FOR IMMEDIATE NEWS RELEASE  

NEWS RELEASE # 080

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 19th day of October, 2004 , are as follows:

BY KIMBALL, J. :

2004- C-0181       LAURA E. TRUNK v. MEDICAL CENTER OF LOUISIANA

AT NEW ORLEANS, STATE OF LOUISIANA, LOUISIANA HEALTH CARE AUTHORITY, JOHN DOE AND ABC INSURANCE COMPANY (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.

2004- C-0337       EVERETT KING v. PARISH NATIONAL BANK, JAMES

VENEZIA, WENDELL FORNEA, JAMES A. MORSE, SCOGGIN & ASSOCIATES, STEVE W. SCOGGIN AND A.R. BLOSSMAN, III, ABC INSURANCE COMPANY AND XYZ INSURANCE COMPANY (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 & 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.

BY VICTORY, J .:

2003- C-3521       ALBERT J. AVENAL, JR., ET AL. v. THE STATE OF

LOUISIANA AND THE DEPARTMENT OF NATURAL RESOURCES (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.

BY TRAYLOR, J. :

2003- K-3542       STATE OF LOUISIANA v. JOHNNY L. JONES (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.

BY KNOLL, J. :

2003-KA-1982       STATE OF LOUISIANA v. JEREMIAH D. MANNING (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. §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.

BY WEIMER, J. :

2003- K-2993      STATE OF LOUISIANA v. MICHAEL A. JOHNSON (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.

PER CURIAM :

2004- B-0019       IN RE: JOHN V. LAWRENCE

(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, §10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.

2004- B-0827       IN RE: NEIL P. LEVITH

(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,§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.

2004- B-0881       IN RE: CARL W. CLEVELAND

(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, §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.