jury proceeding involves an allegation and investigation of sexual abuse of a child, we find the spousal witness privilege is abrogated by La. R.S. 14:403(B). Therefore we reverse the ruling of the district court which found the spousal privilege applied. REVERSED. Retired Judge James H. Boddie Jr. appointed Justice ad hoc, sitting for Clark J. Retired Judge Jimmie Peters appointed Justice ad hoc, sitting for Crain, J., recused. &nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td 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&nbsp;5th day of April, 2013, are as follows:&nbsp;BY KNOLL, J.: <a href="/opinions/2013/12C1238.opn.pdf">2012-C -1238 PAUL F. BROUSSARD AND ANDREA V. BROUSSARD, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILD, ARYN PAIGE BROUSSARD v. STATE OF LOUISIANA, THROUGH THE OFFICE OF STATE BUILDINGS, UNDER THE DIVISION OF ADMINISTRATION</a>&nbsp;(Parish of E. Baton Rouge)Judge Jefferson D. Hughes III was assigned as Justice pro tempore sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the foregoing reasons, we hereby render judgment reversing the judgment of the Court of Appeal. The District Court's judgment entered in conformity with the jury's verdict is hereby reinstated in its entirety. REVERSED AND RENDERED; DISTRICT COURT JUDGMENT REINSTATED IN ITS ENTIRETY.VICTORY, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/11OB2325.opn.pdf">2011-OB-2325 IN RE: JESS WOOD</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude that, at this time, petitioner has failed to meet his burden of proving that he possesses the requisite fitness to be admitted to the Louisiana State Bar Association. See Supreme Court Rule XVII, &sect; 5. Accordingly, it is ordered that the application for admission be and hereby is denied. Pursuant to Supreme Court Rule XVII, &sect; 9(D)(13), petitioner may re-apply for admission upon a showing that he has complied with any and all recommendations made to him by the Lawyers Assistance Program. ADMISSION DENIED.&nbsp;<a href="/opinions/2013/12OB1095.opn.pdf">2012-OB-1095 IN RE: KIRK PATRICK ROBERTSON, JR.</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude that, at this time, petitioner has failed to meet his burden of proving that he possesses the requisite fitness to be admitted to the Louisiana State Bar Association. See Supreme Court Rule XVII, &sect; 5. The record of this matter reflects that petitioner submitted to a LAP evaluation in July 2011, following which he was diagnosed as suffering from cannabis abuse. The evaluator recommended an intensive outpatient treatment program; however, petitioner has not completed the program in accordance with LAP&rsquo;s recommendation. Accordingly, it is ordered that the application for admission be and hereby is denied. Pursuant to Supreme Court Rule XVII, &sect; 9(D)(13), petitioner may re-apply for admission upon a showing that he has complied with any and all recommendations made to him by the Lawyers Assistance Program.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2013/12C1763.opn.pdf">2012-C -1763 JOHN BENJAMIN, SR., ET AL. v. WILLIAM ZEICHNER, M.D.</a>&nbsp;(Parish of Natchitoches)Judge Jefferson D. Hughes III was assigned as Justice pro tempore sitting for Kimball, C.J. for oral argument, and sits as an elected Justice at the time this opinion is rendered.For the above reasons, we find the court of appeal erred in its interpretation and application of La. R.S. 9:2794(D)(1). Applying the words of the statute as written, we find that Dr. Shamblin did not meet the mandatory requirements for an expert witness pursuant to La. R.S. 9:2794(D)(1). Dr. Shamblin was not licensed to practice medicine at the time he was to be qualified as an expert, and plaintiffs failed to prove Tulane Medical School was accredited by the LCME when Dr. Shamblin graduated in 1958. Thus, the trial court correctly excluded him as a witness. Finding no expert evidence that defendant breached the standard of care, the trial court properly granted a directed verdict in favor of Dr. Zeichner. REVERSED. RULINGS OF THE TRIAL COURT REINSTATED.JOHNSON, C.J., concurs in part, dissents in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td 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&nbsp;30th day of March, 2012, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2012/11C1232.opn.pdf">2011-C -1232	JAMES P. WELLS, JR. v. DONALD J. ZADECK, ZADECK ENERGY GROUP, INC., OLEUM OPERATING COMPANY, L.C., T.M. HOPKINS OPERATING, INC. AND T.M. HOPKINS, INC.</a>&nbsp;(Parish of Desoto)Justice Victory recused and Retired Judge H. Charles Gaudin assigned as Justice ad hoc.For the above reasons, we find that prescription was suspended by the application of contra non valentem. REVERSED AND REMANDED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/11OB0468.opn.pdf">2011-OB-0468	IN RE: DEBRA H. BRAUN</a>Accordingly, it is ordered that the application for admission be and hereby is denied.JOHNSON, J., dissents. GUIDRY, J., dissents and would grant conditional admission.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td 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&nbsp;9th day of March, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/06C1077.opn.pdf">2006-C- 1077 SID HEBERT, SHERIFF v. KATIE M. HOLLIER, ET AL.</a>&nbsp;(Parish of Iberia) For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court denying the Motion to Recind the Tax Redemption is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED. Retired Judge Philip C. Ciaccio, ad hoc, sitting for Traylor, J., recused.JOHNSON, J., concurs.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/06C0999.opn.pdf">2006-C- 0999 CALVIN RABALAIS AND MERION RABALAIS v. LLOYD A. NASH, JR., ET AL.</a>(Parish of Avoyelles) For the foregoing reasons, we reverse the ruling of the court of appeal and reinstate the judgment of the trial court. REVERSED AND JUDGMENT OF TRIAL COURT REINSTATEDCALOGERO, C.J., dissents and assigns reasons. VICTORY, J., additionally concurs for the reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/06C1181.opn.pdf">2006-C- 1181 BETTY JO H. WRIGHT, ET AL v. LOUISIANA POWER &amp; LIGHT, ET AL.</a>&nbsp;(Parish of Ouachita) For the reasons stated herein, the judgment of the court of appeal is reversed, and the judgment of the trial court granting defendants' motion for summary judgment is reinstated. REVERSED.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06CA0702.opn.pdf">2006-CA-0702 W.R.M. v. H.C.V. AND M.J.V.</a>&nbsp;(Parish of Calcasieu) The judgment of the court of appeal is vacated and set aside. W.R.M.'s petition to establish filiation is dismissed with prejudice.CALOGERO, C.J., assigns additional concurring reasons. KIMBALL, J., additionally concurs for reasons assigned by Calogero, C.J. JOHNSON, J., additionally concurs and assigns reasons. TRAYLOR, J., concurs and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;18th day of March, 2003, are as follows:&nbsp;&nbsp;BY VICTORY, J.:&nbsp;<a href="/opinions/2003/02cj2886.opn.pdf">2002-CJ- 2886 C/W 2002-CJ- 2892 STATE OF LOUISIANA IN THE INTEREST OF K.G. AND T.G.&nbsp;</a>(Parish of Orleans)&nbsp; For the reasons expressed herein, we affirm the judgment of the court of appeal.&nbsp; AFFIRMED.&nbsp;JOHNSON, J., concurs.&nbsp; TRAYLOR, J., dissent. &nbsp;&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/02k0388.pc.pdf">2002-K - 0388 STATE OF LOUISIANA v. ISSAC J. FIELDS, JR&nbsp;</a>. (Parish of&nbsp;Jefferson)&nbsp; Accordingly, the decision of the court of appeal is reversed, relator's conviction and sentence for attempted forgery are vacated, and he is ordered discharged from the present prosecution.&nbsp; DECISION OF THE COURT OF APPEAL REVERSED; RELATOR DISCHARGED FROM PRESENT PROSECUTION.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #019</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;17th day of March, 2000, are as follows:&nbsp; &nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/98cc1602.reh.pdf">1998-CC- 1602&nbsp;MICHELLE O'REGAN AND RYAN O'REGAN v. PREFERRED ENTERPRISES, INC. D/B/A NUMBER ONE CLEANERS, ET AL</a> (Parish of Jefferson) ON REHEARING For the foregoing reasons, the judgments of the lower courts are affirmed. This case is remanded to the trial court for further proceedings consistent with this opinion.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/98c1602.opn.pdf">MARCUS, J., dissents for reasons assigned on original hearing</a>. <a href="/opinions/2000/98cc1602.htl.pdf">LEMMON, J., concurs and assigns reasons</a>. VICTORY, J., dissents for reasons assigned on original hearing. TRAYLOR, J., dissents for reasons assigned on original hearing&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99ko1124.pc.pdf">1999-KO- 1124 C/W 1999-KO- 1327&nbsp;STATE OF LOUISIANA v. RAYMOND LAUGAND</a> (Parish of Orleans) (Second Degree Murder) Accordingly, we reverse the decision of the court of appeal, set aside relator's conviction and sentence, and remand this case to the district court for all further proceedings in accord with the law.CALOGERO, C.J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/99k1484.pc.pdf">1999-K- 1484 STATE OF LOUISIANA v. RONALD BRANCH</a> (Parish of Orleans) (Simple Arson) Accordingly, the judgment of the court of appeal is reversed. The verdict renderd by the trial court is reinstated, and this case is remanded to the district court for purposes of clarifying the respondent's present status and for all further proceedings not inconsistent with the views expressed herein. JUDGMENT OF THE COURT OF APPEAL REVERSED; VERDICT REINSTATED; CASE REMANDED.TRAYLOR, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;10th day of April, 2015, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2015/14O2623.pc.pdf">2014-O -2623	JUSTICE OF THE PEACE KEVIN J. HOFFMAN ST. BERNARD PARISH, WARD A STATE OF LOUISIANA</a>Accordingly, it is ordered that Justice of the Peace Hoffman pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $2,000.00, plus costs in the amount of $276.00, no later than thirty days from the finality of this judgment.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td 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&nbsp;3rd day of April, 2009, are as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2009/08C0929.opn.pdf">2008-C -0929 C/W 2008-C -0932 2008-0C-0226 2008-0C-1240 REVEREND C. S. GORDON, JR., J. MICHAEL MALEC, DARRYL MALEK-WILEY, WILLIE WEBB, JR., AND MAISON ST. CHARLES, L.L.C. D/B/A QUALITY INN MAISON ST. CHARLES v. THE COUNCIL OF THE CITY OF NEW ORLEANS AND ENTERGY NEW ORLEANS, INC.</a>&nbsp;(Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is reversed in part and the judgment of the trial court is reinstated. REVERSED IN PART; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/08C1491.opn.pdf">2008-C -1491 KAREN KING v. ILLINOIS NATIONAL INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Webster) For the reasons stated herein, the judgment of the court of appeal is affirmed and the case is remanded for further proceedings in accordance with this ruling. AFFIRMED AND REMANDED.KIMBALL, C.J., dissents and assigns reasons. JOHNSON, J., dissents.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td 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&nbsp;4th day of April, 2006, are as follows: &nbsp;BY CALOGERO, C.J.: <a href="/opinions/2006/05C1192.pdf">2005-C -1192&nbsp;&nbsp;&nbsp;&nbsp; GABRIEL LEWIS, JR. v. SUCCESSION OF MATTHEW JOHNSON, ET AL.</a>&nbsp;(Parish of St. Landry) We reverse the judgment of the Court of Appeal. We declare the tax sale to plaintiff, Gabriel Lewis, as absolute nullity with regard to Matthew Johnson, Sr., Myrtle Johnson Franklin, Deola Mae Johnson James and Aaron Perry Johnson, Sr.'s individual one-fourth interests in the property. We, therefore, annul the tax sale. REVERSED. &nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2006/05K0964.pdf">2005-K -0964&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JACK S. SPEARS</a>&nbsp;(Parish of Lincoln) (Misapplication of Payments) For the foregoing reasons, we reverse the ruling of the court of appeal and remand the case to the court of appeal for consideration of the defendant's remaining assignments of error pretermitted on original appeal. REVERSED AND REMANDED. &nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2006/05K0779.pdf">2005-K -0779&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DANNY RAY SHERMAN</a>&nbsp;(Parish of Rapides) (Possession of a Schedule II Controlled Dangerous Substance With Intent to Distribute) The judgment of the court of appeal is reversed and the judgment of thetrial court is reinstated. This case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. REVERSED. JOHNSON, J., dissent. &nbsp;<a href="/opinions/2006/05C0979.pdf">2005-C -0979&nbsp;&nbsp;&nbsp;&nbsp; KATHLEEN PUMPHREY v. THE CITY OF NEW ORLEANS C/W DARLENE RIZZUTO v. THE CITY OF NEW ORLEANS C/W FRED FARVE, JR. v. THE CITY OF NEW ORLEANS C/W MICHAEL RICKS AND VIVIAN RICKS v. THE CITY OF NEW ORLEANS C/W BARBARA ELLIS v. THE CITY OF NEW ORLEANS C/W HERBERT CRAIG v. THE CITY OF NEW ORLEANS C/W A. RAY PIATTOLY v. THE CITY OF NEW ORLEANS C/W PATRICK MURPHY v. THE CITY OF NEW ORLEANS C/W IGNATIUS JAMES v. THE CITY OF NEW ORLEAN</a>S (Parish of Orleans) For the foregoing reasons, we reverse the judgment of the court of appeal and render declaratory judgment in favor of defendant, the City of New Orleans. REVERSED. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2006/05CC1963.pdf">2005-CC-1963&nbsp;&nbsp;&nbsp;&nbsp; JULIA S. MOSS, INDIVIDUALLY AND ON BEHALF OF HER DECEASED HUSBAND, MICHAEL MOSS, CAITRIN H. MOSS AND SEAN M. MOSS v. STATE OF LOUISIANA AND STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>&nbsp;(Parish of E. Baton Rouge) For the reasons expressed above, the decisions of the court of appealand the district court are reversed. This matter is remanded to thedistrict court for purposes of conducting a contradictory hearing,consistent with the guidelines announced herein, on DOTD's motionpursuant to LSA-R.S. 13:3715.1(B)(5). REVERSED and REMANDED. JOHNSON, J., concurs. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/04OB1819.pdf">2004-OB-1819&nbsp;&nbsp;&nbsp;&nbsp; IN RE: LILIANA G. ROJAS</a> (Committee on Bar Admissions) Accordingly, it ordered that the application by petitioner seekingpermission to sit for the Louisiana Bar Examination be and hereby ispermanently denied. &nbsp;<a href="/opinions/2006/04OB2364.pdf">2004-OB-2364&nbsp;&nbsp;&nbsp;&nbsp; IN RE: VALENTINA LAMONT</a> (Committee on Bar Admissions) Accordingly, it ordered that the application by petitioner seeking permission to sit for the Louisiana Bar Examination be and hereby is permanently denied. &nbsp;<a href="/opinions/2006/05K0835.pdf">2005-K -0835&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. KALVIN B. LEE</a>&nbsp;(Parish of Jefferson) (Armed Robbery) Accordingly, we recall our order of December 9, 2005, as improvidently granted, and we deny the State&rsquo;s application. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for the reasons assigned by Victory, J. WEIMER, J., dissents for the reasons assigned by Victory, J.&nbsp;<a href="/opinions/2006/05C1136.pdf">2005-C -1136&nbsp;&nbsp;&nbsp;&nbsp; CULPEPPER &amp; CARROLL, PLLC v. CONNIE D. COLE</a>&nbsp;(Parish of Lincoln) For the reasons assigned, the judgment of the court of appeal is hereby reversed. All costs in this court are assessed against plaintiff.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;11th day of March, 2005&nbsp;, are as follows:&nbsp;BY KIMBALL, J.:&nbsp; <a href="/opinions/2005/04c1317.opn.pdf">2004-C- 1317 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;KEN SMITH d/b/a B &amp; K MUSIC v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT C/W&nbsp; 2004-C-1594 KEN SMITH d/b/a B &amp; K MUSIC v. MIKE UNKEL</a> (Parish of Allen) For the above reasons, we find in matter 04-C-1317, Smith v. State, Department of Transportation and Development, the judgment of the court of appeal is correct as it affirmed the district court's granting of the plaintiff's motion for JNOV for loss of leasehold advantage damages and as it affirmed the district court's award of attorney's fees and award of plaintiff's expert witness fees. The judgment of the court of appeal in matter 04-C-1317 is therefore affirmed. With respect to matter 04-C-1594, for the above reasons, we find the judgment of the court of appeal correct as to its denial of Unkel's exception of res judicata. We further find the court of appeal erred in affirming the district court's judgment awarding the plaintiff the value of his improvements based on Article 495 since the article is not applicable to the particular facts of this case. We therefore reverse the&nbsp;judgment of the district court and dismiss plaintiff's claim for the value of his improvements. The judgment of the court of appeal in matter 04-C-1594 is therefore affirmed in part and reversed in part. 04-C-1317 AFFIRMED. 04-C-1594 AFFIRMED IN PART AND REVERSED IN PART.WEIMER, J., concurs in part and dissents in part and assigns reasons. JOHNSON, J., concurs in part and dissents in part. VICTORY, J., concurs in part and dissents in part for the reasons assigned by Justice Weimer.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2005/04c1278.opn.pdf">2004-C- 1278 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DONALD J. WINFORD v. CONERLY CORPORATION</a>&nbsp; (Office Of Workers' Compensation District 8) For the reasons assigned, the judgment of the hearing&nbsp; officer is reversed, and this matter is remanded to the&nbsp;Office of Workers' Compensation for further proceedings.VICTORY, J., concurs in the result. TRAYLOR, J., concurs in the result. WEIMER, J., coucurs in the result and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:&nbsp; <a href="/opinions/2005/04c2004.opn.pdf">2004-C- 2004 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BRENDA R. THIBODEAUX AND LUCIEN G. THIBODEAUX v. DEBBIE&nbsp;M. JURGELSKY, M.D.</a> (Parish of St. Landry) Accordingly, we reverse the judgment of the appellate court and reinstate the judgment of the district court. REVERSED AND RENDERED.KIMBALL, J., concurs and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;13th day of February, 2004, is as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03ka1760.opn.pdf">2003-KA-1760 STATE OF LOUISIANA v. CRISTHIAN INTERIANO&nbsp;</a>(Parish of Jefferson) (Indecent Behavior With Juveniles) For the foregoing reasons, we find that the lower court erred in considering attenuated hypothetical applications of La. R.S. 14:81(A) in ruling the statute unconstitutional and we find a narrowing construction of the statute provides adequate notice to a person of ordinary intelligence and understanding of what conduct is proscribed and an adequate evidentiary standard for jurors to determine guilt or innocence. Accordingly, we reverse the district court's finding that La. R.S. 14:81(A) is unconstitutional and remand for further proceedings. DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED.CALOGERO, C.J., dissents and assigns reasons. KNOLL, J., concurs in the result with reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #018</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;11th day of March, 2002&nbsp;, is as follows:&nbsp;&nbsp;BY KIMBALL, J.:&nbsp; <a href="/opinions/2002/01c1560.opn.pdf">2001-C- 1560 EVA PARTIN v. MERCHANTS &amp; FARMERS BANK&nbsp;</a>(Office Of Workers' Compensation District No. 2) For the foregoing reasons, the award in favor of Claimant is reversed. REVERSED.&nbsp; JOHNSON, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #017</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> </div><div class="nrbody">The Opinion handed down on the 13th day of April, 2022 are as follows:<h1>PER CURIAM:</h1><a href="/opinions/2022/21-0763.C.OPN.pdf">2021-C-00763</a> <a href="/opinions/2022/21-0763.C.OPN.pdf">KIMBERLY BROOKE LABAUVE, ET AL.&nbsp; VS.&nbsp; LOUISIANA MEDICAL MUTUAL INS. CO., ET AL.</a> (Parish of Jefferson Davis) AFFIRMED IN PART, REVERSED AND VACATED IN PART, REMANDED. SEE PER CURIAM.Weimer, C.J., dissents in part and assigns reasons. Genovese, J., concurs in part, dissents in part, and assigns reasons. Crain, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #017</div></td></tr><tr valign="top"><td 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&nbsp;15th day of March, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/16C1232.OPN.pdf">2016-C-1232 DAVID PITTS JR. AND KENYETTA GURLEY v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY AND RHODA RENEE JONES, M.D.</a>&nbsp;(Parish of Tangipahoa) For the above reasons, we affirm the ruling of the court of appeal setting aside the district court's grant of the JNOV. However, we reverse the ruling of the court of appeal relative to the new trial and we reinstate the district court's grant of the plaintiffs' motion for new trial. AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS.WEIMER, J., concurs in part and dissents in part and assigns reasons. GUIDRY, J., concurs and assigns reasons. CLARK, J., concurs in part and dissents in part for reasons assigned by Justice Weimer. CRICHTON, J., additionally concurs for the reasons assigned by Justice Guidry.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2017/15K1949.OPN.pdf">2015-K-1949 STATE OF LOUISIANA v. ANDRE J. DAVIS</a>&nbsp;(Parish of Orleans) That portion of the appellate court's opinion ruling that the elements of domestic abuse battery involving strangulation were unproven at trial is hereby reversed. Noting that the defendant did not seek a writ to challenge the appellate court's opinion, we leave undisturbed the remainder of the opinion relating to other matters, including that portion finding that the district court failed to impose mandatory conditions on the defendant's probation for domestic abuse battery. This matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2017/16C1112.OPN.pdf">2016-C-1112 BYRON GULLEY v. HOPE YOUTH RANCH, ET AL.</a>&nbsp;(Parish of Rapides)Retired Judge Gay Caldwell Gaskins assigned as Justice ad hoc, sitting for Genovese, J., recused.Because we find the Medical Director and the Office of Workers' Compensation misinterpreted the language of Louisiana Administrative Code, and thus misapplied the Medical Treatment Guidelines on neurostimulation to Mr. Gulley's case, we reverse the lower court's ruling and find the Office of Workers' Compensation erred in affirming the decision of the Medical Director. REVERSEDCRICHTON, J., additionally concurs with reasons.&nbsp;<a href="/opinions/2017/16KK1412.OPN.pdf">2016-KK-1412 STATE OF LOUISIANA v. COREI K. GUIDRY</a>&nbsp;(Parish of Orleans)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered.Accordingly, the district court's ruling is reversed, the stay issued by this court is hereby lifted, and the matter is remanded to the district court for further proceedings. REVERSED; STAY LIFTED; REMANDED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons. GENOVESE,J., additionally concurs for the reasons assigned by Justice Guidry and Justice Crichton.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16CC1146.OPN.pdf">2016-CC-1146 DARRIN COULON AND TESS COULON v. ENDURANCE RISK PARTNERS, INC., WEST BANK SURGERY CENTER, L.L.C., AND MARK JUNEAU, M.D.</a>&nbsp;(Parish of Jefferson) Accordingly, we reverse the ruling that sustained the Surgery Center=s exception of prematurity and remand for proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16KK0687.OPN.pdf">2016-KK-0687 STATE OF LOUISIANA v. CHANNING R. GRAY</a>&nbsp;(Parish of Bienville) Accordingly, we vacate the judgment of appellate court, granting the defendant's motion to quash and dismissing the bill of information charging the defendant with obstruction of justice, and reinstate the trial court judgment, denying the defendant's motion to quash. APPELLATE COURT JUDGMENT VACATED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY GENOVESE,J.: <a href="/opinions/2017/16CA0424.OPN.pdf">2016-CA-0424 ENTERGY LOUISIANA, LLC v. LOUISIANA PUBLIC SERVICE COMMISSION, CONCORDIA ELECTRIC COOPERATIVE INC.</a>&nbsp;(Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the district court is reversed, and Louisiana Public Service Commission Order No. U-32980 is hereby reinstated. All costs are assessed against Entergy Louisiana, LLC. REVERSED.&nbsp;&nbsp; PER CURIAMS:<a href="/opinions/2017/16C1028.OPN.pdf">2016-C-1028 GERALD CASTILLE v. ST. MARTIN PARISH SCHOOL BOARD</a>&nbsp;(Parish of St. Martin) For the reasons assigned, the judgment of the court of appeal is reversed insofar as it renders judgment in favor of Gerald Castille against the St. Martin Parish School Board in the additional amount of $75,000. In all other respects, the judgment of the court of appeal is affirmed.JOHNSON, C.J., dissents in part and assigns reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J. GENOVESE, J., dissents.&nbsp;<a href="/opinions/2017/16B1848.OPN.pdf">2016-B-1848 IN RE: ASHTON R. O'DWYER</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 the name of Ashton R. O'Dwyer, Louisiana Bar Roll number 10166, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.&nbsp;&nbsp;<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #017</div></td></tr><tr valign="top"><td 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&nbsp;12th day of March, 2010, are as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2010/09CC2414.opn.pdf">2009-CC-2414	M. J. FARMS, LTD. v. EXXONMOBIL CORPORATION, ET AL.</a>&nbsp;(Parish of Catahoula)Kimball, C.J., did not participate in the deliberation of this decision.The writ application previously granted by this Court is dismissed as moot.WEIMER, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #017</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;21th day of February, 2001, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/00c0469.opn.pdf">2000-C- 0469 DIAMOND SERVICES CORPORATION v. DELORES N. BENOIT</a> (Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal holding that the maker of a collateral mortgage note pledged to secure the debt of a third party is personally liable on the collateral mortgage note beyond the value of the mortgaged property is reversed. The judgment of the district court, dismissing with prejudice respondent Diamond Services' consolidated petitions, is reinstated. REVERSED AND RENDERED.MARCUS, J. retired, ad hoc, sitting for Lemmon, J., recused.<a href="/opinions/2001/00c0469.jpv.pdf">VICTORY, J., concurs in the result with reasons</a>. TRAYLOR, J., concurs in the result for reasons assigned by Justice Victory. MARCUS, J., ad hoc concurs in the result for reasons assigned by Justice Victory.&nbsp;<a href="/opinions/2001/00kk1399.opn.pdf">2000-KK- 1399 STATE OF LOUISIANA v. GERMAINE MITCHELL</a> (Parish of St. Martin) (Manslaughter and Aggravated Battery) For the foregoing reasons, we vacate the trial court's order granting a new trial, reinstate the verdicts of guilty of manslaughter and aggravated battery and remand the case to the district court for a sentencing hearing. DISTRICT COURT'S JUDGMENT GRANTING NEW TRIAL REVERSED; REMANDED FOR SENTENCING.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00kk1399.jtk.pdf">KNOLL, J., concurs and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00c1585.opn.pdf">2000-C- 1585 PRESTON NAQUIN v. TITAN INDEMNITY COMPANY, IBERVILLE PARISH SHERIFF'S DEPARTMENT, AND NEAL NOEL</a> (Parish of E. Baton Rouge) Considering the foregoing, the judgment is affirmed with respect to the dismissal of the claims againt Noel and the Sheriff, reversed insofar as it dismisses Titan Indemnity Co., and remanded to the district court for further proceedings not inconsistent with this opinion. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/00c1157.opn.pdf">2000-C- 1157 JOHN M. LANDIS v. DOUG MOREAU, INDIVIDUALLY, AND IN HIS CAPACITY AS DISTRICT ATTORNEY FOR THE 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE</a>(Parish of E. Baton Rouge) Accordingly, we reverse the lower courts' rulings that the audiotapes are not discoverable in their entirety. We order that the audiotapes be transcribed by an official court reporter while remaining under seal, and we remand this matter to the trial court for an in camera inspection of the transcriptions of the tapes to determine whether any portions of the tape recorded statements are discoverable. Additionally, we hold that any mental impressions, conclusions, opinions, or theories of the investigator cannot be immune from discovery under the attorney work product privilege. REVERSED AND REMANDED.VICTORY, J., concurs in the result. TRAYLOR, J., dissents.&nbsp;<a href="/opinions/2001/00c1693.opn.pdf">2000-C- 1693 HERMAN L. WILLIAMS AND EISIBE WILLIAMS v. US AGENCIES CASUALTY INSURANCE COMPANY, INC., ET AL&nbsp;</a>(Parish of Caddo) Accordingly, we find that US Agencies is obligated to pay the damages awarded to the plaintiffs by virtue of the insurance policy it had in effect insuring Beaudoin and his vehicle at the time of the accident. AFFIRMED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00c1693.jpv.pdf">VICTORY, J., concurs and assigns reasons. </a><a href="/opinions/2001/00c1693.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a>&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00ck0205.opn.pdf">2000-CK- 0205 STATE OF LOUISIANA IN THE INTEREST OF R.T.</a> (Parish of Jackson) For the reasons assigned, the judgment of the court of appeal is affirmed insofar as it relates to the charge of violation of La.R.S. 14:40.1(A). It is reversed and set aside insofar as it reversed the verdict of the trial judge on the charge of violation of La. R.S. 14:54.1(A). The verdict of the trial judge as it relates to that statute is reinstated. The case is remanded to the trial judge to issue such orders as he may deem appropriate. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon. KNOLL, J., concurs in the result.&nbsp;<a href="/opinions/2001/00cj3277.opn.pdf">2000-CJ- 3277 STATE IN THE INTEREST OF S.M.W., C.D.W., C.N.W. AND E.S.W.</a> (Parish of Allen) For the foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; JUDGMENT OF TRIAL COURT REINSTATED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.CALOGERO, C.J., concurs.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/00ob1360.opn.pdf">2000-OB- 1360 ALFREDA TILLMAN BESTER v. COMMITTEE ON BAR ADMISSIONS</a> Petition for Writ of Mandamus, Injunctive and Declaratory Relief DENIED.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Lemmon, J.<a href="/opinions/2001/00ob1360.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.</a> <a href="/opinions/2001/00ob1360.bjj.pdf">JOHNSON, J., concurs in part, dissents in part and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00ob2517.opn.pdf">2000-OB- 2517 LOUISIANA SUPREME COURT, COMMITTEE ON BAR ADMISSIONS, EX REL DANIEL A. WEBB, CHAIRMAN v. GARY R. ROBERTS, DANE S. CIOLINO AND ALFREDA TILLMAN BESTER</a> Petition for Declaratory Relief denied; Reconventional Demand denied.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Lemmon, J.&nbsp; &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/00kh0172.opn.pdf">2000-KH- 0172 STATE EX REL. WILLIAM OLIVIERI v. STATE OF LOUISIANA&nbsp;</a>(Parish of Jefferson) C/W 2000-KP- 1767 STATE OF LOUISIANA v. MARVIN J. HUTCHINSON (Parish of St. Bernard) For the foregoing reasons the judgments of the lower courts are affirmed. The stay granted by the district court in&nbsp;State v.Hutchinson&nbsp;on June 30, 1997 is lifted and that matter is remanded to district court for action consistent with this opinion. Our stay granted in&nbsp;State ex rel. William Olivieri v. State&nbsp;on October 31, 2000, is likewise lifted and that matter is remanded to the Board of Parole for further action consistent with this opinion. AFFIRMED AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00kh0172.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons</a>. <a href="/opinions/2001/00kh0172.cdk.pdf">KIMBALL, J., concurs in part and dissents in part and assigns reasons.</a> GULOTTA, J., Pro Tempore, dissents in part, concurs in part and joins in the reasons assigned by the Chief Justice.&nbsp; 
 &nbsp;&nbsp;BY GULOTTA, J., Pro Tempore:<a href="/opinions/2001/99ka2124.opn.pdf">1999-KA- 2124 STATE OF LOUISIANA v. QUINCY BROADEN</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Surpeme Court for certiorari; or (2) that Court denies his petition for certiorari,; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defedant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;<a href="/opinions/2001/00c1727.opn.pdf">2000-C- 1727 GENE W. BAYS, JR. v. MICHELLE SUANE BAYS</a> (Parish of St. Tammany) Accordingly, we reverse and set aside that portion of the trial court's judgment issuing a protective order against the plaintiff for the benefit of the defendant and ordering the defendant to pay court costs and attorneys fees. We do not disturb the remaining parts of the judgment. REVERSED IN PART.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.JOHNSON, J., concurs.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00b2765.pc.pdf">2000-B- 2765 IN RE: JOHNNIE A. JONES, JR.</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Johnnie A. Jones, Jr. be suspended from the practice of law in Louisiana for a period of ninety days. This suspension shall be fully deferred, subject to a one-year period of supervised probation governed by the conditions proposed by the disciplinary board. All costs and expenses in this 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #016</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table><div style="text-align:justify;">&nbsp;The Opinions handed down on the 2nd day of April, 2018, are as follows: &nbsp;PER CURIAM: <a href="/opinions/2018/17-0974.C.OPN.pdf">2017-C-0974</a> <a href="/opinions/2018/17-0974.C.OPN.pdf">THREE RIVERS COMMONS CONDOMINIUM ASSOCIATION v. DONNA GRODNER, ET AL.</a> (Parish of Livingston) We granted defendant's application for a writ of certiorari on October 27, 2017. After considering the briefing and oral argument of the parties, the record and the applicable law, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of October 27, 2017 as improvidently granted, and we deny defendant's writ application. WEIMER, J., concurs and assigns reasons.</div>&nbsp; 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #016</div></td></tr><tr valign="top"><td 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&nbsp;25th day of March, 2014, are as follows:&nbsp;BY HUGHES, J.: <a href="/opinions/2014/13K0175.opn.pdf">2013-K -0175	STATE OF LOUISIANA v. ERIC ROSS</a>&nbsp;(Parish of Orleans)(Second Degree Murder)Accordingly, we reverse the appellate court decision, reinstate the district court conviction and sentence, and remand to the appellate court for consideration of the defendant&rsquo;s remaining assignments of error.&nbsp; APPELLATE COURT REVERSED; DISTRICT COURT CONVICTION AND SENTENCE REINSTATED; REMANDED TO APPELLATE COURT WITH INSTRUCTIONS.VICTORY, J., concurs in the result. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13C1137.opn.pdf">2013-C -1137	TINA LYNETTE WATKINS, ET AL. v. LAKE CHARLES MEMORIAL HOSPITAL, ET AL.</a>&nbsp;(Parish of Calcasieu)We hold herein that when the PCF denies a claim for payment of a future medical or related expense and the district court thereafter exercises its continuing jurisdiction and issues a ruling as to that matter, the PCF is obligated to comply with the district court&rsquo;s ruling, order, or judgment unless it modified or set aside by the court. AFFIRMED.VICTORY, J., dissents in part, concurs in part and assigns reasons. GUIDRY, J., dissents in part, concurs in part and assigns reasons. CLARK, J., dissents in part, concurs in part and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #016</div></td></tr><tr valign="top"><td 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&nbsp;19th day of March, 2013, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2013/12C2055.opn.pdf">2012-C -2055	CLOVELLY OIL CO., LLC v. MIDSTATES PETROLEUM CO., LLC, ET AL.</a>&nbsp;(Parish of Evangeline)Judge Jefferson D. Hughes III was assigned as Justice pro tempore sitting for Kimball, C.J. for oral argument, and sits as an elected Justice at the time this opinion is being rendered.We hold that the JOA applies to leases and unleased mineral interests located within the geographic area described in Exhibit &ldquo;A,&rdquo; which were owned by the parties at the time the JOA was executed. REVERSED. THE RULING OF THE TRIAL COURT IS HEREBY REINSTATED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/12KA1854.opn.pdf">2012-KA-1854	STATE OF LOUISIANA v. ISAIAH OVERSTREET, JR.</a>&nbsp;(Parish of E. Baton Rouge) (Laws Requiring Registration for Sex Offenders)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the reasons stated herein, the judgment of the district court, declaring La. R.S. 15:541(7) and La. R.S. 15:542 unconstitutional as applied to a defendant judged not guilty by reason of insanity, is reversed, and the case is remanded to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2013/12C2056.opn.pdf">2012-C -2056	TIN, INC. v. WASHINGTON PARISH SHERIFF'S OFFICE, ROBERT J. "BOBBY" CROWE, IN HIS CAPACITY AS SHERIFF AND SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH, AND BRANDI RITCHIE, IN HER CAPACITY AS THE SALES AND USE TAX AUDIT MANAGER FOR THE WASHINGTON PARISH SALES AND USE TAX DEPARTMENT</a>(Parish of Washington)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. After oral argument, he determined that he had a conflict of interest necessitating his recusal. Consequently, this decision is being rendered by six Justices.For the foregoing reasons, the judgments of the lower courts are reversed and the case is remanded to the district court for further proceedings in accordance with this opinion. REVERSED AND REMANDED.HUGHES, J., recused.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/12K1176.opn.pdf">2012-K -1176	STATE OF LOUISIANA v. CRAIG OLIPHANT</a>&nbsp;(Parish of Morehouse) (Vehicular Homicide)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, defendant&rsquo;s sentence is vacated, and this matter is remanded to the District Court for reconsideration of sentence. REVERSED, SENTENCE VACATED, and REMANDED.HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/12C1472.opn.pdf">2012-C -1472 QUANTUM RESOURCES MANAGEMENT, L.L.C. AND MILAGRO PRODUCING, L.L.C. v. PIRATE LAKE OIL CORP., ET AL</a>&nbsp;(Parish of Jefferson)Judge Jefferson D. Hughes III was assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the foregoing reasons, the judgments of the lower courts are reversed and this case is remanded to the District Court for further proceedings.&nbsp; REVERSED; REMANDED.WEIMER, J., additionally concurring with reasons.&nbsp;BY WEIMER, J.: <a href="/opinions/2013/12K1021.opn.pdf">2012-K -1021	STATE OF LOUISIANA v. BILLY R. LEWIS</a>&nbsp;(Parish of Orleans)(Two Counts Second Degree Murder)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, we reverse the judgment of the court of appeal, vacate the convictions and sentences and remand this matter to the district court for a new trial. REVERSED, VACATED AND REMANDED.&nbsp;<a href="/opinions/2013/12KK1986.opn.pdf">2012-KK-1986	STATE OF LOUISIANA v. MAZEN HAMDAN</a>&nbsp;(Parish of Orleans)(Habitual Offender)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, the decision of the appellate court affirming the trial court&rsquo;s judgment granting defendant&rsquo;s motion to quash is reversed, and the trial court&rsquo;s judgment is vacated. This matter is remanded to the trial court for further proceedings. REVERSED; JUDGMENT VACATED; REMANDED.&nbsp;<a href="/opinions/2013/12K2042.opn.pdf">2012-K -2042	STATE OF LOUISIANA v. JEREMY PATTERSON</a>&nbsp;(Parish of Orleans)(Second Degree Murder)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2013/12CC1697.opn.pdf">2012-CC-1697	RODNEY CHAMPAGNE, II AND WIFE, NICOLE CHAMPAGNE, BOTH INDIVIDUALLY AND ON BEHALF OF ELIZABETH NICOLE CHAMPAGNE v. AMERICAN ALTERNATIVE INSURANCE CORPORATION, SMEAL FIRE APPARATUS CO., WATEROUS COMPANY, LAFAYETTE CONSOLIDATED GOVERNMENT, LAFAYETTE PARISH FIRE PROTECTION ASSOCIATION, AND DANIEL LAVERGNE</a>&nbsp;(Parish of Lafayette)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered. Retired Judge Patrick M. Schott, assigned as Justice ad hoc, sitting for Justice John Weimer, recused.After reviewing the record and the law, we find the defendants have failed to establish as a matter of law that the Workers&rsquo; Compensation Act grants immunity to a volunteer member of a volunteer fire company from suit in tort filed by a fellow volunteer member. Accordingly, the rulings of the lower courts are affirmed. AFFIRMED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2013/12C1937.opn.pdf">2012-C -1937	WEST MONROE FIREFIGHTERS LOCAL 1385, ET AL. v. CITY OF WEST MONROE</a>&nbsp;(Parish of Ouachita)For the reasons stated herein, we reverse the grant of partial summary judgment in favor of Plaintiffs and grant the City&rsquo;s cross-motion for summary judgment, dismissing all of Plaintiffs&rsquo; claims.&nbsp; REVERSED; JUDGMENT RENDERED.KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/12C1566cw12c1572_12c1580.opn.pdf">2012-C -1566 C/W 2012-C -1572 2012-C -1580	JANE DOE v. SOUTHERN GYMS, LLC, ET AL.</a>&nbsp;(Parish of Evangeline) Judge Jefferson D. Hughes III was assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument, and sits as an elected Justice at the time this opinion is being rendered.For the reasons set forth above, we conclude the district court manifestly erred in finding the threshold requirement of La. C.C.P. art. 591(A)(1)--the class is so numerous that joinder of all members is impracticable--was proved. As a consequence, we find the district court abused its discretion in accepting this matter as a class action and in certifying the class. We therefore reverse the appellate court&rsquo;s judgment affirming the district court&rsquo;s class action certification, reverse the district court&rsquo;s ruling granting the motion for class certification and certifying the class, and remand the case for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12B2410.opn.pdf">2012-B -2410	IN RE: CHRIS L. BOWMAN</a>Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.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 Chris L. Bowman, Louisiana Bar Roll number 18131, be and he hereby is suspended from the practice of law for six months. All but thirty days of the suspension shall be deferred, subject to respondent&rsquo;s successful completion of a two-year period of unsupervised probation. 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.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;<a href="/opinions/2013/12B2460.opn.pdf">2012-B -2460	IN RE: MARK ANDREW MOELLER</a>Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.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 Mark Andrew Moeller, Louisiana Bar Roll number 25798, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that all but ninety days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years governed by the conditions set forth in this opinion. 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.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #016</div></td></tr><tr valign="top"><td 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&nbsp;15th day of March, 2011, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2011/09KK2352.opn.pdf">2009-KK-2352	STATE OF LOUISIANA v. JOHNNY MORGAN</a>&nbsp;(Parish of E. Baton Rouge) (Possession of Cocaine)Thus, the court of appeal erred in granting the defendant&rsquo;s Motion to Suppress the evidence seized as a result of the investigatory stop. For these reasons, we reverse the judgment of the court of appeal and hold that the officer had reasonable suspicion to conduct an investigatory stop.&nbsp; REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10C0105.opn.pdf">2010-C -0105	SHERRY COLEMAN TARANTO, DEAN COLEMAN AND WILLIAM S. COLEMAN, JR. v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION D/B/A LOUISIANA CITIZENS COASTAL PLAN</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we conclude that filing of a lawsuit designated as a class action pursuant to LSA-C.C.P.art. 591, suspends prescription for all members of the putative class until the district court has ruled on the motion to certify the class. When notice is given, pursuant to LSA-C.C.P.art. 596, the suspended prescription period begins to run again. Thus, we affirm the ruling of the court of appeal. AFFIRMEDVICTORY, J., dissents and assigns reasons.&nbsp; KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs for reasons assigned by Weimer, J.&nbsp;<a href="/opinions/2011/10C0810%20CW%2010C0811.opn.pdf">2010-C -0810 C/W	2010-C -0811 ROBIN L. WEGENER, WIFE OF AND HILDRITH WEGENER, III v. LAFAYETTE INSURANCE COMPANY</a>&nbsp;(Parish of Orleans) Considering these errors, as well as the erroneous exclusion of evidence, we vacate the jury&rsquo;s verdict and judgments of the lower courts, and remand the matter to the trial court for a new trial. VACATED AND REMANDED FOR NEW TRIAL.VICTORY, J., dissenting in part and concurring in part. GUIDRY, J., concurs.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/10C1372.opn.pdf">2010-C -1372	FIA CARD SERVICES, N.A. v. WILLIAM F. WEAVER</a>&nbsp;(Parish of E. Baton Rouge)For the foregoing reasons, the court of appeal&rsquo;s judgment confirming the NAF arbitral award is reversed and vacated, and judgment on the petition to confirm is entered in favor of defendant William Weaver.&nbsp; REVERSED AND RENDERED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/10K0581.opn.pdf">2010-K -0581	STATE OF LOUISIANA v. MICHAEL PETITTO</a>&nbsp;(Parish of Tangipahoa) (Malfeasance In Office)The rulings of the lower courts are reversed, and this case is remanded to the district court for further proceeding consistent with this opinion. REVERSED AND REMANDED.KIMBALL, C.J., concurs and assigns reasons.&nbsp; JOHNSON, J., dissents for reasons assigned by Knoll, J.&nbsp; KNOLL, J., dissents and assigns reasons. GUIDRY, J., concurs in the result and assigns reasons. CLARK, J., dissents for reasons assigned by Knoll, J.&nbsp;&nbsp;<a href="/opinions/2011/10C1598.opn.pdf">2010-C -1598	J-W POWER COMPANY v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF REVENUE &amp; TAXATION</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the exception of no right of action was properly overruled by the court of appeal. The decision of the appellate court is affirmed. AFFIRMED.GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Guidry, J.&nbsp;&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2011/10C0826.opn.pdf">2010-C -0826	KEVIN AND CORLISS STENSON, ET AL. v. CITY OF OBERLIN, ET AL.</a>&nbsp;(Parish of Allen)Accordingly, we reverse the judgment of the court of appeal and reinstate the ruling of the trial court sustaining the defendant&rsquo;s peremptory exception of prescription. Furthermore, we remand the case to the trial court, which is directed to allow the plaintiffs the opportunity to amend their petition to remove the grounds of the defendant&rsquo;s peremptory exception of prescription. See La. Code Civ. Proc. art. 934. REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2011/10C0070.opn.pdf">2010-C -0070	CITY OF DEQUINCY v. RANDY JAMES HENRY</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we reverse the rulings of the courts below and render judgment.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2011/10C1342.opn.pdf">2010-C -1342 JOHN E. LAND, III, ET AL. v. DENNIS J. VIDRINE</a>&nbsp;(Parish of Lafayette)For the reasons stated herein, the case is remanded to the Fifteenth Judicial District Court in Lafayette Parish to determine whether, based on the record before it, East Baton Rouge was a parish of proper venue for purposes of La. R.S. 9:5605 only.&nbsp; REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/10KK1514.opn.pdf">2010-KK-1514	STATE OF LOUISIANA v. JAMES DERON WILLIAMS</a>&nbsp;(Parish of Sabine) (False Swearing)To this extent, resolving the split in the circuits over this question, we reverse the decision below and remand the case to the court of appeal to address the defendant's other assignments of error.&nbsp; COURT OF APPEAL DECISION REVERSED; CASE REMANDEDJOHNSON, J., dissents.&nbsp;<a href="/opinions/2011/10C1559.opn.pdf">2010-C -1559	ROLAND TOUPS, INDIVIDUALLY AND ON BEHALF OF THRIFTY LIQUOR-15 v. CITY OF SHREVEPORT</a>&nbsp;(Parish of Caddo)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated.&nbsp;<a href="/opinions/2011/10C1683.opn.pdf">2010-C -1683	JEANINE PRYOR v. IBERIA PARISH SCHOOL BOARD</a>&nbsp;(Parish of Iberia)For the reasons assigned, the judgment of the court of appeal reversing the district court&rsquo;s judgment is reversed. The district court&rsquo;s judgment dismissing plaintiff&rsquo;s suit with prejudice is reinstated.KIMBALL, C.J., concurs and assigns reasons. JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/10B2109.opn.pdf">2010-B -2109	IN RE: DAVID M. NEWELL</a>Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that David M. Newell, Louisiana Bar Roll number 1107, be and he hereby is suspended from the practice of law for one year and one day. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years governed by the conditions set forth in this opinion. Any misconduct by respondent 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.&nbsp;<a href="/opinions/2011/10B2124.opn.pdf">2010-B -2124	IN RE: DENNIS R. WHALEN</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 the formal charges against respondent, Dennis R. Whalen, be and hereby are dismissed.&nbsp;<a href="/opinions/2011/10B2450.opn.pdf">2010-B -2450	IN RE: DARYL GOLD</a>Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Daryl Gold, Louisiana Bar Roll number 6083, be and he hereby is suspended from the practice of law for two years. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years. Any misconduct by respondent 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.&nbsp;
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #016</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;29th day of February, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/99c2061.opn.pdf">1999-C- 2061 IRAY LEDOUX v. CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ET AL.</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the court of appeal in favor of the City of Baton Rouge/Parish of East Baton Rouge and the Greater Baton Rouge Airport District granting the exception of prescription and dismissing Iray Ledoux's suit is reversed. The judgment of the trial court denying the exception of prescription is reinstated. The case is remanded to the court of appeal to consider the issues not reached in its previous opinion. All costs are assessed against defendants. TRAYLOR, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/98c1977.opn.pdf">1998-C - 1977 RICKY G. SPRADLIN v. ACADIA-ST. LANDRY MEDICAL FOUNDATION</a> (Parish of Acadia) For these reasons, the judgment of the court of appeal is affirmed.KIMBALL, J., not on panel. Rule IV, part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/99k1272.opn.pdf">1999-K- 1272 STATE OF LOUISIANA v. ANWAR HADDAD SENTENCED AS ("ANWAR G. HADDAD")&nbsp;</a>(Parish of Jefferson) (Possession of a Firearm by a Convicted Felon) Accordingly, we reverse the conviction and sentence and remand this matter to the trial court for a new trial.VICTORY, J., not on panel. Rule IV, Part 2, &sect;3. TRAYLOR, J., dissents for reasons assigned by Knoll, J. <a href="/opinions/2000/99k1272.jtk.pdf">KNOLL, J., dissents and assigns reasons</a>.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/99c2181.opn.pdf">1999-C- 2181 C/W 1999-C- 2257 INDEPENDENT FIRE INSURANCE COMPANY, ELIZABETH CANNON, WIFE OF AND NARY CANNON v. SUNBEAM CORPORATION,&nbsp;SUNBEAM-OSTER COMPANY, INC. AND SUNBEAM-OSTER HOUSEWARES, INC. DBA SUNBEAM OUTDOOR PRODUCTS, AND RAY JENKINS AND/OR OTHA JENKINS DBA JENKINS TOWING AND JENKINS SHELL SERVICE STATION</a> (Parish of St. Tammany) The decisions of the lower courts granting Jenkins Shell's motion for summary judgment are reversed and this case is remanded to the trial court for trial on the merits. REVERSED AND REMANDED.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. TRAYLOR, J., dissents for reasons assigned by Knoll, J. <a href="/opinions/2000/99c2181.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99b2779.pc.pdf">1999-B- 2779 IN RE: LEONARD J. CLINE </a>(DISCIPLINARY PROCEEDINGS) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Leonard J. Cline be suspended from the practice of law in Louisiana for a period of six months. Three months of said suspension shall be deferred, subject to the conditions recommended by the disciplinary board. All costs and expenses in this matter are assessed against respondent in accordance with&nbsp;<a href="/rules/html/ptbrul19.html">Supreme Court Rule XIX, &sect;10.1&nbsp;</a>, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.CALOGERO, C.J., not on panel; recused. Rule IV, Part 2, &sect;3. LEMMON, J., dissents in part, and votes to defer the entire suspension, as recommended by the hearing committee.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 17th day of March, 2023 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2023/22-1072.C.OPN.pdf">2022-C-01072&nbsp;SHARON TISDALE VS. DAVID HEDRICK AS SHERIFF OF CONCORDIA PARISH AND MATTHEW MORGAN</a>&nbsp;(Parish of Concordia) AFFIRMED AS AMENDED. SEE OPINION.Hughes, J., dissents in part and assigns reasons. Griffin, J., concurs in part, dissents in part, and assigns reasons. &nbsp;&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2023/22-0841.C.OPN.pdf">2022-C-00841&nbsp;LASHONDRA JONES VS. MARKET BASKET STORES, INC.</a>&nbsp;(Parish of Calcasieu) APPELLATE COURT DECISION VACATED; DISTRICT COURT JUDGMENT REINSTATED; GENERAL DAMAGE AWARD AFFIRMED. SEE OPINION.Weimer, C.J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2023/22-0849.CC.OPN.pdf">2022-CC-00849&nbsp;SUZANNE FARRELL AND JOSEPH FARRELL VS. CIRCLE K STORES, INC. AND THE CITY OF PINEVILLE</a>&nbsp;(Parish of Rapides) REVERSED AND RENDERED. SEE OPINION.Weimer, C.J., concurs in the result and assigns reasons. Hughes, J., dissents and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2023/22-1288.C.OPN.pdf">2022-C-01288&nbsp;1026 CONTI HOLDING, LLC VS. 1025 BIENVILLE, LLC</a>&nbsp;(Parish of Orleans Civil) AFFIRMED. SEE OPINION.Weimer, C.J., concurs in the result and assigns reasons. Hughes, J., additionally concurs and assigns reasons. &nbsp;<a href="/opinions/2023/22-1349.C.OPN.pdf">2022-C-01349&nbsp;CAJUN CONTI LLC, CAJUN CUISINE 1 LLC, AND CAJUN CUISINE LLC D/B/A OCEANA GRILL VS. CERTAIN UNDERWRITER AT LLOYD'S, LONDON AND GOVERNOR JOHN B. EDWARDS IN HIS CAPACITY AS GOVERNOR OF THE STATE OF LOUISIANA, AND THE STATE OF LOUISIANA</a>&nbsp;(Parish of Orleans Civil) COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT REINSTATED. SEE OPINION.Hughes, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Justice Hughes. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>The Opinions handed down on the&nbsp;15th day of March, 2016, are as follows: BY WEIMER, J.:&nbsp;<a href="/opinions/2016/15CJ1812.opn.pdf">2015-CJ-1812 TRACIE F. v. FRANCISCO D.</a>&nbsp;(Parish of Jefferson)Accordingly, while we disagree with the appellate court's reasoning, we affirm the appellate court's decision to reinstate the child's maternal grandmother as the domiciliary parent in a joint custody arrangement with the child's biological father. AFFIRMED.KNOLL, J., concurs in the result for the reasons assigned by Crichton, J. HUGHES, J., dissents with reasons. CRICHTON, J., concurs in the result and assigns reasons.&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/2015O1691.OPN.pdf">2015-O -1691 IN RE: JUSTICE OF THE PEACE LEROY J. LAICHE, JR., SECOND JUSTICE COURT, PARISH OF ASCENSION, STATE OF LOUISIANA</a> (Judiciary Commission)Accordingly, for the reasons stated herein, it is ordered, adjudged, and decreed that respondent, Justice of the Peace Leroy J. Laiche, Jr., Second Justice of the Peace Court, Parish of Ascension, State of Louisiana, be, and is hereby, removed from office, and that his office be, and is hereby, declared to be vacant. Further, the respondent is ordered pursuant to La. Sup.Ct. Rule XXIII, &sect; 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, we cast the respondent with $14,243.80 in costs incurred in the investigation and prosecution of his case. REMOVAL FROM JUDICIAL OFFICE ORDERED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Weimer, J.&nbsp;BY CLARK, J.: <a href="/opinions/2016/2015C1793.OPN.pdf">2015-C -1793 COASTAL DRILLING COMPANY, L.L.C. v. BARRY J. DUFRENE, IN HIS CAPACITY AS DIRECTOR OF ST. MARY PARISH SALES AND USE TAX DEPARTMENT AND EX-OFFICIO TAX COLLECTOR FOR ST. MARY PARISH</a>&nbsp;(Parish of St. Mary)We reverse the decree of unconstitutionality of LAC 61:I:4403(A) and (B)(2)render summary judgment in favor of Coastal Drilling. Accordingly, we order the refund of all taxes paid under protest, along with interest as allowed by law. REVERSED AND RENDERED.KNOLL, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons. HUGHES, J., dissents with reasons.&nbsp; BY HUGHES, J.: <a href="/opinions/2016/2015CC1114.OPN.pdf">2015-CC-1114 IN RE: MEDICAL REVIEW PANEL CLAIM OF ROSE TILLMAN C/W IN RE: THE MEDICAL REVIEW PANEL CLAIM OF ROSE TILLMAN C/W JAHMAL T. TILLMAN AND JIRUS T. TILLMAN, ON BEHALF OF THE DECEDENT, ROSE TILLMAN v. THE STATE OF LOUISIANA, ON BEHALF OF DURGA RAM SURE, M.D., ET AL.</a>&nbsp;(Parish of Jefferson)In the case of In Re: Medical Review Panel Claim of Rose Tillman, the judgment of the appellate court is reversed and the district court judgment, denying the defendants&rsquo; peremptory exceptions, pleading the objection of prescription, is reinstated; we remand the matter to the 24th Judicial District Court for the Parish of Jefferson for further proceedings. REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED TO DISTRICT COURT.GUIDRY, J., concurs for the reasons assigned by Crichton, J. CRICHTON, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2016/2015CC163%20CW%202015CC1264.OPN.pdf">2015-CC-1263 C/W 2015-CC-1264 IN RE: MEDICAL REVIEW PANEL FOR THE CLAIM OF PEIGHTON MILLER, ET AL. v. TULANE LAKESIDE HOSPITAL, ET AL.</a>&nbsp;(Parish of Jefferson)In the case of In Re: Medical Review Panel Proceedings for the Claim of Peighton Miller v. Tulane-Lakeside Hospital, the judgment of the appellate court is reversed and the matter is remanded to Fifth Circuit Court of Appeal, with instructions to rule on the pretermitted assignment of error. REVERSED AND REMANDED WITH INSTRUCTIONS.GUIDRY, J., concurs for the reasons assigned by Crichton, J. CRICHTON, J., concurs in the result and assigns reasons. BY CRICHTON, J.: <a href="/opinions/2016/2014KO1555.OPN.pdf">2014-KO-1555 STATE OF LOUISIANA v. GERALD W. DAHLEM</a>&nbsp;(Parish of Washington) (Habitual Offender)Based upon the foregoing analysis, although we find the trial court may have considered the documentary evidence necessary to impose the enhanced provisions set forth in 14:98(E)(4)(a), as evidenced by the trial court&rsquo;s original sentence, we are unable to reach the jury composition issue. Even assuming a possible jury composition error, we find it was rendered moot by the defendant&rsquo;s multiple offender status, which required that he be sentenced under the mandatory hard labor requirement set forth in La. R.S. 15:529.1(G). For these reasons, we affirm the defendant&rsquo;s conviction and sentence. AFFIRMED.KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. HUGHES, J., concurs in the result.&nbsp;<a href="/opinions/2016/2015CC1754.OPN.pdf">2015-CC-1754 RICHARD DUPUY AND HIS WIFE, MELISSA DUPUY v. NMC OPERATING COMPANY, L.L.C. D/B/A THE SPINE HOSPITAL OF LOUISIANA, FORMERLY, THE NEUROMEDICAL CENTER HOSPITAL</a>&nbsp;(Parish of E. Baton Rouge)For the reasons set forth above, we hold that the plaintiffs&rsquo; claims that the Hospital failed to properly maintain and service equipment used in the sterilization of surgical instruments falls within the Louisiana Medical Malpractice Act. We therefore find that the district court erred in denying the Hospital&rsquo;s second exception of prematurity in part and find that the district court should have granted the Hospital&rsquo;s second exception of prematurity in its entirety. The ruling of the district court is reversed.&nbsp; REVERSED.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td 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&nbsp;17th day of March, 2009, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/07K1804.opn.pdf">2007-K -1804 STATE OF LOUISIANA v. JAKE DESOTO</a>&nbsp;(Parish of Avoyelles) (Negligent Homicide)Retired Judge Moon Landrieu sitting ad hoc for Knoll, J., recused.Accordingly, this Court reverses the decision of the Third Circuit on rehearing, reinstates the jury's conviction for negligent homicide and the concomitant sentence previously imposed by the trial court in accordance with this opinion, and remands to the trial court for consideration of the sentencing error of failure to impose the probation supervision fee mandated by La.C.Cr.P. art.895.1(C).REVERSED AND REMANDED.LANDRIEU, J., dissents with reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/08C1159.opn.pdf">2008-C -1159 JUDITH SANDIFER FORMERLY KNOWN AS JUDITH HONAKER v. THE LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS, FILMORE P. BORDELON, RUBY R. CHANCELLOR, ROBERTA R. CONNELLEY, GWENDOLYN M. DUNN, SHARON K. FORE, BOBBY G. FULMER, PATRICIA S. JUNEAU, ANN C. LAWS, REBECCA A. NELSON, ROSEMARY S. PASSANTINO, EUGENE C. ST. MARTIN, WILLIAM SONNIER, JR., IDOLPHUS C. TURNLEY, JR., AND CLAIRE D. GLAVIANO</a>&nbsp;(Parish of E. Baton Rouge)After considering the record, the applicable law, and the oral argument before this Court, we have determined that the writ application was improvidently granted. Therefore, we recall the Order dated October 24, 2008 granting the writ application. The writ application is hereby denied.&nbsp; WRIT GRANT RECALLED; WRIT DENIED.KNOLL, J., concurs and assigns reasons. WEIMER, J., dissents with reasons.&nbsp;<a href="/opinions/2009/08C1268.opn.pdf">2008-C -1268 SHERRON G. BOWERS v. FIREFIGHTERS' RETIREMENT SYSTEM</a>&nbsp;(Parish of E. Baton Rouge)Calogero, C.J., retired, recused. Chief Jusice Calogero recused himself after oral argument and he has not participated in the deliberation of his case.For the reasons stated herein, the judgment of the court of appeal is reversed and the case is remanded to the district court for further proceedings in accordance with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2009/08C1667.opn.pdf">2008-C -1667 PEGGIE HUNTER v. MORTON'S SEAFOOD RESTAURANT &amp; CATERING AND XYZ INSURANCE COMPANY</a>&nbsp;(Parish of St. Tammany)Based on the foregoing, we hold that the meaning of the word "forward" in La. R.S. 13:850, means to "send" the document. Because the trial court has made no factual finding of when Ms. Hunter "forwarded" her original document and required fees, this matter is hereby remanded for further proceedings consistent with the opinions expressed herein.&nbsp; REMANDED.WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/opinions/2009/08KA2215cw08KA2311.opn.pdf">2008-KA-2215 C/W 2008-KA-2311 STATE OF LOUISIANA v. SHANNON MCBRIDE BERTRAND C/W STATE OF LOUISIANA v. WILFORD FREDERICK CHRETIEN, JR.</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, we reverse the district court's ruling on the constitutionality of Article 782 and remand these consolidated cases to the district court for further proceedings consistent with the views expressed in this opinion. REVERSED AND REMANDEDWEIMER, J., concurs with reasons.&nbsp;BY KNOLL, J.:<a href="/opinions/2009/08C0399.opn.pdf">2008-C -0399 ARTHUR SNOWTON v. SEWERAGE AND WATER BOARD</a>Calogero, C.J. retired, recused. Chief Justice Calogero recused himself after oral argument, and he has not participated in the deliberation of this case.For the foregoing reasons, we find the court of appeal did not err in refusing to refer this matter to a five-judge panel for reargument and affirm the judgment of the court of appeal reversing the judgment of the OWC. Case remanded to the OWC in keeping with the Court of Appeal opinion.AFFIRMED and REMANDED.JOHNSON, J., dissents and assigns reasons.&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08B0954.opn.pdf">2008-B -0954 IN RE: ROY A. RASPANTI</a> (Disciplinary Proceedings)Accordingly, we conclude that a public reprimand issue against Respondent, and that he be cast for costs of these proceedings. PUBLIC REPRIMAND IMPOSED; RESPONDENT CAST FOR COSTS OF THESE PROCEEDINGS.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/08C1185.opn.pdf">2008-C -1185 BARABAY PROPERTY HOLDING CORPORATION v. BOH BROTHERS CONSTRUCTION CO., L.L.C. D/B/A BOH BROTHERS CONSTRUCTION</a>&nbsp;(Parish of E. Baton Rouge)After hearing oral arguments and reviewing the issues raised by this matter, we conclude that the writ of certiorari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant's application.VICTORY, J., dissents from recalling the writ. KNOLL, J., dissents from recalling the writ. WEIMER, J., dissents from the recall of the writ.&nbsp;<a href="/opinions/2009/08CC1221.opn.pdf">2008-CC-1221 SHAUN COLEMAN v. JIM WALTER HOMES, INC.</a>&nbsp;(Parish of Natchitoches)For the reasons assigned, the judgment of the court of appeal is reversed. The motion to compel arbitration and stay proceedings filed by Jim Walter Homes, Inc. is hereby granted. Each party is to bear its own costs.&nbsp;<a href="/opinions/2009/08C1287.opn.pdf">2008-C -1287 DON L. EISENHARDT v. DORLES SNOOK AND STATE FARM FIRE &amp; CASUALTY COMPANY</a>&nbsp;(Parish of Bossier)For the reasons assigned, the judgment of the court of appeal, insofar as it reverses and amends the district court's judgment, is reversed. The judgment of the district court dismissing the demand of plaintiff, Don L. Eisenhardt, with prejudice is reinstated and affirmed in its entirety. Plaintiff to bear all costs in this court.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2009/08B2353.opn.pdf">2008-B -2353 IN RE: ROBERT A. BOOTH, JR.</a> (Disciplinary Proceedings)Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Robert A. Booth, Jr., Louisiana Bar Roll number 3271, be and he hereby is suspended from the practice of law for two years. It is further ordered that respondent shall make full restitution to Charles Carter. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td 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&nbsp;26th day of February, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/07CC1670.opn.pdf">2007-CC-1670 WILLIAM GRAY, ET UX v. AMERICAN NATIONAL PROPERTY &amp; CASUALTY CO., ET AL.</a>&nbsp;(Parish of Beauregard) Accordingly, the district court judgment is affirmed and the case is remanded to the district court. AFFIRMED AND REMANDED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/07C1785.opn.pdf">2007-C -1785 PETERSON M. YOKUM AND POLLY ELIZABETH ANDERSON v. 615 BOURBON STREET, L.L.C. D/B/A THE ROCK, OLD OPERA HOUSE, INC. D/B/A OLD OPERA HOUSE AND WILLIE MINTZ</a>&nbsp;(Parish of Orleans) Retired Judge Philip C. Ciaccio, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Chet D. Traylor, recused.Accordingly, the decision of the Court of Appeal is reversed and the case is remanded to the trial court for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/07C1014.opn.pdf">2007-C -1014 KELLY G. AUCOIN, ET AL. v. SOUTHERN QUALITY HOMES,LLC, ET AL.&nbsp;</a>(Parish of Iberia) For the reasons expressed herein, the judgment of the court of appeal is affirmed in part and reversed in part and the case is remanded to the trial court for further proceedings. AFFIRMED IN PART; REVERSED IN PART; REMANDED TO TRIAL COURT.KNOLL, J., dissents in part and assigns reasons.&nbsp;<a href="/opinions/2008/07CJ1487.opn.pdf">2007-CJ-1487 STATE OF LOUISIANA v. JOHN MELVIN WATKINS</a>&nbsp;(Parish of Caddo) For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the Caddo Parish Juvenile Court is reinstated. REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/07C1726.opn.pdf">2007-C -1726 DARRYL SAMAHA, HUSBAND OF/AND KARMAN SAMAHA v. DAVID J. RAU, M.D.</a>&nbsp;(Parish of Terrebonne) For the reasons stated herein, the judgment of the court of appeal is reversed, and the judgment of the trial court granting defendant's motion for summary judgment is reinstated. REVERSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/07K0219.opn.pdf">2007-K -0219 STATE OF LOUISIANA v. RANCE DUNBAR</a>&nbsp;(Parish of Orleans) (Unauthorized Use of a Motor Vehicle - Third Felony Offender) Accordingly, the decision of the court of appeal is reversed and this case is remanded for consideration of the defendant's remaining assignments of error pretermitted on original appeal. DECISION OF COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2008/07K0931.opn.pdf">2007-K -0931 STATE OF LOUISIANA v. DEJOSHUA L. WILLIAMS</a>&nbsp;(Parish of Jefferson) (Aggravated Flight From an Officer) Accordingly, the decision of the court of appeal is reversed, defendant's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence.&nbsp;<a href="/opinions/2008/07CC1091.opn.pdf">2007-CC-1091 FREY PLUMBING COMPANY, INC. v. CELESTE FOSTER</a> (First City Court For The City Of New Orleans) For the reasons assigned, the judgment of the trial court granting partial summary judgment in favor of Celeste Foster is reversed. The case is remanded to the trial court for further proceedings consistentwith this opinion. All costs in this court are assessed against Celeste Foster.&nbsp;<a href="/opinions/2008/07B2061.opn.pdf">2007-B -2061 IN RE: RICHARD E. LEE</a>&nbsp; (Disciplinary Proceedings) 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 Richard E. Lee, Louisiana Bar Roll number 7904, be and he hereby is suspended from the practice of law for six months, with all but forty-five days deferred, subject to the conditions set forth in this opinion. Any failure of respondent to comply with these conditions 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's judgment until paid.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td 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&nbsp;22nd day of February, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/06C2227.opn.pdf">2006-C -2227 ELIZABETH W. NAQUIN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVENMENT, CITY OF LAFAYETTE, AND LAFAYETTE PUBLIC UTILITIES AUTHORITY</a>&nbsp;(Parish of Lafayette) For the foregoing reasons, the court of appeal decision enjoining the issuance of the bonds authorized by Bond Ordinance 0-053-2006 is reversed and the plaintiffs' demand that the issuance of the bonds beenjoined is denied. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/06K0402.opn.pdf">2006-K -0402 STATE OF LOUISIANA v. RANDY ROSE</a>&nbsp;(Parish of Orleans) (Second Degree Murder) For the above reasons, we conclude the trial court did not err in admitting the other crimes evidence at issue. The court of appeal's judgment that the crimes were too dissimilar to be properly introduced under La. C.E. art. 404(B) and Prieur is in error. Accordingly, the judgment of the court of appeal is reversed and defendant's conviction and sentence are reinstated. The matter is remanded to the court of appeal for it to consider defendant's remaining assignment of error that was pretermitted on appeal. REVERSED AND REMANDED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/05KK2248.opn.pdf">2005-KK-2248 STATE OF LOUISIANA v. TALVIN WARREN</a>&nbsp;(Parish of Iberia) Thus, we find the court of appeal erred in affirming the trial court's ruling granting the defendant's motion to suppress the evidence. Accordingly, the decisions of the lower courts are reversed and this matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., dissents for the legal reasons cited by Traylor, J. VICTORY, J., concurs in the result by Weimer, J. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/06C1883.opn.pdf">2006-C -1883 GOLDIE JACK v. ALBERTO-CULVER USA, INC.</a>&nbsp;(Parish of Evangeline) For the reasons stated herein, the judgments of the trial court and thecourt of appeal are reversed and the case is dismissed. REVERSED.JOHNSON, J., dissents.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/06CC1505.opn.pdf">2006-CC-1505 HOWARD P. ELLIOTT, JR. v. CONTINENTAL CASUALTY COMPANY</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, for the foregoing reasons, the trial court's denial of summary judgment is reversed and summary judgment is hereby granted in favor of Continental. REVERSED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., concurs. WEIMER, J., concurs in the result.<a href="/opinions/2007/06CC1538.opn.pdf">2006-CC-1538 LINDA DUNCAN BELL v. TREASURE CHEST CASINO, L.L.C. AND JUANITA MORGAN</a>&nbsp;(Parish of Jefferson) For the foregoing reasons, we reverse the ruling of the court of appealand reinstate the judgment of the trial court. REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/06CC1774.opn.pdf">2006-CC-1774 WILLIAM J. SCHEFFLER, III v. ADAMS AND REESE, LLP, ET AL.</a>&nbsp;(Parish of Orleans) For the foregoing reasons, the judgment of the district court is reversed insofar as it overrules the exception of no cause of action as to plaintiff's claim for breach of fiduciary duty. REVERSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06OB0136.pc.pdf">2006-OB-0136 IN RE: DAVID CHRISTIAN BROWN</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2007/06B1707.pc.pdf">2006-B -1707 IN RE: VAN F. ELLENDER</a> (Office of the Disciplinary Board) Accordingly, it is the judgment of this court that the formal charges against respondent be dismissed.KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents. TRAYLOR, J., dissents.&nbsp;<a href="/opinions/2007/06B2283.pc.pdf">2006-B -2283 IN RE: JASPER N. PHARR</a>&nbsp; (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Jasper N. Pharr, Louisiana Bar Roll number 9949, be and he hereby is suspended from the practice of law for a period of three years. It is further ordered that all but one year and one day of the suspension shall be deferred. Respondent shall pay all sums remaining due and owing to Perry Johnson. 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's judgment until paid.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td 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&nbsp;17th day of March, 2006, are as follows: &nbsp;BY KIMBALL, J.: <a href="/opinions/2006/05CA0612.opn.pdf">2005-CA-0612&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LLOYD BADEAUX AND LAURA M. BADEAUX v. SOUTHWEST COMPUTER BUREAU, INC.(Parish of Ascension) C/W&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 2005-CA-0719&nbsp;</a> For all the above reasons, we find plaintiffs have not stated a cause of action for defamation under La. R.S. 18:1463 and have not stated a cause of action for the general tort of defamation. However, this case is remanded to the district court to allow plaintiffs to amend their petition to state a cause of action for the general tort of defamation. Therefore, the district court's judgment granting Southwest's exceptions of no right of action and no cause of action is reversed. The district court's declaration of unconstitutionality was premature and is therefore vacated.&nbsp; REVERSED IN PART; VACATED IN PART; AND REMANDED.&nbsp; Retired Judge Robert J. Klees, assigned as Associate Justice Ad Hoc, for Chief Justice Pascal F. Calogero, recused; and Retired Judge Lemmie O. Hightower, assigned as Associate Justice Ad Hoc, for Associate Justice John L. Weimer, recused.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;6th day of February, 2004, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03c0606.opn.pdf">2003-C -0606 YOLANDA GRIFFIN HENDERSON, ET AL. v. NISSAN MOTOR CORPORATION, ET AL.</a> (Parish of St. John the Baptist) For the foregoing reasons, we reverse the decision of the Court of Appeal and reinstate the allocation of fault by the jury.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03c1133.opn.pdf">2003-C -1133 GABRIEL OUBRE v. AZMI ESLAIH,&nbsp;REASSURANCE OF NEW YORK, NIGHTHAWK CAB COMPANY, MARC WILLIAMS AND ALLSTATE INSURANCE COMPANY C/W MELANIEESLAIH, WIFE OF/AND AZMI ESLAIH v. MARC D. WILLIAMS, ALLSTATE INSURANCE COMPANY AND LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT C/W MARTIN MONGRUE v. AZMI ESLAIH, REASSURANCE OF NEW YORK, NIGHTHAWK CAB COMPANY, MARC WILLIAMS AND ALLSTATE INSURANCE COMPANY</a> (Parish of Orleans) For the reasons stated herein, the judgments of the trial court and court of appeal are reversed, and suit against the City of New Orleans is dismissed with prejudice. REVERSED.KIMBALL, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03c1030.opn.pdf">2003-C -1030 WILLARD A. EASTIN JR., ET AL v. ENTERGY CORPORATION, ET AL.</a> (Parish of Jefferson) After a thorough review of the record and considering the arguments of the parties, we reverse the entire judgment of the court of appeal. For the preceding reasons, we reinstate the trial court judgment granting the defendants' Exception of Prescription and remand the case to the trial court for further proceedings. CALOGERO, C.J., concurs for the reasons assigned by Kimball, J. KIMBALL, J., concurs and assigns reasons. JOHNSON, J., concurs in result. VICTORY, J., concurs in result. KNOLL, J., concurs in result.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of February, 2003, are as follows:&nbsp;&nbsp;BY KIMBALL, J.:&nbsp;<a href="/opinions/2003/02cc1385.opn.pdf">2002-CC- 1385 PAUL BURGUIERES, ET AL. v. DR. O'NEILL POLLINGUE, ET AL&nbsp;</a>.&nbsp;
 (Parish of Orleans)&nbsp; For the above reasons, we find the judgment of the court of appeal is correct insofar as it granted Mrs. Pollingue's exception of res judicata as to those claims arising out of her capacity as executrix. We further find the court of appeal erred in granting the Pollingues' exceition of res judicata as to those claims that do not arise out of Mrs. Pollingue's capacity as executrix. The judgment of the court of appeal is therefore affirmed in part and reversed in part and the case is remanded to the trial court for further proceedings consistent with this opinion. This opinion should not be read to express any opinion whatsoever as to the merits of plaintiffs' second suit discussed herein or as to the propriety of damages sought in that suit.&nbsp; AFFIRMED IN PART, REVERSED IN PART, and REMANDED.&nbsp;&nbsp;<a href="/opinions/2003/02c1634.opn.pdf">2002-C - 1634 RONALD J. BOQUET, SR. v. TETRA TECHNOLOGIES, INC. AND TRAVELERS PROPERTY &amp; CASUALTY CORP.&nbsp;</a>(Office Of Workers' Compensation,&nbsp;District 9)&nbsp; For the reasons expressed above, we reverse the judgment of the court of appeal that the claim for medical benefits has not prescribed. The exception of prescription is sustained and claimant's claim for medical benefits is dismissed.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., concurs and assigns reasons.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:&nbsp;<a href="/opinions/2003/02c0826.opn.pdf">2002-C - 0826 WILLIAM G. CORBELLO, ET AL. v. IOWA PRODUCTION, SHELL OIL COMPANY, SHELL WESTERN E &amp; P, INC., ET AL&nbsp;</a>. (Parish of Calcasieu)&nbsp; Based on the above analysis, the decision of the court of appeal reinstating plaintiffs' claim for exemplary damages is hereby reversed; the breach of contract award for unauthorized disposal of saltwater is reversed and remanded to the court of appeal to determine the correct amount using the lawful rate of prejudgment interest; the court of appeal's decision in all other respects is hereby affirmed.&nbsp;CALOGERO, C.J., concurs.&nbsp; VICTORY, J., dissents in part.&nbsp; TRAYLOR, J., concurs in part and dissents in part.&nbsp; KNOLL, J., dissents in part and assigns reasons, concurs in part with reasons, and concurs in result.&nbsp; WEIMER, J., concurs.&nbsp;&nbsp;&nbsp;BY VICTORY, J.:&nbsp;<a href="/opinions/2003/02c1680.opn.pdf">2002-C - 1680 F. MILLER &amp; SONS, INC. AND LAKE CHARLES HARBOR &amp; TERMINAL DISTRICT v. CALCASIEU PARISH SCHOOL BOARD&nbsp;, RUFUS FRUGE, JR., AS DIRECTOR OF CALCASIEU PARISH SALES &amp; USE TAX DEPARTMENT, ETC.</a> (Parish of Calcasieu)&nbsp; For the reasons stated herein, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;KIMBALL, J., concurs in the result.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:&nbsp;<a href="/opinions/2003/02c1562.opn.pdf">2002-C- 1562 PARISH NATIONAL BANK v. NORMAN D. OTT, III, M.D. AND BEVERLY C. OTT&nbsp;</a>(Parish of St. Bernard)&nbsp; The judgments of the lower courts are reversed in part, as Dr. Ott is liable for the draw requests made in January 1995, after he was well aware of the previous unauthorized draw requests and failed to inform PNB. The matter is remanded to the trial court for entry of judgment in accordance with this opinion. In other respects, the trial court judgment is affirmed.&nbsp;&nbsp;<a href="/opinions/2003/02cc1813.opn.pdf">2002-CC- 1813 MARY ANNA RIVET, MINNA REE WINER, EDMOND G, MIRANNE, AND EDMOND G. MIRANNE, JR. v. REGIONS BANK, WALTER L. BROWN, JR., PERRY S. BROWN, AND FOUNTAINBLEAU STORAGE ASSOCIATES</a> (Parish of Orleans) For the foregoing reasons, the ruling of the court of appeal is reversed and the judgment of the trial court is reinstated. The matter is remanded to the trial court for disposition not inconsistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:&nbsp;<a href="/opinions/2003/01c3341.opn.pdf">2001-C - 3341 LAWRENCE MOORE v. TERRY WARE, CHAIRMAN OF THE WEST MONROE FIRE AND POLICE CIVIL SERVICE BOARD&nbsp;</a>(Parish of Ouachita)&nbsp; For the foregoing reasons, the judgment of the Court of Appeal, Second Circuit, is reversed and set aside. The decisions of the West Monroe Fire and Police Civil Service Board and the district court are reinstated.&nbsp; REVERSED.&nbsp;JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:&nbsp;<a href="/opinions/2003/02c1631.opn.pdf">2002-C - 1631 RONALD JOSEPH AUTHEMENT v. SHAPPERT ENGINEERING AND ST. PAUL FIRE &amp; MARINE INSURANCE COMPANY&nbsp;</a>(Office Of Workers' Compensation District 9)&nbsp; For the foregoing reasons, we find the workers' compensation hearing officer did not abuse his discretion in awarding penalties and attorney fees. We reverse the judgment of the court of appeal and reinstate the judgment of the workers' compensation hearing officer. Defendants are cast with all costs of this proceedings.&nbsp; REVERSED; WORKERS' COMPENSATION JUDGMENT REINSTATED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents in part and assigns reasons.&nbsp;&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2003/02c1537.pc.pdf">2002-C- 1537 DONALD JOHN SCHULINGKAMP, ET AL. v. OCHSNER CLINIC, ETC., ET AL&nbsp;</a>(Parish of Jefferson)&nbsp; Accordingly, the order granting writs of certiorari is recalled as improvidently granted.&nbsp;&nbsp;<a href="/opinions/2003/02b2164.pc.pdf">2002-B- 2164 IN RE: BERNARD JOSEPH BLAIR, II&Acirc;</a>&nbsp;(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Bernard Joseph Blair, II be suspended from the practice of law in Louisiana for a period of three months. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;&nbsp;<a href="/opinions/2003/02b2454.pc.pdf">2002-B- 2454 IN RE: RANDAL L. GAINES&nbsp;</a>(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Randal L. Gaines be suspended from the practice of law in Louisiana for a period of three months. This suspension shall be fully deferred, subject to the condition that respondent complete an extra seven hours of continuing legal education during the calendar year of 2003, in addition to his ordinary mandatory continuing legal education requirements for the year. Respondent is ordered to submit proof of compliance to the Office of Disciplinary Counsel. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;CALOGERO, C.J., concurs and assigns reasons.&nbsp; VICTORY, J., concurs in the result.&nbsp;&nbsp;<a href="/opinions/2003/02b2721.pc.pdf">2002-B- 2721 IN RE: LEE C. GREVEMBERG&nbsp;</a>(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Lee C. Grevemberg be suspended fro the practice of law in Louisiana for a period of one year. Respondent shall complete the ethics school program offered through the Louisiana State Bar Association. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #015</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of February, 2000, are as follows:&nbsp; &nbsp;BY KNOLL, J.:<a href="/opinions/2000/99c3605.opn.pdf">1999-C- 3605 DAVID G. ADKINS v. LESTER SHIELDS "BUDDY" HUCKABAY, III,SHERIFF; W. FOX MCKEITHEN, HONORABLE SECRETARY OF STATE; THE HONORABLE JERRY FOWLER, COMMISSION OF ELECTIONS&nbsp;</a>(Parish of Red River) Accordingly, for the foregoing reasons, the judgment of the court of appeal is hereby reversed and set aside. The judgment of the trial court setting aside and vacating the results of the general election held on November 20, 1999, is hereby reinstated. It is hereby ordered that a Special General Election be set for April 15, 2000, between the candidates David G. Adkins and Lester Shields "Buddy" Huckabay, III. The precinct registers to be used at said Special General Election shall include all persons registered to vote on March 15, 2000. If not already done, the Secretary of State is hereby ordered to direct the Commissioner of Elections to clear all voting machines used in Red River Parish for the November 20, 1999, election. All costs of these proceedings are assessed against the appellee, Sheriff Huckabay. REVERSED; SPECIAL GENERAL ELECTION ORDERED.TRAYLOR, J., not on panel. Rule IV, Part II, Section 3.<a href="/opinions/2000/99c3605.wfm.pdf">MARCUS, J., dissents and assigns reasons</a>. <a href="/opinions/2000/99c3605.htl.pdf">LEMMON, J., concurs and assigns reasons</a>. <a href="/opinions/2000/99c3605.cdk.pdf">KIMBALL, J., dissents and assigns reasons.</a> <a href="/opinions/2000/99c3605.bjj.pdf">JOHNSON, J., subscribed to the opinion and assigns additional concurring reasons. </a> VICTORY, J., concurs.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 21st day of March, 2025 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2025/24-0888.KK.OPN.pdf">2024-KK-00888&nbsp;STATE OF LOUISIANA VS. CHRISTOPHER RAYMOND DIANO</a>&nbsp;(Parish of Terrebonne) THE RULING OF THE DISTRICT COURT IS&nbsp;AFFIRMED. SEE OPINION.Knoll, Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Judge Frank H. Thaxton, III, retired, sitting ad hoc for Justice John Michael Guidry, recused. Crain, J., dissents and assigns reasons. McCallum, J., dissents. &nbsp;&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2025/24-0635.C.OPN.pdf">2024-C-00635&nbsp;SUCCESSION OF CLADIE J. WADE</a>&nbsp;(Parish of Rapides) REVERSED AND REMANDED. SEE OPINION.Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Weimer, C.J., additionally concurs and assigns reasons. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2025/24-0899.CC.OPN.pdf">2024-CC-00899&nbsp;KATHLEEN WELCH AND CARROLL DEWAYNE WELCH VS. UNITED MEDICAL HEALTHWEST-NEW ORLEANS L.L.C. AND UNITED MEDICAL HEALTHCARE INC.</a>&nbsp;(Parish of Jefferson) AFFIRMED. SEE OPINION.Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Hughes, J., dissents for reasons assigned by Griffin, J. and Knoll, J. and assigns additional reasons. McCallum, J., concurs in the result. Griffin, J., dissents and assigns reasons. Knoll, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2025/24-0995.CA.OPN.pdf">2024-CA-00995&nbsp;consolidated with 2024-CA-0096 DONOVAN FREMIN, STAN GUIDROZ, WILLIAM EDWIN JUDSON, JR., LUKE LABRUZZO, JR., RAWLSTON PHILLIPS, III AND SALVADOR P. TANTILLO, III VS. BOYD RACING, LLC, CHURCHILL DOWNS LOUISIANA HORSERACING COMPANY, LLC LOUISIANA DOWNS INVESTMENT COMPANY, LLC AND OLD EVANGELINE DOWNS, LLC</a>&nbsp;(Parish of East Baton Rouge) AFFIRMED. SEE OPINION.Knoll,Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. &nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2025/24-0840.C.OPN.pdf">2024-C-00840&nbsp;WILLIAM CAMPBELL VS. ORIENT-EXPRESS HOTELS LOUISIANA, INC., WINDSOR COURT HOTEL INC. OF DELAWARE, WINDSOR COURT HOTEL, L.L.C., WINDSOR COURT HOTEL LIMITED PARTNERSHIP, WINDSOR COURT MANAGEMENT LOUISIANA, INC., ABC SECURITY COMPANY, AND XYZ INSURANCE COMPANY</a>&nbsp;(Parish of Orleans Civil) COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT REINSTATED. SEE OPINION.Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Crain, J., concurs and assigns reasons. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2025/23-0159.BA.OPN.pdf">2023-BA-00159&nbsp;IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1791</a> ADMISSION GRANTED. SEE PER CURIAM.Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Weimer, C.J., dissents and assigns reasons. McCallum, J., dissents. Knoll, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2025/24-0631.C.OPN.pdf">2024-C-00631&nbsp;MAXINE THOMAS VS. HOUSING LOUISIANA NOW, L.L.C., TRACY F. ROBINSON, MASTER BUILDERS &amp; CONTRACTORS, L.L.C., RICHARD J. MITHUN, DEAN'S AIR CONDITION &amp; HEATING, L.L.C., AND DEAN WALTERS</a>&nbsp;(Parish of Orleans Civil) JUDGMENTS AFFIRMED. SEE PER CURIAM.Justice Jeanette Theriot Knoll, retired, heard this case as Justice Pro Tempore, sitting in the vacant seat for District 3 of the Louisiana Supreme Court. She is now appearing as Justice ad hoc for Justice Cade R. Cole. Retired Judge Paul A. Bonin, assigned as Justice ad hoc, sitting for Griffin, J., recused. Hughes, J., dissents for reasons assigned by Crain, J. Crain, J., dissents and assigns reasons. McCallum, J., dissents for reasons assigned by Crain, J. Knoll, J., concurs and assigns reasons. &nbsp;&nbsp;</div></div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 22nd day of March, 2024 are as follows:&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2024/23-1106.C.OPN.pdf">2023-C-01106&nbsp;THE COUNCIL OF THE CITY OF NEW ORLEANS VS. EDWARD WISNER DONATION, THE HONORABLE MAYOR LATOYA CANTRELL, IN HER OFFICIAL CAPACITY AND AS TRUSTEE, MICHAEL PENEGUY, SENATOR EDWIN MURRAY, MAJOR CHRIS THORNHILL AND PATRICK NORTON C/W THE COUNCIL OF THE CITY OF NEW ORLEANS VS. EDWARD WISNER DONATION, THE HONORABLE MAYOR LATOYA CANTRELL, IN HER OFFICIAL CAPACITY AND AS TRUSTEE, MICHAEL PENEGUY, SENATOR EDWIN MURRAY, MAJOR CHRIS THORNHILL AND PATRICK NORTON</a>&nbsp;(Parish of Orleans Civil) REVERSED AND REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Genovese, J., dissents for the reasons assigned by the court of appeal and Chief Justice Weimer. &nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2024/23-1194.CC.OPN.pdf">2023-CC-01194&nbsp;DOUGLAS BIENVENU, ET AL. VS. DEFENDANT 1 AND DEFENDANT 2 #87184 C/W JOHN DOE, ET AL. VS. DEFENDANT 1 AND DEFENDANT 2 #87515</a>&nbsp;(Parish of St. Martin) REVERSED IN PART, VACATED IN PART, AND REMANDED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents. Griffin, J., concurs in the result and assigns reasons and concurs for the reasons assigned by Justice Crichton. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2024/23-0928.C.OPN.pdf">2023-C-00928&nbsp;GUSTAVO BONILLA VS. VERGES ROME ARCHITECTS - A PROFESSIONAL ARCHITECTURAL CORPORATION, PIVOTAL ENGINEERING LLC, STEVEN HANNAH ROME AND JAMES E. AMEDEO</a>&nbsp;(Parish of Orleans Civil) COURT OF APPEAL REVERSED; TRIAL COURT JUDGMENT REINSTATED. SEE OPINION.Retired Judge Eric Harrington appointed Justice ad hoc, sitting for Hughes, J., recused in case number 2023-C-00928 only. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/23-0008.K.OPN.pdf">2023-K-00008&nbsp;STATE OF LOUISIANA VS. SHARRIEFF M. KENT</a>&nbsp;(Parish of Plaquemines) REVERSED AND REINSTATED. SEE PER CURIAM.Hughes, J., dissents and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Genovese, J., dissents for the reasons assigned by Justice Hughes and the court of appeal. Crain, J., concurs and assigns reasons. McCallum, J., concurs for the reasons assigned by Justice Crain. Griffin, J., dissents for the reasons assigned by the court of appeal. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> The Opinion(s) handed down on the 27th day of April, 2020 are as follows: BY Crain, J.: <a href="/opinions/2020/19-0514.C.OPN.pdf">2019-C-00514 JAMES J. DONELON, COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA, IN HIS CAPACITY AS REHABILITATOR OF LOUISIANA HEALTH COOPERATIVE, INC. VS. TERRY S. SHILLING, GEORGE G. CROMER, WARNER L. THOMAS, IV, WILLIAM A. OLIVER, CHARLES D. CALVI, PATRICK C. POWERS, CGI TECHNOLOGIES AND SOLUTIONS, INC., GROUP RESOURCES INCORPORATED, BEAM PARTNERS, LLC, MILLIMAN, INC., BUCK CONSULTANTS, LLC, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA</a> (Parish of East Baton Rouge) We granted this writ to determine whether the Louisiana Commissioner of Insurance, as rehabilitator of a health insurance cooperative, in an action arising out of an agreement between the cooperative and a third-party contractor, is bound by an arbitration clause in that agreement. We find the Commissioner not bound by the arbitration clause. REVERSED AND REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Weimer, J., concurs and assigns reasons. &nbsp;&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="" width="90%"><tbody style=""><tr style="" valign="top"><td style="" valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td 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 26th day of March, 2019, are as follows:
 BY GUIDRY, J.: <a href="../../opinions/2019/18-0534.CA.OPN.pdf">2018-CA-0534&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; JUSTIN ULRICH, GWEN ULRICH, RAYMOND AND PAM ALLEMAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. KIMBERLY ROBINSON, SECRETARY LOUISIANA DEPARTMENT OF REVENUE</a> (Parish of E. Baton Rouge)This is a direct appeal from the district court&rsquo;s judgment declaring unconstitutional 2015 La. Acts, No. 131, &sect; 1, which amended La. Rev. Stat. 47:6030 by placing a cap on the total amount of solar electric system income tax credits available to Louisiana taxpayers, because it retroactively deprived the plaintiffs of a vested property right and substantially impaired the obligations of private contracts. The district court also implicitly found the plaintiffs had standing to bring the constitutional claim and that a justiciable controversy existed because the constitutional issue was not moot. For the reasons set forth below, we find the district court erred in overruling the Department of Revenue&rsquo;s peremptory exception of mootness. REVERSED.HUGHES, J., dissents and assigns reasons.&nbsp;PER CURIAM:<a href="../../opinions/2019/17-0100.K.OPN.pdf">2017-K-0100&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. KHOI Q. HOANG</a> (Parish of Orleans)Here, from all of the evidence presented, a jury could reasonably infer (without speculating) that defendant removed the truck&rsquo;s license plate or directed someone else to do so because the truck was going to be used in a murder or had just been used in a murder. Thus, the majority of the panel of court below erred in finding that &ldquo;circumstantial evidence connecting Defendant to the removal of the license plate was nonexistent.&rdquo; Accordingly, we reverse the court of appeal&rsquo;s decision and reinstate defendant&rsquo;s conviction and sentence for obstruction of justice. REVERSED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2019/18-1799.B.OPN.pdf">2018-B-1799&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: DORIS MCWHITE WESTON</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 Doris McWhite Weston, Louisiana Bar Roll number 26419, be and she hereby is suspended from the practice of law for a period of one year and one day.&nbsp; This suspension shall be deferred in its entirety, subject to a two-year period of supervised probation governed by the conditions set forth in this opinion.&nbsp; The probationary period shall commence from the date respondent, the probation monitor, and the ODC sign a formal probation plan.&nbsp; Any failure of respondent to comply with these conditions, or any misconduct during the probationary period, may be grounds for making the deferred 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.&nbsp;&nbsp; &nbsp;&nbsp;
 
 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td 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&nbsp;13th day of March, 2012, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2012/10KO1724cw10KO1726.opn.pdf">2010-KO-1724 c/w 2010-KO-1726	STATE OF LOUISIANA v. GLEN DALE NELSON c/w STATE OF LOUISIANA v. MELVIN M. GOLDMAN</a>&nbsp;(Parish of Ouachita) (Illegal use of weapons; armed robbery; conspiracy to commit armed robbery; habitual offender)For the reasons assigned herein, we find the trial court erred both in its application of Batson, and in formulating a remedy for the alleged Batson violation. Therefore, we are compelled to reverse the decision of the court of appeal, vacate the convictions and sentences, and remand the matters to the trial court for a new trial. JUDGMENT OF THE COURT OF APPEAL REVERSED; DEFENDANTS' CONVICTIONS AND SENTENCES ARE VACATED. THESE MATTERS ARE HEREBY REMANDED TO THE TRIAL COURT FOR A NEW TRIAL.VICTORY, J., concurs in the result with reasons. GUIDRY, J., concurs in part and dissents in part and assigns reasons.&nbsp; SEXTON, J. ad hoc, concurs in the result.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2012/11C1003.opn.pdf">2011-C -1003	NAKISHA CREDIT AND KEVIN CREDIT, SR., INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, ADRIENNE BREANA HOWARD, KAYLIN HOWARD AND KEVIN CREDIT, JR. v. RICHLAND PARISH SCHOOL BOARD, STATE FARM MUTUAL INSURANCE COMPANY, CATHY STOCKTON, GEORGIA INEICHEN, LARRY WRIGHT, SR., SAMUEL G. HESSER, RAYVILLE HIGH SCHOOL, XYZ DUTY TEACHERS, GAIL MCCLAIN AS THE MOTHER OF COURTNEY MCCLAIN, RICHLAND CAREER CENTER AT ARCHIBALD, AND AMY DOE AS THE MOTHER OF LEBARON SLEDGE</a>&nbsp;(Parish of Richland)Thus, we reverse the ruling of the court of appeal in part, affirm that ruling in part, and remand the matter to the court of appeal for further proceedings. REVERSED IN PART; AFFIRMED IN PART; AND REMANDED.KIMBALL, C.J., dissents in part for the reasons assigned by Weimer, J.&nbsp; JOHNSON, J., dissents. WEIMER, J., dissents in part and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2012/10C2605.opn.pdf">2010-C -2605	CRAIG STEVEN ARABIE, ET AL. v. CITGO PETROLEUM CORPORATION, ET AL.</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, we reverse the rulings of the courts below in part, affirm in part, and render judgment.JOHNSON, J., concurs in part and dissents in part for reasons assigned by Knoll, J. KNOLL, J., concurs in part and dissents in part with reasons. GUIDRY, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2012/11C2132cw11C2139cw11C2142.opn.pdf">2011-C -2132 c/w 2011-C -2139 c/w 2011-C -2142 JOE OLIVER, ET AL. v. MAGNOLIA CLINIC, ET AL.</a>&nbsp;(Parish of Calcasieu)For the reasons stated herein, the judgment of the court of appeal is reversed in part and affirmed in part. The trial court judgment is reinstated in full. REVERSED IN PART; AFFIRMED IN PART. TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., concurs in part, dissents in part. VICTORY, J., concurs in part and dissents in part with reasons. KNOLL, J., concurs with reasons in the result.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2012/11K1040.opn.pdf">2011-K -1040	STATE OF LOUISIANA v. JOHN COLVIN</a>&nbsp;(Parish of Orleans) (Felony theft)Accordingly, the decision of the Fourth Circuit is reversed, the sentences imposed by the trial court are reinstated, and this case is remanded for purposes of execution of sentence. COURT OF APPEAL DECISION REVERSED; SENTENCES REINSTATED; REMANDED&nbsp;<a href="/opinions/2012/11k1044.opn.pdf">2011-K -1044	STATE OF LOUISIANA v. AUBREY BROWN</a>&nbsp;(Parish of Tangipahoa) (Simple Burglary and Simple Burglary of a Religious Building)Accordingly, the decision the court of appeal is reversed and this case is remanded for consideration of the assignments of error pretermitted on original appeal. REVERSED; CASE REMANDED&nbsp;<a href="/opinions/2012/11B1950.opn.pdf">2011-B -1950	IN RE: CLAUDE C. LIGHTFOOT, JR.</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 Claude C. Lightfoot, Jr., Louisiana Bar Roll number 17989, be and he hereby is suspended from the practice of law for six months, with all but thirty days deferred. 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.&nbsp;<a href="/opinions/2012/11B2202.opn.pdf">2011-B -2202	IN RE: JOHN CUCCI, JR.</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 John Cucci, Jr., Louisiana Bar Roll number 25016, be and he hereby is suspended from the practice of law for three years. It is further ordered that respondent provide an accounting to each of his clients subject of the formal charges, and make full restitution, 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.&nbsp;<a href="/opinions/2012/11B2232.opn.pdf">2011-B -2232	IN RE: LEONARD E. YOKUM, JR.</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 Leonard E. Yokum, Jr., Louisiana Bar Roll number 13745, be and he hereby is suspended from the practice of law for a period of three years, retroactive to February 4, 2009, the date of his interim suspension. It is further ordered that respondent pay restitution to Beverly Anthony and Louis Delaney, and refund the unearned fees owed to Clifford Millaudon and Diane Clark. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;3rd day of March, 2010, is as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2010/10C0380.opn.pdf">2010-C -0380	FRANCIS TOUCHET, JR. v. ERNAL J. BROUSSARD</a>&nbsp;(Parish of Vermilion)Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court declaring that Ernal Broussard is disqualified as a candidate for the office of councilman of District B, City of Abbeville is reinstated.&nbsp; REVERSED; TRIAL COURT JUDGMENT REINSTATED.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;2nd day of March, 2005, are as follows:&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2005/04C0100.opn.pdf">2004-C -0100&nbsp;&nbsp;&nbsp;&nbsp; RONALD K. TRAHAN v. COCA COLA BOTTLING COMPANY UNITED, INC.</a> (Office of Workers' Compensation District 3) For the reasons stated herein, the judgments of the Office of Workers' Compensation and the court of appeal are affirmed. AFFIRMED.CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2005/04C1314.opn.pdf">2004-C -1314 C/W 2004-C -1756&nbsp; VICKI COUDRAIN LANZA v. LOUIS LANZA</a>&nbsp;(Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is affirmed and the matter is remanded to the trial court for&nbsp;further proceedings in accordance with this opinion.
	 AFFIRMED; REMANDED.JOHNSON, J., concurs.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2005/04CA1190.opn.pdf">2004-CA-1190 LAKE CHARLES PILOTS, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge) CONSOLIDATED WITH: 2004-CA-1191&nbsp;&nbsp;C/W 2004-CA-1192&nbsp;&nbsp;CITGO PETROLEUM CORPORATION AND CONOCO, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of E. Baton Rouge)&nbsp;&nbsp; The writs in 2004-CD-0914 and 2004-CD-0917 are denied. The motion to dismiss appeals filed by CITGO and Conoco is also denied. Furthermore, pursuant to Act 902 of the 2004 Regular Legislative Session, which amended La. R.S. 34:1121, this matter is remanded to the Pilotage Fee Commission for a determination of the fees and tariffs at issue. &nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2005/04OC1664.opn.pdf">2004-OC-1664 R. J. MESSINGER, INC. v. CARL D. ROSENBLUM AND KATHRYN L. KNAUSS-ROSENBLUM C/W CARL D. ROSENBLUM AND KATHRYN L. KNAUSS-ROSENBLUM v. R. J. MESSINGER, INC.</a>&nbsp;(Parish of Orleans) For the above and foregoing reasons, the judgment of the court of appeal dismissing relators' appeal is vacated and set aside. This matter is remanded to the court of appeal for further proceedings consistent with the views expressed herein. VACATED AND REMANDED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2005/04B2604.pc.pdf">2004-B -2604 IN RE: CRAIG J. HATTIER</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 Craig Joseph Hattier, Louisiana Bar Roll number 6651, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked, retroactive to his March 27, 2002 interim suspension. 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;26th day of February, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/00k3437.opn.pdf">2000-K- 3437 STATE OF LOUISIANA v. LEVY BRISBAN&nbsp;</a>(Parish of Orleans) (Attempted Possession of Cocaine) For the reasons discussed above, the decision below is reversed, and defendant's conviction and sentence are reinstated. Because the court of appeal's opinion pretermitted several of defendant's assignments of error, the case is remanded to the court of appeal for consideration of defendant's remaining assignments of error. JUDGMENT REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO THE COURT OF APPEAL.JOHNSON, J., dissents.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2002/01cc1646.opn.pdf">2001-CC- 1646 LONNIE C. RENFROE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF ROSE RENFROE AND JUDITH RENFROE PRINCE v. STATE OF LOUISIANA&nbsp;THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ROAD DISTRICT NO. 1 OF THE PARISH OF JEFFERSON, AND THE GREATER NEW ORLEANS EXPRESSWAY COMMISSION</a> (Parish of Jefferson) For the reasons stated herein, the judgments of the lower courts are reversed and the case is remanded to the trial court for the granting of Road District No. 1's and the GNOEC's exceptions of prescription for the reasons stated herein. REVERSED AND REMANDED.JOHNSON, J., dissents. <a href="/opinions/2002/01cc1646.jtk.pdf">KNOLL, J., dissents and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/01c1765.opn.pdf">2001-C- 1765 TERRANCE TUNSTALL v. ELVIN STIERWALD AND TRAVELERS INSURANCE COMPANY&nbsp;</a>(Parish of Orleans) It is hereby ordered, adjudged and decreed that the judgment of the lower courts is affirmed as to liability only. The judgment is reformed to list only Elvin Stierwald and the Phoenix Insurance Company as defendants. Furthermore, Phoenix's liability to plaintiff is limited to the policy limits of $50,000. REVERSED AND RENDERED.JOHNSON, J., concurs. VICTORY, J., concurs.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2002/00kp2739.opn.pdf">2000-KP- 2739 STATE OF LOUISIANA v. ARNOLDO MONTALBAN&nbsp;</a>(Parish of Jefferson) (Aggravated Criminal Damage to Property) For the foregoing reasons, we reverse the decision of the Court of Appeal, Fifth Circuit. In accordance with our determination hereinabove, we reinstate the trial court's denial of defendant's motion to vacate his guilty plea. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/00kp2739.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a>JOHNSON, J., dissents.&nbsp; &nbsp;&nbsp;<a href="/opinions/2002/00k3459.opn.pdf">2000-K- 3459 STATE OF LOUISIANA v. WILLIE HARRIS, JR.&nbsp;</a>(Parish of Orleans) (Manslaughter) For the foregoing reasons, we affirm the defendant's conviction and sentence. AFFIRMED.&nbsp; &nbsp;<a href="/opinions/2002/01c1878.opn.pdf">2001-C- 1878 ROY ARRIOLA v. ORLEANS PARISH SCHOOL BOARD&nbsp;</a>(Parish of Orleans) For the foregoing reasons, the judgments of the District Court and the Court of Appeal are hereby reversed and vacated, and the decision of the Orleans Parish School Board to terminate Roy Arriola's employment is reinstated. REVERSED AND RENDERED.<a href="/opinions/2002/01c1878.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons&nbsp;</a>. VICTORY, J., additionally concurs with reasons assigned by Chief Justice Calogero.&nbsp; &nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2002/01c1697.opn.pdf">2001-C- 1697 MICHAEL E. ROBINSON v. CAROLYN S. HEARD&nbsp;, IMPERIAL ADJUSTMENT CORPORATION, AND INTERSTATE FIRE AND CASUALTY INSURANCE COMPAN</a>Y (Parish of E. Baton Rouge) For the foregoing reasons, the appellate court decision is reversed and the judgment rendered by the district court is reinstated. REVERSED AND RENDERED.&nbsp; <a href="/opinions/2002/01c1697.bjj.pdf">JOHNSON, J., dissents and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/01c0735.pc.pdf">2001-C- 0735 LOUISIANA ASSESSORS' RETIREMENT FUND, ET AL. v. CITY OF NEW ORLEANS&nbsp;</a>, ET AL. (Parish of E. Baton Rouge) Because plaintiffs have failed to meet the burden of showing that a delay in obtaining ordinary relief would cause injustice sufficient to warrant the issuance of a writ of mandamus, we reverse the judgment of the court of appeal and recall and annul the writ of mandamus issued by the trial court. REVERSED. WRIT OF MANDAMUS RECALLED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c0735.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons.&nbsp;</a> &nbsp;<a href="/opinions/2002/01c1329.pc.pdf">2001-C- 1329 JEAN BOUDREAUX, ET AL. v. THE STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT&nbsp;</a>(Parish of Tangipahoa) For the foregoing reasons, we dismiss our writ of certiorari and deny DOTD's declinatory exception of lack of subject matter jurisdiction. This matter is remanded to the trial court for determination of damages. WRIT OF CERTIORARI DISMISSED. DECLINATORY EXCEPTION DENIED. CASE REMANDED TO THE DISTRICT COURT FOR THE DETERMINATION OF DAMAGES.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.JOHNSON, J., concurs. VICTORY, J., concurs.&nbsp; &nbsp;<a href="/opinions/2002/01b2260.pc.pdf">2001-B- 2260 IN RE: LARRY E. BROOME </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Larry E. Broome be suspended from the practice of law in Louisiana 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, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment, until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #014</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;9th day of February, 2001, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2001/00cc2161.pc.pdf">2000-CC- 2161 URSULA BULOT, ET AL v. INTRACOASTAL TUBULAR SERVICES INC., ET AL</a> (Parish of Orleans) Accordingly, we conclude that the judgment below does not require the exercise of our supervisory authority. We therefore recall our order granting certiorari as improvidently granted, and deny the application, on the ground that the result is correct.James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #013</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style>&nbsp;The Opinions handed down on the 25th day of March, 2022 are as follows:<h1>BY Weimer, C.J.: </h1><a href="/opinions/2022/21-1801.O.OPN.pdf">2021-O-01801 IN RE: JUDGE JERRY L. DENTON, JR.</a> SUSPENSION IMPOSED. SEE OPINION Crichton, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. McCallum, J., dissents and assigns reasons &nbsp;<h1>BY Hughes, J.: </h1><a href="/opinions/2022/21-0929.CQ.OPN.pdf">2021-CQ-00929 OFFICER JOHN DOE, POLICE OFFICER VS. DERAY MCKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED</a> CERTIFIED QUESTION ANSWERED. SEE OPINION. Weimer, C.J., concurs and assigns reasons. Crichton, J., concurs for the reasons assigned by Chief Justice Weimer. Genovese, J., additionally concurs in the result and assigns reasons. Crain, J., concurs in part and assigns reasons. Griffin, J., dissents and assigns reasons. &nbsp;<h1>BY Crichton, J.: </h1><a href="/opinions/2022/21-0838.C.OPN.pdf">2021-C-00838 LEISURE RECREATION &amp; ENTERTAINMENT, INC. VS. FIRST GUARANTY BANK</a> (Parish of East Baton Rouge) REVERSED AND REMANDED. SEE OPINION. Retired Judge Madeline Jasmine appointed Justice ad hoc sitting for Hughes, J., recused in case number 2021-C-00838 only. Retired Chief Justice Bernette Joshua Johnson appointed Justice ad hoc sitting for Crain, J., recused in case number 2021-C-00838 only. Johnson, J., concurs in part, dissents in part and assigns reasons. Jasmine, J., concurs in part, dissents in part and assigns reasons. &nbsp;<h1></h1><a href="/opinions/2022/21-0840.C.OPN.pdf">2021-C-00840 RONALD HICKS VS. USAA GENERAL INDEMNITY COMPANY, ROBERT L. HARGER, JR., R.L. HARGER AND ASSOCIATES, INC., AND HARGER AND COMPANY, INC.</a> (Parish of Pointe Coupee) REVERSED AND REMANDED. SEE OPINION. Retired Judge Paul Bonin appointed Justice ad hoc sitting for Hughes, J., recused in case number 2021-C-00840 only.Weimer, C.J., additionally concurs and assigns reasons. &nbsp;<h1>BY Crain, J.: </h1><a href="/opinions/2022/21-0993.C.OPN.pdf">2021-C-00993 DEJAUN D. KENDRICK, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILD, JUELZ AMYRION KENDRICK VS. ESTATE OF ANTHONY MICHAEL BARRE, ANGEL C. BARRE, BARBARA C. BARRE AND STANFORD BARRE</a> (Parish of Orleans Civil) REVERSED. SEE OPINION. Weimer, C.J., additionally concurs and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Griffin, J., additionally concurs for the reasons assigned by Chief Justice Weimer. &nbsp;<h1>BY McCallum, J.: </h1><a href="/opinions/2022/21-0858.CA.OPN.pdf">2021-CA-00858 WILLIAM MELLOR, ET AL. VS. THE PARISH OF JEFFERSON</a> (Parish of Jefferson) AFFIRMED AND REMANDED. SEE OPINION. Weimer, C.J., dissents and assigns reasons. Crichton, J., dissents for the reasons assigned by Chief Justice Weimer. &nbsp;<a href="/opinions/2022/21-1414.CA.OPN.pdf">2021-CA-01414 WESTLAWN CEMETERIES, L.L.C. VS. THE LOUISIANA CEMETERY BOARD</a> (Parish of Jefferson) AFFIRMED. SEE OPINION. &nbsp;<h1>PER CURIAM: </h1><a href="/opinions/2022/21-1159.C.OPN.pdf">2021-C-01159 SUCCESSION OF DEAN ALLEN BRADLEY</a> (Parish of Jefferson) RULING OF THE COURT OF APPEAL REVERSED. TRIAL COURT JUDGMENT REINSTATED. SEE PER CURIAM. &nbsp;<a href="/opinions/2022/21-1198.B.OPN.pdf">2021-B-01198 IN RE: LANE NORWOOD BENNETT</a> SUSPENSION IMPOSED. SEE PER CURIAM. Crichton, J., additionally concurs and assigns reasons. &nbsp;<a href="/opinions/2022/21-1439.B.OPN.pdf">2021-B-01439 IN RE: TIMOTHY DAVID RAY</a> SUSPENSION IMPOSED. SEE PER CURIAM. Retired Judge Jimmie C. Peters appointed Justice ad hoc sitting for Griffin, J., recused in case number 2021-B-01439 only. Weimer, C.J., dissents in part and assigns reasons. Crain, J., concurs. &nbsp;<a href="/opinions/2022/21-0566.C.OPN.pdf">2021-C-00566 COX, COX, FILO, CAMEL &amp; WILSON, LLC VS. LOUISIANA WORKERS' COMPENSATION CORPORATION</a> (Parish of Calcasieu) AFFIRMED AS AMENDED. SEE PER CURIAM. Weimer, C.J., dissents and assigns reasons. Crichton, J., concurs in the result and assigns reasons. Crain, J., dissents in part and assigns reasons. McCallum, J., concurs in the result for the reasons assigned by Justice Crichton. &nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #013</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 24th day of March, 2021 are as follows:<h1>BY Weimer, C.J.:</h1><a href="/Opinions/2021/20-0693.C.OPN.pdf">2020-C-00693 JAMES J. HARTMAN, JR. VS. ST. BERNARD PARISH FIRE DEPARTMENT &amp; FARA</a> (Office of Workers&rsquo; Compensation, District 7) AFFIRMED. SEE OPINION.Hughes, J., additionally concurs and assigns reasons. Crichton, J., additionally concurs and assigns reasons. Genovese, J., additionally concurs and assigns reasons. McCallum, J., additionally concurs for the reasons assigned by Justice Crichton. Griffin, J., additionally concurs and assigns reasons.&nbsp;<h1>BY Genovese, J.:</h1><a href="/Opinions/2021/20-1094.CC.OPN.pdf">2020-CC-01094 CHARLES HIGGINS VS. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY</a> (Parish of East Baton Rouge) REVERSED AND REMANDED. SEE OPINION.Crichton, J., additionally concurs and assigns reasons.&nbsp;BY Crain, J.:<a href="/Opinions/2021/20-0571.C.OPN.pdf">2020-C-00571 MARTY MELERINE AND OYSTER FISHERIES, INC. VS. TOM'S MARINE &amp; SALVAGE, LLC, TOM'S WELDING, INC., TRIPLE T MARINE, LLC, CAPTAIN JAMES WILLIAMS, ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, AND ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE</a> (Parish of St. Bernard) REVERSED AND REMANDED. SEE OPINION.Hughes, J., concurs and assigns reasons.&nbsp;<h1>BY Griffin, J.:</h1><a href="/Opinions/2021/20-0730.CC.OPN.pdf">2020-CC-00730 DONNA BROWN VS. RALPH CHESSON, M.D.</a> (Parish of Orleans Civil) REVERSED AND REMANDED. SEE OPINION.&nbsp;<h1>PER CURIAM:</h1><a href="/Opinions/2021/20-1139.B.OPN.pdf">2020-B-01139 IN RE: MARK G. SIMMONS</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., dissents and assigns reasons.<a href="/Opinions/2021/20-1126.B.OPN.pdf">2020-B-01126 IN RE: CLARENCE T. NALLS, JR.</a> DISBARMENT IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part, dissents in part and assigns reasons. Crichton, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Justice Crichton.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #013</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>The Opinions handed down on the&nbsp;17th day of March, 2015, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2015/14C1475.opn.pdf">2014-C -1475	MICHAEL O. READ v. WILLWOODS COMMUNITY</a>&nbsp;(Parish of Jefferson)Because we find there is no fixed term employment contract, Mr. Read was an at-will employee who could essentially be terminated at any time. Thus, Mr. Read has no enforceable action under Louisiana law for damages for his dismissal. We therefore reverse the ruling of the court of appeal.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2015/14O2515.opn.pdf">2014-O -2515	IN RE: JUDGE SHEVA M. SIMS SHREVEPORT CITY COURT CADDO PARISH STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)For the reasons assigned, it is ordered that Judge Sheva M. Sims be suspended for 30 days without pay for violating Canons 1, 2A, 3A(1), 3A(2), 3A(3), 3A(4), 3A(7) of the Code of Judicial Conduct, and La. Const. art.V,&sect; 25(C). It is further ordered that Judge Sheva M. Sims reimburse the Judiciary Commission of Louisiana costs totaling $ 4,691.95. KNOLL, J., dissents for the reasons assigned by Justice Guidry. WEIMER, J., concurs and assigns reasons.&nbsp; GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2015/14KK1910.opn.pdf">2014-KK-1910	STATE OF LOUISIANA v. GARY LAYTON C/W STATE OF LOUISIANA v. GARY LAYTON</a>&nbsp;(Parish of Orleans)(Admissibility of Evidence)For the foregoing reasons, the Trial Court&rsquo;s judgment excluding evidence of the 1997 charge is reversed and vacated. This matter is remanded to the Trial Court for further proceedings consistent with the views expressed in this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2015/14CQ1546.opn.pdf">2014-CQ-1546	SCOTT D. LEMOINE; BEVERLY P. LEMOINE v. ELIZABETH P. WOLFE</a> (Certified Question From the United States Fifth Circuit Court of Appeals)We answer the certified question as set forth in this opinion. Pursuant to Louisiana Supreme Court Rule XII, the judgment rendered by this court on the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties.&nbsp; CERTIFIED QUESTION ANSWERED. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2015/14O2335.opn.pdf">2014-O -2335	IN RE: JUSTICE OF THE PEACE LORNE L. LANDRY PLAQUEMINES PARISH, WARD 8 STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)Accordingly, it is ordered that Justice of the Peace Landry pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500, plus costs in the amount of $301.50, no later than thirty days from the finality of this judgment. In addition, Justice of the Peace Landry is ordered to file his 2011 financial disclosure statement no later than fifteen days from the finality of this judgment. Failure to comply with the orders of this court may result in a finding of contempt.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/14K0432.opn.pdf">2014-K -0432	STATE OF LOUISIANA v. WAYNE G. TAYLOR A/K/A WAYNE TAYLOR</a>&nbsp;(Parish of Plaquemines)(Unauthorized Entry of a Place of Business))The decision of the Fourth Circuit is therefore reversed, defendant&rsquo;s conviction and sentence are reinstated, and this case is remanded to the court of appeal to address the remaining assignments of error pretermitted on original appeal. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2015/14C1233.opn.pdf">2014-C -1233	NELLIE PIERCE, ET AL. v. ATLANTIC RICHFIELD COMPANY, ET AL.</a>&nbsp;(Parish of Vermilion)Accordingly, the lower courts judgments are reversed, and the case is remanded to the district court for further proceedings. WEIMER, J., concurs, and assigns reasons. GUIDRY, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14KD1526.opn.pdf">2014-KD-1526	STATE OF LOUISIANA v. DAVID J. KOEDERITZ</a>&nbsp;(Parish of Orleans)(Second Degree Battery and False Imprisonment)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associated Justice at the time this opinion is rendered.Accordingly, the decision of the district court is reversed in part and affirmed in part and this case is remanded to the court for further proceedings. REVERSED IN PART; AFFIRMED IN PART; CASE REMANDED.CRICHTON, J., additionally concurring.&nbsp;<a href="/opinions/2015/14C1539cw14C1593cw14C1624.opn.pdf">2014-C -1539	C/W	2014-C -1593 C/W	2014-C-1624 BRYON P. GUILLORY, ET UX. v. PELICAN REAL ESTATE, INC., ET AL.&nbsp;</a> (Parish of St. Landry) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court dismissing plaintiffs' action as abandoned is reinstated. All costs in this court are assessed against plaintiffs.&nbsp;<a href="/opinions/2015/14B2085.opn.pdf">2014-B -2085	IN RE: JAMES A. GRAY II</a>&nbsp;(Disciplinary Counsel)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 James A. Gray, II, Louisiana Bar Roll number 6262, be and he hereby is suspended from the practice of law for two years. It is further ordered that respondent shall participate in the Louisiana State Bar Association&rsquo;s Fee Dispute Resolution Program with Frederick Reed and Peggy Small Burns and refund any unearned fees as ordered by the arbitrator. 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.&nbsp;<a href="/opinions/2015/14B2441.opn.pdf">2014-B -2441	IN RE: PHYLLIS A. SOUTHALL</a>&nbsp;(Disciplinary Counsel) 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 Phyllis Southall, Louisiana Bar Roll number 18693, be and she hereby is suspended from the practice of law for three years, retroactive to January 15, 2014, the date of her interim suspension. Respondent shall conduct a complete audit of her client trust account in a manner approved by the ODC and make any necessary restitution to her clients or third parties. 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.CRICHTON, J., concurs in part and dissents in part with reasons.
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&nbsp;<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #012</div></td></tr><tr valign="top"><td 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&nbsp;13th day of March, 2018, are as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2018/16-0234.KP.OPN.pdf" style="color:#003399;cursor:pointer;">2016-KP-0234 STATE OF LOUISIANA v. ROGERS LACAZE</a>&nbsp;(Parish of Orleans) This matter is currently before the court in light of the remand by the United States Supreme Court in LaCaze v. Louisiana, 138 S.Ct. 60 (2017), which vacated the decision in State v. LaCaze, 16-0234 (La. 12/16/16), 208 So.3d 856, in which the defendant&rsquo;s writ application related to his petition for post-conviction relief was denied, and the defendant&rsquo;s conviction was upheld. On remand, this court was instructed to consider whether the trial judge&rsquo;s recusal should have been required because &ldquo;objectively speaking, &lsquo;the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable&rsquo;&rdquo; under the circumstances. After carefully considering all the facts, we find the defendant has not shown that the circumstances created an unconstitutionally high risk of bias, and the original denial of the defendant&rsquo;s recusal claim in LaCaze, 16-0234, 208 So.3d 856, is correct.For the foregoing reasons, we find that the court of appeal correctly reversed the trial court&rsquo;s order for a new trial and properly reinstated Defendant&rsquo;s conviction. Defendant&rsquo;s request for substantive relief is denied.WRIT DENIED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2018/17-0955.C.cw17-0957.C.OPN.pdf" style="color:#003399;cursor:pointer;">2017-C-0955 C/W 2017-C-0957 ERROL G. WILLIAMS, ASSESSOR, PARISH OF ORLEANS v. OPPORTUNITY HOMES LIMITED PARTNERSHIP AND LOUISIANA TAX COMMISSION</a>&nbsp;(Parish of Orleans) At issue in these consolidated cases is the correctness of administrative decisions issued by the Louisiana Tax Commission (&ldquo;Commission&rdquo;) on review of the valuations, for the 2014 and 2015 tax years, by the Orleans Parish Tax Assessor (&ldquo;Assessor&rdquo;) of a low-income housing development, owned by Opportunity Homes Limited Partnership (&ldquo;Opportunity Homes&rdquo;), for purposes of assessment of ad valorem taxes. The Commission ruled in favor of Opportunity Homes for both tax years. The administrative decisions were upheld by the district court but reversed by the appellate court. Accordingly, we reverse the appellate court rulings and reinstate the Louisiana Tax Commission decisions, modifying the Orleans Parish Assessor&rsquo;s assessments of the fair market value of the Opportunity Homes Limited Partnership property to $1,525,000 for both the 2014 and 2015 tax year.APPELLATE COURT JUDGMENT REVERSED; TAX COMMISSION DECISIONS REINSTATED.WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2018/17-2008.O.OPN.pdf" style="color:#003399;cursor:pointer;">2017-O-2008 IN RE: JUSTICE OF THE PEACE JEFF SACHSE WARD 1, LIVINGSTON PARISH STATE OF LOUISIANA</a> Upon review of the findings and recommendations of the Judiciary Commission, and considering the record filed herein, we find respondent has violated Canons 1 and 2A of the Code of Judicial Conduct, and hereby suspend respondent without pay for six months. Respondent must also pay to the Commission $3,040.02 in costs.JOHNSON, C.J., concurs.&nbsp;&nbsp; BY GENOVESE, J.: <a href="/opinions/2018/17-0257.C.OPN.pdf" style="color:#003399;cursor:pointer;">2017-C-0257 C/W 2017-C-0633 2017-C-0634 IBERVILLE PARISH SCHOOL BOARD v. LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION AND THE STATE OF LOUISIANA THROUGH THE STATE DEPARTMENT OF EDUCATION C/W LOUISIANA ASSOCIATION OF EDUCATORS, CADDO ASSOCIATION OF EDUCATORS, CALCASIEU ASSOCIATION OF EDUCATORS, INC., CONCORDIA ASSOCIATION OF EDUCATORS, THE EAST BATON ROUGE ASSOCIATION OF EDUCATORS, LAFAYETTE PARISH ASSOCIATION OF EDUCATORS, MADISON ASSOCIATION OF EDUCATORS, MONROE ASSOCIATION OF EDUCATORS, ST. LANDRY ASSOCIATION OF EDUCATORS, ST. MARY ASSOCIATION OF EDUCATORS, ANN BURRUSS, REV. OSCAR HAMILTON, DEBORAH HARGRAVE, MELINDA WALLER MANGHAM AND THOMAS TATE v. STATE OF LOUISIANA, THE LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION AND THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION</a>&nbsp;(Parish of E. Baton Rouge) After de novo review, we find La. Const. art. VIII, &sect; 13, does not prohibit the allocation of state or local MFP funding to New Type 2 charter schools. Accordingly, the declaration of unconstitutionality from the court of appeal is reversed.JOHNSON, C.J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs and assigns reasons.&nbsp; HUGHES, J., dissents with reasons.&nbsp;&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2018/16-1285.KP.OPN.pdf" style="color:#003399;cursor:pointer;">2016-KP-1285 STATE OF LOUISIANA v. LANDON D. QUINN</a>&nbsp;(Parish of Orleans) Here, the eyewitness identified relator from a photographic lineup and testified at two trials. At all times, the eyewitness was adamant that relator was the shooter. He highlighted relator&rsquo;s eyes, eyebrows, nose, and high cheekbones as the distinctive characteristics leading to his identification. He correctly told the police that they would find no shell casings. The surveillance footage from a nearby business also confirmed the eyewitness&rsquo;s account that the shooter ran up with his head and lower face obscured by a white t-shirt, leaving the neck hole to expose the portion of the shooter&rsquo;s face the eyewitness described. It is also significant that the affidavit does not indicate that the eyewitness said the person in the booking photo was not the shooter; the eyewitness simply indicated that the shooter had shorter hair.Finally, we note that a person with short twists in his hair appears on the surveillance video, and relator had short twists in his hair when arrested 24&ndash;48 hours after the shootings. While the affidavit may call into question the eyewitness&rsquo;s ability to accurately discern the style of hair beneath a t-shirt worn over it, the likelihood of a different result if that information had been used at trial appears conceivable but not substantial, and is insufficient to undermine confidence in the outcome of the second trial. Therefore, we reverse the district court&rsquo;s ruling that granted relator a new trial and we reinstate relator&rsquo;s convictions and sentences.REVERSED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2018/17-0281.CK.OPN.pdf" style="color:#003399;cursor:pointer;">2017-CK-0281 STATE OF LOUISIANA IN THE INTEREST OF R.M.</a>&nbsp;(Parish of Orleans) Thus, we find that the time afforded to the state to commence the adjudication was suspended during the time in which R.M.&rsquo;s competency was in question. Cf. State in the Interest of A.C., 17-0182, p. 4 (La. 6/29/17), 225 So.3d 1047, 1049 (&ldquo;To find the 90-day time limit unsuspended by appellate review would render the appellate review process futile and the court of appeal&rsquo;s initial ruling here purely academic.&rdquo;).The state&rsquo;s ability to commence the adjudication ceased on December 8, 2015, when the juvenile court stayed the proceedings pursuant to La.Ch.C. art. 832 pending a determination of R.M.&rsquo;s competency. At that point, just 15 days from R.M.&rsquo;s appearance had elapsed. R.M. was not found competent to proceed until March 17, 2016. When the juvenile court granted R.M.&rsquo;s motion to dismiss 48 days later on May 4, 2016, close to a month of the 90-day period provided by La.Ch.C. art. 877 remained. Therefore, the juvenile court prematurely dismissed the petition. Furthermore, we note that the 90-day period has remained suspended by appellate review. See State in the Interest of A.C., supra. Accordingly, we reverse the rulings of the courts below and remand for further proceedings in the juvenile court consistent with the views expressed here.REVERSED AND REMANDED.&nbsp;<a href="/opinions/2018/17-1546.B.OPN.pdf" style="color:#003399;cursor:pointer;">2017-B-1546 IN RE: LAETITIA BLACK</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 Laetitia Black, Louisiana Bar Roll number 28497, be and she hereby is suspended from the practice of law for one year. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for one year, subject to 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.HUGHES, J., dissents with reasons.&nbsp;&nbsp;<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #012</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;15th day of February, 2008, is as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/07O1893.OPN.pdf">2007-O -1893 IN RE: JUDGE LALESHIA WALKER ALFORD</a> (Judiciary Commission of Louisiana) For the foregoing reasons, we order that Judge Laleshia Walker Alford of the Shreveport City Court, Parish of Caddo, is hereby removed from office, and that her office is hereby declared vacant. Further, respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, Section 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this Court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup. Ct. RuleXXIII, &sect;22, we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $5,000.00. REMOVAL FROM JUDICIAL OFFICE ORDERED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #011</div></td></tr><tr valign="top"><td 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&nbsp;10th day of March, 2006&nbsp;are as follows:&nbsp;BY KIMBALL, J.: <a href="/opinions/2006/2005KK1060.pdf">2005-KK- 1060 STATE OF LOUISIANA v. JAMES CARL CRANDELL</a>&nbsp;(Parish of Bossier) (First Degree Murder) For the above reasons, we find defendant's application was untimely&nbsp;filed and recall the writ as improvidently granted. The case is remanded to the district court for further proceedings. WRIT RECALLED. CASE REMANDED TO DISTRICT COURT FOR FURTHER PROCEEDINGS.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., additionally concurs for reasons assigned by Victory, J. JOHNSON, J., dissents and assigned reasons. VICTORY, J., additionally concurs with reasons. TRAYLOR, J., additionally concurs for reasons assigned by Victory, J. KNOLL, J., concurs for reasons assigned by Victory, J. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J: <a href="/opinions/2006/2005CC1095.pdf">2005-CC-1095 PETER T. LEMANN AND NANCY NAFE LEMANN v. ESSEN LANE DAIQUIRIS</a>, INC., ET AL. (Parish of E. Baton Rouge) Accordingly, for the reasons expressed above, the portion of the&nbsp;district court's judgment denying summary judgment to Louis Berthier and Farol Champlin, as well as the City of Baton Rouge/Parish of East Baton Rouge through the Department of Emergency Medical Services, is reversed; summary judgment is rendered, dismissing plaintiffs' suit against these defendants.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/2004OB2431.pdf">2004-OB-2431 IN RE: THOMAS &ldquo;TOMMY&rdquo; EASTERLING</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be&nbsp;and hereby is denied.JOHNSON, J., concurs. &nbsp;<a href="/opinions/2006/2005K1111.pdf">2005-K -1111 STATE OF LOUISIANA v. COREY MILLER</a>&nbsp;(Parish of Jefferson) (Second Degree Murder) CALOGERO, C.J., recused.&nbsp; The decision of the court of appeal is reversed, the judgment of the district court granting relator a new trial is reinstated, and this case is remanded to the district court for further proceedings. JUDGMENT OF THE COURT OF APPEAL REVERSED; JUDGMENT OF THE TRIAL COURT GRANTING A NEW TRIAL REINSTATED; CASE REMANDED. &nbsp;<a href="/opinions/2006/2005B1736.pdf">2005-B -1736 IN RE: JOEL G. PORTER</a> (Disciplinary Proceedings) 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 Joel Gerard Porter, Louisiana Bar Roll number 21825, be suspended from the practice of law for one year. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2006/03C492.jtk.pdf"> </a>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #012</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;4th day of February, 2004, is as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03o2801.opn.pdf">2003-O -2801 IN RE: JUDGE JOEL G. DAVIS</a> Accordingly, for the reasons stated herein, it is ordered, adjudged, and decreed that the respondent, Judge Joel G. Davis of the 33rd Judicial District Court, Parish of Allen, State of Louisiana, be, and is hereby, suspended from office for a period of ninety (90) days to commence upon finality of this judgment. We further cast respondent with costs of $1,532.77 incurred in the investigation and prosecution of this case.	 JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #012</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;14th day of February, 2003, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2003/02k0792.pc.pdf">2002-K- 0792&nbsp;&nbsp; STATE OF LOUISIANA v. JOSEPH BROOKS&nbsp;</a>(Parish of E. Baton Rouge)&nbsp; (Manslaughter)&nbsp; Accordingly, the decision of the First Circuit is reversed, the trial court's ruling denying the motion to quash is reinstated, as are respondent's conviction and sentence, and this case is remanded to the district court for execution of sentence.&nbsp; DECISION OF THE COURT OF APPEAL REVERSED; RULING OF THE TRIAL&nbsp;COURT DENYING THE MOTION TO QUASH REINSTATED; RESPONDENT'S&nbsp;CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #012</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;2nd day of February, 2001, is as follows:PER CURIAM:<a href="/opinions/2001/00kk1808.pc.pdf">2000-KK- 1808 STATE OF LOUISIANA v. TONY THOMPSON</a> (Parish of Caddo) (Aggravated Battery) Accordingly, the order of the court of appeal is vacated and this case is remanded to the district court for further proceedings in accord with the views expressed herein.James C. Gulotta, Justice Pro Tempore, sitting in place of Associate Justice Harry T. Lemmon.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #011</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } </style> &nbsp;The Opinions handed down on the 3rd day of April, 2020 are as follows:<h1>BY Johnson, C.J.:</h1><a href="/opinions/2020/19-0637.C.OPN.pdf">2019-C-00637 JACOB STEVENSON, JESSE STEVENSON, INDIVIDUALLY AND ON BEHALF OF HIS MINOR SON, LOGAN STEVENSON VS. PROGRESSIVE SECURITY INSURANCE COMPANY AND ANTHONY J. LEBLANC</a> (Parish of Terrebonne) We granted this writ to determine whether plaintiffs&rsquo; unsuccessful attempts to fax file a petition on the last day of the prescriptive period after the clerk of court&rsquo;s business hours, but before midnight, interrupted prescription where the clerk of court&rsquo;s policy was to turn off the fax machines when the office closed. The district court sustained defendants&rsquo; exception of prescription and the court of appeal affirmed. For the following reasons, we reverse the rulings of the lower courts. REVERSED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Weimer, J., concurs in the result and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2020/19-0795.CC.OPN.pdf">2019-CC-00795 GEORGE BLAIR VS. MARY CONEY, AMERISOURCEBERGEN DRUG CORPORATION, ACE AMERICAN INSURANCE COMPANY AND UNITED SERVICES AUTOMOBILE ASSOCIATION (UNINSURED/UNDERINSURED MOTORIST)</a> (Parish of Livingston) We granted the writ in this matter to address whether the court of appeal erred in summarily reversing the district court&rsquo;s order excluding the testimony of Dr. Charles E. &ldquo;Ted&rdquo; Bain. Finding no abuse of discretion in the district court&rsquo;s determination that Dr. Bain&rsquo;s testimony was not based on sufficient facts or data, as required by C.E. art. 702(A)(2), we reverse the court of appeal and reinstate the ruling of the district court. REVERSED AND REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Weimer, J., additionally concurs and assigns reasons. Crain, J., dissents.&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2020/19-1445.KA.OPN.pdf">2019-KA-01445 STATE OF LOUISIANA IN THE INTEREST OF D.T.</a> (Parish of Jefferson) In this case, the State has charged D.T. with aggravated battery committed with a firearm and seeks to divest the juvenile court of jurisdiction and to prosecute D.T. as an adult pursuant to Louisiana Children&rsquo;s Code Article 305(B)(2)(j). In opposition, D.T. filed a motion with the juvenile court to declare La. Ch.C. art. 305(B)(2)(j) unconstitutional. The juvenile court granted D.T.&rsquo;s motion. Pursuant to La. Const. art. V, &sect; 5(D), the State sought direct review with this Court. Thus, the narrow issue before us is whether La. Ch.C. art. 305(B)(2)(j), providing for divesture of juvenile court jurisdiction when the child has been charged with aggravated battery committed with a firearm, is unconstitutional. For the reasons that follow, we affirm the juvenile court&rsquo;s ruling that the legislature exceeded its constitutional authority in creating an exception allowing divesture of juvenile court jurisdiction for a child charged with aggravated battery committed with a firearm, where that charge is not among the crimes enumerated in La. Const. art. V, &sect; 19. AFFIRMED AND REMANDED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2020/19-1162.C.OPN.pdf">2019-C-01162 NEVILLE KIRT; ALVIN KIRT; AND LAMONT KIRT, INDIVIDUALLY AND ON BEHALF OF ELAINE KIRT, DECEASED VS. REBECCA C. METZINGER, M.D.; THEODORE D. STRICKLAND, III, M.D.; ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND D/B/A TULANE; PAULINE TAQUINO, CRNA; GAYLE MARTIN, CRNA; PARISH ANESTHESIA ASSOCIATES, LTD, A PROFESSIONAL MEDICAL CORPORATION</a> (Parish of Orleans Civil) We granted a writ of certiorari to consider the proper interpretation and application of Louisiana Revised Statutes 40:1231.8A(1)(e) where a claimant fails to pay the filing fee for adding a defendant to a pending medical review panel proceeding. The trial court found the failure to pay the fee invalidated the proceeding as to all named defendants and granted an exception of prescription. The court of appeal affirmed. We reverse and remand. REVERSED AND REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2020/17-2155.B.OPN.pdf">2017-B-02155 IN RE: CALEB KENT AGUILLARD</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 Caleb Kent Aguillard, Louisiana Bar Roll number 32087, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that this suspension shall be deferred in its entirety and that respondent shall be placed on unsupervised probation for a period to coincide with the term of his recovery agreement with the Judges and Lawyers Assistance Program. Respondent&rsquo;s probation shall be conditioned on full compliance with the terms of his JLAP agreement. 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 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.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;<a href="/opinions/2020/19-0490.K.OPN.pdf">2019-K-00490 STATE OF LOUISIANA VS. CLIFFORD WILLIAMS</a> (Parish of Orleans Criminal) Before trial, the defense was prohibited from introducing evidence of the victim&rsquo;s juvenile arrest for illegal carrying of a weapon. At trial, the defense unsuccessfully attempted to introduce other evidence of the victim&rsquo;s character. Specifically, the defense sought to introduce a photograph that depicted the victim holding a gun, evidence that the victim had threatened defendant on social media, and testimony of a witness that the victim had previously threatened defendant. In rejecting defendant&rsquo;s claim on appeal that the district court erred in excluding this evidence, the court of appeal found that defendant failed to introduce appreciable evidence of a hostile demonstration or overt act on the part of the victim at the time of the offense charged, as required by La.C.E. art. 404(A)(2)(a). See State v. Williams, 18-0445, pp. 19-20 (La. App. 4 Cir. 2/27/19), 265 So.3d 902, 917. Defendant contends that the court of appeal erred because testimony of an eyewitness (which is summarized below) constituted appreciable evidence of an overt act by the victim, and the district court overstepped its bounds in evaluating the credibility of this witness to find the evidence was not appreciable because the witness was not credible. We agree. However, for the reasons below, we find the evidence was otherwise inadmissible, and therefore we affirm the conviction and sentence. AFFIRMED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;<a href="/opinions/2020/19-1479.B.OPN.pdf">2019-B-01479 IN RE: GEORGE A. FLOURNOY</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 George A. Flournoy, Louisiana Bar Roll number 5620, be and he hereby is suspended from the practice of law for a period of one year. It is further ordered that all but thirty days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of one year. 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. It is further ordered that all investigative costs related to Counts I and III of the formal charges and two-thirds of the total litigation expenses 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 James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., concurs in part, dissents in part, and assigns reasons.&nbsp;<a href="../../opinions/2020/19-1332.KK.OPN.pdf">2019-KK-01332 STATE OF LOUISIANA VS. TRE KING</a> (Parish of Orleans Criminal) We granted the application to determine whether the warning that &ldquo;you have the right to an attorney, and if you can&rsquo;t afford one, one will be appointed to you&rdquo; - without further qualification - is a sufficient advisement of the right to counsel under Miranda. We note that the federal circuits are split on this question, and that the United States Supreme Court has thus far not weighed in. After reviewing the jurisprudence, we find a general advisement like that given in this case suffices, and that a statement need not be suppressed because of the failure to qualify the warning with an additional advisement that the right to counsel exists both before and during questioning. Accordingly, we reverse the rulings of the lower courts, deny defendant&rsquo;s motion to exclude his statements, and remand to the district court for further proceedings. REVERSED AND REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #011</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;26th day of February, 2016, is as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/14KA0402.opn.pdf">2014-KA-0402	STATE OF LOUISIANA v. ROBERT GLEN COLEMAN</a>&nbsp;(Parish of Caddo)Retired Judge Marion F. Edwards, assigned as Justice ad hoc, sitting for Crichton, J., recused.For the reasons assigned, defendant&rsquo;s conviction for first degree murder is affirmed. Defendant&rsquo;s sentence of death is vacated and set aside and the case is remanded to the district court for a new sentencing hearing.CONVICTION AFFIRMED; DEATH SENTENCE REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION.CRICHTON, J., recused. KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., dissents in part and assigns reasons. GUIDRY, J., dissents in part for the reasons assigned by Justice Weimer. CLARK, J., dissents in part for reasons assigned by Justice Weimer.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #011</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiams handed down on the&nbsp;14th day of February, 2014, are as follows:&nbsp;PER CURIAM: <a href="/opinions/2014/13C1424.opn.pdf">2013-C -1424	SHENAN SMITH PURVIS v. GRANT PARISH SCHOOL BOARD AND JANA LASHLEY</a>&nbsp;(Parish of Grant) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated in its entirety.JOHNSON, C.J., dissents for reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;&nbsp;<a href="/opinions/2014/13B2022cw13B2172.opn.pdf">2013-B -2022 C/W 2013-B -2172 IN RE: SETH CORTIGENE AND NEWTON B. SCHWARTZ, SR.</a> Upon review of the findings and recommendation of the hearing committee, the findings, recommendation, and ruling of the disciplinary board, and considering the record, briefs, and oral argument, the court hereby renders the following orders of discipline: It is ordered that Seth Cortigene, Louisiana Bar Roll number 19528, be and he hereby is disbarred. Mr. Cortigene&rsquo;s name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that Newton B. Schwartz, Sr. shall be enjoined for a period of three years from seeking admission to the Louisiana bar or seeking admission to practice in Louisiana on a temporary or limited basis, including, but not limited to, seeking pro hac vice admission before a Louisiana court pursuant to Supreme Court Rule XVII, &sect; 13 or seeking limited admission as an in-house counsel pursuant to Supreme Court Rule XVII, &sect; 14. The Office of Disciplinary Counsel is directed to report this judgment to all jurisdictions in which Mr. Schwartz is currently admitted. All costs and expenses in the matter are assessed against respondents 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.KNOLL, J., dissents in part with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #011</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;5th day of February, 2010, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2010/09B1886.opn.pdf">2009-B -1886	IN RE: LOUIS G. SCOTT</a>Chief Justice Kimball not participating in the opinion.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Louis G. Scott, Louisiana Bar Roll number 11882, be and he hereby is suspended from the practice of law for six months. This suspension shall be deferred in its entirety, subject to the condition that any additional misconduct by respondent within one year from the finality of this judgment may be grounds for making the deferred 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.KNOLL, J., dissents for reasons assigned by Clark, J.&nbsp; CLARK, J., dissents and assigns reasons.&nbsp;
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #010</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinion handed down on the 22nd day of February, 2023 is as follows:&nbsp;<h1>BY Weimer, J.:</h1><a href="/opinions/2023/23-0237.C.OPN.pdf">2023-C-00237&nbsp;YASHA CLARK AND MORGAN WALKER VS. STEPHANIE BRIDGES AND DARREN LOMBARD, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR THE PARISH OF ORLEANS, STATE OF LOUISIANA AND ROBERT KYLE ARDOIN, IN HIS OFFICIAL CAPACITY AS LOUISIANA SECRETARY OF STATE</a>&nbsp;(Parish of Orleans) REVERSED; CANDIDACY REINSTATED. SEE OPINION.Hughes, J., concurs in the result. Crichton, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., concurs in the result and assigns reasons. Griffin, J., additionally concurs and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #010</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;1st day of February, 2008,&nbsp;is as follows:&nbsp;BY KNOLL, J.:<a href="/opinions/2008/07C1384.opn.pdf">2007-C- 1384 MICHAEL A. TEAGUE, M.D. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST. PAUL INSURANCE COMPANY, SEALE, SMITH, ZUBER AND BARNETTE, DONALD ZUBER, CATHERINE NOBILE, CATHERINE LAUFFER, AND ABC INSURANCE AGENCY</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal is reversed and this matter is remanded to the court of appeal for consideration of defendants' assignments of error on appeal. REVERSED AND REMANDED.JOHNSON, J., dissents. VICTORY, J., dissents. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #010</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;2nd day of February, 2007, is as follows:PER CURIAM:<a href="/opinions/2007/2006B2222.pdf">2006-B -2222 IN RE: JOHN B. WHITAKER</a> (Disciplinary Proceedings) 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 John Barclay Whitaker, Louisiana Bar Roll number 13408, be suspended from the practice of law for 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's judgment until paid.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #10</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">&nbsp;The Opinion handed down on the&nbsp;4th day of February, 2005, is as follows:&nbsp;BY TRAYLOR, J.:&nbsp; <a href="/opinions/2005/04c1674.opn.pdf">2004-C -1674 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT v. ALL TAXPAYERS, PROPERTY OWNERS ET AL.&nbsp;</a>(Parish of Livingston) For the reasons assigned, the rulings of the lower courts are reversed.JOHNSON, J., concurs. VICTORY, J., concurs.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #010</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;30th day of January, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03c0211.opn.pdf">2003-C-0211 KEVIN ASSOCIATES, L.L.C.&nbsp;(SUCCESSOR IN INTEREST THROUGH MERGER TO YENDIS PROPERTIES, INC.) v. BRETT CRAWFORD, SECRETARY OF THE DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) For the reasons assigned, we find the commercial domicile of Yendis was in Louisiana. We also conclude that the Louisiana corporate income and franchise taxes sought to be imposed on Yendis does not conflict with the protections afforded by the Due Process or Commerce Clauses of the U. S. Constitution. Yendis is therefore not entitled to a refund of the taxes, penalties and interest it paid under protest. The judgments of the lower courts to the contrary are hereby reversed. REVERSED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03ck2754.opn.pdf">2003-CK-2754 STATE IN THE INTEREST OF D.W.&nbsp;</a>(Parish of Calcasieu) For the foregoing reasons, the rulings of the trial and appellate courts are reversed. The matter is remanded to the juvenile court for disposition not inconsistent with this opinion. REVERSED AND REMANDED.CALOGERO, C.J., concurs for the reasons assigned by Victory. J. VICTORY, J., concurs and assigns reasons. KNOLL, J., concurs in result.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #010</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;29th day of January, 2001, are as follows:&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00kk0850.opn.pdf">2000-KK- 0850 STATE OF LOUISINA v. SIDNEY COTTON</a> (Parish of Washington) (Molestation of a Juvenile and Oral Sexual Battery) Accordingly, we cannot say that the trial court abused its discretion in refusing to admit the prior bad acts evidence. Because the State has failed to satisfy its burden of proof under LA. CODE EVID. art. 404(B), the ruling of the trial court is affirmed.<a href="/opinions/2001/00kk0850.pfc.pdf">CALOGERO, C.J., concurs and assigns reasons. </a><a href="/opinions/2001/00kk0850.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Justice Victory.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/00ca1176.opn.pdf">2000-CA- 1176 EUGENE C. LATOUR, II, CLYDE LAFLEUR AND JOSEPH L. LACHNEY, JR. v . STATE OF LOUISIANA; HONORABLE M.J. "MIKE " FOSTER, GOVERNOR; RICHARD P. IEYOUB, ATTORNEY GENERAL; WILLIAM R. "RUT" WHITTINGTON , SUPERINTENDENT STATE POLICE</a> (Parish of Evangeline) We conclude that the minimum age for purchasing lottery tickets and operating video poker is substantially related to the protection of the general welfare of this state. Accordingly, we overrule the district court's ruling that La. R.S. 47:9025(B)(2), 47:9070, and 27:319 are unconstitutional. REVERSED<a href="/opinions/2001/00ca1176.pfc.pdf">CALOGERO, C.J., additionally, concurs and assigns reasons. </a><a href="/opinions/2001/00ca1176.htl.pdf">LEMMON, J., dissents and assigns reasons. </a><a href="/opinions/2001/00ca1176.cdk.pdf">KIMBALL, J., concurs and assigns reasons.</a>&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/99k2207.pc.pdf">1999-K- 2207 STATE OF LOUISIANA v. DWAIN MICHAEL JONES</a> (Parish of Avoyelles) Accordingly, the decision of the court of appeal is reversed and this case is remanded to the district court for execution of sentence. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED.PATRICIA RIVET MURRAY, Associate Justice Ad Hoc, sitting for Knoll, J., recused. JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice, Harry T. Lemmon.CALOGERO, C.J., dissents for the reasons assigned by Murray, J. ad hoc. <a href="/opinions/2001/99k2207.prm.pdf">MURRAY, J., ad hoc, dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00kk1174.pc.pdf">2000-KK- 1174 STATE OF LOUISIANA v. WENDELL PROFIT</a> (Parish of Orleans) (Manslaughter) Accordingly, the decisions below are reversed and this case is remanded to the trial court for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice, Harry T. Lemmon.JOHNSON, J., dissents.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 15th day of February, 2023 are as follows:&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2023/21-1207.C.OPN.pdf">2021-C-01196 C/W 2021-C-01207&nbsp;VESTA HALAY JOHNSTON, ET AL. VS. SUSAN HALAY VINCENT, ET AL.</a>&nbsp;(Parish of Calcasieu) REVERSED IN PART. AFFIRMED IN PART. REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HERE WITH. SEE OPINION.Weimer, C.J., dissents in part, concurs in part and assigns reasons and concurs in the dissent in part by Crain, J. Hughes, J., dissents in part and assigns reasons. Crain, J., dissents in part and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;19th day of February, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/15B1453.opn.pdf">2015-B -1453	IN RE: CHRISTINE M. MIRE</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 Christine M. Mire, Louisiana Bar Roll number 29352, be and she hereby is suspended from the practice of law for one year and one day. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years. As a condition of probation, respondent is ordered to attend and successfully complete the Louisiana State Bar Association&rsquo;s Ethics School. 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.WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs in part, dissents in part and assigns reasons. HUGHES, J., dissents and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;10th day of February, 2012, is as follows:BY WEIMER, J.: <a href="/opinions/2012/11KK2043.opn.pdf">2011-KK-2043	STATE OF LOUISIANA v. GERALD CHINN</a>&nbsp;(Parish of E. Baton Rouge) (3 Counts Attempted First Degree Murder; 1 Count Aggravated Criminal Damage to Property)For the reasons assigned, the ruling of the court of appeal is reversed and the ruling of the district court permitting defendant to waive his right to a trial by jury is reinstated. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.KIMBALL, C.J., concurs and assigns reasons. JOHNSON, J., concurs in result. CLARK, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td 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&nbsp;22nd day of February, 2006, are as follows: BY VICTORY, J.: <a href="/opinions/2006/05C0131.opn.pdf">2005-C -0131 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LOUISIANA ASSOCIATED GENERAL CONTRACTORS, INC. v. LOUISIANA DEPARTMENTOF AGRICULTURE AND FORESTRY, LOUISIANA AGRICULTURAL FINANCE AUTHORITY, AND BOB ODOM, COMMISSIONER</a>&nbsp;(Parish of E. Baton Rouge) For the reasons stated herein, the judgments of the lower courts are affirmed. AFFIRMED. JOHNSON, J., concurs. <a href="/opinions/2006/05C0489.opn.pdf">2005-C -0489 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; HAMP'S CONSTRUCTION, L.L.C. v. THE CITY OF NEW ORLEANS</a>&nbsp;(Parish of Orleans) Judge Fred Sexton, sitting ad hoc for Johnson, J., recused. For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED. KNOLL, J., additionally concurs with reasons. <a href="/opinions/2006/05C0756.opn.pdf">2005-C -0756 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DELTON COUTEE v. GLOBAL MARINE DRILLING COMPANY</a>&nbsp;(Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED. &nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2006/05K0226.opn.pdf">2005-K -0226 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DANIEL J. JONES</a>&nbsp;(Parish of St. Tammany) (Operating a Vehicle While Intoxicated, Fourth Offense) Case remanded to the Court of Appeal, First Circuit, for the reasons assigned in this opinion. CASE REMANDED TO COURT OF APPEAL WEIMER, J., concurs and assigns reasons. <a href="/opinions/2006/05C0973.opn.pdf">2005-C -0973 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARLEEN G. SIVERD, WIFE OF/AND KEITH C. SIVERD v. PERMANENT GENERAL INSURANCE COMPANY, THE ESTATE OF JUSTIN W. FAUST, BOH BROTHERS CONSTRUCTION CO., L.L.C., HOWARD BRADLEY, FIW DEMOLITION COMPANY, AND ILLINOIS INSURANCE EXCHANGE</a>&nbsp;(Parish of St. Bernard) For the foregoing reasons, we reverse the ruling of the court of appeal and reinstate the judgment of the trial court. REVERSED AND REMANDED &nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2006/05C0846.opn.pdf">2005-C -0846 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MICHAEL D. HAMILTON v. ROYAL INTERNATIONAL PETROLEUM CORPORATION AND ELMER B. LITCHFIELD, SHERIFF AND TAX COLLECTOR OF THE CITY OF BATON ROUGE</a>(Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal is reversed and set aside. The district court judgment dismissing the suit, with prejudice, is reinstated. REVERSED. Retired Judge Robert Klees assigned as Associate Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused. KNOLL, J., additionally concurs with reasons. JOHNSON, J., dissents.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2006/05CA0765.opn.pdf">2005-CA-0765 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; JERRY AND JANNIE BEAUCLAIRE v. MARJORIES GREENHOUSE, ET AL.</a>&nbsp;(Parish of Avoyelles) For the foregoing reasons, we hold LSA-R.S. 13:5105(D) is constitutional. The judgment of the trial court is reversed and the matter is remanded to district court for further proceedings consistent with this opinion. REVERSED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/04OB0916.pc.pdf">2004-OB-0916 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: ROBERT B. SCHYBERG, JR.</a>&nbsp; COMMITTEE ON BAR ADMISSIONS Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2006/04OB1079.pc.pdf">2004-OB-1079 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: KOBY DEAN BOYETT</a> COMMITTEE ON BAR ADMISSIONS Retired Judge Moon Landrieu, assigned as Justice ad hoc, sitting for Associate Justice Catherine D. Kimball; Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused Accordingly, it is ordered that the application for admission be and hereby is granted. CALOGERO, C.J., dissents. VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2006/04OB2433.pc.pdf">2004-OB-2433 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MARCUS ANTHONY BRYANT</a> (Committee on Bar Admissions) Retired Judge Philip C. Ciaccio, assigned as Justice pro tempore, sitting for Associate Justice Catherine D. Kimball. Accordingly, it is ordered that the application for admission be and hereby is granted. VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs with reasons in part and dissents with reasons in part. &nbsp;<a href="/opinions/2006/04OB2494.pc.pdf">2004-OB-2494 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: SEAN O. LAUGHLIN</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2006/04OB2518.pc.pdf">2004-OB-2518 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: FRANK J. VENDT, JR.</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2006/05K0477.pc.pdf">2005-K -0477 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. RICHARD THOMAS PIGFORD</a>&nbsp;(Parish of Caddo) (Possession of Marijuana With Intent to Distribute) Accordingly, the decision below is vacated, defendant&rsquo;s conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of the remaining counseled and pro se assignments of error pretermitted on original hearing. OPINION OF THE COURT OF APPEAL VACATED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO COURT OF APPEAL. &nbsp;<a href="/opinions/2006/05B1082.pc.pdf">2005-B -1082 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JAMES K. GAUDET</a> (Disciplinary Proceedings) Retired Judge Philip C. Ciaccio, assigned as Justice pro tempore, sitting for Associate Justice Catherine D. Kimball. Upon review of the findings and recommendations of the hearing committees and the disciplinary board and considering the record, briefs, and oral argument, it is ordered that James K. Gaudet, Louisiana Bar Roll number 5970, be suspended from the practice of law for six months. Three months of this suspension shall be deferred. Following the completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for a period of six months, during which time he must successfully complete the Louisiana State Bar Association's Ethics School program. Any failure of respondent to comply with this condition, 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's judgment until paid. TRAYLOR, J., dissents and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons. &nbsp;<a href="/opinions/2006/05B1217.pc.pdf">2005-B-1217 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: CHARLES E. CABIBI, JR.</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committeeand the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the formal charges against respondent be and hereby are dismissed. CALOGERO, C.J., concurs. JOHNSON, J., dissents. KNOLL, J., concurs in result.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;4th day of February, 2005, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2005/04kk1932.opn.pdf">2004-KK-1932 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. TARRIAL BROOKS AND GREGORY JACKSON&nbsp;</a>(Parish of Orleans) (Attempted Second Degree Murder; Armed Robbery With a Firearm) Following an independent review of the entire record, and considering the arguments of counsel, we find no error in the rulings of the lower courts. Our grant of the writ application was therefore improvident and we now recall that order. WRIT RECALLED; RULING OF THE TRIAL COURT AFFIRMED. Retired Judge Moon Landrieu, sitting ad hoc for Chief&nbsp;Justice Pascal F. Calogero, recused.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;7th day of February, 2003, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/2002ca0664.opn.pdf">2002-CA- 0664 JENNIFER MIDKIFF HUBER v. ALICE SIEGMUND MIDKIFF&nbsp;&amp; RONALD EDWARD MIDKIFF</a> (Parish of Jefferson)&nbsp; For the above reasons, we find that this constitutional challenge is not properly before this Court according to LSA-R.S. 13:4448. Therefore, the trial court's ruling that LSA-C.C. art. 136(B) is unconstitutional is vacated, and this matter is remanded to the district court to give the Attorney General notice of the issue and an opportunity to exercise his discretion in representing the state's interest. The district court judge was required to make certain that the Attorney General was notified of this matter prior to ordering this family to under go months of evaluation by a court appointed expert and incurring legal expenses.&nbsp; REVERSED AND REMANDED.&nbsp;VICTORY, J., concurs in the result.&nbsp; WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/2002c0704.opn.pdf">2002-C- 0704 C/W 2002-C- 0733&nbsp; CASSANDRA ROBINSON v. CHANTELLE FONTENOT&nbsp;AND DR. JODI MCGEE</a> (Parish of Evangeline)&nbsp; For the foregoing reasons, the ruling of the court of appeal is reversed. The matter is remanded to the trial court for entry of judgment in accordance with the jury verdict and this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2003/2002ca1435.opn.pdf">2002-CA- 1435 LOUISIANA ASSESSORS' RETIREMENT FUND v. CITY OF NEW ORLEANS;&nbsp;RICHARD BRUNE IN HIS CAPACITY AS THE TREASURER OF THE CITY OF NEW ORLEANS; COURTLAND CROUCHET, COLLECTOR OF REVENUE FOR THE CITY OF NEW ORLEANS IN HIS OFFICIAL CAPACITY AS CITY TAX COLLECTOR; AND SMITH, PUGH COMPANY</a> (Parish of Orleans)&nbsp; For the foregoing reasons, we reverse the judgment of the trial court and remand this matter to the trial court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;JOHNSON, J., concurs in the result.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #009</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;28th day of January, 2000, are as follows:&nbsp; &nbsp;PER CURIAM:<a href="/opinions/2000/99kk0627.pc.pdf">1999-KK- 0627 STATE OF LOUISIANA v. TORRANCE DEARY</a> (Parish of Orleans) (Possession of Cocaine With Intent to Distribute) Accordingly, we reverse the judgments below and remand this case to the district court for further proceedings not inconsistent with the views expressed herein.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99kk0627.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/99b3042.pc.pdf">1999-B- 3042 IN RE: ERIC R. BISSEL </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Eric R. Bissel be suspended from the practice of law in Louisiana for a period of two years. Sixteen months of said suspension shall be deferred, subject to the conditions recommended by the disciplinary board. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #008</div></td></tr><tr valign="top"><td 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&nbsp;14th day of February, 2018, are as follows:&nbsp;PER CURIAM: <a href="/opinions/2018/17-1451.KK.opn.pdf">2017-KK-1451 STATE OF LOUISIANA v. DANNY P. BATTAGLIA</a>&nbsp;(Parish of St. Mary) The Louisiana Constitution gives the District Attorney &ldquo;charge of every criminal prosecution by the state in his district, . . . .&rdquo; La. Const. art. 5, &sect; 26. Code of Criminal Procedure art. 680 provides mandatory grounds for recusal of the District Attorney. While the District Attorney contends that he acted within his discretion under Code of Criminal Procedure art. 681 to recuse himself voluntarily, we note that cases abound in which courts have found that &ldquo;[a]n appearance of bias and prejudice is not sufficient to warrant the granting of a motion to recuse [the District Attorney].&rdquo; See, e.g., State v. Ellis, 13-1401, pp. 26&ndash;27 (La. App. 4 Cir. 2/4/15), 161 So.3d 64, 80. To resolve the present case, we find it unnecessary to examine further any interplay between these two articles or to consider the extent of the District Attorney&rsquo;s discretion to recuse himself voluntarily. There is no support for the district court&rsquo;s determination that public confidence in the proceedings is risked under the circumstances here in which a former public defender, who had no involvement with Battaglia and whose conflict is speculative, is employed by the District Attorney but otherwise uninvolved in Battaglia&rsquo;s Miller hearing. Therefore, we vacate the district court&rsquo;s ruling granting the District Attorney&rsquo;s motion to recuse and remand for further proceedings. REVERSED AND REMANDED.WEIMER, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2018/17-1547.B.opn.pdf">2017-B-1547 IN RE: HAROLD D. REGISTER</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that Harold D. Register, Louisiana Bar Roll number 16764, be and he hereby is disbarred, retroactive to April 27, 2017, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent shall make restitution to LeDerian LeDay and to the third parties with an interest in his personal injury settlement, and shall pay the remaining funds owed to Dianne Glaude pursuant to their March 20, 2015 settlement agreement. 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., recused. JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #008</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;29th day of January, 2010, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2010/09B1868.pc.pdf">2009-B -1868	IN RE: CHARLES R. WHITEHEAD, III</a>Chief Justice Kimball not participating in the opinion.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 Charles R. Whitehead, III, Louisiana Bar Roll number 17862, be and he hereby is suspended from the practice of law for a period of three years. It is further ordered that all but one year and one day of the suspension shall be deferred. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #008</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;6th day of February, 2009, is as follows:&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08C1044.opn.pdf">2008-C-1044 C/W 2008-C-1623 JOHN KEITH RICHARD v. LAFAYETTE FIRE AND POLICE CIVIL SERVICE BOARD AND LAFAYETTE CONSOLIDATED GOVERNMENT</a>&nbsp;(Parish of Lafayette)Calogero, C. J., retired, participated in this decision which was argued prior to his retirement.Accordingly, in 2008-C-1044, consolidated with 2008-C-1623, we affirm the judgment of the court of appeal in favor of Officer John Keith Richard. JUDGMENT AFFIRMED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs. TRAYLOR, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #008</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;26th day of January, 2004, is as follows:PER CURIAM:<a href="/opinions/2004/03ca3009.pc.pdf">2003-CA- 3009 LOUISIANA ASSESSORS' RETIREMENT FUND v. CITY OF NEW ORLEANS, ET AL.&nbsp;</a>(Parish of Orleans)&nbsp; For the reasons assigned, the judgment of the district court is vacated and set aside. The case is remanded to the district court for further proceedings consistent with this opinion.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td 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&nbsp;25th day of January, 2017, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2017/16C0768.OPN.pdf">2016-C -0768 RADCLIFFE 10, L.L.C. v. RONALD G. BURGER AND LYNDA O. BURGER</a>&nbsp;(Parish of St. Tammany)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.Retired Judge Marion Edwards assigned as Justice as hoc, sitting for Hughes, J., recused. For the foregoing reasons, the judgment of the trial court is reversed. Radcliffe 10, L.L.C.&rsquo;s action is dismissed with prejudice, with all costs of these proceedings, trial and appeal, assessed against Radcliffe 10, L.L.C. REVERSED AND RENDERED.HUGHES, J., recused. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2017/16C1097.OPN.pdf">2016-C -1097 LARRY F. MITCHELL v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ET AL.</a>&nbsp;(Parish of Lincoln)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.Accordingly, we recall our order of October 12, 2016, as improvidently granted, and we deny plaintiff's writ application.WEIMER, J., dissents from the recall of the writ and assigns reasons. HUGHES, J., dissents for the reasons assigned by Crichton, J. CRICHTON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/16B1441.OPN.pdf">2016-B -1441 IN RE: FRANCIS C. BROUSSARD</a>Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered.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 Francis C. Broussard, Louisiana Bar Roll number 17259, be and he hereby is disbarred, retroactive to February 26, 2014, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.HUGHES, J., dissents with reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td 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&nbsp;28th day of January, 2014, are as follows:&nbsp;BY VICTORY, J.: <a href="/opinions/2014/13KA2318.opn.pdf">2013-KA-2318	STATE OF LOUISIANA v. MICAH SMITH</a>&nbsp;(Parish of E. Baton Rouge) (Pertaining to the unauthorized participation in medical assistance programs.)For the reasons stated above, we reverse the district court ruling which found La. R.S. 14:126.3.1(A)(3) unconstitutional and remand the matter to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/13C1181.opn.pdf">2013-C -1181	SUCCESSION OF JAMES JASON HOLBROOK, SR.</a>&nbsp;(Parish of St. Tammany)Accordingly, we reverse the district court's summary judgment and remand the matter for further proceedings. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2014/12C2447_cw_12C2466.opn.pdf">2012-C -2447 C/W 2012-C -2466 "BUDDY" CALDWELL, ATTORNEY GENERAL EX REL. STATE OF LOUISIANA v. JANSSEN PHARMACEUTICAL, INC., ET AL.</a>&nbsp;(Parish of St. Landry) We hereby reverse the district court's judgment in favor of the Attorney General, and render judgment in favor of the defendants. REVERSED.JOHNSON, C.J., dissents for reasons assigned by Justice Hughes. KNOLL, J., dissents for the reasons assigned by Justice Hughes. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13CK1717_cw_13KA1772.opn.pdf">2013-CK-1717 C/W 2013-KA-1772 STATE OF LOUISIANA IN THE INTEREST OF J.M.&nbsp;</a>(Parish of E. Baton Rouge)Retired Judge Marion Edwards, assigned as Justice ad hoc, sitting for Hughes, J., recused.The juvenile court ruling which severed Sections C(4-7) from La. R.S. 14:95.8 and held La. R.S. 14:95(A)(1) to be unconstitutional is reversed. This matter is remanded to the juvenile court for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/12CA2742_cw_12CA2743.opn.pdf">2012-CA-2742 C/W 2012-CA-2743 JIMMIE J. JACKSON, SIMMS HARDIN AND KSD PROPERTIES, LLC v. THE CITY OF NEW ORLEANS AND THE DIRECTOR OF FINANCE FOR THE CITY OF NEW ORLEANS</a>&nbsp;(Parish of Orleans) For the reasons stated herein, we deny the motion to strike, affirm the district court judgment, and remand the matter to the district court for further proceedings consistent with the foregoing. 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;30th day of January, 2013, is as follows:&nbsp;BY CLARK, J.: <a href="/opinions/2013/12C0884.pdf">2012-C -0884	STATE OF LOUISIANA AND THE VERMILION PARISH SCHOOL BOARD v. THE LOUISIANA LAND AND EXPLORATION COMPANY, ET AL. C/W STATE OF LOUISIANA v. LOUISIANA LAND AND EXPLORATION, ET AL. C/W STATE OF LOUISIANA, ET AL. v. LOUISIANA LAND AND EXPLORATION, ET AL.</a>&nbsp;(Parish of Vermilion)Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Knoll, J., recused.For the foregoing reasons, the judgment of the court of appeal reversing the trial court&rsquo;s granting of the motion for partial summary judgment on the issue of remediation damages is affirmed. The judgment of the court of appeal reversing the trial court&rsquo;s granting of the motion for summary judgment dismissing from suit Chevron USA Inc. is also affirmed. The case is remanded to the trial court for further proceedings consistent with this opinion. All costs of these proceedings are taxed equally among the defendants. AFFIRMED AND REMANDED.VICTORY, J., dissents in part and assigns reasons. GUIDRY, J., concurs in the result and assigns reasons.<div></div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td 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&nbsp;25th day of January, 2008, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2008/07O1909.opn.pdf">2007-O -1909 IN RE: JUSTICE OF THE PEACE JAMIE FREDERIC-BRAUD</a>&nbsp; (Judiciary Commission of Louisiana) For the reasons assigned, it is ordered that Justice of the Peace JamieFrederic-Braud be suspended for fifteen days for violating Canons 1, 2A and 3A(1)of the Code of Judicial Conduct, as well as the constitutional standard articulated in LSA-Const. art. V, Section 25(C). It is further ordered that Justice of the Peace Jamie Frederic-Braud reimburse the Louisiana Judiciary Commission $175.00, which is the amount of costs incurred during the prosecution and investigation of this case.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/07KK0878.opn.pdf">2007-KK-0878 STATE OF LOUISIANA v. JAMES DUNN</a>&nbsp;(Parish of Assumption) (First Degree Murder - Two Counts) For the above reasons, the ruling of the trial court is reversed. This matter is remanded to the trial court for further proceedings consistent with this opinion.KNOLL, J., concurs. WEIMER, J., dissents and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;26th day of January, 2007, is as follows:&nbsp;BY KNOLL, J.:<a href="/opinions/2007/05C1457.pdf">2005-C -1457 HAROLD ALEX, JR., ET AL. v. RAYNE CONCRETE SERVICE, ET AL.</a>&nbsp;(Parish of Acadia) C/W 2005-C -2344 2005-C -2520 For the reasons stated herein, the judgment of the court of appeal is affirmed in part, reversed in part, and the case is remanded to thetrial court for a new trial. AFFIRMED IN PART; REVERSED IN PART; REMANDED TO TRIAL COURT.CALOGERO, C.J., concurs in the result and assigns reasons. JOHNSON, J., concurs in part, dissents in part and assigns reasons. VICTORY, J., dissents in part and assigns reasons. TRAYLOR, J., concurs in part and dissents in part and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons.<div></div>&nbsp;&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;25th day of January, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/01c1298.opn.pdf">2001-C- 1298 PAMELA MCWILLIAMS BILLIOT v. JOSEPH B. BILLIOT, JR.&nbsp;</a>(Parish of Lafourche) For the foregoing reasons, the order holding OCS in contempt of court is reversed. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c1298.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a> &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/99ka0584.opn.pdf">1999-KA- 0584 STATE OF LOUISIANA v. ROGER LACAZE&nbsp;</a>(Parish of Orleans) (First Degree Murder) For the reasons assigned herein, Defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the Defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the Defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp; &nbsp;<a href="/opinions/2002/00ka2277.opn.pdf">2000-KA- 2277 STATE OF LOUISIANA v. ELZIE BALL&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the Defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Retired Judge R. Lobrano, assigned as Justice Pro Tempore, particpating in the decision.<a href="/opinions/2002/00ka2277.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2002/00ka2277.cdk.pdf">KIMBALL, J., dissents and assigns reasons. </a>JOHNSON, J., dissents.&nbsp; &nbsp;&nbsp;BY LOBRANO, J.&nbsp;:<a href="/opinions/2002/01c1517.opn.pdf">2001-C- 1517 C/W 2001-C- 1519 2001-C- 1521 LOUIS COLEMAN INDIVIDUALLY AND AS FATHER OF LOUIS FRANK COLEMAN v. DR. RICHARD DENO, DR. IVAN SHERMAN AND JOELLEN SMITH HOSPITAL&nbsp;</a>(Parish of Orleans) For the foregoing reasons, we affirm the finding of malpractice liability on the part of Dr. Deno and the grant of judgment notwithstanding the verdict dismissing the malpractice claim against Dr. Sherman. We modify the fault allocation and hold that Dr. Deno was only 25% at fault. We remand this matter to the court of appeal for a review of damages and for a rendering of judgment consistent with the views expressed in this opinion.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c1517.bjj.pdf">JOHNSON, J., concurs in part and dissents in part&nbsp;and assigns reasons.</a> VICTORY, J., dissents in part for the reasons assigned by Justice Knoll. TRAYLOR, J., dissents in part for reasons assigned by Justice Knoll. <a href="/opinions/2002/01c1517.jtk.pdf">KNOLL, J., dissents in part&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/00k2836.pc.pdf">2000-K- 2836 STATE OF LOUISIANA v. ZACHARY LIPSCOMB&nbsp;</a>(Parish of Orleans) (Possession of a Controlled Dangerous Substance) The decision of the court of appeal is therefore vacated to the extent that it reverses respondent's conviction and sentence on grounds of ineffective assistance of counsel. The merits of that claim are referred to post-conviction proceedings and this case is remanded to the court of appeal for consideration of the supplemental assignments of error pretermitted on original appeal. JUDGMENT VACATED IN PART; CASE REMANDED.<a href="/opinions/2002/00k2836.bjj.pdf">JOHNSON, J., dissents and assigns reasons.&nbsp;</a> &nbsp;<a href="/opinions/2002/00k2900.pc.pdf">2000-K- 2900 STATE OF LOUISIANA v. KEVIN P. JONES&nbsp;</a>(Parish of Orleans) (Theft of Automobile Valued over $500.00) After an independent review of the record, and considering the argument of counsel, we conclude that the decision of the Court of Appeal does not require the exercise of our supervisory authority. Accordingly, we recall our order of September 21,2001 as improvidently granted.TRAYLOR, J., dissents from the recall.&nbsp; &nbsp;<a href="/opinions/2002/01kk2436.pc.pdf">2001-KK- 2436 STATE OF LOUISIANA v. LYLE JOHNSON&nbsp;</a>(Parish of Orleans) (Possession of Cocaine) The ruling of the trial court granting respondent's motion to suppress is therefore reversed, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.<a href="/opinions/2002/01kk2436.pc.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #007</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;26th day of January, 2000, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2000/99ka0023.opn.pdf">1999-KA- 0023 STATE OF LOUISIANA v. JAMES MICHAEL CASEY&nbsp;</a>(Parish of Bossier) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for an been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defender Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings if appropriate, pursuant to its authority under La. R.S. 15:149.l; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp; CALOGERO, C.J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 26th day of January, 2024 are as follows:&nbsp;<h1>BY Weimer, C.J.:</h1><a href="/opinions/2024/21-0812.KP.OPN.pdf">2021-KP-00812&nbsp;STATE EX REL. DARRELL J. ROBINSON VS. DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY, ANGOLA, LOUISIANA</a>&nbsp;(Parish of Rapides) CONVICTION AND SENTENCE VACATED; REMANDED FOR NEW TRIAL. SEE OPINION.Crichton, J., concurs in part and dissents in part, and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents for the reasons assigned by Justice Crain and assigns additional reasons. &nbsp;&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2024/23-0794.CC.OPN.pdf">2023-CC-00794&nbsp;LAW INDUSTRIES, LLC VS. STATE OF LOUISIANA, DEPARTMENT OF EDUCATION, RECOVERY SCHOOL DISTRICT AND ADVANCED ENVIRONMENTAL CONSULTING, INC.</a>&nbsp;(Parish of East Baton Rouge) REVERSED IN PART; AFFIRMED IN PART; REMANDED TO DISTRICT COURT. SEE OPINION.&nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2024/23-0257.CQ.OPN.pdf">2023-CQ-00257&nbsp;RANDALL KLING VS. TROY HEBERT; ERNEST P. LEGIER, JR., IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF THE OFFICE OF ALCOHOL AND TOBACCO CONTROL OF THE LOUISIANA DEPARTMENT OF REVENUE</a> CERTIFIED QUESTION ANSWERED. SEE OPINION.Crichton, J., dissents and assigns reasons. Crain, J., concurs and assigns reasons. McCallum, J., additionally concurs for the reasons assigned by Justice Griffin. Griffin, J., additionally concurs and assigns reasons. &nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;4th day of February, 2016, is as follows:&nbsp;PER CURIAM: <a href="/opinions/2016/15B1570.opn.pdf">2015-B -1570	IN RE: WALTER C. DUMAS</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 Walter C. Dumas, Louisiana Bar Roll number 5163, be and he hereby is suspended from the practice of law for two years. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.HUGHES, J., dissents and would impose a lesser sanction.<div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td 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&nbsp;29th day of January, 2013, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2013/12CA1471.pdf">2012-CA-1471	LOUISIANA HIGH SCHOOL ATHLETICS ASSOCIATION, INC. v. STATE OF LOUISIANA, JAMES D. "BUDDY" CALDWELL, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF THE STATE OF LOUISIANA, LOUISIANA STATE BOARD OF ELEMENTARY &amp; SECONDARY EDUCATION, &amp; DARYL G. PURPERA, IN HIS OFFICIAL CAPACITY AS THE LOUISIANA LEGISLATIVE AUDITOR</a>&nbsp;(Parish of E. Baton Rouge)We find these statutes are unconstitutional under the Equal Protection Clause because they are arbitrary and capricious and they are not rationally related to a legitimate state interest. We therefore reverse the portion of the district court&rsquo;s judgment denying the LHSAA&rsquo;s Motion for Summary Judgment and conclude La. R.S. 24:513(A)(1)(b)(v) does not apply to the LHSAA and La. R.S. 24:513(J)(4)(a) and (b) are unconstitutional. Affirmed in Part; Reversed in Part; Rendered.VICTORY, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2013/12C1145.pdf">2012-C -1145	STATE OF LOUISIANA v. TONY J. GIBSON</a>&nbsp;(Parish of St. Mary)Retired Judge Frank Foil, assigned as Justice ad hoc, sitting for Weimer, J., recused.For the reasons stated herein, we hold the State was entitled to bring a direct action pursuant to Art. I, &sect; 10 to prohibit Mr. Gibson from taking office. REVERSED. RULING OF THE TRIAL COURT REINSTATED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/12O1821.pdf">2012-O -1821	IN RE: JUDGE LEO BOOTHE SEVENTH JUDICIAL DISTRICT COURT CATAHOULA AND CONCORDIA PARISHES STATE OF LOUISIANA</a>Accordingly, it is ordered, adjudged, and decreed that Judge Leo Boothe, of the Seventh Judicial District Court, be, and is hereby, suspended from office for a period of one year, without pay. Further, pursuant to La. Sup. Ct. Rule XXIII, &sect; 22, we cast Judge Boothe with costs incurred in the investigation and prosecution of this proceeding in the amount of $11,731.79.KNOLL, J., dissents and assigns reasons. CLARK, J., dissents with written reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2013/12C1383cw12C1762.pdf">2012-C -1383 CALDWELL PARISH SCHOOL BOARD, CALDWELL PARISH POLICE JURY, CALDWELL PARISH HOSPITAL DISTRICT #1, TOWN OF COLUMBIA v. LOUISIANA MACHINERY COMPANY , L.L.C. C/W CALDWELL PARISH SCHOOL BOARD, CALDWELL PARISH POLICE JURY, CALDWELL PARISH HOSPITAL DISTRICT #1, TOWN OF COLUMBIA v. LOUISIANA MACHINERY RENTALS, L.L.C. (Parish of Caldwell)</a><a href="/opinions/2013/12C1383cw12C1762.pdf">C/W</a> <a href="/opinions/2013/12C1383cw12C1762.pdf">2012-C-1762 TENSAS PARISH SCHOOL BOARD, TENSAS PARISH POLICE JURY, TENSAS PARISH LAW ENFORCEMENT DISTRICT, TOWN OF NEWELLTON, TOWN OF ST. JOSEPH v. LOUISIANA MACHINERY COMPANY, LLC C/W TENSAS PARISH SCHOOL BOARD, TENSAS PARISH POLICE JURY,TOWN OF NEWELLTON, TOWN OF ST. JOSEPH, TENSAS PARISH LAW ENFORCEMENT DISTRICT v. LOUISIANA MACHINERY RENTALS, LLC (Parish of Tensas)</a>Caldwell Parish School Board v. Louisiana Machinery Co.,&nbsp; 12-C-1383 Writ dismissed; not timely filed. See Supreme Court Rule X, &sect; 5.Tensas Parish School Board v. Louisiana Machinery Co.,&nbsp; 12-C-1762 Reversed; judgment of the trial court reinstated.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/11KP2799.pdf">2011-KP-2799	STATE OF LOUISIANA v. MANUEL ORTIZ</a>&nbsp;(Parish of Jefferson) (First Degree Murder)Retired Judge Moon Landrieu, assigned as ad hoc, sitting for Justice Greg G. Guidry, recused.Accordingly, the judgment below is reversed and respondent's death sentence is reinstated.&nbsp; JUDGMENT OF THE DISTRICT COURT REVERSED; SENTENCE OF DEATH REINSTATED.LANDRIEU, J., dissents with written reasons.&nbsp;<a href="/opinions/2013/12C1177.pdf">2012-C -1177	DIONYSIA PREJEAN v. ROBERT T. BAROUSSE, ACADIA PARISH CLERK OF COURT</a>&nbsp;(Parish of Acadia)For the reasons assigned, the judgment of the court of appeal is affirmed. It is ordered, adjudged, and decreed that La. R.S. 13:4210 is unconstitutional and without effect.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td 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&nbsp;28th day of January, 2011, are as follows:BY JOHNSON, J.:<a href="/opinions/2011/09KK1358.opn.pdf">2009-KK-1358	STATE OF LOUISIANA v. VINCENT M. CASTILLO</a>&nbsp;(Parish of Jefferson)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, we reverse the decision of the court of appeal, which ordered appointment of counsel in a case involving discretionary review of petty misdemeanor traffic offenses. We find no mandate in the Louisiana or United States Constitutions requiring the State to provide counsel in these cases. We recognize the Supreme Court's holding in Halbert v. Michigan, supra, but find that the facts of this case necessarily distinguish it from Halbert, and support a different result. REVERSED.VICTORY, J., concurs in result. KNOLL, J., concurs in the result. WEIMER, J., concurs in the result.&nbsp;BY WEIMER, J.:<a href="/opinions/2011/10C0703.opn.pdf">2010-C -0703	LAURIE ANN SENSEBE v. CANAL INDEMNITY COMPANY, MISSISSIPPI FARM BUREAU CASUALTY INSURANCE COMPANY, TOP HATCH, INC. AND DEBORAH BOUDREAUX</a>(Parish of St. Tammany)Because the insurance policy at issue contains an exclusion for a driver engaged in an automobile business, but that exclusion conflicts with the legislated public policy of affording coverage to permissive drivers, the automobile business exclusion cannot be enforced in this matter. The judgment of the district court granting Farm Bureau's motion for summary judgment and dismissing Farm Bureau from this lawsuit is therefore reversed. To the extent the court of appeal found the automobile business exclusion unenforceable, the decision of the court of appeal is hereby affirmed. This matter is remanded to the district court for further proceedings consistent with this opinion.&nbsp; AFFIRMED AND REMANDED.JOHNSON, J., concurs. GUIDRY, J., concurs in part, dissents in part, and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td 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&nbsp;30th day of January, 2009, are as follows:&nbsp;PER CURIAM:<a href="/opinions/2009/08B2399.opn.pdf">2008-B -2399&nbsp;&nbsp;&nbsp;&nbsp; IN RE:&nbsp; ELVIN A. STERLING, JR.</a>Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Elvin A. Sterling, Jr., Louisiana Bar Roll number 27096, be and he hereby is suspended from the practice of law for two years, retroactive to the date of his interim suspension ordered in In re:&nbsp; Sterling, 04-2699 (La. 11/17/04), 886 So. 2d 1123. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td 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&nbsp;26th day of January, 2007, are as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/06O2361.pdf">2006-O -2361 IN RE: JUDGE WENDELL R. MILLER</a> (Judiciary Commission of Louisiana) For the foregoing reasons, we order that Judge Wendell R. Miller of the 31st Judicial District Court, Parish of Jefferson Davis, is hereby removed from office, and that his office is hereby declared vacant. Further, respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &sect; 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this Court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup. Ct. RuleXXIII, &sect; 22, we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $941.75.&nbsp; REMOVAL FROM JUDICIAL OFFICE ORDERED.CALOGERO, C.J., concurs in the result and assigns reasons. VICTORY, J., concurs in the result and concurs in the reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents in part, concurs in the result &amp; assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/06KP62223KP2226.pdf">2006-KP-2223 &nbsp; STATE OF LOUISIANA v. WESLEY DICK (Parish of St. Tammany) (Distribution of Heroin) C/W 2006-KP-2226 STATE OF LOUISIANA v. MELVIN SMITH (Parish of Orleans) (Possession With Intent to Distribute Heroin)</a> Accordingly, the judgment of the First Circuit Court of Appeal isaffirmed. The State v. Dick matter is remanded to the district court for execution of the original sentence, in accordance with the court of appeal's ruling. The appellate court decision in State v. Smith is reversed; defendant's original sentence of life imprisonment at hard labor without benefit of probation or suspension of sentence isreinstated and the case is remanded to the district court for execution of sentence.06-KP-2223 AFFIRMED.06-KK-2226 REVERSED AND REMANDED.CALOGERO, C.J., concurs in the result and assigns reasons. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06B1971.pdf">2006-B -1971 IN RE: JAMES WALLACE SPRADLING, II&nbsp;</a> (Disciplinary Proceedings) 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 the name of James Wallace Spradling, II, Louisiana Bar Roll No. 22161, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.CALOGERO, C.J., concurs in part and dissents in part. KNOLL, J., dissents and would impose disbarment only.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;20th day of January, 2005, is as follows:&nbsp;BY CALOGERO, C.J.:&nbsp; <a href="/opinions/2005/04cc0620.opn.pdf">2004-CC- 0620 C/W 2004-CC-0647&nbsp;C/W 2004-CC-0684&nbsp;&nbsp;&nbsp; GINGER BAILEY, ET AL. v. DR. GREGORY KHOURY, ET AL. C/W GINGER BAILEY, ET AL. v. DR. GREGORY KHOURY, ET AL.</a>&nbsp; (Parish of Orleans) The decisions of the lower courts' denying defendants' peremptory exceptions of prescription are affirmed, and the case is remanded to the district court. AFFIRMED; REMANDED TO THE DISTRICT COURT.KIMBALL, J., dissents in part and concurs in part for reasons assigned by Victory, J. VICTORY, J., concurs in part and dissents in part with reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J. KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;21st day of January, 2004, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03c0619.opn.pdf">2003-C -0619 DUSTIN PEPPER v. THOMAS SETH TRIPLET AND ALLSTATE INSURANCE COMPANY</a> (Parish of Terrebonne) Accordingly, the judgments of the district court and the court of appeal in favor of the plaintiff are reversed; judgment is granted in favor of the defendant and the plaintiff's claim for damages is dismissed with prejudice. REVERSED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03c1146.opn.pdf">2003-C -1146 JOSEPHINE COSTELLO v. ASHTON R. HARDY, BRADFORD D. CAREY, HARDY AND CAREY, L.L.P., AND XYZ INSURANCE COMPANY</a> (Parish of Jefferson) Finding that the element of malice was not proved, we reverse the judgments of the court of appeal and the trial court awarding damages for defamation. In all other respects, the judgments of the lower courts are affirmed. REVERSED IN PART; AFFIRMED IN PART. JOHNSON, J., concurs in the result. KNOLL, J., additionally concurs for the assigned reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/02k3196.pc.pdf">2002-K -3196 STATE OF LOUISIANA v. SPENCER MORGAN&nbsp;</a>(Parish of Orleans) (Aggravated Rape) The decision of the court of appeal is therefore reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.TRAYLOR, J., concurs and assigns reasons. KNOLL, J., concurs and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03c0189.pc.pdf">2003-C -0189&nbsp;ALVIN LANGSFORD, JR., ET AL. v. WILLIAM J. FLATTMAN, III ET AL&nbsp;</a>. (Parish of St. Bernard) For the reasons assigned, the judgment of the district court awarding plaintiff damages in excess of the policy limits of Southern United Fire Insurance Company is vacated and set aside. The case is remanded to the district court with instructions to enter judgment consistent with this opinion.&nbsp;<a href="/opinions/2004/03c1260.pc.pdf">2003-C -1260 LINDA TENNEY v. BURLINGTON NORTHERN &amp; SANTA FE RAILWAY CO., ET AL.&nbsp;</a>(Parish of Iberia) For the reasons assigned, the judgment of the court of appeal is affirmed. All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2004/03b2190.pc.pdf">2003-B -2190 IN RE: BARRY E. EDWARDS</a> (Disciplinary Proceedings) 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 Barry E. Edwards, Louisiana Bar Roll number 5281, be suspended from the practice of law for a period of three years. Two years of this suspension shall run concurrently to the suspension imposed in In re: Edwards, 99-1783 (La. 12/17/99), 752 So.2d 801, and one year shall run consecutively, to commence upon finality of the judgment rendered this day. It is further ordered that respondent shall render accountings to his clients and refund any unearned fees due to them. 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's judgment until paid.&nbsp;<a href="/opinions/2004/03b2210.pc.pdf">2003-B -2210 IN RE: HILLIARD C. FAZANDE, II</a> (Disciplinary Proceedings) 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 Hilliard C. Fazande, II, Louisiana Bar Roll number 9953, be suspended from the practice of law for a period of six months. Three months of the suspension shall be deferred, and respondent shall be placed on unsupervised probation for a period of one year. 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's judgment until paid.&nbsp;<a href="/opinions/2004/03b2376.pc.pdf">2003-B -2376 IN RE: DONALD R. PRYOR</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, and briefs filed by the parties, it is ordered that Donald Ray Pryor, Louisiana Bar Roll number 18389, be suspended from the practice of law for a period of two years, with eighteen months of the suspension deferred. Following the completion of the active portion of his suspension, respondent shall be placed on probation for a period of two years under the supervision of a practice monitor. Any misconduct during the period of probation may be grounds for making the deferred portion of the suspension executory or imposing other 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's judgment until paid.&nbsp;<a href="/opinions/2004/03b2478.pc.pdf">2003-B -2478 IN RE: PATRICIA ANN GIVENS DEAN</a> (Disciplinary Proceedings) 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 Patricia Ann Givens Dean, Louisiana Bar Roll number 19544, be suspended from the practice of law for a period of one year. It is further ordered that the suspension shall be deferred in full and respondent shall be placed on probation under the supervision of a practice monitor for a period of one year, subject to the conditions recommended by the disciplinary board. Any misconduct during the period of probation will be grounds for making the deferred portion of the suspension executory. 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's judgment until paid.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #006</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;18th day of January, 2001, are as follows:&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/99k3439.opn.pdf">1999-K- 3439 STATE OF LOUISIANA v. DEAN P. BLANCHARD</a> (Parish of Jefferson) (Possession of a Firearm While Possessing a Controlled Dangerous Substance) For the reasons expressed herein, we affirm the trial court's judgment denying the defendant's motion to suppress the evidence, but we reverse the defendant's conviction and sentence and remand the matter for a new trial. AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR A NEW TRIAL.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #06</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;19th day of January, 2000, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2000/99c1046.opn.pdf">1999-C- 1046 C/W 1999-C- 1188 LINDA L. JOSEPH AND ANDREW J. JOSEPH v. JUDITH W. DICKERSON, CHRISTINA A. DICKERSON, AND MIDLAND RISK INSURANCE COMPANY</a> (Parish of Orleans) Accordingly, the court of appeal judgment is reversed insofar as it affirms the city court judgment in favor of the plaintiffs and against Judith. Plaintiffs' claims against Judith Dickerson are therefore dismissed with prejudice at the plaintiffs' cost. Furthermore, the court of appeal and city court judgments are affirmed insofar as the judgments deny the plaintiffs recovery against Midland Risk Insurance Company. REVERSED IN PART, AFFIRMED IN PART and RENDERED.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99c1046.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;BY MARCUS, J.:<a href="/opinions/2000/99c1423.opn.pdf">1999-C- 1423 FREDERICK COLLINS v. THE PRUDENTIAL INSURANCE COMPANY, ET AL</a> (Parish of Orleans) For the reasons assigned, the judgment of the court of appeal is reversed. The appeal taken by the plaintiff, Frederick Collins, is dismissed. The orders of the trial judge compelling arbitration and staying all actions in the instant proceedings pending the final results of an arbitration to be instituted by plaintiff are reinstated.VICTORY, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99c1423.htl.pdf">LEMMON, J., subscribes to the opinion and assigns additional reasons</a>. <a href="/opinions/2000/99c1423.cdk.pdf">KIMBALL, J., concurs and assigns reasons. </a><a href="/opinions/2000/99c1423.bjj.pdf">JOHNSON, J., dissents and assigns reason.</a> &nbsp;&nbsp;BY LEMMON, J.:<a href="/opinions/2000/99c1410.opn.pdf">1999-C- 1410 VICTOR C. BENWARE v. JESSE MEANS, JR. AND LLOYDS UNDERWRITERS AT LONDON</a> (Parish of West Feliciana) Accordingly, the portion of the judgment of the court of appeal reversing the trial court's judgment that granted the motion to circumscribe is reversed, and the judgment of the trial court on the motion to circumscribe is reinstated. The portion of the judgment of the court of appeal vacating the judgment of the trial court on the merits is set aside, and the case is remanded to the court of appeal for review of that judgment.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2000/99o1313.opn.pdf">1999-O- 1313 IN RE: JUDGE LARRY D. JEFFERSON MONROE CITY COURT STATE OF LOUISIANA</a> (JUDICIARY COMMISSION OF LOUISIANA) Accordingly, it is ordered, adjudged, and decreed that respondent, Judge Larry Jefferson, of the City Court of Monroe, Parish of Ouachita, State of Louisiana, be, and is hereby removed from office; and that his office be, and is hereby, declared vacant. Respondent is cast with costs in the amount of $4,333.00 pursuant to Supreme Court Rule XXIII, Section 22. REMOVAL FROM JUDICIAL OFFICE ORDERED.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99o1313.bjj.pdf">JOHNSON, J., dissents and assigns reasons. </a><a href="/opinions/2000/99o1313.pfc.pdf">CALOGERO, C.J., concurs in part and dissents in part, and assigns reasons.</a>&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2000/99c2215.opn.pdf">1999-C- 2215 COLE-MIERS POST 3619 V.F.W. OF DERIDDER v. STATE OF LOUISIANA, DEPARTMENT OF REVENUE &amp; TAXATION, OFFICE OF ALCOHOLIC BEVERAGE CONTROL</a> (Parish of Beauregard) For the foregoing reasons, the decision of the Court of Appeal is reversed and the decision of the trial court is reninstated. We find that the exception contained in La. R.S. 26:81(E) does not apply to those subdivisions of the state that have prohibited the sale of alcohol by referendum vote under La. R.S. 26:582. REVERSED.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3.CALOGERO, C.J., subscribes to the opinion and will assign additional reasons. <a href="/opinions/2000/99c2215.htl.pdf">LEMMON, J., dissents and assigns reasons. </a>KIMBALL, J., dissents for reasons assigned by Lemmon, J.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2000/99c1625.opn.pdf">1999-C- 1625 STEPHEN J. CALOGERO v. SAFEWAY INSURANCE COMPANY OF LOUISIANA AND JENNIFER MENARD&nbsp;</a>(Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal awarding plaintiff an additional $5,000 in penalties for violating La. R.S. 22:1220B(1) is reversed. In all other respects, the judgment of the court of appeal is affirmed. AFFIRMED IN PART; REVERSED IN PART.CALOGERO, C.J., not on panel, recused. Rule IV, Part 2, &sect; 3.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2000/99c1584.opn.pdf">1999-C- 1584 RICHARD BRASSEAUX, ET UX v. THE TOWN OF MAMOU, ET AL</a> (Parish of St. Landry) For the foregoing reasons, we reverse the judgments of the lower courts and dismiss plaintiffs' demands against the Town of Mamou. REVERSED AND RENDERED.MARCUS, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99c1584.htl.pdf">LEMMON, J., concurs and assigns reasons. </a>JOHNSON, J., concurs in result.&nbsp; &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2000/99kk1004.opn.pdf">1999-KK- 1004 STATE OF LOUISIANA v. DAVID E. JOSHLIN&nbsp;</a>(Parish of East Feliciana) (Insurance Fraud) For the foregoing reasons, the judgment of the appellate court as it relates to Count 2 of the bill of information is reversed and set aside, and this matter is remanded to the trial court for further proceedings consistent with this opinion. In all other respects, the judgment of the appellate court is affirmed. REVERSED, IN PART, AND REMANDED.VICTORY, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/2000/99kk1004.pfc.pdf">CALOGERO, C.J., dissents with reasons. </a><a href="/opinions/2000/99kk1004.htl.pdf">LEMMON, J., dissents and assigns reasons. </a><a href="/opinions/2000/99kk1004.cdk.pdf">KIMBALL, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style>&nbsp;The Opinions handed down on the 27th day of January, 2023 are as follows:&nbsp;<h1>BY Crichton, J.:</h1><a href="/opinions/2023/22-0757.C.OPN.pdf">2022-C-00757&nbsp;HIDDEN GROVE, LLC VS. RICHARD A. BRAUNS AND LESLIE BRAUNS</a>&nbsp;(Parish of Lafayette) REVERSED AND REMANDED. SEE OPINION.Weimer, C.J., concurs in part and dissents in part and assigns reasons. Hughes, J., additionally concurs and assigns reasons.&nbsp;&nbsp;<h1>BY Genovese, J.:</h1><a href="/opinions/2023/22-0730.CC.OPN.pdf">2022-CC-00469 c/w 2022-CC-00539 c/w 2022-CC-00730&nbsp;BRITTANY LYNN SPENCER VS. VALERO REFINING MERAUX, LLC</a>&nbsp;(Parish of St. Bernard) REVERSED. SEE OPINION.Weimer, C.J., concurs and assigns reasons. Hughes, J., dissents and would affirm the ruling of the lower courts. Crain, J., concurs and assigns reasons. McCallum, J., concurs and assigns reasons. Griffin, J., additionally concurs and assigns reasons.&nbsp;&nbsp;<h1>BY McCallum, J.:</h1><a href="/opinions/2023/22-0336.C.OPN.pdf">2022-C-00336&nbsp;PINEVILLE CITY COURT, ET AL. VS. CITY OF PINEVILLE, ET AL.</a>&nbsp;(Parish of Rapides) REVERSED. TRIAL COURT JUDGMENT REINSTATED. SEE OPINION.Hughes, J., dissents and would affirm the court of appeal. Genovese, J., concurs in the result and assigns reasons.&nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2023/22-0625.C.OPN.pdf">2022-C-00625&nbsp;STEVE CROOKS, ET AL. VS. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF NATURAL RESOURCES</a>&nbsp;(Parish of Rapides) COURT OF APPEAL REVERSED. TRIAL COURT JUDGMENT REINSTATED. SEE OPINION.Hughes, J., dissents and assigns reasons.&nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2023/22-1338.B.OPN.pdf">2022-B-01338&nbsp;IN RE: W. JAMES SINGLETON</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part and dissents in part and assigns reasons. Crichton, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2023/22-1357.B.OPN.pdf">2022-B-01357&nbsp;IN RE: ALTON BATES, II</a> SUSPENSION IMPOSED. SEE PER CURIAM.Weimer, C.J., concurs in part and dissents in part and assigns reasons. Crichton, J., concurs in part and dissents in part and assigns reasons. Genovese, J., concurs in part and dissents in part for the reasons assigned by&nbsp;Chief Justice Weimer. Crain, J., concurs.&nbsp;<a href="/opinions/2023/22-1439.B.OPN.pdf">2022-B-01439&nbsp;IN RE: ROBERT BARTHOLOMEW EVANS III</a> DISBARMENT IMPOSED. SEE PER CURIAM.Crichton, J., concurs in part and dissents in part and assigns reasons. McCallum, J., concurs in part and dissents in part for the reasons assigned by Justice Crichton. &nbsp;</div>
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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 28th day of January, 2022 are as follows: <h1>BY Weimer, C.J.:</h1><a href="/opinions/2022/16-0998.KA.OPN.pdf">2016-KA-00998 STATE OF LOUISIANA VS. DAVID BROWN</a> (Parish of West Feliciana) AFFIRMED; SEE OPINION. Retired Justice Chet D. Traylor assigned Justice ad hoc, sitting for Crichton, J., recused. Hughes, J., dissents in part for the reasons assigned by Justice Genovese. Genovese, J., dissents in part and assigns reasons. Griffin, J., dissents in part for the reasons assigned by Justice Genovese. &nbsp;<a href="/opinions/2022/20-1446.C-cw-20-1447.C-cw-20-1458.C-cw-20-1460.C.OPN.pdf">2020-C-01446 c/w 2020-C-01447 c/w 2020-C-01458 c/w 2020-C-01460 WINMILL TIRE, LLC, ET AL. VS. COLT, INC., ET AL.</a> (Parish of St. Landry) REVERSED AND REMANDED. SEE OPINION. Crichton, J., dissents for the reasons assigned by Justice Genovese. Genovese, J., dissents and assigns reasons. &nbsp;<h1>BY Hughes, J.: </h1><a href="/opinions/2022/21-0224.CC.OPN.pdf">2021-CC-00224 TERRANCE BOLDEN, HEIDI BOLDEN, AND TAYLOR BOLDEN VS. MICHAEL TISDALE, SMG, NEWELL D. NORMAND, AND BUCCANEERS LIMITED PARTNERSHIP</a> (Parish of Orleans Civil) REVERSED; REMANDED WITH INSTRUCTIONS. SEE OPINION. &nbsp;<h1>BY Crichton, J.: </h1><a href="/opinions/2022/21-0621.C.OPN.pdf">2021-C-00621 CALVIN LANDRY &amp; MARY LANDRY VS. PROGRESSIVE SECURITY INSURANCE COMPANY, ET AL.</a> (Parish of Lafayette) REVERSED; SEE OPINION. Hughes, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Justice Hughes and Justice Genovese and assigns additional reasons. &nbsp;<h1>BY Griffin, J.: </h1><a href="/opinions/2022/21-01078.O.OPN.pdf">2021-O-01078 IN RE: JUDGE JOHNELL M. MATTHEWS BATON ROUGE CITY COURT EAST BATON ROUGE PARISH STATE OF LOUISIANA</a> JUDICIARY COMMISSION'S RECOMMENDATION REJECTED. NO DISCIPLINE IMPOSED. SEE OPINION. Weimer, C.J., dissents and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents and assigns reasons. &nbsp;<h1>PER CURIAM: </h1><a href="/opinions/2022/21-0491.K.OPN.pdf">2021-K-00491 STATE OF LOUISIANA VS. JOSEPH B. SCHMIDT</a> (Parish of St. Tammany) AFFIRMED; SEE PER CURIAM.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 27th day of January, 2021 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/Opinions/2021/19-2011.C.opn.pdf">2019-C-02011 SUCCESSION OF JAMES CONWAY LINER, III</a> (Parish of Ouachita) REVERSED IN PART. DISTRICT COURT JUDGMENT REINSTATED. SEE OPINION.Retired Chief Justice Johnson participated in this decision, which was argued prior to her retirement. Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Weimer, C.J., dissents and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crichton, J., dissents and assigns reasons. Crain, J., dissents and assigns reasons.&nbsp;<a href="/Opinions/2021/20-0239.C.opn.pdf">2020-C-00239 SUCCESSION OF PEGGY BLACKWELL BRUCE</a> (Parish of Calcasieu) REVERSED AND REMANDED. SEE OPINION.Retired Chief Justice Johnson participated in this decision, which was argued prior to her retirement. Retired Judge James H. Boddie, Jr., heard this case as Justice pro tempore, sitting in the vacant seat for District 4 of the Supreme Court. He is now appearing as an ad hoc for Justice Jay B. McCallum.Weimer, C.J., concurs in the result and assigns reasons. Crichton, J., concurs and assigns reasons. Crain, J., concurs in the result for the reasons assigned by Chief Justice Weimer.&nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/Opinions/2021/20-0747.O.opn.pdf">2020-O-00747 IN RE: F. STANTON HARDEE, III</a> SANCTIONS IMPOSED. SEE OPINION.Lombard, J., assigned as Justice ad hoc, sitting for Retired Chief Justice Johnson, for oral argument. He now sits as Justice ad hoc for Justice Piper Griffin at the time this opinion is rendered.Weimer, C.J., concurs in part, dissents in part, and assigns reasons. Crichton, J., concurs and assigns reasons. McCallum, J., concurs in part and dissents in part for the reasons assigned by Chief Justice Weimer.&nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/Opinions/2021/19-1792.KK.opn.pdf">2019-KK-01792 JAMAL WASHINGTON VS. STATE OF LOUISIANA</a> (Parish of Jefferson) AFFIRMED. SEE PER CURIAM.Lombard, J., assigned as Justice ad hoc, sitting for Retired Chief Justice Johnson, for oral argument. He now sits as Justice ad hoc for Justice Piper Griffin at the time this opinion is rendered.Crain, J., concurs and assigns reasons.&nbsp;<a href="/Opinions/2021/19-0949.K.opn.pdf">2019-K-00949 STATE OF LOUISIANA VS. DONASTY ANWANIQUE COHEN</a> (Parish of Rapides) REVERSED AND REMANDED. SEE PER CURIAM.Lombard, J., assigned as Justice ad hoc, sitting for Retired Chief Justice Johnson, for oral argument. He now sits as Justice ad hoc for Justice Piper Griffin at the time this opinion is rendered.Crichton, J., concurs and assigns reasons. Lombard, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp; </div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } </style> &nbsp;The Opinions handed down on the 31st day of January, 2020 are as follows:&nbsp;PER CURIAM:<a href="../../opinions/2020/2019-1503.OC_2019-1508.OC.OPN.pdf">2019-OC-01503 C/W 2019-OC-01508 TEXAS BRINE COMPANY LLC AND UNITED BRINE SERVICES COMPANY, LLC VS. RODD NAQUIN IN HIS CAPACITY AS CLERK OF COURT FOR THE FIRST CIRCUIT COURT OF APPEAL FOR THE STATE OF LOUISIANA (Parish of Assumption)&nbsp;&nbsp;&nbsp;&nbsp;C/W&nbsp;&nbsp;&nbsp;&nbsp; GARY N. SOLOMON, STEPHEN H. JONES, TERRY D. JONES, AND HEALTH SCIENCE PARK, L.L.C. VS. RODD NAQUIN, IN HIS CAPACITY AS CLERK OF COURT FOR THE FIRST CIRCUIT COURT OF APPEAL FOR THE STATE OF LOUISIANA</a> (Parish of East Baton Rouge) In these consolidated actions, we are called upon to decide whether a writ of mandamus should issue to the clerk of an appellate court for the purpose of directing the clerk to comply with certain rules for the random assignment of panels and cases in that court. For the reasons which follow, we deny the petitions for writ of mandamus. Writ of Mandamus Denied.Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed Justice ad hoc, sitting for Crain, J., recused. Johnson, C.J., additionally concurs and assigns reasons. Hughes, J., concurs in part and dissents in part. Crichton, J., dissents and assigns reasons. Genovese, J., dissents and assigns reasons. &nbsp;&nbsp;&nbsp;</div>
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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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<div style="text-align:justify;"></div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 30th day of January, 2018, are as follows: &nbsp;BY CLARK, J.: <a href="/opinions/2018/17-1340.CA.OPN.pdf">2017-CA-1340</a> <a href="opinions/2018/17-1340.CA.OPN.pdf">DAVID CARVER v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY </a>(Parish of E. Baton Rouge) This case concerns the constitutionality of La. R.S. 32:667, particularly paragraphs La. R.S. 32:667 (H)(3) and (I)(1)(a). Plaintiff, David T. Carver, alleged these paragraphs violated the Due Process Clauses of the United States and Louisiana Constitutions. Following the District Court&rsquo;s finding that the paragraphs violated the Due Process Clauses, the Department of Public Safety and Corrections, Office of Motor Vehicles (the State) directly appealed that finding to this Court. For the reasons that follow, we find that the applicable paragraphs do not violate the Due Process Clauses of the United States and Louisiana Constitutions. Thus, we reverse the District Court&rsquo;s judgment of unconstitutionality and remand the matter for proceedings consistent with this holding. For the reasons given, we find that La. R.S. 32:667(H)(3), and (I)(1)(a) are constitutional and the judgment of the District Court is reversed. The matter is remanded to the District Court for proceedings consistent with this holding. REVERSED AND REMANDED. WEIMER, J., Concurs in the result and assigns reasons. &nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2018/17-0434.C.OPN.pdf">2017-C -0434</a> <a href="opinions/2018/17-0434.C.OPN.pdf">ST. BERNARD PORT, HARBOR &amp; TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., LLC C/W ST. BERNARD PORT, HARBOR &amp; TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., LLC C/W ST. BERNARD PORT, HARBOR &amp; TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., LLC</a> (Parish of St. Bernard) We affirm the court of appeal&rsquo;s holding that the expropriation was constitutional. However, we reverse the court of appeal&rsquo;s holding on the amount of just compensation due to Violet under art. I, &sect; 4(B)(1), after finding that the trial court made a legal error in its determination of just compensation and the court of appeal failed to correct that error. We therefore remand this matter to the court of appeal solely for the purpose of fixing the amount of just compensation based on the evidence in the record and in accordance with the principles set forth in this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Weimer and Guidry, JJ. &nbsp;&nbsp;PER CURIAM: <a href="opinions/2018/16-0949.KH.OPN.pdf">2016-KH-0949</a> <a href="/opinions/2018/16-0949.KH.OPN.pdf">STATE EX REL. JOHN ESTEEN v. STATE OF LOUISIANA </a>(Parish of Jefferson) Because three of relator&rsquo;s sentences are for terms of imprisonment that are no longer authorized by law, and a more lenient penalty provision applies retroactively in accordance with La.R.S. 15:308(B), relator&rsquo;s remedy is by resentencing in the district court pursuant to his motion to correct illegal sentences. Accordingly, we reverse the district court&rsquo;s denial of relator&rsquo;s motion and remand for resentencing on these three counts pursuant to the more lenient penalty provisions that were enacted by the legislature in 2001 La. Acts 403, which the legislature later declared in La.R.S. 15:308(B) apply retroactively under the circumstances enumerated in that section. REVERSED AND REMANDED. JOHNSON, C.J., additionally concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., dissents. CLARK, J., dissents for the reasons assigned by Justice Weimer and assigns additional reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp; &nbsp;<a href="/opinions/2018/16-1502.K.OPN.pdf">2016-K -1502</a> <a href="opinions/2018/16-1502.K.OPN.pdf">STATE OF LOUISIANA v. DARRYL JONES</a> (Parish of Ascension) Based on the evidence presented, the jury could only speculate defendant was guilty as a principal to the second degree murder. When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first assess the sufficiency of the evidence, see State v. Hearold, 603 So.2d 731, 734 (La. 1992), because the accused may therefore be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981). Defendant here is so entitled. See generally State v. Corkern, 593 So.2d 1259, 1260 (La. 1992) (per curiam) (When the state&rsquo;s evidence merely invites the jury to speculate on a number of reasonable probabilities, some consistent with guilt, others consistent of innocence, a reasonable jury must entertain a reasonable doubt of the defendant&rsquo;s guilt.); see also State v. Schwander, 345 So.2d 1173, 1175 (La. 1978)) (&ldquo;[a] trial jury&rsquo;s inference that an accused aided and abetted in a crime cannot be &lsquo;mere speculation based upon guilt by association.&rsquo;&rdquo;) (quoting State v. Williams, 310 So.2d 513, 515 (La. 1975)). Accordingly, for the reasons assigned, defendant&rsquo;s conviction and sentence are reversed and a judgment of acquittal is entered in his favor. REVERSED. WEIMER, J., additionally concurs. &nbsp;<a href="/opinions/2018/16-1836.K.OPN.pdf">2016-K -1836</a> <a href="/opinions/2018/16-1836.K.OPN.pdf">STATE OF LOUISIANA v. LARRY BROUSSARD, JR. AKA LARRY JAMES BROUSSARD, JR. AKA LARRY J. BROUSSARD, JR.</a> (Parish of Vermilion) The state&rsquo;s claim that a reviewing court should truncate the analysis of a Batson claim because a trial court erred in finding the defense carried its burden of production under Batson&rsquo;s first step is contrary to the jurisprudence. Furthermore, it is inconsistent with the purpose of the Batson framework, which &ldquo;is designed to produce actual answers to suspicions and inferences that discrimination may have infected the selection process.&rdquo; Johnson, 545 U.S. at 172, 125 S.Ct. at 2418. The state&rsquo;s remaining argument regarding the ultimate outcome of the Batson inquiry runs afoul of Snyder v. Louisiana, 522 U.S. 472, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008), which is dispositive here. A reviewing court should not presume that the trial judge credited a demeanor-based reason from a trial court&rsquo;s silence and the particular circumstances in Snyder and here are strikingly similar. While we are mindful that a trial court&rsquo;s determination as to purposeful discrimination rests largely on credibility evaluations and is therefore entitled to great deference, Batson, 476 U.S. at 98 n.21, 106 S.Ct. at 1724, we note that the trial court rejected the state&rsquo;s first proffered reason and we cannot presume the trial court accepted the state&rsquo;s demeanor-based proffered reason. Therefore, we find that the court of appeal correctly applied Snyder to vacate the conviction and sentence and remand to the trial court for further proceedings. The court of appeal&rsquo;s decision is affirmed.&nbsp; AFFIRMED. CLARK, J., dissents for the reasons assigned by Justice Genovese. HUGHES, J., dissents for the reasons assigned by Genovese, J. GENOVESE, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2018/17-1473.B.OPN.pdf">2017-B -1473</a> <a href="/opinions/2018/17-1473.B.OPN.pdf">IN RE: JOSEPH G. PASTOREK, II</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 Joseph G. Pastorek, II, Louisiana Bar Roll number 30845, be and he hereby is permanently disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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. HUGHES, J., dissents and would order disbarment. CRICHTON, J., dissents and would order disbarment. </div>&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 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&nbsp;27th day of January, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/15C1298.opn.pdf">2015-C -1298	STATE OF LOUISIANA v. LYNN E. FORET, M.D.</a>&nbsp;(Parish of E. Baton Rouge)For the above and foregoing reasons, the portions of the July 8, 2014 judgment of the trial court that (1) dismissed all of the State's causes of action filed pursuant to the Sledge Jeansonne Act, and (2) dismissed the State's causes of action under the Unfair Trade Practices Act for activities occurring prior to June 2, 2006, are hereby affirmed. This matter is remanded for further proceedings consistent with the views expressed herein. AFFIRMED.GUIDRY, J., concurs and assigns reasons.&nbsp;BY KNOLL, J.: <a href="/opinions/2016/15C0905.opn.pdf">2015-C -0905	CALVIN ARRANT v. WAYNE ACREE PLS, INC. &amp; LOUISIANA WORKERS' COMPENSATION CORPORATION</a>&nbsp;(Office of Workers' Compensation, District 1E)Accordingly, we reverse and vacate in part that portion of the judgment sustaining the defendants&rsquo; peremptory exception of prescription, and we remand for the OWC to consider the merits of Arrant's claim that the medical director failed to appropriately apply the medical treatment guidelines in denying the lumbar spine magnetic resonance imaging requested by his orthopedic surgeon. In all other respects, we affirm the judgment. AFFIRMED IN PART. REVERSED AND VACATED IN PART. REMANDED.GUIDRY, J., dissents for reasons assigned by Justice Crichton.&nbsp; CRICHTON, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2016/15KK1473cw15KK1486.opn.pdf">2015-KK-1473 C/W 2015-KK-1486	STATE OF LOUISIANA v. ERIK NUNEZ C/W STATE OF LOUISIANA v. BRANDON LICCIARDI C/W STATE OF LOUISIANA v. TYRONE BROWN</a>&nbsp;(Parish of Orleans)(Allotment System of Criminal Cases)For the foregoing reasons, we reverse the decisions of the Court of Appeal granting defendants&rsquo; motions to quash allotment and ordering re-allotment in these cases, and we reinstate the trial Judges&rsquo; denials of said motions. Otherwise, the decisions of the Court of Appeal are affirmed. These cases are remanded for further proceedings consistent with this opinion.&nbsp; REVERSED IN PART; AFFIRMED IN PART; REMANDED.WEIMER, J., dissents with reasons. HUGHES, J., dissents with reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2016/15CA1750.opn.pdf">2015-CA-1750	DERRICK SHEPHERD v. THOMAS SCHEDLER, IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF STATE FOR THE STATE OF LOUISIANA, &amp; JAMES "BUDDY" CALDWELL IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL FOR THE STATE OF LOUISIANA, &amp; PAUL D. CONNICK, JR., IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR THE 24TH JUDICIAL DISTRICT, PARISH OF JEFFERSON, STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, therefore, we find that 1997 La. Acts 1492, which attempted to amend La. Const. art. I, &sect; 10, is null and void because it was not constitutionally adopted, and we affirm the decision below. AFFIRMED.GUIDRY, J., dissents and assigns reasons. CRICHTON, J., concurs and assigns additional reasons.&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/15CJ1429.opn.pdf">2015-CJ-1429	THE STATE OF LOUISIANA IN THE INTEREST OF K.C.C.</a>&nbsp;(Parish of Jefferson)Accordingly, we find the court of appeal erred in reversing the juvenile court&rsquo;s ruling denying the exception of no right of action filed by the parents. The court of appeal&rsquo;s judgment is reversed in part and the matter is remanded to the court of appeal for consideration of the parents&rsquo; assignments of error pretermitted by the appellate court. REVERSED and REMANDED.HUGHES, J., concurs with the result.&nbsp;BY CLARK, J.: <a href="/opinions/2016/14K2260cw14KO2310.opn.pdf">2014-K -2260 C/W 2014-KO-2310	STATE OF LOUISIANA v. VERNON MULLINS</a>&nbsp;(Parish of Sabine)(Aggravated Rape) Accordingly, we reverse the decisions below, vacate the Defendant's conviction and sentence, and remand this case to the District Court for a new trial. REVERSED. CONVICTION AND SENTENCE VACATED. REMANDED FOR NEW TRIAL.WEIMER, J., concurs in the result and assigns reasons.&nbsp; GUIDRY, J., dissents and assigns reasons. CRICHTON, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2016/15C1175.opn.pdf">2015-C -1175	MICHAEL DUNN AND THE CLASS OF SIMILARLY SITUATED PERSONS, KENNER FIRE FIGHTERS ASSOCIATION LOCAL 1427 IAFF v. CITY OF KENNER</a>&nbsp;(Parish of Jefferson)For the reasons set forth herein, we find that the trial court erred in granting Kenner&rsquo;s motion for summary judgment on each of the four types of compensation at issue &ndash; educational incentive pay, seniority incentive pay, holiday pay, and acting pay &ndash; and denying the Firefighters&rsquo; cross-motion for summary judgment. We further hold that the court of appeal was correct to find no genuine issues of material fact that the four payment types must be included as "earnable compensation&rdquo; and that the Firefighters were entitled to judgment as a matter of law, and to its rendering of summary judgment in favor of the Firefighters. Accordingly, we affirm the judgment of the court of appeal. AFFIRMED.HUGHES, J., dissents in part with reasons.&nbsp;PER CURIAM: <a href="/opinions/2016/14K2295.opn.pdf">2014-K -2295	STATE OF LOUISIANA v. QUINT MIRE</a>&nbsp;(Parish of Vermilion)(2nd Degree Murder)Accordingly, the ruling of the court of appeal is reversed and defendant&rsquo;s conviction for second degree murder and sentence of life imprisonment at hard labor without parole eligibility are reinstated. REVERSED.CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 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&nbsp;24th day of January, 2012, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2012/11C1170.pdf">2011-C -1170	LAURIE JENKINS v. LARRY G. STARNS</a>&nbsp;(Parish of Livingston)For the same reasons set forth in Reeder, we now conclude the continuous representation rule also does not apply to the one-year peremptive period in La. R.S. 9:5605. We therefore reverse the judgment of the court of appeal and hold Jenkins&rsquo; legal malpractice suit is untimely.&nbsp; REVERSED. DISMISSED.JOHNSON, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Justice Johnson.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2012/11C0898.pdf">2011-C -0898	ARLENE CHAMBERS v. VILLAGE OF MOREAUVILLE</a>&nbsp;(Parish of Avoyelles)For the reasons stated herein, the judgments of the court of appeal and trial court are reversed and judgment is rendered in favor of the defendant, dismissing the plaintiff&rsquo;s claim against the Village of Moreauville with prejudice.&nbsp; REVERSED AND RENDERED.JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/11C1141.pdf">2011-C -1141	MCLANE SOUTHERN, INC. v. CYNTHIA BRIDGES, SECRETARY OF THE DEPARTMENT OF REVENUE OF THE STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons expressed herein, the judgment of the court of appeal is reversed and the trial court judgment granting the Department&rsquo;s motion for summary judgment finding McLane liable for the tax on smokeless tobacco products is reinstated. The case is remanded to the court of appeal to consider McLane&rsquo;s two remaining assignments of error. REVERSED AND REMANDED.KIMBALL, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2012/11O2182.pdf">2011-O -2182	IN RE: JUDGE ROBERT E. BURGESS, FORTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF DESOTO, STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Judge Robert E. Burgess be publicly censured for violating Canons 1, 2A, and 2B of the Code of Judicial Conduct and La. Const. art. V, &sect;25(C). Judge Burgess is ordered to reimburse the Louisiana Judiciary Commission for costs in the amount of $1,738.49.VICTORY, J., concurs in the result and assigns reasons. CLARK, J., concurs in the result for the reasons assigned by Justice Victory.&nbsp;<a href="/opinions/2012/11CC1579cw11CC1814.pdf">2011-CC-1579 C/W 2011-CC-1814 KALEEM ARSHAD, ET AL. v. CITY OF KENNER, ET AL.</a>&nbsp;(Parish of Jefferson) For the foregoing reasons, the judgment of the Court of Appeal is hereby affirmed. AFFIRMED.KIMBALL, C.J., concurs in part, dissents in part, and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2012/11KK2201.pdf">2011-KK-2201	STATE OF LOUISIANA v. TIMOTHY BAZILE</a>&nbsp;(Parish of E. Baton Rouge) (Second Degree Murder)For the reasons assigned, the judgment of the district court is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.JOHNSON, J., concurs. WEIMER, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2012/11O2243.pdf">2011-O -2243	IN RE: JUSTICE OF THE PEACE HERBERT G. WILLIAMS, JR. PARISH OF PLAQUEMINES, WARD 2 STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Justice of the Peace Herbert G. Williams, Jr., be publicly censured for violating Canons 1, 2(A), 2(B), 3(A)(1), and 3(B)(1) of the Code of Judicial Conduct. It is further ordered that Justice of the Peace Herbert G. Williams, Jr., reimburse the Judiciary Commission of Louisiana $1,657.56 in costs.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2012/10KA0614.pdf">2010-KA-0614	STATE OF LOUISIANA v. TERRANCE CARTER</a>&nbsp;(Parish of Red River) (First Degree Murder)For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality of direct appeal, and before issuing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:147; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.&nbsp;<a href="/opinions/2012/10C1140.pdf">2010-C -1140	JIMMY L. SMITH v. STATE OF LOUISIANA</a>&nbsp;(Parish of West Feliciana) (Sex Offender Registration)For the reasons set forth above, we find the 1999 amendment to former La. Rev. Stat. 15:542.1, providing for a lifetime obligation to register as a sex offender, applies to Mr. Smith as a multiple sexual offender. We further find no violation of the ex post facto clause in the application of the sex offender registration statutes to Mr. Smith. Thus, we reverse the ruling of the court of appeal, and reinstate the district court&rsquo;s judgment denying Mr. Smith&rsquo;s petition for injunctive and declaratory relief and ordering him to register as a lifetime sex offender.&nbsp; REVERSED; DISTRICT COURT JUDGEMENT REINSTATED.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2012/11C1418.pdf">2011-C -1418	FIRST NATIONAL BANK, USA v. DDS CONSTRUCTION, LLC</a>&nbsp;(Parish of St. John)For the foregoing reasons, we reverse the ruling of the court of appeal, reinstating the judgment of the district court on the motion to rank creditors. We hold the Construction Mortgage of First National primes the Bering Mortgage held by US Bank. This matter is remanded for further proceedings consistent with this opinion. REVERSED AND REMANDEDKIMBALL, C.J., dissents for reasons assigned by Justice Knoll. JOHNSON, J., dissents for reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2012/10OB2789.pdf">2010-OB-2789	IN RE: HERMAN W. ROBINSON, JR.</a>Under the circumstances, we conclude petitioner has failed to meet his burden of proving that he has &ldquo;good moral character&rdquo; to be admitted to the Louisiana State Bar Association. See Supreme Court Rule XVII, &sect; 5(D). Accordingly, it is ordered that the application for admission be and hereby is denied. ADMISSION DENIED.<a href="/opinions/2012/11B1038.pdf">2011-B -1038	IN RE: JOHNNIE JONES, SR.</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 Johnnie Jones, Sr., Louisiana Bar Roll number 8329, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years. As a condition of probation, respondent is ordered to submit to fee dispute arbitration in the Childs matter and refund any unearned fees as determined by the arbitrator. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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.JOHNSON, J., dissents.&nbsp;&nbsp;<a href="/opinions/2012/11C1130.pdf">2011-C -1130	JERRY WAYNE BENOIT v. TURNER INDUSTRIES GROUP, LLC</a>For the reasons assigned, the judgment of the court of appeal is reversed insofar as it affirms the judgment of the Office of Workers&rsquo; Compensation awarding claimant total medical expenses in the amount of $625,168.27. As to the remaining assignments of error, the writ is recalled and denied.JOHNSON, J., dissents in part and assigns reasons. KNOLL, J., dissents in part and concurs in part and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2012/11B1457.pdf">2011-B -1457	IN RE: CHARLES WILLIAMS</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 the name of Charles Williams, Louisiana Bar Roll number 13493, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 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&nbsp;16th day of January, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/07C1087.opn.pdf">2007-C -1087 C/W 2007-C -1202 DOUG WELBORN, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR EAST BATON ROUGE PARISH v. THE 19TH JUDICIAL DISTRICT COURT AND THE EAST BATON ROUGE PARISH FAMILY COURT</a>&nbsp;(Parish of E. Baton Rouge) The judgment of the Court of Appeal is affirmed in part, and reversed in part. The East Baton Rouge Parish Family Court, and not the Nineteenth Judicial District Court, is the court with exclusive jurisdiction to hear claims brought by "household members" or "dating partners" under the "Protection from Family Violence Act" and the "Protection from Dating Violence Act," respectively. AFFIRMED IN PART, REVERSED IN PART; DECREE ENTERED.TRAYLOR, J., dissents with reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/06k2595.opn.pdf">2006-K -2595 STATE OF LOUISIANA v. LEON D. FUSSELL</a>&nbsp;(Parish of Lasalle) (Aggravated Rape; Possession of Pornography Involving Juveniles - 16 Counts) Based on the foregoing, we now determine the following: (1) The Court of Appeal's reduction of Defendant's sixteen convictions under La. R.S. 14:81.1(A)(3) for the intentional possession of pornography involving juveniles to a single conviction is reversed and the trial court's sixteen separate convictions are reinstated; and (2) the case is remanded to the trial court for resentencing on all seventeen convictions. REVERSED IN PART AND REINSTATED, AND REMANDED FOR RESENTENCINGCALOGERO, C.J., concurs. TRAYLOR, J., concurs.&nbsp;<a href="/opinions/2008/07c1352.opn.pdf">2007-C -1352 NORA MILLER, ET VIR v. LAMMICO, ET AL.</a>&nbsp;(Parish of Calcasieu)Accordingly, we reverse that part of the Court of Appeal judgment amending the trial court's judgment to reflect a reduction of the damage award to the statutory cap prior to allocation of comparative fault, reinstate the trial court's judgment as to calculation of damages, and affirm that part of the Court of Appeal's judgment affirming the jury's damage award. REVERSED IN PART, AFFIRMED IN PARTVICTORY, J., concurs in the result.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/06k1537.opn.pdf">2006-K-1537 STATE OF LOUISIANA v. TIMOTHY E. ROBERTSON</a>&nbsp;(Parish of Grant) (Creation or Operation of a Clandestine Laboratory for the Unlawful Manufacture of a Controlled Dangerous Substance) For the reasons stated herein, we affirm the decision of the court of appeal in part, reverse in part, and enter a verdict of guilty of the offense of violation of La. R.S. 40:983, "Creation and Operation of a Clandestine Laboratory for the Unlawful Manufacture of CDS II, to-wit, Methamphetamine." This case is remanded to the trial court for sentencing in accordance with La.R.S. 40:982. Affirmed in Part, Reversed in Part, and Remanded to the Trial Court.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., concurs.&nbsp;<a href="/opinions/2008/06KA1807.opn.pdf">2006-KA-1807 STATE OF LOUISIANA v. JESSE JAY MONTEJO</a>&nbsp;(Parish of St. Tammany) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2008/07C1151.opn.pdf">2007-C -1151 INTERNATIONAL PAPER, INC.v. CYNTHIA BRIDGES, SECRETARY DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a>&nbsp;(Parish of Morehouse) Accordingly, for the foregoing reasons, the appellate court's decision is reversed, and the Board's decision is reinstated. REVERSED; DECISION OF BOARD REINSTATED&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/05KA2098.opn.pdf">2005-KA-2098 STATE OF LOUISIANA v. DERRICK TODD LEE</a>&nbsp;(Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from thisCourt under LA. CODE CRIM. PROC. ANN. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by LA. REV. STAT. ANN. &sect; 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under LA. REV. STAT. ANN. &sect; 15:149.1; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2008/06c2001.opn.pdf">2006-C -2001 C/W 2006-C -2164 JOHN AND KLEA HEBERT v. RAPIDES PARISH POLICE JURY, ET AL.</a>&nbsp;(Parish of Rapides) We affirm the amount of the damage award rendered by the court of appeal, subject to the award against the Rapides Parish Police Jury being limited to 40 percent, as found by the district court. We remand this matter to the district court for a determination of a specific amount of court costs to be paid by the Rapides Parish Police Jury, and for a judgment expressing the award of costs in a dollar amount. See LSA-R.S. 13:5112(A). AFFIRMED; REMANDED WITH INSTRUCTIONS.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/07b1616.pc.pdf">2007-B -1616 IN RE: CARDELL A. THOMAS</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of Cardell A. Thomas, Louisiana Bar Roll number 1148, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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's judgment until paid.JOHNSON, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;28th day of January, 2003, are as follows:&nbsp;BY CALOGERO, C.J.:&nbsp;<a href="/opinions/2003/2002c0665.opn.pdf">2002-C- 0665 INDUSTRIAL COMPANIES, INC. v. JAMES E. DURBIN, BERKLEY R. DURBIN, DURBIN, DURBIN &amp; DURBIN, L.L.C. AND ALL SOUTH TITLE, INC.</a>&nbsp;(Parish of Livingston)&nbsp; In summary, we find that the district court improperly granted the peremptory exceptions of no cause of action and no right of action filed by the defendants, and that the appellate court properly reversed the district court's judgment granting the exception. Accordingly, the court of appeal decision reversing the district court is affirmed on those issues. For the reasons explained above, Industrial has stated both a cause of action and a right of action against the defendants. However, the appellate court erred in granting the exception of non-joinder of an indispensable party. The judgment concerning that issue is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.&nbsp; AFFIRMED IN PART;&nbsp; REVERSED IN PART;&nbsp; REMANDED TO DISTRICT COURT.&nbsp;KIMBALL, J., dissents and assigns reasons.&nbsp; JOHNSON, J., dissents.&nbsp; KNOLL, J., dissents for reasons assigned by Justice Kimball.&nbsp;&nbsp;&nbsp;BY KIMBALL, J.:&nbsp;<a href="/opinions/2003/2001c2767.opn.pdf">2001-C- 2767 JIMMY AND BRENDA BONNETTE, ET AL. v. CONOCO, INC., ET AL.</a> (Parish of Calcasieu)&nbsp; For the foregoing reasons, we reverse those portions of judgment of the court of appeal that affirm the trial court's awards of damages for "physical injury and an increased risk of developing asbestos related cancer," "past, present, and future mental anguish," and "punitive damages." That portion of the judgment of the court of appeal that affirms the trial court's awards for "property damage" is affirmed.&nbsp; AFFIRMED IN PART AND REVERSED IN PART.&nbsp;Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette T. Knoll, recused.&nbsp;JOHNSON, J., concurs in part, dissents in part and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/2002cc0670.opn.pdf">2002-CC- 0670 CHARLENE MILLER INDIVIDUALLY AND ON BEHALF OF HER&nbsp;
 MINOR CHILDREN v. MATTHEW &amp; SHIRLEY MARTIN,&nbsp;DEPARTMENT OF SOCIAL SERVICES, STATE OF LOUISIANA AND METHODIST HOME FOR CHILDREN</a> (Parish of Jefferson)&nbsp; For this reason, we reverse the court of appeal's judgment insofar as it grants the Department's motion for summary judgment on the issue of whether vicarious liability is applicable to this case.&nbsp; The judgment of the trial court is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion.&nbsp; REVERSED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; WEIMER, J., dissents for the reasons assigned by Justice Victory.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:&nbsp;<a href="/opinions/2003/2002cj2089.opn.pdf">2002-CJ- 2089 STATE OF LOUISIANA IN THE INTEREST OF J.M., J.P.M. AND M.M.&nbsp;</a>(Parish of Iberia)&nbsp; Therefore, the court of appeal's decision is hereby reversed, and the trial court's ruling, terminating the parental rights of S.M., is reinstated.&nbsp;&nbsp;&nbsp;BY VICTORY, J.:&nbsp;<a href="/opinions/2003/2002o1661.opn.pdf">2002-O- 1661 IN RE: JUDGE PERRELL FUSELIER OAKDALE CITY COURT</a> (Judiciary Commission of Louisiana)&nbsp; For the reasons stated herein, it is ordered that Judge Perrell Fuselier of the City Court of Oakdale, State of Louisiana, be suspended from judicial office for one hundred and twenty (120) days without pay. It is further ordered that Judge Perrell Fuselier be ordered to reimburse and pay to the Judiciary Commission costs in the amount of $8,862.42 incurred in the investigation and prosecution of his case, pursuant to Supreme Court Rule XXIII, Section 22.&nbsp;KIMBALL, J., dissents and would impose greater discipline.&nbsp; JOHNSON, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:&nbsp;<a href="/opinions/2003/2002cc1071.opn.pdf">2002-CC- 1071 MICHAEL SMITH v. SOUTHERN HOLDING,&nbsp;INC., ET AL.</a> (Office Of&nbsp; Workers' Compensation District 8)&nbsp; For the above and foregoing reasons, the judgments of the OWC and the court of appeal are affirmed.&nbsp; AFFIRMED.&nbsp;CALOGERO, C.J., concurs and assigns reasons.&nbsp; VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp; WEIMER, J., dissents and will assign reasons.&nbsp;&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2003/2001k2298.opn.pdf">2001-K- 2298 STATE OF LOUISIANA v. TERRANCE BEDFORD</a> (Parish of St. Tammany)&nbsp; (Distribution of Cocaine)&nbsp; We therefore vacate the defendant's conviction and sentence for violation of R.S. 40:981.3, and enter a judgment of conviction of distribution of cocaine in violation of La.R.S. 40:967(A)(1). See La. C.Cr.P. art. 821(E) (reviewing court may modify verdict and render judgment of conviction on lesser included responsive offense). This case is remanded to the district court for resentencing.&nbsp; DECISION OF THE COURT OF APPEAL REVERSED; DEFENDANT'S CONVICTION REDUCED TO DISTRIBUTION OF COCAINE IN VIOLATION OF La. R.S. 40:966(A)(1) AND HIS SENTENCE VACATED; THIS CASE IS REMANDED TO THE DISTRICT COURT FOR RESENTENCING.&nbsp;VICTORY, J., dissents with reasons.&nbsp; TRAYLOR, J., dissents.&nbsp;&nbsp;<a href="/opinions/2003/2001kk3193.opn.pdf">2001-KK- 3193 STATE OF LOUISIANA v. JESSIE HAYES</a> (Parish of Calcasieu)&nbsp; (Theft of Various Items Over $500.00)&nbsp; Calcasieu Parish is therefore the appropriate venue for the state in which to prosecute this particular crime against the property interests of its citizens.&nbsp; DECISION OF THE THIRD CIRCUIT REVERSED; RULING OF THE TRIAL COURT&nbsp;DENYING THE MOTION TO QUASH REINSTATED; CASE REMANDED TO THE&nbsp;TRIAL COURT FOR FURTHER PROCEEDINGS.&nbsp;WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/2002b1899.opn.pdf">2002-B- 1899 IN RE: GREER E. GOFF</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Greer E. Goff be suspended from the&nbsp;practice of law for a period of nine months. It is further ordered that six months of this suspension shall be deferred.&nbsp; 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's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr 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 valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;17th day of January, 2001, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/00c0926.opn.pdf">2000-C- 0926 GAYLE LOUISE SCHULTZ F/K/A GAYLE LOUISE DOYLE v. WAVY H. DOYLE AND ERA L. DOYLE&nbsp;</a>(Parish of Rapides) The judgment of the court of appeal is reversed. Plaintiff's Texas judgment against the Defendants, Wavy and Era Doyle, is entitled to Full Faith and Credit in this state. The case is remanded to the district court with instructions to order the Texas judgment made executory under the Uniform Enforcement of Foreign Judgments Act, La. Rev. Stat. 13:4241 et seq. JUDGMENT OF COURT OF APPEAL REVERSED; REMANDED TO DISTRICT COURT.<a href="/opinions/2001/00c0926.htl.pdf">LEMMON, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/99ka0553.opn.pdf">1999-KA- 0553 STATE OF LOUISIANA v. ANTOINETTE FRANK</a> (Parish of Orleans) (First Degree Murder) The defendant's conviction is affirmed. However, the case is remanded to the trial court in order for it to hold an evidentiary hearing as to whether the defendant was entitled under Touchet to state-funded expert assistance for the sentencing phase of her trial. If the court determines she was so entitled, it is to vacate the defendant's sentence and order a new penalty phase at which the defendant will have the benefit of that expert assistance. If the trial court finds that the defendant can not make the proper showing of need for state funds, the defendant may appeal that decision to this court along with the other assignments of error regarding the penalty phase of her trial.&nbsp;<a href="/opinions/2001/99k3518.opn.pdf">1999-K- 3518 STATE OF LOUISIANA v. EDDIE GIVENS</a> (Parish of Orleans) (Aggravated Rape - 2 Counts; Aggravated Burglary, Armed Robbery, Simple Burglary and Attempted Simple Burglary) Therefore, the defendant's conviction and sentence are affirmed in part, and the case is remanded in part for further proceedings on the defendant's claims under J.E.B.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/99c3097.opn.pdf">1999-C- 3097 JUNE COLEMAN WIFE OF LESLIE LEON ROBINSON, JR. v. LESLIE LEON ROBINSON, JR&nbsp;</a>. (Parish of Orleans) For the foregoing reasons, we reverse the decision of the court of appeal in part and affirm the decision in part. We remand to the trial court to determine the value of Ms. Coleman's interest in the pension plan. The parties are to bear their own costs.MARCUS, J., (now retired), not on panel. See Rule IV, Part 2, &sect;3.<a href="/opinions/2001/99c3097.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J. <a href="/opinions/2001/99c3097.jtk.pdf">KNOLL, J., dissents in part and assigns reasons</a>.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/99ka1311.opn.pdf">1999-KA- 1311 STATE OF LOUISIANA v. EMMETT D. TAYLOR</a> (Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari, or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Walter F. Marcus, Jr., Associate Justice, ad hoc, sitting for Justice Jeanette T. Knoll, recused.<a href="/opinions/2001/99ka1311.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00kk0566.opn.pdf">2000-KK- 0566 C/W 2000-KK- 0677 STATE OF LOUISIANA v. LESTER GOMEZ</a> (Parish of Jefferson) (Aggravated Rape) For the reasons assigned, the judgment of the trial court allowing the testimony of the victims' mothers is hereby reversed. The judgment of the trial court prohibiting testimony from the mental professionals is affirmed. This case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART.<a href="/opinions/2001/00kk0566.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00cj2703.opn.pdf">2000-CJ- 2703 STATE OF LOUISIANA IN THE INTEREST OF THE MINOR CHILDREN, C.P., K.P.P. AND K.M.P.</a> (Parish of St. Bernard) K.P.'s failure to timely file the Motion for Appeal removed jurisdiction from the Fourth Circuit to consider her appeal. The appeal thus should have been dismissed. The opinion of the Fourth Circuit is hereby vacated in its entirety as being improvidently granted. The trial court judgment, which has become res judicata as a result of no timely appeal being filed, is hereby reinstated. The case is remanded to the trial court for further proceedings consistent with this opinion. VACATED AND REMANDED.&nbsp;&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/00c0943.pc.pdf">2000-C- 0943 J. E. MERIT CONSTRUCTORS, INC. v. ZENO HICKMAN C/W ZENO HICKMAN v. J. E. MERIT CONSTRUCTORS, INC&nbsp;</a>. (Office Of Workers Compensation District 2) For the reasons assigned, the judgment of the court of appeal is reversed insofar as it awarded an additional $7,500 in attorney's fees against J. E. Merit Constructors, Inc. for arbitrary and capricious acts beyond those found by the workers' compensation judge.<a href="/opinions/2001/00c0943.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00c1335.pc.pdf">2000-C- 1335 LARRY J. CARRIER AND PATSY C. CARRIER v. GREY WOLF DRILLING COMPANY, ET AL&nbsp;</a>. (Parish of Acadia) For the reasons assigned, the judgment of the court of appeal is reversed. The district court's judgment granting summary judgment in favor of Grey Wolf Drilling Company, Byron Beard, and Old Republic Insurance Company and dismissing plaintiffs' suit with prejudice is reinstated. All costs in this court are assessed against plaintiffs.<a href="/opinions/2001/00c1335.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00c1520.pc.pdf">2000-C- 1520 YARNELL ICE CREAM COMPANY AND FIREMAN'S FUND INSURANCE COMPANY v. JAMES GREGG ALLEN&nbsp;</a>(Office Of Workers' Compensation District 01E) Accordingly, we recall our order of September 15, 2000, as improvidently granted, and deny Allen's application.<a href="/opinions/2001/00c1520.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a>LEMMON, J., dissents. KIMBALL, J., dissents for reasons assigned by Calogero, C.J.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 6th day of February, 2025 are as follows:&nbsp;<h1>BY Hughes, J.:</h1><a href="/opinions/2025/24-0897.K.OPN.pdf">2024-K-00897&nbsp;STATE OF LOUISIANA VS. DEON RAY BARTIE</a>&nbsp;(Parish of Allen) AFFIRMED. SEE OPINION.Weimer, C.J., dissents and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crain, J., dissents and assigns reasons. McCallum, J., dissents and assigns reasons. Guidry, J., concurs in the result. &nbsp;&nbsp;<h1>BY Crain, J.:</h1><a href="/opinions/2025/24-0627.C.OPN.pdf">2024-C-00627&nbsp;HUNTSMAN INTERNATIONAL, L.L.C. AND RUBICON, L.L.C. VS. PRAXAIR, INC.</a>&nbsp;(Parish of Orleans Civil) AMENDED IN PART. SEE OPINION.Hughes, J., dissents for the reasons assigned by Knoll, J. Knoll, J., dissents and assigns reasons. Griffin, J., dissents for the reasons assigned by Knoll, J. &nbsp;&nbsp;<h1>BY Griffin, J.:</h1><a href="/opinions/2025/24-0406.C.OPN.pdf">2024-C-00406&nbsp;PINNACLE CONSTRUCTION GROUP, L.L.C. VS. DEVERE SWEPCO JV, L.L.C., LIBERTY MUTUAL INSURANCE COMPANY AND UNITY VILLAGE HOMES, L.L.C.</a>&nbsp;(Parish of St. Landry) REVERSED AND REMANDED. SEE OPINION.Hughes, J., additionally concurs for the reasons assigned by Crain, J. Crain, J., concurs and assigns reasons. McCallum, J., concurs in the result. Guidry, J., concurs in the result. &nbsp;&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2025/24-0564.KK.OPN.pdf">2024-KK-00564&nbsp;STATE OF LOUISIANA VS. FELTON THOMPSON</a>&nbsp;(Parish of Jefferson) REVERSED AND REMANDED. SEE PER CURIAM.Griffin, J., additionally concurs and assigns reasons. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;&nbsp;<div class="nrbody">&nbsp;The Opinions handed down on the 29th day of January, 2020 are as follows:&nbsp;BY Weimer, J.:<a href="../../opinions/2020/18-2061.CC.OPN.pdf">2018-CC-02061 GISTARVE JOSEPH, SR., ET AL. VS. HUNTINGTON INGALLS INCORPORATED, ET AL.</a> (Parish of Orleans Civil) We granted certiorari to determine the preclusive effect of a written compromise agreement. This agreement was executed by a tort victim in settlement of an action for damages resulting from occupational exposure to toxic materials. At issue is the effect of the compromise on a subsequent survival action brought by the La. C.C. art. 2315.1 beneficiaries of the tort victim, who contracted mesothelioma and died after entering into the compromise. Finding the intent of the parties to the compromise to be clear, unambiguous and unequivocal, and the elements of the res judicata plea satisfied, we conclude that the compromise should have been accorded preclusive effect. Accordingly, we reverse the judgment of the district court, declining to give res judicata effect to the compromise, and sustain the exception of res judicata with respect to the survival action. REVERSED, EXCEPTION SUSTAINED, REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Johnson, C.J. &nbsp;<a href="../../opinions/2020/19-0263.C.OPN.pdf">2019-C-00263 NEWELL NORMAND, SHERIFF &amp; EX-OFFICIO TAX COLLECTOR FOR THE PARISH OF JEFFERSON VS. WAL-MART.COM USA, LLC</a> (Parish of Jefferson) The writ application in this case was granted to determine whether the lower courts correctly ruled that an online marketplace is obligated as a &ldquo;dealer&rdquo; under La. R.S. 47:301(4)(l) and/or by contract to collect sales tax on the property sold by third party retailers through the marketplace&rsquo;s website. Because an online marketplace is not a &ldquo;dealer&rdquo; under La. R.S. 47:301(4)(l) for sales made by third party retailers through its website and because the online marketplace did not contractually assume the statutory obligation of the actual dealers, that is, the third party retailers, the judgment of the trial court and the decision of the court of appeal are reversed and vacated. MOTION TO DISMISS DENIED; REVERSED AND VACATED; RENDERED.Retired Judge Freddie Pitcher, Jr., appointed as Justice ad hoc, sitting for the vacancy in the First District at the time of oral argument; Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents with reasons. Pitcher, J., dissents for the reasons assigned by Justice Hughes &nbsp;&nbsp;BY Hughes, J.:<a href="../../opinions/2020/19-0645.KK.OPN.pdf">2019-KK-00645 STATE OF LOUISIANA VS. DONOVAN ALEXANDER</a> (Parish of Orleans Criminal) We granted certiorari in this case to determine whether the court of appeal erred in reversing the district court judgment that granted the defendant&rsquo;s motion to suppress an uncounseled statement. After reviewing federal and state authorities, we have determined that when the police failed to inform the defendant that his attorney sought to speak with him and failed to allow his attorney access to the defendant when the attorney was on the scene of the arrest and asked to see his client, the statement is inadmissible. Accordingly, we reverse the ruling of the court of appeal and reinstate the district court&rsquo;s judgment. COURT OF APPEAL REVERSED, DISTRICT COURT JUDGMENT REINSTATED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Crichton, J., dissents and assigns reasons. Chehardy, J., dissents and assigns reasons. &nbsp;<a href="../../opinions/2020/19-0749.C.OPN.pdf">2019-C-00749 LUV N' CARE, LTD. VS. JACKEL INTERNATIONAL LIMITED</a> (Parish of Ouachita) This case presents the res nova issue of whether La. R.S. 13:4611(1)(g) authorizes an award of attorney fees to a party in a contempt proceeding, who has been found not guilty of contempt of court, or whether an award of attorney fees is only authorized in favor of a party who successfully prosecutes a contempt action. The district court awarded, and the appellate court affirmed, attorney fees to the defendant herein, who was found not to be in contempt, as the &ldquo;prevailing party.&rdquo; For the reasons that follow, we reverse and vacate the award of attorney fees. JUDGMENT REVERSED IN PART; VACATED IN PART.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;&nbsp;BY Crichton, J.:<a href="../../opinions/2020/17-1921.KA.OPN.pdf">2017-KA-01921 STATE OF LOUISIANA VS. DACARIUS HOLLIDAY</a> (Parish of East Baton Rouge) On June 27, 2007, a grand jury indicated defendant Dacarius Holliday (&ldquo;defendant&rdquo;) for the first-degree murder of two-year-old Darian Coon. On March 14, 2010, a unanimous jury found defendant guilty as charged. On March 17, 2010, the jury unanimously determined that defendant be sentenced to death, finding the following aggravating circumstances proven beyond a reasonable doubt: (1) the offender was engaged in the perpetration or attempted perpetration of second-degree cruelty to juveniles; and (2) the victim was under the age of twelve (12) years. See La. R.S. 14:30 (A)(1) and (5) and La. R.S. 14:93.2.3. This is defendant&rsquo;s direct appeal pursuant to La. Const. art. V, &sect;5(D). Defendant raises 52 assignments of error, variously combined into 29 arguments, all of which will be addressed herein. After a thorough review of the law and the evidence contained in the record before this Court, we find that none of the arguments set forth by defendant constitute reversible error. Accordingly, for reasons that follow, we affirm the defendant&rsquo;s first-degree murder conviction and sentence of death. AFFIRMED. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. &nbsp;&nbsp;BY Boddie, J.:<a href="../../opinions/2020/19-1238.CC.OPN.pdf">2019-CC-01238 DON CALDWELL, INDIVIDUALLY AND SHERONDA CALDWELL, INDIVIDUALLY VS. ST. CHARLES GAMING COMPANY D/B/A ISLE OF CAPRI CASINO-LAKE CHARLES</a> (Parish of Calcasieu) We granted this writ to review a decision by the Third Circuit Court of Appeal granting plaintiff&rsquo;s motion for summary judgment and holding the Grand Palais Casino (&ldquo;Grand Palais&rdquo;) is a &ldquo;vessel&rdquo; for purposes of general maritime law.1 The decision contradicts the court&rsquo;s earlier decision in Benoit v. St. Charles Gaming Company, LLC, 17-101 (La. App. 3 Cir. 11/8/17), 230 So. 3d 997, writ denied, 17-2051 (La. 2/2/18), 233 So. 3d 615, cert. denied, ___ U.S. ___, 139 S. Ct. 104, 202 L. Ed. 2d 29 (2018), which held the Grand Palais is not a vessel. After a de novo review of the record, and for the reasons set forth below, we conclude the Grand Palais is a not vessel under general maritime law. Therefore, we reverse the judgment of the court of appeal and grant defendant&rsquo;s motion for summary judgment, dismissing plaintiff&rsquo;s suit. REVERSED AND RENDERED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Hughes, J., dissents with reasons. &nbsp;&nbsp;BY Chehardy, J.:<a href="../../opinions/2020/19-0507.C_19-0524.C.OPN.pdf">2019-C-00507 C/W 2019-C-00524 MEGAN THOMAS, ET AL. VS. THE REGIONAL HEALTH SYSTEM OF ACADIANA, LLC, ET AL.</a> (Parish of Lafayette) We granted writs in these consolidated matters to consider whether allegations of negligent credentialing against two healthcare providers are claims that fall within the purview of Louisiana&rsquo;s Medical Malpractice Act (&ldquo;LMMA&rdquo;) or, alternatively, sound in general negligence. For the reasons that follow, we reverse the ruling of the court of appeal and reinstate the trial court&rsquo;s judgment sustaining the hospital defendants&rsquo; exceptions of prematurity. REVERSED. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., additionally concurs and assigns reasons. Weimer, J., concurs and assigns reasons. Hughes, J., dissents with reasons. Genovese, J., dissents and assigns reasons. &nbsp;&nbsp;BY Kirby, J.:<a href="../../opinions/2020/19-0160.C.OPN.pdf">2019-C-00160 STEVE CROOKS AND ERA LEA CROOKS VS. STATE OF LOUISIANA, DEPARTMENT OF NATURAL RESOURCES</a> (Parish of Rapides) We granted certiorari in this class action to determine whether the plaintiffs&rsquo; inverse condemnation claims for compensation against the State of Louisiana have prescribed under La. R.S. 13:5111 and/or 28 U.S.C. &sect; 2501. The lower courts relied on the decision in Cooper v. Louisiana Department of Public Works, 03-1074 (La. App. 3 Cir. 3/3/04), 870 So. 2d 3151, to conclude the one-year prescriptive period for damage to immovable property found in La. C.C. art. 3493 governed and the continuing tort doctrine applied to prevent the running of prescription on the plaintiffs&rsquo; claims. For the reasons that follow, we find the lower courts erred in relying on Cooper and now hold that the three-year prescriptive period for actions for compensation for property taken by the state set forth in La. R. S. 13:5111 governs and the plaintiffs&rsquo; inverse condemnation claims are prescribed. REVERSED IN PART; AFFIRMED IN PART.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Retired Judge Robert Kostelka, appointed as Justice ad hoc, sitting for Justice Genovese, recused. &nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2020/19-0369.K.OPN.pdf">2019-K-00369 STATE OF LOUISIANA VS. CHARLES P. MAYEUX, JR. AKA CHARLES P. MAYEUX</a> (Parish of Avoyelles) We granted this application to consider whether the State&rsquo;s circumstantial case against the defendant is sufficient to support his conviction for second degree murder, La.R.S. 14:30.1. Finding the State presented sufficient evidence for the jury to rationally conclude that defendant killed his wife when he had the specific intent to kill or to inflict great bodily harm, we affirm. AFFIRMED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., additionally concurs and assigns reasons. Genovese, J., dissents and assigns reasons. &nbsp;<a href="../../opinions/2020/19-1515.B.OPN.pdf">2019-B-01515 IN RE: DAVID GARDNER DEBLIEUX </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 David Gardner deBlieux, Louisiana Bar Roll number 29141, be and he hereby is suspended from the practice of law for a period of one year. 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. SUSPENSION IMPOSED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. Crain, J., concurs in part, dissents in part for the reasons assigned by Johnson, C.J. &nbsp;<a href="../../opinions/2020/19-1346.B.OPN.pdf">2019-B-01346 IN RE: DONALD R. DOBBINS</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 Donald R. Dobbins, Louisiana Bar Roll number 20537, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that respondent shall make restitution, with legal interest, in the amount of $2,440 to Linder Smith and in the amount of $2,000 to Patsy Godfrey. 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. SUSPENSION IMPOSED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Weimer, J., concurs in part, dissents in part and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. Crain, J., concurs in part, dissents in part for the reasons assigned by Crichton, J. &nbsp;<a href="../../opinions/2020/18-0950.C_18-0956.C.OPN.pdf">2018-C-00950 C/W 2018-C-00956 W&amp;T OFFSHORE, L.L.C. VS. TEXAS BRINE CORPORATION AND TEXAS BRINE COMPANY, L.L.C. C/W TEXAS BRINE COMPANY, L.L.C. VS. W&amp;T OFFSHORE, L.L.C.</a> (Parish of Lafourche) We granted defendants' application for rehearing in this case on October 15, 2019. After receiving briefing from the parties and reviewing the record of the matter, we recall our order of October 15, 2019, as improvidently granted, and we deny defendants' application for rehearing. REHEARING RECALLED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., dissents. Weimer, J., dissents from the recall of the rehearing grant and assigns reasons. Hughes, J., additionally concurs with reasons. Boddie, J., dissents for the reasons assigned by Weimer, J. &nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td 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&nbsp;20th day of January, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/16O0921.OPN.pdf">2016-O -0921 IN RE: JUDGE DARRYL A. DERBIGNY ORLEANS PARISH CRIMINAL DISTRICT COURT STATE OF LOUISIANA</a>Knoll, J., retired, participated in this decision which was argued prior to her retirement.For the reasons assigned it is ordered that Judge Darryl A. Derbigny reimburse the Criminal Court Judicial Expense Fund $10,002.58.JOHNSON, C.J., additionally concurs and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs in the result. HUGHES, J., dissents with reasons. CRICHTON, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2017/16C0570.OPN.pdf">2016-C -0570 KIMBERLY AND TODD THIBODEAUX, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, GABRIELLE THIBODEAUX v. JAMES F. DONNELL, M.D.</a>&nbsp;(Parish of Terrebonne)Knoll, J, retired, participated in this decision which was argued prior to her retirement.For the reasons set forth below, we reverse the judgment of the court of appeal and remand for the court of appeal to reconsider its awards under the principles set forth in Mart. REVERSED AND REMANDED.WEIMER, J., dissents in part and concurs in part and assigns reasons. JOHNSON, C.J., concurs in part and dissents in part and assigns reasons. GUIDRY, J., concurs and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td 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&nbsp;28th day of January, 2015, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2015/14C1127.opn.pdf">2014-C -1127	MACK ENERGY CO., ET AL. v. EXPERT OIL AND GAS, L.L.C.</a>&nbsp;(Parish of St. Tammany)Retired Judge Hillary J. Crain, Assigned as Justice ad hoc, sitting for Justice Jefferson D. Hughes, III, recused. Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.Accordingly, the rulings of the lower courts, by which the arbitration award is confirmed, are hereby AFFIRMED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2015/14C0969cw14C0973.opn.pdf">2014-C -0969 C/W 2014-C -0973 CRESCENT PROPERTY PARTNERS, L.L.C. v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BISON BUILDING MATERIALS OF TEXAS, INC., ET AL. C/W GREYSTAR DEVELOPMENT AND CONSTRUCTION, LP v. CRESCENT PROPERTY PARTNERS, LLC, BISON BUILDING MATERIALS OF TEXAS, INC., ET AL. C/W BISON BUILDING MATERIALS OF TEXAS, INC., BISTROL FIBERLITE INDUSTRIES, INC., CHAMPION WINDOW, INC., ET AL. v. GREYSTAR DEVELOPMENT AND CONSTRUCTION, LP.</a>&nbsp;(Parish of Orleans)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the reasons set forth above, we find the court of appeal erred in reversing the district court&rsquo;s judgment confirming the arbitration panel&rsquo;s award. Crescent has failed to carry its burden of proving the existence of any of the statutory bases set forth in La. Rev. Stat. 9:4210 mandating vacatur of the arbitration panel&rsquo;s decision. Accordingly, the court of appeal&rsquo;s judgment is reversed, and the district court&rsquo;s judgment confirming the arbitration panel&rsquo;s award is reinstated. REVERSED.JOHNSON, C.J., concurs and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2015/14C1107.opn.pdf">2014-C -1107	MARCUS MILLER v. HAROLD THIBEAUX,LAFAYETTE PARISH SCHOOL BOARD AND AMERICAN ALTERNATIVE INSURANCE CORPORATION</a>&nbsp;(Parish of Lafayette)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the reasons stated herein, we reverse the February 12, 2014 decision of the appellate court and reinstate the district court judgment, which denied the defendants&rsquo; peremptory exceptions raising the objection of no right of action. The matter is remanded to the appellate court for consideration of the appeals filed following the April 16, 2013 district court judgment on the merits, in favor of the plaintiff, Marcus Miller. APPELATE COURT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED.GUIDRY, J., dissents. CLARK, J., dissents with reasons. CRICHTON, J., dissents for reasons assigned by Justice Clark.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/14C1063.pc.pdf">2014-C -1063	MELODY ANN RUSHING OLSON v. KIMMY LEE OLSON</a>&nbsp;(Parish of Ouachita)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Victory, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered. Retired Judge Patrick M. Schott, assigned as Justice ad hoc, sitting for Clark, J., recused.After considering the record, the applicable law, and the oral argument before the court, we have determined that the writ application was improvidently granted. Therefore, we recall the order dated October 3, 2014, granting the writ application. The writ application is hereby deniedCLARK, J., recused. WEIMER, J., dissents and would resolve this matter on the merits. HUGHES, J., dissents and would consider the merits.&nbsp;<a href="/opinions/2015/14B1761.pc.pdf">2014-B -1761	IN RE: JOHN D. CONRY</a>&nbsp;(Disciplinary Board)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Victory, J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of John D. Conry, Louisiana Bar Roll number 29807, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent shall make restitution to his victims, including his clients, the Louisiana State Bar Association&rsquo;s Client Assistance Fund, and all other third parties. 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.CRICHTON, J., additionally concurs and assigns reasons.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td 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&nbsp;19th day of January, 2011, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2011/10CA0671.opn.pdf">2010-CA-0671	DEER ENTERPRISES, LLC, A LOUISIANA LIABILITY COMPANY v. PARISH COUNCIL OF WASHINGTON PARISH</a>&nbsp;(Parish of Washington)Accordingly, plaintiff&rsquo;s constitutional challenge to the amendment fails. The judgment of the trial court is reversed. REVERSED.WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2011/10C0193.opn.pdf">2010-C -0193	RED STICK STUDIO DEVELOPMENT, L.L.C. v. STATE OF LOUISIANA BY AND THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT; STATE OF LOUISIANA BY AND THROUGH THE DIVISION OF ADMINISTRATION; &amp; STATE OF LOUISIANA BY AND THROUGH THE OFFICE OF ENTERTAINMENT INDUSTRIES DEVELOPMENT</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Based on the legislative history, and considering the language of the statute, we hold that Section 3 (C) of Act 456 means that a grandfathered project, such as the one submitted by Red Stick, is only entitled to forty percent tax credits on expenditures incurred by January 1, 2010.&nbsp; REVERSED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2011/09C2793.opn.pdf">2009-C -2793	EMILE POISSENOT v. ST. BERNARD PARISH SHERIFF'S OFFICE</a> (Office of Workers&rsquo; Compensation District 7)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal granting Mr. Poissenot supplemental earnings benefits, penalties, and attorneys fees is reversed and judgment is rendered in favor of St. Bernard Parish Sheriff&rsquo;s Office. REVERSED AND RENDERED.JOHNSON, J., concurs. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2011/10C0245.opn.pdf">2010-C -0245	KENNETH ARDOIN v. FIRESTONE POLYMERS, LLC</a>&nbsp;(Parish of Calcasieu)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons set forth above, the decision of the appellate court affirming the hearing officer&rsquo;s award of indemnity benefits to the plaintiff is reversed; judgment is rendered in favor of the defendant; and the plaintiff&rsquo;s claims are dismissed with prejudice. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2011/10CC0343.opn.pdf">2010-CC-0343	SHARON SCHULTZ, ET AL. v. JANOS GUOTH, M.D. AND KHALED F. RABIE, M.D.</a>&nbsp;(Parish of Rapides) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, for the reasons set forth above, we reverse the lower courts&rsquo; rulings and render summary judgment in favor of the defendant, dismissing the plaintiff&rsquo;s claims with prejudice. REVERSED AND RENDERED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/09K2406.pc.pdf"></a><a href="/opinions/2011/09K2406.pc.pdf">2009-K -2406	STATE OF LOUISIANA v. EDWARD CHARLES JACKSON</a>&nbsp;(Parish of Rapides) (Armed Robbery and Possession of a Firearm by a Convicted Felon)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Defendant's conviction and sentence for armed robbery are reinstated and affirmed, and this case is remanded to the district court for purposes of execution of sentence.&nbsp; CONVICTION AND SENTENCE FOR POSSESSION OF A FIREARM BY A CONVICTED FELON AFFIRMED; CONVICTION AND SENTENCE FOR ARMED ROBBERY REINSTATED AND AFFIRMED; CASE REMANDED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/09K2723.pc.pdf">2009-K -2723	STATE OF LOUISIANA v. GRADY N. GREENE</a>&nbsp;(Parish of Orleans) (Theft in an amount over $500.00.)Accordingly, the decision below is reversed, the defendant&rsquo;s conviction and sentence are affirmed, and this case is remanded to the district court for purposes of execution of sentence. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2011/10B0419.pc.pdf">2010-B -0419	IN RE: NOLAND JAMES HAMMOND</a>Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of Noland James Hammond, Louisiana Bar Roll number 24116, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent shall make restitution to all clients subject of the formal charges and repay the Louisiana State Bar Association&rsquo;s Client Assistance Fund any amounts paid to claimants on his behalf. 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.&nbsp;<a href="/opinions/2011/10C0425.pc.pdf">2010-C -0425	FRANK TATE v. WOMAN'S HOSPITAL FOUNDATION D/B/A WOMAN'S HOSPITAL</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the court of appeal is reversed insofar as it denies defendant&rsquo;s motion for summary judgment on plaintiff&rsquo;s claim for invasion of privacy. The judgment of the district court granting summary judgment on this claim is reinstated, and plaintiff&rsquo;s suit is dismissed with prejudice. All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2011/10C1044.pc.pdf">2010-C -1044	ELLIS HARGRAVE v. STATE OF LOUISIANA, THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>For the reasons assigned, the judgment of the court of appeal reducing Ellis Hargrave&rsquo;s weekly indemnity benefits from $424.28 to 365.25, and granting an offset to the State of Louisiana, Department of Transportation and Development for amounts overpaid, is affirmed.&nbsp;<a href="/opinions/2011/10KK1340.pc.pdf">2010-KK-1340	STATE OF LOUISIANA v. RUBEN CARTER, ET AL.</a>&nbsp;(Parish of Orleans) (Possession of Stolen Property valued at more than $500.00)The ruling of the trial court is therefore reversed, the motion to suppress evidence is granted, and this case is remanded to the trial court for further proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2011/10B1934.pc.pdf">2010-B -1934	IN RE: MICHAEL WAYNE KELLY</a>Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Michael Wayne Kelly, Louisiana Bar Roll number 23159, be and he hereby is suspended from the practice of law for eighteen months, with all but one year deferred. Following completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for one year, subject to the condition that any misconduct during this period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. 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's judgment until paid.&nbsp;<a href="/opinions/2011/10B1950.pc.pdf">2010-B -1950	IN RE: JEROME W. DIXON</a>Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Jerome W. Dixon, Louisiana Bar Roll number 18587, be and he hereby is suspended from the practice of law for three years, retroactive to June 17, 2009, the date of his interim suspension. 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.CLARK, J., dissent in part with reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinion handed down on the&nbsp;20th day of January, 2010, is as follows:&nbsp;BY CLARK, J.:<a href="/opinions/2010/09CC1193.opn.pdf">2009-CC-1193	STATE OF LOUISIANA v. 2003 INFINITI G35 VIN #JNKCV51E93MO24167 AND KRISTOFOR REBSTOCK</a>&nbsp;(Parish of Lafourche)Retired Judge Moon Landrieu, sitting ad hoc for Weimer, J., recused. Chief Justice Kimball not participating in the opinion.For the reasons stated above, we reverse the district court&rsquo;s ruling and remand to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion handed down on the&nbsp;19th day of January, 2005, is as follows:&nbsp;BY KNOLL, J.:&nbsp; <a href="/opinions/2005/04c0646.opn.pdf">2004-C -0646&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BRENDA SUE CARTER, ET UX. v. GARY STEPHEN HAYGOOD, DDS,&nbsp;ET AL. (Parish of Concordia)</a> For the foregoing reasons, we reverse the court of appeal's judgment and reinstate the district court's judgment in its entirety. REVERSED.KIMBALL, J., dissents in part and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents. &nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;15th day of January, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY CALOGERO, C.J.&nbsp;:<a href="/opinions/2002/01cq1106.opn.pdf">2001-CQ- 1106 AIZENHAWAR (AIZEN) J. MARROGI v. RAY HOWARD AND RAY HOWARD &amp; ASSOCIATES, INC&nbsp;</a>. (United States Courts Of Appeals For The Fifth Circuit) We answer the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;<a href="/opinions/2002/01cc1522.opn.pdf">2001-CC- 1522 JUSTIN BRIAN LENARD, INDIVIDUALLY AND ON BEHALF OF THE SUCCESSION OF NATALIE DIANE LENARD AND SARA BETH LENARD v. ERWIN DILLEY,METRO AMBULANCE SERVICE, INC. &amp; NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, PENNSYLVANIA &nbsp;</a>(Parish of Ouachita) We therefore, remand the matter to the district court for further proceedings. REVERSED; REMANDED TO DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01cc1522.cdk.pdf">KIMBALL, J., concurs and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/01cj2441.opn.pdf">2001-CJ- 2441 STATE OF LOUISIANA IN THE INTEREST OF L.C.B.&nbsp;</a>(Parish of E. Baton Rouge) Therefore, the court's order that L.C.B. be moved to a certified foster home is reversed and the case is remanded to the juvenile court for proceedings not inconsistent with this opinion. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2002/01ka0467.opn.pdf">2001-KA- 0467 STATE OF LOUISIANA v. JOHN A. WEAVER, ET AL ("MULLET CASES")&nbsp;</a>(Parish of St. Bernard) (Various Violations of LSA-R.S. 56:333; Commercial Taking of Mullets) Accordingly we hold that the trial court erred in finding that the penalty under R.S. 56:333(F), providing for a lifetime revocation of a commercial mullet fishing license or permit, is excessive and violative of due process and equal protection. Contrary to the trial court's finding, the harsher punishment is rationally related to the legislature's express purpose of promoting the enhancement of the state's mullet fishery, and therefore, does not amount to an equal protection violation given the capability of commercial fishermen to move large amounts of mullet out of Louisiana waters. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2002/00ka2086.opn.pdf">2000-KA- 2086 STATE OF LOUISIANA v. DANIEL T. IRISH&nbsp;</a>(Parish of Caddo) (First Degree Murder) For the reasons assigned herein and in the unpublished appendix, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in this decision.&nbsp; &nbsp;<a href="/opinions/2002/01cc1182.opn.pdf">2001-CC- 1182 JESSICA ANN ROUGEAU v. HYUNDAI MOTOR AMERICA, ET AL&nbsp;</a>(Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.KNOLL, J., concurs and assigns reasons.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/00k1158.opn.pdf">2000-K- 1158 STATE OF LOUISIANA v. ALLEN MAISE (SENTENCED AS "ALAN MAISE")</a> (Parish of Jefferson) (Aggravated Rape of a Juvenile) For the reasons assigned, the judgment of the lower courts are affirmed. The matter is remanded and the trial court is ordered to notify the defendant of the post conviction deadline. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Associate Justice ProTempore, participating in the decision.<a href="/opinions/2002/00k1158.pfc.pdf">CALOGERO, C.J., dissents&nbsp;and assigns reasons.</a> KIMBALL, J., dissents for reasons assigned by Calogero, C.J. <a href="/opinions/2002/00k1158.bjj.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a> <a href="/opinions/2002/00k1158.jtk.pdf">KNOLL, J., concurs in part&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2002/01c1144.opn.pdf">2001-C- 1144 C/W 2001-C- 1343, 2001-C- 1355, 2001-C- 1360 SUCCESSION OF VIRGINIA FANNALY, MARK AINSWORTH, AND BRETT AINSWORTH v. LAFAYETTE INSURANCE COMPANY&nbsp;, DOYLE BROWN, AND ALLSTATE INSURANCE COMPANY</a> (Parish of Tangipahoa) In conclusion, we find the Lafayette police neither provided liability coverage for Mr. Bown nor UM coverage for the passengers in the Brown automobile. Accordingly, the judgment of the court of appeal is affirmed. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;BY LOBRANO, J.&nbsp;:<a href="/opinions/2002/00ka1529.opn.pdf">2000-KA- 1529 STATE OF LOUISIANA v. ROY BRIDGEWATER&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned, we set aside defendant's first degree murder conviction and death sentence. We hereby modify the jury's verdict of guilty of first degree murder and render a judgment of guilty of second degree murder. La. C.Cr.P. art. 821(E). We remand the case to the district court for sentencing of defendant on the modified judgment to serve life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as provided for in La. R.S. 14:30.1(B).Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/00ka1529.jpv.pdf">VICTORY, J., dissents&nbsp;and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J. KNOLL, J., dissents for reasons assigned by Victory, J.&nbsp; &nbsp;<a href="/opinions/2002/01c1140.opn.pdf">2001-C- 1140 DONNA HILLMAN v.COMM-CARE, INC., COMMUNITY CARE CENTER OF LEESVILLE&nbsp;</a>(Office Of Workers' Compensation District No.02) For the foregoing reasons, the judgments of the lower courts are reversed and this case is dismissed. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c1140.bjj.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/01b1337.pc.pdf">2001-B- 1337 IN RE: HAL J. SCOTT </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is ordered that Hal J. Scott be suspended from the practice of law in Louisiana for a period of thirty-six months, retroactive to September 3, 1999, the date of his interim suspension. 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 the finality of this court's judgment until paid.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;<a href="/opinions/2002/01b2022.pc.pdf">2001-B- 2022 IN RE: DONALD R. DOBBINS </a>(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is ordered that Donald R. Dobbins be suspended from the practice of law for a period of one year. All but six months of the suspension shall be deferred, subject to a one-year period of probation governed by the conditions recommended by the hearing committee. It is further ordered that any misconduct during the probationary period will be grounds for making the deferred period of suspension executory and/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's judgment until paid.&nbsp; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;<a href="/opinions/2002/01b2310.pc.pdf">2001-B- 2310 IN RE: R. NEAL WILKINSON </a>(Disciplinary Proceedings) Upon consideration of the record, briefs and oral argument, it is ordered that R. Neal Wilkinson be suspended from the practice of law for a period of sixty days. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &Acirc;&sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #004</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;12th day of January, 2000, are as follows:&nbsp; &nbsp;BY KNOLL, J.:<a href="/opinions/2000/99cj2905.opn.PDF">1999-CJ- 2905&nbsp;STATE OF LOUISIANA IN THE INTEREST OF J.A., ET AL</a> (Orleans Parish Juvenile Court) For the foregoing reasons, the judgments of the lower courts are vacated and and set aside, and this case is remanded to the juvenile court for a reconsideration of its judgment on the petition for the involuntary termination of parential rights to be held expeditiously and according to the time frame established herein. JUDGMENTS VACATED AND SET ASIDE; CASE REMANDED WITH INSTRUCTIONS FOR EXPEDITIOUS TREATMENT.MARCUS, J., not on panel. See La. S.Ct. Rule IV, Part 2, &sect; 3.&nbsp;&nbsp;</div>
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<div><table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div class="nrbody"><style>.nrbody h1 { display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify;}.nrdate { font-weight:bold;text-decoration:underline;} </style>&nbsp;The Opinions handed down on the 19th day of January, 2024 are as follows:&nbsp;<h1>PER CURIAM:</h1><a href="/opinions/2024/23-0364.B.OPN.pdf">2023-B-00364&nbsp;IN RE: WILLIAM M. MAGEE</a> Public reprimand imposed. See per curiam.Genovese, J., dissents. &nbsp;&nbsp;</div></div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;10th day of January, 2014, is as follows:PER CURIAM: <a href="/opinions/2014/13CA2602.opn.pdf">2013-CA-2602	DEANNE WILLIAMS v. MONROE CITY SCHOOL BOARD</a>&nbsp;(Parish of Ouachita) WEIMER, J., dissents.<div></div>&nbsp;&nbsp;
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*CORRECTED 01/21/09<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td 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&nbsp;21st day of January, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/08C0978.opn.pdf">2008-C -0978&nbsp; SALEDAD TRANCHANT, WIFE OF/AND CHARLES TRANCHANT v. STATE OF LOUISIANA, LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER D/B/A MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS-UNIVERSITY CAMPUS; THOMAS B. FERGUSON, M.D.; WATTS WEBB, M.D. AND CHRISTY ZOLFOGHARY, M.D.</a>&nbsp;(Parish of Orleans)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.&nbsp; For the foregoing reasons, the judgment of the court of appeal is reversed.&nbsp; The judgment of the district court dismissing plaintiffs&rsquo; suit without prejudice is reinstated.&nbsp; REVERSED. SUIT DISMISSED WITHOUT PREJUDICE.&nbsp;JOHNSON, J., dissents.CALOGERO, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08C0946.opn.pdf">2008-C -0946&nbsp; WOMEN'S AND CHILDREN'S HOSPITAL v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS</a>&nbsp;(Parish of E. Baton Rouge)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.&nbsp; For the above reasons, we affirm the decision of the court of appeal. We hold that the 1994 Rule must be applied in this case, and, under the 1994 Rule, WCH is entitled to reimbursement equal to the &ldquo;transitional rate&rdquo; of its actual costs plus 25% of the difference between its actual costs and the peer group rate.&nbsp; AFFIRMED.&nbsp;<a href="/opinions/2009/08O2397.opn.pdf">2008-O -2397&nbsp; IN RE: JUDGE DONALD R. JOHNSON 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA</a>Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.&nbsp;For the reasons stated herein, it is ordered that Judge Donald R. Johnson of the 19th Judicial District Court for the Parish of East Baton Rouge, State of Louisiana, be publicly censured.&nbsp; It is further ordered that Judge Johnson be ordered to reimburse and pay to the Commission the amount of $5,801.89 in hard costs incurred in the investigation and prosecution of his case pursuant to Supreme Court Rule XXIII, Section 22.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2009/08C0762cw08C0770.opn.pdf">2008-C-0762&nbsp;C/W&nbsp;2008-C-0770&nbsp; BELINDA FORBES, INDIVIDUALLY AND AS THE NATURAL TUTRIX AND ADMINISTRATRIX OF THE ESTATE OF HER MINOR CHILD, JOSHUA FORBES v. RODNEY COCKERHAM, STATE OF LOUISIANA, WAYNE SONNIER, PATTERSON INSURANCE COMPANY, EAST BATON ROUGE CITY-PARISH GOVERNMENT AND DIXIE ELECTRIC MEMBERSHIP CORPORATION C/W GEORGE FORBES, INDIVIDUALLY AND AS PARENT AND ADMINISTRATOR OF HIS MINOR CHILD, JOSHUA FORBES v. WADE SONNIER, RODNEY COCKERHAM, STATE OF LOUISIANA, PATTERSON INSURANCE COMPANY, EAST BATON ROUGE CITY-PARISH GOVERNMENT AND DIXIE ELECTRIC MEMBERSHIP CORPORATION</a>(Parish of E. Baton Rouge)Calogero, Chief Justice, retired, participated in this decision, which was argued prior to his retirement.Based on the foregoing, we find the trial court&rsquo;s JNOV supported by the evidence in this case and conclude that reasonable persons could not reach a different result.&nbsp; Consequently, the court of appeal erred in reversing the trial court&rsquo;s judgment which granted the DOTD&rsquo;s motion for JNOV and, alternatively, new trial.&nbsp; So finding, we reinstate the trial court&rsquo;s judgment granting the motion for JNOV in favor of DOTD, finding Mr. Cockerham 100% at fault in causing this accident and Joshua Forbes&rsquo; injuries.&nbsp; REVERSED.JOHNSON, J., dissents and would reinstate the jury verdict.CALOGERO, J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/opinions/2009/08C1073.opn.pdf">2008-C -1073&nbsp; KENNETH JOHN CANNON, JR. v. LENARD BERTRAND, ET AL.</a>&nbsp;(Parish of St. Landry)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.&nbsp;For the reasons given, we reverse and render judgment.&nbsp; REVERSED AND RENDERED&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08K0492.opn.pdf">2008-K -0492&nbsp; STATE OF LOUISIANA v. WALTER R. COX, SR.</a>&nbsp;(Parish of Calcasieu)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.For the foregoing reasons, the decision of the court of appeal is reversed.&nbsp; The jury verdict and sentences are reinstated and the matter is remanded to the court of appeal for consideration of issues pretermitted by the original opinion. REVERSED; JURY VERDICT AND SENTENCES REINSTATED; REMANDED TO THE COURT OF APPEAL.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/07K2306.pc.pdf">2007-K -2306&nbsp; STATE OF LOUISIANA v. KAREN MARIE CALLOWAY</a>&nbsp;(Parish of Terrebonne)Calogero, Chief Justice, retired, participated in the decision which was argued prior to his retirement.Accordingly, the decision of the court of appeal is reversed, defendant&rsquo;s conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of defendant&rsquo;s remaining assignment of error, pretermitted on original appeal, with respect to her claim that her sentence is excessive. DECISION OF COURT OF APPEAL REVERSED; DEFENDANT&rsquo;S CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.JOHNSON, J., dissents and assigns reasons.CALOGERO, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/08KK1002.pc.pdf">2008-KK-1002&nbsp; STATE OF LOUISIANA v. BRANDON WHITE</a>&nbsp;(Parish of Orleans)Calogero, Chief Justice, retired, participated in the decision which was argued prior to his retirement.Accordingly, the Fourth Circuit&rsquo;s order is vacated, the trial court&rsquo;s judgment denying the motion to suppress is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein.&nbsp; COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED; CASE REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2009/08B2293.pc.pdf">2008-B -2293&nbsp; IN RE: WILLIAM E. LEWIS</a>(Disciplinary Proceedings)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that William E. Lewis, Louisiana Bar Roll number 8855, be and he hereby is suspended from the practice of law for two years.&nbsp; It is further ordered that respondent render an accounting to his clients subject of the formal charges and make restitution of any unearned fees.&nbsp; 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.JOHNSON, J., dissents in part, and would impose a shorter period of suspension.&nbsp;<a href="/opinions/2009/08CC1067.pc.pdf">2008-CC-1067&nbsp; GLYNN R. CYPRIEN v. BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM, ET AL.</a>&nbsp;(Parish of Orleans)Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.&nbsp;For the reasons assigned, the judgment of the district court is reversed.&nbsp; Summary judgment is granted in favor of the Board of Supervisors for the University of Louisiana System, Nelson J. Schexnayder, Jr., and Elwood Broussard, dismissing the claims of Glynn R. Cyprien with prejudice.&nbsp; All costs in this matter are assessed against plaintiff.JOHNSON, J., concurs.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td 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&nbsp;17th day of January, 2007, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/06K0255.opn.pdf">2006-K -0255 STATE OF LOUISIANA v. CALVIN LINDSEY</a>&nbsp;(Parish of Iberville) Accordingly, we reverse the judgment of the court of appeal andreinstate defendant's conviction and sentence. The case is remanded to the court of appeal for consideration of defendant's remainingassignment of error. REVERSED. CONVICTION AND SENTENCE REINSTATED. REMANDED TO THE COURT OF APPEAL FOR CONSIDERATION OF THE REMAINING ASSIGNMENT OF ERROR.JOHNSON, J., dissents.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/05C1263.opn.pdf">2005-C -1263 MICHELLE DETRAZ v. VICTOR LEE D/B/A VIRGIN NAILS</a>&nbsp;(Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal is reversed and the case is remanded to the court of appeal to consider the plaintiff's remaining assignments of error. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., additionally concurs with reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2007/06C1104.opn.pdf">2006-C -1104 TONYA A. COLVIN v. LOUISIANA PATIENT&rsquo;S COMPENSATION FUND OVERSIGHT BOARD CONSOLIDATED WITH THOMAS MILLER, ET AL. v. LOUISIANA PATIENT&rsquo;S COMPENSATION FUND OVERSIGHT BOARD</a>&nbsp;(Parish of Bossier) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court&rsquo;s judgment is reinstated. REVERSED. CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., concurs in result only. KNOLL, J., concurs in result only.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/05ka1825.opn.pdf">2005-KA-1825 STATE OF LOUISIANA v. DARRELL D. DRAUGHN</a>&nbsp;(Parish of Caddo) For the reasons assigned herein, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La.C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567 (B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/06ca1899.opn.pdf">2006-CA-1899 EAGLE WATER, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, this matter is remanded to the Commission to determine the appropriate rate increase sought in the application of Eagle Water, Inc. AFFIRMED, IN PART; REVERSED, IN PART; AND REMANDED TO THE LOUISIANA PUBLIC SERVICE COMMISSION.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06B1580.opn.pdf">2006-B- 1580 IN RE: ROBERT J. SHORTESS, JR..</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 the name of Robert Joseph Shortess, Jr., Louisiana Bar Roll No. 22618, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent is ordered to make restitution to his victims and to repay to the Louisiana State Bar Association's Client Assistance Fund any amounts paid to claimants on his behalf. 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's judgment until paid.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td 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 19th day of January, 2006, are as follows:&nbsp;BY CALOGERO, C.J.: <a href="/opinions/2006/05K0213.pdf">2005-K -0213 &nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. RUBEN SOSA</a>&nbsp;(Parish of Jefferson) (Arson With Intent to Defraud) Retired Judge Phillip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball. For these reasons, we reverse the decision of the court of appeal and remand the case to that court for consideration of the assignments oferror pretermitted below.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; JOHNSON, J., dissents and assigns reasons. &nbsp;&nbsp;BY KIMBALL, J.: <a href="/opinions/2006/04KA1312.pdf"></a><a href="/opinions/2006/04KA1312.pdf">2004-KA-1312&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ANTHONY SCOTT</a>&nbsp;(Parish of Assumption) (First Degree Murder) For the reasons assigned, we affirm defendant's conviction for the murders of Lisa Dupuis and Jacqueline Guillot Blanchard. We pretermit review of the penalty phase of defendant's trial and remand to the district court for a hearing in conformity with this opinion to determine whether defendant is mentally retarded. CONVICTION AFFIRMED. CASE REMANDED FOR EVIDENTIARY HEARING CONSISTENT WITH THIS OPINION TO DETERMINE WHETHER DEFENDANT IS MENTALLY RETARDED.&nbsp; CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons. &nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2006/04C2904.pdf">2004-C -2904&nbsp;&nbsp;&nbsp;&nbsp; CLADDIE SAVAGE D/B/A PINEY WOODS GAME CLUB AND ARK-LA-TEX GAME CLUB, INC. v. STEVE PRATOR, SHERIFF OF CADDO PARISH AND THE CADDO PARISH COMMISSION</a>(Parish of Caddo) Accordingly, we reverse the rulings of the lower courts, vacate the preliminary injunction, and remand this case to the trial court for further proceedings not inconsistent with this opinion. REVERSED; INJUNCTION VACATED; REMANDED TO DISTRICT COURT. &nbsp;<a href="/opinions/2006/05CC0069.pdf">2005-CC-0069&nbsp;&nbsp;&nbsp;&nbsp; JESSICA WHARTON, ETC. v. MICHAEL RIDGELL, ET AL.</a>&nbsp;(Parish of Orleans) For the reasons set forth herein, we find that venue is proper in Orleans Parish for this wrongful death action under LSA-R.S. 13:5104(B). Therefore, the judgment of the court of appeal is hereby affirmed, and this case is remanded to the trial court for further proceedings. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons. &nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2006/05CC0390.pdf">2005-CC-0390&nbsp;&nbsp;&nbsp;&nbsp; JEROME AND PAMELA CARTER v. GLEN DUHE, DUHE CONSTRUCTION, INC., CERTAINTEED ROOFING COMPANY, AND JACKSON INSURANCE COMPANY</a>&nbsp;(Parish ofSt. John) Retired Judge Philip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball. For the reasons stated herein, the judgment of the court of appeal is reversed, the judgment of trial court granting exception of no cause ofaction is reinstated, and the case is remanded for the trial court todetermine whether case is perempted considering the allegations contained in the Carter's First Supplemental and Amending Petition filed on January 10, 2005. REVERSED AND REMANDED. JOHNSON, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons. &nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2006/05C0297.pdf">2005-C -0297&nbsp;&nbsp;&nbsp;&nbsp; TERRY LEBLANC AND MICHELLE S. LEBLANC v. GAIL B. AYSENNE AND THE HANOVER INSURANCE COMPANY</a>&nbsp;(Parish of St. Mary) Retired Judge Philip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball. For the reasons set forth above, the judgment of the district court awarding Terry W. LeBanc and Michelle S. LeBlanc $100,000 along with legal interest on that amount from the date of judicial demand until paid is reinstated. JUDGMENT OF THE COURT OF APPEAL REVERSED IN PART AND AFFIRMED IN PART. JUDGMENT OF THE TRIAL COURT REINSTATED.	VICTORY, J., concurs in the results and assigns reasons. WEIMER, J., concurs with the result for the reasons assigned by Victory, J. &nbsp;<a href="/opinions/2006/05O1499.pdf">2005-O -1499&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JUDGE CHARLES ELLOIE&nbsp;</a> (Judiciary Commission of Louisiana) Retired Judge Phillip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball. For the foregoing reasons, it is ordered that Judge Charles Elloie be,and he hereby is, publicly censured for violation of Canons 1 and 2A ofthe Code of Judicial Conduct and La. Const. Art. V, &sect; 25C. Costs of $689.50 incurred in the investigation and prosecution of the case are to be reimbursed by respondent. JOHNSON, J., concurs. &nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2006/05C0002.pdf">2005-C -0002&nbsp;&nbsp;&nbsp;&nbsp; LEON L. GIORGIO, JR. v. ALLIANCE OPERATING CORPORATION, GULFSTREAM RESOURCES, INC., BURLINGTON RESOURCES, ET AL., CHEVRON USA, INC., SUPERIOR OILFIELD SERVICES, INC., STATE OF LOUISIANA THROUGH ITS DEPARTMENT OF NATURAL RESOURCES, LLOYDS UNDERWRITERS AT LLOYDS, ET AL. C/W JACQUES A. SANBORN v. ALLIANCE OPERATING CORPORATION, GULFSTREAMRESOURCES, INC., BURLINGTON RESOURCES, ET AL., CHEVRON USA, INC., SUPERIOR OILFIELD SERVICES, INC., STATE OF LOUISIANA, THROUGH ITS DEPARTMENT OF NATURAL RESOURCES, LLOYDS UNDERWRITERS AT LLOYDS, ET AL.</a>(Parish of Plaquemines) Retired Judge Phillip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Catherine D. Kimball. For the foregoing reasons, we reverse the court of appeal's judgment. REVERSED. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2006/04K3222.pdf">2004-K -3222&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. SYLVESTER TRACKLING</a>&nbsp;(Parish of Orleans) (Attempted Sexual Battery) Retired Judge Phillip C. Ciaccio, sitting ad hoc for Justice Catherine D. Kimball, not on panel. For the reasons assigned, the decision of the court of appeal is reversed. This matter is remanded to the court of appeal for consideration of the defendant's remaining assignments of error. REVERSED AND REMANDED TO THE COURT OF APPEAL.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/03C0492.pdf">2003-C -0492 C/W 2003-C -0502&nbsp;&nbsp;&nbsp;&nbsp; JOSEPH BUJOL, III, ET AL. v. ENTERGY SERVICES, INC., ET AL. C/W DON A. PERKINS, ET AL v. ENTERGY SERVICES, INC., ET AL</a>&nbsp;(Parish of Iberville) ON REHEARING Judge Philip C. Ciaccio, retired, sitting pro tempore, for Justice John L. Weimer, recused. Thus, our original decision reversing the jury verdict in favor of the plaintiffs is reaffirmed. JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #003</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;19th day of January, 2005, are as follows:BY CALOGERO, C.J.:&nbsp;
	 <a href="/opinions/2005/04c0968.opn.pdf">2004-C -0968&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; TERREBONNE PARISH SCHOOL BOARD v. CASTEX ENERGY, INC.&nbsp;SAMSON HYDROCARBONS COMPANY, BOIS D'ARC CORPORATION, FINA OIL &amp; CHEMICAL COMPANY, SAMSON RESOURCES COMPANY</a> (Parish of Terrebonne) We reverse the First Circuit's judgment and its holding that the law and/or the executed contracts in this case impose an implied duty upon Samson and Bois D'Arc to restore the surface of the leased land to its pre-lease condition by backfilling the canals, and we vacate the court of appeal's order compelling specific performance of this ostensible duty. We also find that the language of the contractual assignment to Bois D'Arc did not establish an express duty to restore the surface. Our resolution of these issues obviates the need to consider the defendants' five alternative arguments alluded to earlier, including the argument that the court erred in finding that Samson's attempted assignment to Castex was ineffective. REVERSED AND RENDERED.Judge Thomas C. Wicker, Jr., retired, sitting ad hoc for Associate Justice Chet D. Traylor, recused.KIMBALL, J., dissents for reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2005/04c1086.opn.pdf">2004-C -1086&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LINDA FRITH v. RIVERWOOD, INC.&nbsp;</a>(Office of Workers' Compensation District No. 5) The portion of the court of appeal decision finding that Riverwood is entitled to a credit against its SEB obligation to Ms. Frith for TTD previously paid is reversed and the WCJ judgment on this issue is reinstated. Because we find no manifest error in the WCJ's finding that Riverwood's termination of Ms. Frith's indemnity benefits was arbitrary and capricious, the portion of the court of appeal decision reversing the attorney fee award by the WCJ is also reversed and the WCJ judgment on this issue is reinstated. The judgment is amended to award Ms. Frith $3,000 in attorney fees for appellate work. The portion of the court of appeal decision denying Ms. Frith's claim for PTD is affirmed. REVERSED IN PART; AFFIRMED IN PART; AMENDED.	 VICTORY, J., dissents in part for the reasons assigned by Weimer, J. TRAYLOR, J., dissents in part for reasons assigned by Weimer, J. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/opinions/2005/04ca2147.opn.pdf">2004-CA-2147&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GREATER NEW ORLEANS EXPRESSWAY COMMISSION v. HONORABLE REBECCA M. OLIVIER, JUDGE FIRST PARISH COURT, DIVISION "A" AND HONORABLE GEORGE W. GIACOBBE, JUDGE FIRST PARISH COURT, DIVISION "B"</a> (Parish of Jefferson) The district court's holding that the defendant judges had standing to challenge the constitutionality of La. Rev. Stat. 32:57 is reversed, and its judgment finding the statute unconstitutional and denying the Commission's petition for writ of mandamus is vacated and set aside. In light of our ruling in this case, it becomes unnecessary for the court to decide the constitutional issue at this time. We remand the case to the district court with instructions to find that defendants did not have standing to raise the constitutional issue as a defense, and to permit the litigation to go forward. VACATED, SET ASIDE, AND REMANDED.&nbsp;	 JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.: <a href="/opinions/2005/04c0561.opn.pdf">2004-C -0561&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; NOLAN DELCAMBRE AND PATRICIA DELCAMBRE v. BLOOD SYSTEMS, INC.&nbsp;</a>(Parish of Lafayette) For the above reasons, we conclude that a voluntary blood donor, who is allegedly injured during the process of blood donation by an employee of a community blood bank, is not a "patient" as defined by the Medical Malpractice Act, and therefore, is not required to initially submit his case to a medical review panel because the case is not covered by the Act. Accordingly, we affirm the judgment of the court of appeal reversing the district court's judgment granting BSI's dilatory exception of prematurity, and remand this case to the district court for further proceedings. AFFIRMED AND REMANDED.&nbsp;<a href="/opinions/2005/04ca0882.opn.pdf">2004-CA-0882&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; J. ROBERT WOOLEY IN HIS CAPACITY AS ACTING COMMISSIONER OF INSURANCE, STATE OF LOUISIANA v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, HONORABLE MURPHY J. FOSTER IN HIS CAPICITY AS GOVERNOR OF LOUISIANA, ANNE WISE IN HER CAPACITY AS DIRECTOR OF THE DIVISION OF ADMINISTRATIVE LAW, AND ALLEN REYNOLDS IN HIS CAPACITY AS DIRECTOR OF THE DEPARTMENT OF STATE CIVIL SERVICE</a> (Parish of E. Baton Rouge) For all the reasons discussed above, we find the Commissioner has not satisfied his burden of proving that the legislature's enactment of Act 739 of 1995 and Act 1332 of 1999 is in violation of any constitutional provision. Consequently, the judgment of the district court declaring these Acts unconstitutional, null and void in their entirety is reversed, vacated, and set aside. The judgment of the district court declaring the decision and order of the ALJ null and void on the ground that it was rendered by an entity without constitutional authority is similarly reversed, vacated, and set aside. The judgment of the district court granting permanent injunctive relief on various grounds in favor of the Commissioner is reversed, vacated, and set aside. The case in remanded to the court of appeal for further proceedings consistent with this opinion. REVERSED IN PART, VACATED IN PART, SET ASIDE IN PART; AND REMANDED TO THE COURT OF APPEAL.JOHNSON, J., concurs. WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2005/03cc3211.opn.pdf">2003-CC-3211&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GERALD CHAMPAGNE, SR. v. SHARONDA L. WARD, INDEPENDENT FIRE INSURANCE COMPANY AND SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY</a> (Parish of Orleans) For the reasons set forth herein, we reverse the lower courts' determinations that Louisiana law automatically applies to automobile accidents occurring in Louisiana. Under a choice-of-law analysis pursuant to La.C.C. arts. 3515 and 3537, we hold that Mississippi law applies. REVERSED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2005/04kk1197.opn.pdf">2004-KK-1197&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DEONTA GRAY AND JONTA GRAY&nbsp;</a>(Parish of Orleans) (Attempted Second Degree Murder) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment denying the defendant's motion to suppress is reinstated. The matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED. CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., concurs in the result and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2005/01ka2730.opn.pdf">2001-KA-2730&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. CLARENCE HARRIS&nbsp;</a>(Parish of Orleans) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and sentence of death are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La. R. S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2005/04ca0227.opn.pdf">2004-CA-0227&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LOUISIANA MUNICIPAL ASSOCIATION, THE PARISH OF JEFFERSON, LOUISIANA, ET AL. v. THE STATE OF LOUISIANA AND THE FIREFIGHTERS' RETIREMENT SYSTEM&nbsp;</a>(Parish of E. Baton Rouge) Based on the foregoing analysis, this court finds that there is no conflict between the provisions of La. R.S. 11:103 and La. R.S. 11:2262(D)(1); that there has been no improper delegation of legislative authority to the PRSAC in La. R.S. 11:103 and La. R.S. 11:104; that Act 645 of 1991, Act 397 of 1991 and &sect;2 of Act 1160 of 2001 do not violate La. Const. art. 10, &sect;29(E)(5); that Acts 792 and 1293 of 1997 do not violate La. Const. art 10, Section 29(E)(3) and (4); and that La.R.S. 11:103 and La. R.S. 11:104 are constitutional both facially and as applied to the Firefighters' Retirement System. So finding, the district court's judgment is affirmed in part and reversed in part, and the permanent injunction enjoining the Firefighters' Retirement System from collecting an amount in excess of nine percent from any employer whose employees are members of the Firefighters' Retirement System is hereby lifted. AFFIRMED IN PART; REVERSED IN PART; PERMANENT INJUNCTION LIFTED.Retired Judge Walter I. Lanier, Jr., assigned as Justice ad hoc, sitting in place of Associate Justice Bernette J. Johnson, recused.CALOGERO, C.J., concurs and assigns reasons. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons. LANIER, J., ad hoc, concurs in part, dissents in part, and assigns reasons.&nbsp;BY KNOLL, J.:<a href="/opinions/2005/03ca0732.opn.pdf">2003-CA-0732&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNWIRED TELECOM CORP., FORMERLY KNOWN AS UNWIRED, INC. AND SUCCESSOR IN INTEREST BY MERGER TO MERCURY CELLULAR TELEPHONE COMPANY v. PARISH OF CALCASIEU, LOUISIANA; THE CALCASIEU PARISH SCHOOL BOARD; THE CALCASIEU PARISH POLICE JURY; THE CALCASIEU PARISH SCHOOL BOARD SYSTEM; THE TREASURER OF THE CALCASIEU PARISH SCHOOL BOARD; AND THE TREASURER'S DESIGNATED AGENTS, INCLUDING RUFUS R. FRUGE, JR., IN HIS CAPACITY AS DIRECTOR OF THE CALCASIEU PARISH SCHOOL SYSTEM, SALES AND USE TAX DEPARTMENT</a> (Parish of Calcasieu) ON REHEARINGFor the foregoing reasons, we reverse the lower courts' judgment regarding the assessment of interest, penalties and attorney fees and remand to the district court for a determination of the precise amount of sales and use taxes, interest, penalties and attorney fees owed by Unwired Telecom Corp. consistent with this opinion and the views expressed in&nbsp;Anthony Crane Rental, L.P. v. Fruge&nbsp;, 03-0115 (La. 10/21/03), 859 So. 2d 631. In all other respects we affirm the judgment of the Court of Appeal, Third Circuit. COURT OF APPEAL JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED TO THE DISTRICT COURT.KIMBALL, J., dissents and assigns reasons. JOHNSON, J., concurs. WEIMER, J., concurs in the result.&nbsp;<a href="/opinions/2005/04c0589.opn.pdf">2004-C- 0589&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PETER DRISCOLL, M.D. v. FRED J. STUCKER, M.D., ET AL&nbsp;</a>(Parish of Caddo) For the foregoing reasons, we reverse the lower courts' judgments as to the individual liability of Dr. Stucker. In all other respects, we affirm the judgments of the Court of Appeal, Second Circuit, and the First Judicial District Court. AFFIRMED IN PART; REVERSED IN PART.JOHNSON, J., dissents. VICTORY, J., dissents. TRAYLOR, J., dissents.&nbsp;<a href="/opinions/2005/04ca2477.opn.pdf">2004-CA-2477&nbsp;C/W 2004-CA-2523&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; FORUM FOR EQUALITY PAC,&nbsp;A REGISTERED LOUISIANA POLITICAL ACTION COMMITTEE, LOUISIANA LOG CABIN REPUBLICANS, AN UNINCORPORATED LOUISIANA ASSOCIATION, LAURENCE E. BEST, JEANNE M. LEBLANC, GERALD W. THIBODEAUX, WILLIAM A. SCHULTZ AND JULIE A. JACOBS v. THE HONORABLE W. FOX MCKEITHEN, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF LOUISIANA ONLY, AND NOT INDIVIDUALLY, AND CITY OF NEW ORLEANS</a> (Parish of E. Baton Rouge) For the foregoing reasons, we reverse the district court's declaration of unconstitutionality and find La. Const. art. XII, &sect;15 constitutional. We further dissolve the stay. REVERSED.CALOGERO, C.J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2005/04ka0559.opn.pdf">2004-KA-0559&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. TINA THOMAS&nbsp;</a>(Parish of Jefferson) (Crime Against Nature) For these reasons, we reverse the trial court's granting of defendant's motion to quash and we remand this matter to the trial court for further proceedings. REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons.&nbsp;<a href="/opinions/2005/04cc0703.opn.pdf">2004-CC-0703&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PATRICK R. CHERON v. LCS CORRECTIONS SERVICES, INC.,&nbsp;AND THE STATE OFLOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS ANDWARDEN GARY COPES</a> (Parish of E. Baton Rouge) For the foregoing reasons, the decision of the court of appeal denying the Department's application for writ of certiorari is affirmed. AFFIRMED.&nbsp;<a href="/opinions/2005/04cc0744.opn.pdf">2004-CC-0744&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SHARON DAILEY v. HELEN TRAVIS, IN HER CAPACITY AS ASSISTANT WARDEN&nbsp;OF LOUISIANA CORRECTIONAL INSTITUTE FOR WOMEN, JOHNNIE JONES IN HER CAPACITY AS WARDEN OF LOUISIANA CORRECTIONAL INSTITUTE OF WOMEN, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, AND ABC INSURANCE COMPANY</a> (Parish of Iberville) For reasons assigned in this matter, as well as the discussion in Cheron v. LCS Corrections Services, Inc., the decision of the court of appeal denying the Department's application for writ of certiorari is affirmed. AFFIRMED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2005/04b0680.opn.pdf">2004-B -0680&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MICHAEL G. RIEHLMANN</a> (Disciplinary Proceedings) 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 Michael G. Riehlmann, Louisiana Bar Roll number 2072, be publicly reprimanded. 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's judgment until paid.&nbsp;	 VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2005/04b2361.opn.pdf">2004-B- 2361&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: HANY A. ZOHDY</a> (Disciplinary Proceedings) 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 Hany A. Zohdy, Louisiana Bar Roll number 21409, be suspended from the practice of law in Louisiana for a period of three years. It is further ordered that one year of the suspension shall be deferred, subject to the condition that any future misconduct 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's judgment until paid.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents.&nbsp;&nbsp;</div>
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&nbsp;<div style="text-align:justify;">The Opinion(s) handed down on the&nbsp;7th day of January, 2000, are as follows:&nbsp; &nbsp;BY KIMBALL, J.:<a href="/opinions/99c0761.opn.pdf">1999-C- 0761 SUCCESSION OF JOSEPH PAGE BOYTER&nbsp;</a>(Parish of Caddo) The court of appeal erred in not applying La. R.S. 9:2501 (1996) to Mr. Boyter's succession and its judgment is therefore reversed. We find the testament is governed by the law in effect on December 31, 1995. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.LEMMON, J., not on panel. Rule IV, Part 2, &sect;3.<a href="/opinions/99c0761.wfm.pdf">MARCUS, J., dissents and assigns reasons. </a><a href="/opinions/99c0761.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Justice Marcus.&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #002</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Per Curiam handed down on the&nbsp;8th day of January, 2010, is as follows:&nbsp;PER CURIAM:<a href="/opinions/2010/09B1560.opn.pdf">2009-B -1560 IN RE: CRAIG HUNTER KING</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Craig Hunter King, Louisiana Bar Roll number 19945, be and he hereby is disbarred, retroactive to June 26, 2007, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, ' 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. KNOLL, J., concurs in result. GUIDRY, J., concurs and assigns additional reasons. JONES, J., dissents and assigns reasons.&nbsp;
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #002</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;14th day of January, 2003, are as follows:&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/02c1401.opn.pdf">2002-C- 1401 ROBERT J. MCGUIRE v. NEW ORLEANS CITY PARK IMPROVEMENT ASSOCIATION&nbsp;AND ABC INSURANCE COMPANY</a> (Parish of Orleans)&nbsp; For the aforementioned reasons, we find the jury and the court of appeal's ruling manifestly erroneous, for City Park did not breach a duty owed to this plaintiff. Therefore City Park is not liable for the plaintiff's injuries. In view of this finding we pretermit discussion and consideration of the remaining elements. Accordingly, we reverse the judgment of the trial jury and the court of appeal and render judgment in favor of City Park, against the plaintiff, dismissing his suit.&nbsp; REVERSED.&nbsp;&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/01k2548.opn.pdf">2001-K- 2548 STATE OF LOUISIANA v. DALE P. BISHOP&nbsp;</a>(Parish of Ouachita)&nbsp; (Attempted Second Degree Murder)&nbsp; For the reasons stated herein, the judgment of the court of appeal is reversed and defendant's conviction and sentence for attempted second degree murder are reinstated.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02c0978.opn.pdf">2002-C- 0978 PATRICIA RICHARD, ON BEHALF OF EDNA DEVILLE v. LOUISIANA EXTENDED CARE CENTERS,&nbsp;INC.</a> (Parish of St. Landry)&nbsp; For the reasons expressed herein, the judgment of the court of appeal is affirmed in part and remanded to the trial court for a determination of whether plaintiff's allegations of negligence against the defendant are medical malpractice claims under Louisiana law.&nbsp; AFFIRMED IN PART; REMANDED.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/01ka1638.opn.pdf">2001-KA- 1638 STATE OF LOUISIANA v. MICHAEL TAYLOR&nbsp;</a>(Parish of Desoto)&nbsp; (First Degree Murder)&nbsp; For the reasons assigned herein and in the unpublished appendix, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. C.Cr. P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. &sect;15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. &sect;15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts.&nbsp; AFFIRMED.&nbsp;&nbsp;BY: KNOLL, J.:<a href="/opinions/2003/02c0439.opn.pdf">2002-C- 0439 MICHAEL J. FONTENOT v. REDDELL VIDRINE WATER DISTRICT&nbsp;, ET AL. &nbsp;C/W&nbsp;
 2002-C- 0442 KENNETH HAYNES v. WILLIAMS FENCE AND ALUMINUM C/W&nbsp; 2002-C- 0478 KENNETH HAYNES v. WILLIAMS FENCE AND ALUMINUM (Office Of Workers' Compensation, District 2)</a>&nbsp; For the foregoing reasons, we affirm the appellate court's decisions in&nbsp;Fontenot v. Reddell Vidrine Water Dist.&nbsp;, 2001-0762 (La. App. 3 Cir. 1/9/02), 815 So. 2d 895 and&nbsp;Haynes v. Williams Fence and Aluminum&nbsp;, 2001-0026 (La. App. 3 Cir. 1/9/02), 805 So. 2d 233 which allowed multiple penalties under LA. REV. STAT. ANN. Sec. 23:1201(F) for multiple violations regarding the payment of compensation and medical benefit claims. However, we reverse the appellate court's decision considered by us in&nbsp;Haynes v. Williams Fence and Aluminum&nbsp;, 2002-0478 (La. 4/26/02), 813 So. 2d 1096, on Williams's discontinuance of vocational rehabilitation services and remand that aspect of this case for consideration by the appellate court of Haynes's claim for attorneys' fees.&nbsp; 2002-C-0439, AFFIRMED.&nbsp; 2002-C-0442, AFFIRMED.&nbsp; 2002-C-0478, REVERSED AND REMANDED.&nbsp;VICTORY, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2003/00ka0602.opn.pdf">2000-KA- 0602 STATE OF LOUISIANA v. ANTOINE WATTS&nbsp;</a>(Parish of Tangipahoa)&nbsp; (First Degree Murder)&nbsp; CONVICTION AND SENTENCE VACATED; CASE REMANDED FOR NEW TRIAL.&nbsp; VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02ca1367.opn.pdf">2002-CA- 1367 GARY L. RING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED v. STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT&nbsp;AND THE DIVISION OF WEIGHTS AND STANDARDS</a> (Parish of E. Baton Rouge)&nbsp; For the foregoing reasons, we vacate and set aside the judgments of the district court granting plaintiff's motion for partial summary judgment and second motion for partial summary judgment.&nbsp; This case is remanded to the district court for further proceedings consistent with this opinion and the reasons expressed therein.&nbsp; JUDGMENTS VACATED AND CASE REMANDED.&nbsp;&nbsp;&nbsp;BY LANIER, J., AD HOC:&nbsp;<a href="/opinions/2003/01k2574.opn.pdf">2001-K- 2574 STATE OF LOUISIANA v. DONALD K. SMITH&nbsp;</a>(Parish of E. Baton&nbsp;Rouge)&nbsp; Retired Judge Walter I. Lanier, Jr., assigned as Associate Justice Ad Hoc, sitting for Chief Justice Pascal F. Calogero, Jr., recused.&nbsp;For the foregoing reasons, the decision of the court of appeal is reversed and the sentence imposed by the trial court is reinstated.&nbsp; REVERSED AND RENDERED.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/01k0785.pc.pdf">2001-K- 0785 STATE OF LOUISIANA v. IRVIN BROOKS&nbsp;</a>(Parish of Jefferson)&nbsp; (Distribution of Cocaine; Three Counts)&nbsp; Accordingly, the trial court did not err in allowing the jury to view videotapes properly admitted into evidence during their deliberations. We therefore reverse the decision below and remand this case to the court of appeal for consideration of respondent's remaining assignments of error pretermitted on original appeal.&nbsp; JUDGMENT REVERSED; CASE REMANDED TO COURT OF APPEAL.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;<a href="/opinions/2003/01kk3231.pc.pdf">2001-KK- 3231 STATE OF LOUISIANA v. ALISHIA ADAMS&nbsp;</a>(Parish of Orleans)&nbsp; (Possession of Cocaine)&nbsp; We therefore reverse the ruling of the trial court and remand this case to the court for further proceedings consistent with the view expressed herein.&nbsp;&nbsp;<a href="/opinions/2003/02b1289.pc.pdf">2002-B- 1289 IN RE: JOSLYN RENEE ALEX&nbsp;</a> (Disciplinary Proceedings)&nbsp; 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 Joslyn Renee Alex be suspended from the practice of law for a period of thirteen months. This suspension shall be fully deferred, and respondent shall be placed on supervised probation for a period of two years subject to the conditions recommended by the disciplinary board. Any violation of the conditions of probation or any other 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's judgment until paid.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02b2163.pc.pdf">2002-B- 2163 IN RE: ANTOINE Z. LAURENT&nbsp;</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Antoine Z. Laurent be suspended from the practice of law in Louisiana for a period of six months. This suspension shall be deferred in full and respondent shall be placed on probation for a period of two years, subject to the conditions set forth in this opinion. All costs and expenses in this 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 the finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="100%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #001</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> &nbsp;<div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> &nbsp; The Opinions handed down on the 7th day of January, 2022 are as follows: <h1>BY Weimer, C.J.:</h1><a href="/opinions/2022/21-1453.CD.OPN.pdf">2021-CD-01453 THERESA NELSON, ET AL. VS. OCHSNER LAFAYETTE GENERAL</a> (Parish of Lafayette) Affirmed. <a href="/opinions/2022/21-1601.CC.OPN.pdf">2021-CC-01601 JASON HAYES, ET AL. VS. UNIVERSITY HEALTH SHREVEPORT, LLC D/B/A OCHSNER LSU HEALTH SHREVEPORT AND OCHSNER LSU HEALTH SHREVEPORT - ST. MARY MEDICAL CENTER, LLC</a> (Parish of Caddo) Reversed; Trial court judgment reinstated.  </div>
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