FOR IMMEDIATE
NEWS RELEASE
NEWS
RELEASE # 89
FROM:
CLERK OF SUPREME COURT OF LOUISIANA
The
Opinions handed down on the 1st day of December,
2004 , are as follows:
BY
CALOGERO, C.J. :
2004-C
-0451 VAYNEARY WILLIAMSON
v. HOSPITAL SERVICE DISTRICT
NO. 1 OF JEFFERSON 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.
BY
KIMBALL, J. :
2003-K
-3522 STATE OF LOUISIANA
v. ARTHUR MAJOR, III (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.
BY
VICTORY, J. :
2004-KA-0846
STATE OF LOUISIANA v.
SHANTELL DENSON (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.
2004-C
-1058 TAMEKO BENJAMIN,
ON BEHALF OF HER MINOR CHILD,
DARIONE BENJAMIN v. HOUSING AUTHORITY OF NEW ORLEANS
(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. JOHNSON,
J., dissents.
BY
TRAYLOR, J. :
2004-CD-0857
WARREN W. HOAG, JR., ET AL v. STATE OF LOUISIANA
(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.
BY
WEIMER, J. :
2004-C
-0794 STEVE PRATOR, SHERIFF
OF CADDO PARISH, LOUISIANA
v.
CADDO PARISH (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.
PER
CURIAM :
2004-B -0170 IN RE: JOHN
CHRISTOPHER MARTIN
(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, §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.
2004-KP-0575
STATE EX REL JIMMY RAY
WILLIAMS v. STATE OF
LOUISIANA (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.
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