Bodenheimer Pleads Guilty, Agrees to Testify

The Times-Picayune reports that former 24th JDC District Judge Ronald Bodenheimer pleaded guilty to federal charges (drug conspiracy, mail fraud, and mail fraud conspiracy) and has agreed to become a government witness in an extensive investigation into corruption in the Jefferson Parish judiciary. "Under a plea agreement with prosecutors, Bodenheimer faces three years, six months in prison. U.S. District Judge Ginger Berrigan set July 9 for sentencing. Bodenheimer remains under house arrest." U.S. Attorney Jim Letten said Bodenheimer's plea "represents not the conclusion of our investigation, but the beginning."

nola.com Weblog

nola.com, which provides news and classifieds from The Times-Picayune, has launched its own weblog, titled NOLA View. It it even has the obligatory blogroll. Impressive.

Brown Resigns

Jim Brown has resigned from his position as Louisiana Insurance Commissioner, according to this report by The Times-Picayune. "In a statement issued through his attorney, Brown said his resignation would be effective at noon Friday."

Jim Brown's Second Writ Denied

Suspended Insurance Commissioner Jim Brown had his second appeal to the United States Supreme Court rejected today, reports WAFB. "The high court's decision makes Brown's felony conviction final and it clears the way for Brown's removal from office." Check here to see Brown's first-hand perspective on his time in the federal pen.

Former Illinois Governor Ryan to Speak at Loyola

The Loyola University School of Law Gillis Long Poverty Law Center presents the 2003 Distinguished Speaker, Governor George Ryan. Based on this search, it appears that Governor Ryan has been making his rounds on the speaking circuit.

Monday, March 31, 2003 at 6:30 p.m.
Frederick Gisevius Moot Court Room 308
Loyola Law School
7214 St. Charles Avenue
New Orleans, LA 70118

This event is free and open to the public.
For more information, call Fran, (504) 861-5746.

A "Primer" on Passing Legislation in Louisiana

The Advertiser provides a short course on what it takes to move an idea into the Louisiana lawbooks. "Scratching backs, begging, reasoning, threatening, filtering, cajoling and wining and dining — but not lying."

Dock Board Law Fees Examined

The American Press reports on the Lake Charles Dock Board's receipt of a bill from Baton Rouge-based firm Taylor, Porter, Brooks & Phillips*. "The American Press asked in public records requests earlier this month for all billings from the Baton Rouge law firm and a copy of the firm's contract with the Dock Board."

Attorney Files Ethics Complaint Against Catahoula Sheriff

The Town Talk reports that Paul Lemke, who practices in Harrisburg, has filed an ethics complaint against Catahoula Parish Sheriff Ronnie Book. The complaint alleges that Book's relative, Pat Book, was a part owner of B&B Commissary, which officially supplied the jail from July 2001 until January 31 of this year. "Lemke became involved with the jail commissary when [an inmate] asked him to investigate the commissary after purchase prices soared in a short period of time."

Federal Rules Amendments.

SCOTUSBlog reports that Chief Justice Rehnquist transmitted amendments to Congress regarding the Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy, Federal Rules of Civil Procedure, and Federal Rules of Evidence. How Appealing notes that changes to the amendments of the Federal Rules of Appellate Procedure are negligible, however, anyone dealing with class action procedures should check out the amendments to Federal Rules of Civil Procedure.

Lafayette Parish School Board Ready to Prove Deseg Case

The Advertiser reports that the Lafayette Parish Schoolboard wants to be free of court oversight in its 37-year old desegregation lawsuit and will file for unitary status next week. "The report will be presented to U.S. District Judge Richard Haik to review, and he will rule on whether the school district can be released from federal oversight."

Assistant DA Resigns After DWI Indictment

The News-Star reports that Cyrus Frazier, III, assistant district attorney for the 37th JDC in Caldwell Parish, was indicted on Thursday for a felony count of third offense DWI. "He came in Tuesday morning, we talked about it, and he tendered his resignation," said Illey Evans, 37th JDC DA, on Thursday afternoon.

Plaquemines Parish Courthouse Commission Postpones Decision

The Times-Picayune reports that the Plaquemines Parish Courthouse Commission postponed their decision regarding where it will ask voters to build a new parish courthouse to replace the one that burned down in January 2002. There appears to be support for all three options (Port Sulphur, Pointe a la Hache, and Cedar Grove, so the decision to postpone was made in order to develop more information about the proposed sites.

Foster Considers Joining anti-French Bandwagon

Not to be outdone by boy wonder, Governor Foster indicated that he is considering withdrawing the state's invitation to French President Jacques Chirac to attend the December 20 closing ceremonies of the Louisiana Purchase Bicentennial celebration, reports The Times-Picayune.

"People are really fed up with France," Foster said on his [Thursday afternoon radio] show. "We have good relationships with the French people. They must have slipped up and elected somebody who doesn't like us."

In other news, little Tommy successfully petitioned his mother to revoke Johnny Smith's invitation to Tommy's birthday party after Johnny wouldn't let him play with his new football.

EBR DA Seeks Reinstatement of Charges Against Odom

The Times-Picayune reports that EBR prosecutors were at the First Circuit Court of Appeal asking the court to restore charges tossed out by 19th JDC Judge Don Johnson, who has thrown out part or all of the 10 counts of alleged wrongdoing against Odom. "One of the key issues discussed Thursday is whether Odom can be charged with felony theft for having agriculture department staff work on his personal projects while being paid by the state."

Sabine River Authority Asks for Review of Audit

The Town Talk reports that Sabine River Authority commissioners took no action in response to the audit recently released by the state legislative auditor. Rather, commissioners are awaiting further word from Sabine District Attorney Don Burkett or State Attorney General Richard Ieyoub.

Several board members, backed by applauding audience members, said it's already clear they need to take action on one audit finding: Ask former Executive Director Linda Curtis-Sparks to return a $117,500 payment given to her in January as part of a settlement agreement reached Dec. 30.

Senate Judiciary Approves Owen's Nomination

How Appealing reports that the Senate Judiciary Committee has approved the nomination of Priscilla R. Owen to the Fifth Circuit today.

High School Students Have Sex in Class, Parents Sue

"The parents of a high-school boy who say their son had oral sex with a 14-year-old girl in biology class while a teacher was present have filed suit, alleging teacher negligence," reports The Town Talk. The lawsuit alleges that the teacher was engrossed with her computer and was not watching the class and that her lack of supervision contributed to the event. The Beauregard Parish Schoolboard is a named defendant in the case.

Alexandria Lawyer Faces US Senate Confirmation Today

The Town Talk reports that Alexandria lawyer Dee Drell will go before the United States Judiciary Committee in Washington, D.C. this afternoon for confirmation as a United States District Judge for the Western District of Louisiana. "If confirmed, Drell will fill the slot being vacated by Judge F.A. Little Jr., who took senior judge status last April." The United States Department of Justice Office of Legal Policy page on Mr. Drell can be accessed here.

Mansfield Businessman Admits Widespread Fraud

The Times reports that a Mansfield businessman who developed and managed hundreds of apartment complexes throughout Louisiana and the rest of the South admitted to bilking the government out of millions of dollars. Riemer Calhoun, Jr., a 66-year-old millionaire, plead guilty to two counts of wire fraud and to one count of conspiracy to commit equity skimming. His agreement requires him to pay a $1 million dollar fine and to serve a possible 10-year prison sentence.

Calhoun used two different schemes to defraud government agencies and various investors throughout the country of $2.5 million, Flanagan said. Some of those investors also stand to lose money if the Internal Revenue Service disallows tax credits they received through Calhoun's fraudulent business practices.

Wiretap Evidence Admitted in Jefferson Courthouse Corruption Case

The Times-Picayune reports that United States District Judge Ginger Berrigan refused to strike months of secret wiretap recordings that prosecutors are using against former state Judge Ronald Bodenheimer and others. "There are only two options left for Mr. Bodenheimer: Prepare for trial, or renew negotiations for a plea agreement with the government," said criminal defense attorney Vinny Mosca. "The ruling is likely to have a strong impact beyond Bodenheimer's drug case, experts said, safeguarding the government use of the wiretaps in other elements of the 3½-year-old federal investigation into corruption at the Gretna courthouse."

Welcome How Appealing Readers

Mr. Bashman has picked an excellent time to share a slice of the Louisiana life with his readership. Louisiana has made national headlines for its connection with the Washington-area snipers, a serial killer, hurricanes, West Nile Virus, LSU's hiring/firing of Steven Hatfill, and most recently, as the childhood home of the United States soldier accused of attacking his own. Not to be outdone by itself, however, one of our state representatives has just announced plans to file a bill in the upcoming legislative session that will revoke the invitation of French President Jacques Chirac to join in Louisiana's Bicentennial Celebration of the Louisiana Purchase later this year. Thankfully, some state officials recognize that international relations is not an area that our state legislature should wade into with such haste.

Although Louisiana has an innate ability to embarrass itself in front of the nation and the world, it is our home. Visitors will find warm welcomes, unmatched cuisine and a sportsman's paradise. It is an honor for Naked Ownership to provide a portal into a subset of Louisiana's most famous commodities - law and politics. Although the site is still under construction, we hope that you will find it interesting enough to look around and pass on to those that might have an interest in Louisiana's legal scene. And for those that have never had the opportunity to visit New Orleans, you might want to check out the Fifth Circuit Appellate Practice and Advocacy Seminar to be held in the Big Easy next month. Finally, please feel free to leave any questions or comments about the site, travel tips, or that crazy Louisiana Civil Code.

14th JDC Judge Expects Sheriff to Provide Courthouse Security

The American Press reports that Chief Judge David Painter, of the 14th JDC, said Tuesday that he has told Calcasieu Parish Sheriff Beth Lundy that all of the 14th JDC judges feel that the sheriff is required to provide security at the parish courthouse. The opinion is in response to indications from the sheriff's office that it might need to reduce the number of security officers because of budget restraints.

Shreveport to Payback Bond Funds

The Times reports that the Shreveport City Council has approved Mayor Keith Hightower's plan to partially reimburse a park bond fund that was used to buy land for a downtown convention center. The land and bond funds have been the subject of controversy as a result of the council's approval of the Deja Vu strip club. The apparent mingling of bond funds is now the focus of the state legislative auditor. Of the $958,000 used to purchase land for the convention center, $700,00 has already been reimbursed. The council approved the Mayor's plan to pay back the remainder from a hotel bond fund.

Family Sues Baton Rouge Zoo

The Advocate reports that Randy Svara has filed suit against the Baton Rouge Zoo after his family's trip to the petting zoo turned into a struggle with a cow. "While at the petting barn, the cow grabbed his son's arm with its mouth and pulled the child's arm through the fence, the suit says." It is further alleged that the child's speech patterns and sleep have been affected by the incident.

NOLA Court Halts Wal-Mart Project

The court-appointed curator for Arlene Meraux has succeeded in getting all work on a proposed Wal-Mart Super Center in Chalmette suspended until an April 8 hearing, reports The Times-Picayune. "The order is the latest development in the public struggle to control the Meraux estate. Meraux, 80, is in declining health and was ruled by a court in August to be unable to tend to her affairs because of chronic senile dementia." The Wal-Mart project is now involved in the dispute regarding the management of her health and wealth because it is unclear who owns the land where the store is to be built: J&A Meraux, Inc. or the Joseph and Arlene Meraux Charitable Foundation.

New Chief Assigned to FBI's Louisiana Operations

The Times-Picayune reports that the FBI has named a new head for its Louisiana operations. Louis Reigel III will take over duties for departing Special Agent in Charge, Kenneth Kaiser. "Reigel said Tuesday that it has been a dream of his to head an FBI office. In New Orleans, his focus will be on counterterrorism and to continue Kaiser's efforts to root out political corruption."

Legislature Already Beginning Asinine Antics

WBRZ reports that State Representative Almond Crowe (R-Slidell) has drafted a resolution to rescind Louisiana's invitation to French President Jacques Chirac to join President Bush at a ceremony to mark the bicentennial of the Louisiana Purchase. This will get about as far as renaming the Vieux Carre as the Freedom Quarter.

Louisiana Online Business Directory?

The Advertiser reports that UL Lafayette and the state Department of Economic Development unveiled "what they hope will be a key tool for economic development in Louisiana." The Louisiana Commerce Exchange System (LACES) is the first online directory of state-wide business and lists more than 80,000 manufacturing companies. The article does not mention a URL for the site, but this appears to be it.

Sabine River Authority Cited by Legislative Auditor

The legislative auditor has issued a report citing ten allegations of improper conduct by the Sabine River Authority, reports The Times. Allegations include improper payments totaling $117,500 to the former executive director, Linda Curtis-Sparks, failure to comply with state law in contracting professional services and failure to follow the bid process when purchasing furniture and fixtures. The article provides an brief chart/summary of the audit at the bottom of the web page.

Shreveport Council to Discuss Bond Funds

The Times reports that the Shreveport City Council is debating on whether or not to return 1996 bond money to a fund that was intended to create a riverfront park, but was instead used to purchase land for the convention center. The legislative auditor revealed last week that it is investigating the use of the funds, which have become a hot topic as a result of the Deja Vu strip club zoning and permitting fiasco. The council has maintained that it did nothing wrong with the funds and one councilman has questioned this proposal as nothing more than a way to avoid the impression of impropriety.

New Parish Seat to be Considered in Plaquemines

The Times-Picayune reports that the Plaquemines Parish Courthouse Commission will hold a public meeting on Wednesday to consider alternate sites for rebuilding the parish courthouse that burned in January 2002. Prior to the fire, parish voters narrowly rejected a proposal to move the government parish seat to the west bank of the Mississippi. Since the fire, three alternate sites have been promoted: (1) Port Sulphur; (2) Cedar Grove; and (3) Pointe a la Hache. "Roe said the public is encouraged to attend to hear the presentations, but the meeting is not intended to become a public debate about the proposed sites. "

Sheriff Harry Lee may Disband Traffic Unit

Jefferson Parish Sheriff Harry Lee has taken a bold step in admitting that his approach to improving traffic safety for the last few years is not working, reports The Times-Picayune. In mid-1998 Lee declared war on bad drivers and developed a motorcycle traffic division that has written nearly 100,000 tickets per year. Fatal accidents, however, have increased significantly since the implementation of the program. Although most large departments throughout the country have traffic units, the downside is that other officers begin to think that traffic work is not their responsibility. No doubt, the National Motorists Association will be glad to hear this news.

Copeland Implicated in Custody Conspiracy

The Times-Picayune reports that Phil Demma, a Jefferson Parish juvenile services officer, has implicated Al Copeland in the effort to rig Copeland's child custody case in court. Nonetheless, Demma "has grown to be a thorn in the side of both prosecutors and defense attorneys" as he has hired three separate attorneys in the past year and also engaged in questionable private conversations with co-defendants subsequent to his plea-bargain. Copeland's attorney, Jack Martzell, said "I don't believe he will be indicted, but that and 75 cents will get you a cup of coffee."

Opinions From Louisiana Board of Ethics

Opinions recently rendered by the Louisiana Board of Ethics can be found at the following links:

January
February
March

The Loyola Law School Health

The Loyola Law School Health Care Law Society, the Dean and law faculty are hosting a presentation on tort reform by Donald Palmisano, M.D., J.D., President-Elect of the American Medical Association. The presentation will be on Friday March, 28, 2003 at 3:00 p.m. in the Board Room of Greenville Hall. A reception will follow.

This should be a fascinating presentation in light of recent federal efforts to establish a national tort reform program. See here for a link to a Times-Picayune article discussing the possible effect of such legislation in Louisiana. Further, this NPR story probes the link between big jury awards, rising malpractice premiums and interest rates.

Lake Charles Longshoremen Drink on the Job

The American Press reports that the Lake Charles Dock Board, which has been under intense scrutiny of late, permits longshoremen to drink at the dock since their union has released the port of any liability that might result from the drinking. Lake Charles port employees are not permitted to drink. According to the article, both the Dock Board and the longshoremen take full advantage of their abilities to drink at the dock.

In other news, the port also removed a port-a-potty. Seriously.

News Coverage Focuses on War

The state newspapers are obviously focusing resources on the war in the Middle East. As a result, the offerings around Naked Ownership have been slim for the last few days.

Donaldsonville Mayor's Hiring of Assistant Deemed Illegal by AG

The Advocate reports on yet another dispute between Donaldsonville Mayor Raymond Jacobs and the City Commission Council. In the current dispute, the state Attorney General agreed with Donaldsonville City Attorney Chuck Long's opinion that Jacobs hiring of an administrative assistant was improper because he failed to gain council approval to adjust the budget. Long says the action is sufficient cause for removal of office, however, Jacobs seems unconcerned about such a result. "Jacobs said his next step would be to meet with Long, look over exactly what his request was to the Attorney General's Office and then send his own response to Ieyoub."

Panel Seeks Tougher DWI Laws

The Times reports that the State DWI Task Force agreed to recommend legislation to raise the minimum age for entering a bar from 18 to 21. Nonetheless, they recognize that passing the measure will not be easy.

Clerks of Court Convention in Monroe

The News-Star reports that clerks of court from across the state will meet in Monroe this week for the Louisiana Clerks of Court Association Annual Convention. Hopefully, they will be discussing electronic access to docket information, etc.

NOLA DA Visited by Brooklyn Prosecutor

The Times-Picayune reports that NOLA District Attorney Eddie Jordan's Brooklyn counterpart was in New Orleans Wednesday for an informal lecture and pep talk on how his office fights crime by trying to prevent it. Jordan hopes to model many of the successful programs implemented in New York, including the assignment of prosecutors to certain areas of New Orleans, so they can work closer with police as well as residents.

Port Bills

The Port of Lake Charles has been under intense scrutiny in the last month after a former dock member resigned on February 10 alleging fiscal mismanagement at the port. The American Press has been on the case and today offers several stories regarding the board and its spending habits. This article provides a brief background on the commissioners. The next few articles cover the boards' spending habits:

- Officials Run Up Big Bills
- Port officials throw $38,000 party
- Port officials' eats add up: $50,000 paid over 3 years

Horseshoe Casino to Settle State Dispute for $7.4 Million

The Horseshoe Casino has agreed to pay the State $7.4 million to settle charges that its owner, Jack Binion engaged in "extraordinary and inappropriate" business practices, reports The Times. "With the casino agreeing to the sanction, the state Gaming Control Board voted unanimously to grant it an unconditional license that will come up for another five-year renewal on Nov. 22, 2004." The article provides a concise summary of the agreement.

Gubernatorial Candidates Consider Appointed Judges

The Advocate reports that the Louisiana Organization for Judicial Excellence sponsored a forum for the State's gubernatorial candidates yesterday. "Four of the 12 governor candidates showed up for a luncheon to discuss a plan to use citizens, civic groups and attorneys to nominate judges, with the governor making the final selections." The article reports that the candidates were relatively cold to the idea of appointed judges.

Meraux Estate Dispute Continues

The Times-Picayune reports on the on-going public battle to control the estate of New Orleans land baroness Arlene Meraux, who is 80-years-old and unable to care for her own affairs. The latest squabble concerns the designation of Meraux's niece as under-curator. Meraux's court-appointed curator is challenging the niece by claiming that she "forged a document making her and her husband members of the charitable foundation that will control Meraux's fortune after her death."

Louisiana First Circuit Opinions

Here are the most recent opinions as of today 3/18/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1292
Full Opinion [pdf]
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In this wrongful death and survival action, plantiffs Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendants Craig Lewis, individually and D/B/A Craig Lewis Sate Farm Agency peremptory exception raising the objection of prescription/peremption. Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0573
Full Opinion [pdf]
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In this appeal the plaintiff challenges the trial court's grant of attorney's fees in favor of the defendant. Affirmed In Part, Reversed In Part.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 002CA0575
Full Opinion [pdf]
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This case presents an issue of res nova in this circuit as to whether a political subdivision may be vicariously liable for negligence of an employee driving a vechicle owned by the political subdivision regardless of whether the employee acted with the course and scope of her employment from a judgement finding the political subdivision liable pursant to a theory of respondent superior, the political subdivision has appealed. Reversed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0583
Full Opinion [pdf]
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The plaintiff has appealed the trial court's denial of the motion to set aside an earlier judgement of dissmissal in favor of the defendant. Appeal Dismissed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0835
Full Opinion [pdf]
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This appeal arises from the rial court's dismissal of the majority of an action for real estate commessions aganist the landlord(s) on numerous leases of immovable property. Reversed And Remanded.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0933
Full Opinion [pdf]
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This appeal has been brought pursant to the trial court's certification of a summary judgement as a final partial judgement under La. C.C.P. art.1915.
For the following reasons, we find onour de novo review that the trial court erred in certifying the partial summary judgement as a final judgement. As, a result this court lacks subject matter jurisdiction.
Appeal Dismissed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0937
Full Opinion [pdf]
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This is a workers' compensation case where TETRA appeal a judgement granting Ronald Boquet permanent total disability benefits. Reversed, Remanded with Instructions.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0992
Full Opinion [pdf]
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In this workers comprnsation action the claimant appeals from the judgement sustaining a aperemptory exception raising the objection of prescription and dismissing his claim for workers' compemsation benefits. Affirms In Part, Reverses In Part, Remands.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0548
Full Opinion [pdf]
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The issue raised on appeal in this succession case are whether the trial court erred in granting summary judgement on the issue of the reasonableness of a contigency fee contract and in denying summary judgement on the issue of the excessiveness of the contract. Reversed In Part, Affirmed In Part, And Remanded.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1178
Full Opinion [pdf]
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In case Zodiac Development and American Emploters Insurance Company, appeal a judgement overruling exceptions raising the objections of lack of personal jurisdiction over nonresident, Shamma, and improper venue. Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1477
Full Opinion [pdf]
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The defendant, Bradley Graham wascharged with attenpted second degree murder, armed robbery, attempetd aggravated rape; aggravated sexual battery, second degree kidnapping and eight counts of aggravated oral sexual battery. He pled not guilty and waived his right to a jury and was found guilty by a judge. Convictions, Habitual Offinder Adjudication And Sentences Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CU2131
Full Opinion [pdf]
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This is an action by a father in opposition to the planned relocation of his eleven-year-old daughter. The mother now appeals from an order of the trial court precluding the daughter from relocating with her mother outside an area of family support.

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Date - 2/26/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CW2235
Full Opinion [pdf]
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This issue before the court in this writ application is whether an employer may be considered the claimant under LSA-R.S. 1310.4 and choose the situs of the necessary hearings. Writ granted and made premptory;Remanded with order.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1006
Full Opinion [pdf]
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Thw defNDnt, Russell Millien pled not gilty to a charge of theft of property. Following a jury trial he was convicted. He twice moved for a mistrial and a new trial but was denied. Hissentence was to be consecutively served. He appeals designating three assignments of error. Conviction Reversed and Modified; Sentence Vacated; Remanded for Resentencing.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1259
Full Opinion [pdf]
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Mr. Philip Foster was cahrged with one count of conspiracy to commit malfeasance, one count of conspiracy to commit monry laundering and (count two)
one count of conspiracy to commit money laundering.
The defendant pled not guilty to all counts. Affirmed.

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Date - 3/5/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1268
Full Opinion [pdf]
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The defendant, Jerry L. Hayes, was charged by bill of information with theft. He pled not guilty and was found guilty by a jury. Affirmed

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1269
Full Opinion [pdf]
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The defendant Timothy Booker was charged by a grand jury with murder. He pled not guilty. Following a jury trial he was convicted as charged. Conviction And Sentence Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1344
Full Opinion [pdf]
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The defendant, Eric P. Hamilton was originally chargd with posession of cocaine, he pled not guilty. The state later amended the charge to posession with intent to distribute. The defendant entered a plea of not guilty to the amended charge and was found guilty by a jury. Convictions And Sentence Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA1144
Full Opinion [pdf]
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In this workers' compensaation case matter the defendants, Cippriani's Restaurant and its insurer LRASIF, appeal a ruling in favor of Cleo Davis for workers' compensation. Affirmed.

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Louisiana Fifth Circuit Opinions

Here are the most recent opinions as of 3/13/03 from the Louisiana Fifth Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-230
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
JOSEPH J. SANDOVAL
The defendant, Joseph Sandoval, was convicted of one count of distributing heroin and one count of possession with intent to distribute heroin, violations of LSA-R.S. 40:966(A), and he was sentenced to the statutorily mandated sentence of life imprisonment without benefit of probation or suspension of sentence on each count, to be served concurrently.1 The defendant now appeals.
The defendant contends that the State’s evidence presented at trial is legally insufficient to support his convictions for possession with intent to distribute heroin and distribution of heroin. The State responds that it proved beyond a reasonable doubt that the defendant committed these offenses.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1115
Full Opinion [pdf]
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DONALD ROVIRA and JULIE ROVIRA VERSUS
DR. GEORGE BYRAM, JR.
The plaintiffs appeal a summary judgment that dismissed their medical malpractice suit against the defendant. We affirm. At age 29 Donald Rovira suffered from avascular necrosis of both hips and underwent surgery for bilateral femoral bone grafts in April 1992. The surgery was performed by Dr. George Byram, Jr. The bone grafts failed; as a result, Mr. Rovira had to have total hip replacement surgery on the right side in August 1992 and on the left side in March 1993.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Corporate/Tax/Intellectual Property
Docket Number - 02-CA-698
Full Opinion [pdf]
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CHARLES YUSPEH, JULIE Y. BENSON, JOEL Y. ASHNER AND WALLACE MURPHY VERSUS
HANSEN E. KOCH, DAVID E. KOCH, CERTIFIED SECURITY SYSTEMS, INC., CSS ACQUISITION, L.L.C., AND MICHAEL
DITCHARO
Defendants, Hansen and David Koch, appeal a jury verdict in favor of plaintiffs, Charles Yuspeh, Wallace Murphy, and other minority shareholders in Certified Security Systems, Inc. (CSS), a closely held corporation in the commercial and home alarm system business. The plaintiff minority shareholders sued the Koch brothers, the majority shareholders, for the value of plaintiffs’ stock in CSS, following a cash out or Afreeze out@ merger that was approved by the majority shareholders in December of 1997. The minority shareholders alleged that the merger was accomplished by breach of fiduciary duty and fraud.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA, Torts and Personal Injury
Docket Number - 02-CA-713
Full Opinion [pdf]
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ROBERT ANDREW BOURGEOIS, ET AL.
VERSUS A.P. GREEN INDUSTRIES, ET AL.
This suit is a class action by current and former employees of Avondale Industries, Inc., who allege they were exposed to asbestos while employed at Avondale. Plaintiffs have not manifested any physical illness or disease related to asbestos.1 They seek establishment of a judicially-administered medical monitoring fund and counseling program.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 02-CA-864
Full Opinion [pdf]
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JOHN LAPEYROUSE VERSUS
EAST BANK CONSOLIDATED FIRE DEPARTMENT
The Plaintiff, John Lapeyrouse, appeals from a workers’ compensation judgment dismissing his case against the Defendant, East Bank Consolidated Fire Department a/k/a Jefferson Parish Fire Department, for supplemental earnings benefits, penalties and attorney’s fees. We affirm.
The case went to trial on December 27, 2001. In a judgment issued on February 15, 2002, the workers’ compensation judge found that the Plaintiff retired in February of 1999, and thus he is not entitled to SEB’s. The workers’ compensation judge further concluded that the Defendant was not arbitrary and capricious in terminating the Plaintiff’s benefits.
On appeal, the Plaintiff argues that the workers’ compensation judge erred in finding that he is not entitled to SEBs. The Plaintiff argues that the issue at trial should not have been his retirement, but whether he could return to work as a firefighter.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 02-CA-904
Full Opinion [pdf]
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GERRYLEIGH K. GALEANO VERSUS
TACO BELL CORPORATION
In this workers’ compensation suit, the employer appeals the judgment finding that the employee met her burden of proving a workrelated accident and that the employee had not made fraudulent statements in order to obtain benefits. The employee appeals the finding that she is not entitled to compensation benefits after July 29, 2000. For the following reasons, we affirm the workers’ compensation judge’s ruling in part and reverse in part.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations
Docket Number - 02-CA-999
Full Opinion [pdf]
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INVESTORS BANK & TRUST COMPANY VERSUS
SEA PACK INTERNATIONAL, INC., ET AL
Appellant/third party plaintiff, James E. Shields, Sr. (Shields), filed an incidental action seeking indemnity and/or contribution from Joseph Caldarera (Caldarera), a co-defendant in the original action, following Shields’s payment of $30,000.00 to plaintiffs. In the original action, filed in 1989, original plaintiff, Investors Bank & Trust,1 sued Shields and Caldarera on an obligation for a promissory note guaranteed by Shields and Caldarera, among others.2 On the promissory note’s indebtedness, judgment was rendered against Shields on January 25, 1993, and against Caldarera on June 30, 1997. The 1997 judgment declared that Caldarera and Shields were liable in solido. Caldarera moved for a new trial, which was granted.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1029
Full Opinion [pdf]
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GLORIA MORRIS VERSUS
WESTSIDE TRANSIT LINE AND/OR AMERICAN TRANSIT CORP.
This is an appeal from a judgment of the trial court granting defendants’ exceptions of prescription. For the reasons stated herein, we affirm.
Facts and Procedural History
Plaintiff, Gloria Morris, injured her left leg on July 22, 1998 when she fell at a bus stop
on Lapalco Blvd. in Jefferson Parish. She filed the instant suit for damages on September 14,
1998 against Westside Transit Line and American Transit Corporation, alleging that the bus stop
was under the care, custody and control of defendants. On December 2, 1998, ATC/Vancom
Management Services Limited Partnership (“ATC/Vancom”) filed an answer to this petition,
stating that plaintiff had improperly named them as Westside Transit Line and American Transit
Corporation.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1049
Full Opinion [pdf]
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ELAINE DOUCET, ET AL VERSUS
HUFFINE ROOFING AND CONSTRUCTION, ET AL
This is an appeal from a grant of a defense motion for summary judgment. The issue on appeal is whether a policy of liability insurance issued by State Farm Insurance Company to its insured, Plateo & Silcio Architects (Plateo & Silcio), applies to the negligence of the insured in this case.
This matter began as a class action suit by certain plaintiffs who allege they sustained injuries due to exposure to toxic fumes at L.W. Higgins High School during the repair and replacement of the building roof.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1080
Full Opinion [pdf]
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SANDRA CHRISTIANA VERSUS
DR. STEPHEN SUDDERTH and EAST JEFFERSON GENERAL HOSPITAL FOUNDATION d/b/a EAST JEFFERSON GENERAL HOSPITAL
Plaintiff appeals the granting of a summary judgment that dismissed one of the defendants in this medical malpractice suit. We reverse and remand. On September 11, 1997 Sandra Christiana underwent surgery for removal of a twisted section of bowel. The surgery was performed by Dr. Stephen Sudderth at East Jefferson General Hospital (hereafter “EJGH”). Dr. Sudderth removed the damaged section of bowel and joined the remaining ends by creation of a side-toside anastomosis (essentially, a bypass in the bowel). During this procedure Dr. Sudderth used two surgical staplers, a GIA stapler and a TA 55 stapler.1

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA, Torts and Personal Injury
Docket Number - 02-CA-1116
Full Opinion [pdf]
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ROGER NICKS VERSUS
AX REINFORCEMENT COMPANY and LOUISIANA WORKERS’ COMPENSATION CORPORATION
In this intentional tort suit, Plaintiff, Roger Nicks, appeals from a summary judgment granted in favor of Defendants, his employer, AX Reinforcement Company (AX), and its insurer, Louisiana Workers’ Compensation Corporation. For the reasons which follow, we affirm.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 02-CA-1104
Full Opinion [pdf]
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HENRIK A. LARSEN VERSUS
ANNA MERIA POLK
This is an appeal by Anna Meria Polk, the mother of a minor child, from a judgment 1) holding her in contempt for violating a previously issued judgment of child support and visitation, and 2) granting the petition of the Henrik Larson, the father, to grant him sole custody and relocate the child to Sugar Land, Texas, a suburb of Houston. For the following reasons, we affirm that judgment.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations
Docket Number - 02-CA-1129
Full Opinion [pdf]
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BYRON T. DASPIT VERSUS
LARRY A. TALBERT D/B/A PROGIX OR PROGIX, INC.
On July 26, 2000, Byron T. Daspit (“Daspit”) executed a written lease for commercial property located at 2240 Piedmont St., Suite A, Kenner, Louisiana. The lease lists Daspit as lessor and PROGIX as lessee. The lease was signed by Daspit as lessor and Larry A. Talbert (“Talbert”) as lessee. The lease expired on July 25, 2001. After the expiration of the lease, the business remained in the premises and paid rent on a month to month basis until December 26, 2001. The business continued to occupy the premises but did not pay rent for December 2001 through May 2002. Daspit sent written notices to Talbert regarding the violations of the lease agreement.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1127
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS RUBIN BELL
The St. James Parish Grand Jury returned an indictment charging defendant, Rubin Bell, with first degree murder of Keith Williams which occurred on April 6, 2000, LSA-R.S. 14:30. The state subsequently amended the indictment to charge defendant with second degree murder, a violation of LSA-R.S. 14:30.1. This matter proceeded to trial before a twelve person jury which found defendant guilty as charged. The trial judge, after listening to victim impact statements and reviewing a pre-sentence report, sentenced defendant to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence.
In his first assigned error, defendant argues that the trial court erred in denying his motion for mistrial when the state solicited testimony from a witness about defendant’s involvement in an unrelated crime. In his second assigned error, defendant contends that he was denied effective assistance of counsel.

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-908
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
TERRENCE J. JONES
Defendant, Terrence J. Jones, appeals his conviction by a jury of second degree murder in violation of LSA-R.S. 14:30.1. On appeal, he makes the following Assignments of Error:
1. It was reversible error to permit the State to introduce to the jury the multiple out-of-court statements by James Artberry, the sole eye-witness to the shooting.
2. The trial court improperly restricted appellant’s crossexamination of a key State witness.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1008
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
JOHN DAVIS
On June 7, 2000, the Jefferson Parish District Attorney filed a bill of information charging defendant, John Davis, with possession of cocaine, in violation of La. R.S. 40:967C. Defendant was arraigned on June 9, 2000, and pled not guilty. On December 15, 2000, the trial court heard and denied defendant’s motion to suppress evidence. That same day, trial commenced. Also that day, the six-person jury found the defendant guilty as charged.
On April 20, 2001, defendant filed a motion to quash the habitual offender bill of information, which the trial judge heard and denied on June 1, 2001. That same day, the trial court held the habitual offender hearing and found that defendant is a third felony offender. The trial judge then vacated defendant’s original sentence and imposed an enhanced sentence of 20 years at hard labor, Because the trial judge deviated from the life sentence, which is the minimum mandatory sentence, required by the Habitual Offender Law, the State objected to the sentence as illegally lenient.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1009
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
KAREN TERRASE
The Defendant, Karen Terrase, appeals from her conviction of theft of over $500 and sentence as a habitual offender to five years imprisonment at hard labor. We conditionally affirm the conviction and finding as a second felony offender, vacate the enhanced sentence, and remand for evidentiary hearing, re-sentencing, amendment of commitments and notice.
Based on the foregoing, we will remand for an evidentiary hearing on the question of whether the Defendant in this case validly waived her right to a jury trial. If she did not, the trial judge must set aside the conviction and sentence. If she did, then the trial judge should rule that she did and this Court affirms the conviction and enhanced sentence. In this last instance, we reserve the Defendant’s right to appeal the adverse ruling of the waiver issued.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1016
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
DAIMON WILLIAMS
In this case, defense counsel argued that defendant was on suicide watch, was taking Thorazine, had disciplinary problems, and had been “locked down.” He failed, however, to introduce evidence in support of these allegations. He did not subpoena or call witnesses to testify regarding defendant’s alleged incompetency and he failed to introduce medical records to support his contentions. Based on the foregoing, we find, as in Washington, that the trial court did not err in denying defendant’s motion to appoint a sanity commission. Accordingly, this assignment of error lacks merit.
In this case, the prosecutor's remarks during rebuttal closing argument were not a reference to another crime by defendant. It is important to remember that defense counsel’s main argument against convicting defendant of cocaine possession was that Michael Williams, defendant’s nephew, testified at trial that the drugs belonged to him. During rebuttal, the prosecutor was arguing that Michael Williams admitted the drugs belonged to him in order to protect his uncle.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1047
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS MATT W. SCHIEFFLER
At issue in defendant’s second appeal is whether defendant’s sentence was excessive and whether the trial court erred in denying his motion to reconsider the sentence. He contends that the trial court did not adequately consider the factors set forth in La. Code Cr. P. art. 894.1, when imposing the maximum sentence.

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1048
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS BRAD HARRIS
In brief to this Court, defendant asserts the trial court erred in denying his Motion to Reconsider Sentence and in imposing the maximum sentence of fifty
years. The Eighth Amendment to the United States Constitution and Article I, Section 20 of the Louisiana Constitution prohibit the imposition of excessive punishment.

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1051
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS RAYMOND BROOKS, JR. (SENThis is defendant’s second appeal in this Court. On January 29, 2002, this Court affirmed defendant’s conviction for possession of cocaine, but vacated his enhanced life sentence as a third felony offender and remanded for a rehearing of the multiple offender proceeding. State v. Brooks, 01-864 (La. App. 5 Cir. 1/29/02), 807 So.2d 1090.TENCED AS “RAYMOND J. BROOKS”)

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1063
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS TROY TAYLOR
On April 16, 2001, a St. John Parish grand jury indicted the defendant, Troy Taylor, for the second degree kidnapping and attempted second degree murder of Secondra Johnson, in violation of LSA-R.S. 14:44.1 and 14:27:30.1. The defendant was arraigned on May 2, 2001 and entered a plea of not guilty. On May 21, 2001, the defendant filed a motion for mental examination and appointment of sanity commission, which was granted. After being evaluated by the courtappointed doctors, the defendant was found competent to stand trial on June 27, 2001.
Based on the foregoing, we find that the defendant was not prejudiced by defense counsel’s failure to file a motion to suppress, because even if the defendant’s statement had been suppressed, it is doubtful that it would have changed the outcome of the trial.

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1067
http://www.lsba.org/opinions/5thCourt_Files/02ka1067.pdf
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STATE OF LOUISIANA
VERSUS MARIO A. MARSHALL
Defendant, Mario A. Marshall, appeals his conviction of possession of cocaine with intent to distribute. On appeal, he assigns four errors:
1. The State did not prove beyond a reasonable doubt that appellant possessed the cocaine that was found at 3401 Edenborn Ave., Apt. 304, Metairie, Louisiana.
2. The State further did not prove beyond a reasonable doubt that the Appellant intended to distribute the cocaine found at said apartment.
3. The trial court committed reversible error by admitting evidence of other crimes pursuant to L.S.A.C.E. 404.
4. The trial court gave appellant an excessive sentence.

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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1068
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS SILAS ANTOINE
Here, the trial judge specifically found the prosecutor was in good faith when she referred to Stephen Roy’s testimony in her opening statement. The trial court’s determination regarding the good faith of the prosecutor is entitled to great weight. On appeal, we will not disturb that finding absent abuse of discretion.

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1087
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS PAUL C. LOKEY
The Defendant, Paul C. Lokey, appeals from the sentence after conviction of one count of driving while intoxicated (DWI), fourth offense. We conditionally affirm the conviction, vacate the sentence and remand for evidentiary hearing and resentencing, if appropriate. On appeal, the Defendant does not challenge his conviction, but only claims that his ten-year sentence is illegal based on the 2001 amendment to La.R.S. 14:98E(1)(a) and State v. Mayeux, 01-3195 (La.6/21/02), 820 So.2d 526. He is correct. The State also agrees that the sentence is illegal.

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LA Attorney General Opinions

Summaries of Attorney General opinions released from March 10 through March 14 are provided compliments of the the Louisiana Attorney General's Office. Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

#02-0283A
Addresses issues concerning the statutory authority of LASFAC in promulgating rules implementing the Tuition Opportunity Program for Students (TOPS). (Whitney)
Op to Mr. Jack L. Guinn, Office of Student Financial Assistance, Baton Rouge, LA
Date Released: March 12, 2003

#03-0065
Funeral homes which offer refrigeration services as an alternative to embalming may not hold a body, even if it is refrigerated, for more than thirty hours without embalming. (Pitman)
Op to Honorable Daniel T. Flavin, State Representative, Lake Charles, LA
Date Released: March 14, 2003

#03-0090
According to the General Records Retention Schedule for the clerk of court, set by the Archives & Records Management Department of the Secretary of State, traffic summons shall be held for three years from the date of issuance, and DWI records shall be held for ten years from their date of issuance. (Braud)
Op to Maurice B. Friedman, Judicial Administrator’s Office, New Orleans, LA
Date Released: March 14, 2003

#03-0050
A constable who does not perform his duties at the direction of the Justice of the Peace can be reported to the District Attorney for possible malfeasance. (Rutledge)
Op to Mr. A.J. Montalbano, Justice of the Peace, Lacombe, LA
Date Released: March 14, 2003

#03-0028
La. Const. (1974) Art. 7, '14(B)(2) expressly authorizes contributions of public funds to pension and insurance programs for the benefit of public employees; therefore, contributing public funds for this purpose does not violate La. Const. (1974) Art. 7, '14. (Halligan)
Op to Mr. Robert J. Clouatre, Ascension Parish School Board, Donaldsonville, LA
Date Released: March 14, 2003

#03-0035
Discrimination on the basis of familial status in the sale or rental of housing is unlawful
unless it may designated housing for older persons. (Rutledge)
Op to Hon. Jennifer Sneed, State Representative, District 81, Metairie, LA
Date Released: March 14, 2003

#03-0007
Citations for violations under La. R.S. 56:326 F (1) should be given when the dealer timely provides the required information and the enforcement officer’s investigation produces probable cause to believe that the dealer’s information is false or not in conformity with La. R.S. 56:326 F (2). Further, boiled crabs should not be checked for violations of this statute. (Perry)
Op to Mr. Jerald Horst, Louisiana Seafood Industry Advisory Board, Metairie, Louisiana Date Released: March 14, 2003

#03-0066
There is no violation of dual officeholding then both positions are held in the executive
branch of government and one is full-time but the other is part-time. (Rutledge)
Op to Ms. Susan S. Pellegrin, Department of Transportation, Baton Rouge, LA
Date Released: March 14, 2003

#03-0032
There are three separate and independent school districts within East Baton Rouge ParishCviz., the East Baton Rouge Parish School District, the City of Baker School District, and the City of Zachary School DistrictCthe territorial area of each of which is mutually exclusive of the others. Likewise, it is our opinion that each of these three school districts has its own EFI District, whose territorial boundaries are coterminous with its school district. When any of these EFI Districts submits a tax proposal to the voters, only the voters of that particular EFI DistrictCand not any of the voters of the other two EFI DistrictsCmay vote on the tax proposal. Of course, if any EFI District=s tax proposal receives the approval of its voters, its tax proposal will become effective only within its own EFI District but will have no effect in either of the other two EFI Districts. (Halligan)
Op to Mr. Clayton M. Wilcox, E.B.R. Parish School District, Baton Rouge, LA
Date Released: March 14, 2003

State Representative Wants to Legalize Scalping

The Advocate reports that State Representative William Daniel has filed House Bill 316 - a bill that proposes to strike down the law that prohibits scalping tickets in Louisiana. Additionally, the proposed law would allow vendors and promoters to limit the number of tickets sold to any single person or group.

Anyone interested in other examples of such important legislation, or any type of Louisiana legislation for that matter, should check out Louisiana Legal's new site. It promises to bring the latest news from the Louisiana Legislature and to follow pre-filed, pending and passed legislation (with links to the original legislation) accompanied by summaries and commentary.

Fort Polk Horses to be Rounded Up

The United States Fifth Circuit affirmed the dismissal of an animal-rights group's lawsuit that was intended to bar the proposed roundup of horses running free on Fort Polk in the Kisatchie National Forest, reports The Advocate. The decision upheld the determination of District Judge A.J. McNamara who held that the horses were not "wild" and therefore protected by the Wild Free-Roaming Horses and Burros Act of 1971.

Tracking the Serial Killer and Probable Cause

The Advocate reports that some Baton Rouge defense lawyers may contest the manner in which the serial killer task force has collected DNA samples from suspects. "I had the impression they were going down the usual suspect list," said Frank Holthaus, an attorney who had three clients tested. "There was no real probable cause in either case. None." "Baton Rouge police, the lead agency for the task force, say the methods they've used are legal and have been cleared with legal counsel for the department."

A Few Articles from the Sunday Advocate

The Advocate had two interesting articles in Sunday's paper. The first article reports on the legal fees associated with the East Baton Rouge Parish school system desegregation case. The system has spent $600,000 so far this year and has paid roughly $7.5 million to lawyers, consultants and court monitors since the 1995-1996 fiscal year, when the School Board entered into an agreement, or consent decree, with the plaintiffs in the case."

The second article provides an overview of the first eighteen months of David Dugas', the United States Attorney for the Middle District of Louisiana, appointment in Baton Rouge.

Casino and State Nearing Agreement

The Advertiser reports that the Horseshoe Casino is very close to settling charges of unconventional business practices with the State Gaming Control Board. If an agreement is reached it would allow the casino to obtain an unconditional five-year renewal of its gaming license.

Committee Attorney Barred from Scheduled Prison Tours

David Utter, an attorney and executive director of the Juvenile Justice Project of Louisiana, is crying foul after state officials have barred him from taking prison tours with the Juvenile Justice Commission advisory committee, reports The Advocate. "Corrections officials said they yanked Utter's invitation because he is one of the plaintiff attorneys in civil-rights lawsuits against the state over prison conditions."

NOLA to Appeal $200 Million Ruling

The City of New Orleans was ordered by CDC Judge Ronald Belsome to pay over $200 million in backpay and pension to about 1,500 NOLA firefighters or their heirs. Mayor Nagin issued a written statement that "they city cannot afford to be saddled with" the judgment and that it will be appealed, reports The Times-Picayune.

Jefferson Courthouse Case Racks up Guilty Pleas

The Times-Picayune reports that Federal authorities have secured another guilty plea and another witness in their investigation of corruption at the Jefferson Parish Courthouse. In the most recent case, former Sheriff's Lt. Guy Crosby pleaded guilty to funneling information from a restricted computer to a bail bondsman. "Crosby joins Slidell mechanic Curley Chewning and Bryan White, restaurateur Al Copeland's top corporate attorney, in confessing to crimes and agreeing to cooperate in the investigation."

Former District Judge Ronald Bodenheimer still maintains his innocence and won a small victory yesterday when the State Board of Ethics reversed course and said that he could use campaign funds for his defense, reports The Times-Picayne.

Judges Honored

Members of the Lincoln and Union Parish Bar Associations said thank-you to former Ad Hoc Third JDC Judge James Brodie and to Justice Chet Traylor for appointing him, reports The News-Star. Boddie, now a Lincoln Parish resident, said he "absolutely" enjoyed his almost six-year temporary stay on the 3rd District bench.

LA Supreme Court Going on the Road

The News-Star reports that the Louisiana Supreme Court will be taking its show on the road around the state. Specifically, on April 7, the court will hear arguments at ULM.

Student Sues LSU Over Booting

Kenneth Hopkins, who is blind and an 'A' student ranked in the top of his class, was booted from the LSU Computer Rehabilitation Program for being too "disabled," reports The Advocate. Hopkins has filed suit seeking to remain in the program. "Until the courts resolve the issue, Hopkins continues to attend classes on a judge's order. Success will be felt, he muses, only if it prevents more disabled students from experiencing the same fate."

Ascension Strippers Get Naked

The Ascension Parish Council voted to override Parish President Harold Marchand's veto of the council's action to weaken a recently passed ordiance regulating sexually-oriented businesses, reports The Advocate. "Following the vote, a deep rumbling of discontent reverberated in the council chambers as the audience made its way outside."

Jennings Firefighters, Police Charged with Malfeasance in Office

The Advertiser reports reports that five men accused of taking computers and televisions from a wrecked tractor-trailer while they were working as Jennings firefighters or police officers have been charged with malfeasance in office, prosecutors announced Wednesday. Fifteen individuals were intially accused, but Jefferson Davis DA Michael Cassidy said that a police investigation shoed that not all of the men's actions rose to a criminal level. The men, four of whom have resigned or been fired, will be eligible for a pre-trial intervention program.

State Do Not E-mail List?

The Advocate reports that State Senator Joe McPherson has filed Bill 90 that would set up a "no junk mail" list like the Do Not Call list, which bans many unsolicited sales calls to the 320,000 residents on the list. "But the agency in charge of the Do No Call list for phone subscribers fears that stopping "spam" would be far more difficult, and trying to halt the electronic junk mail might even be illegal."

BR Councilman Slams State Representative Over Wal-Mart

The Advocate reports that East Baton Rouge Councilman Jim Benham accused State Representative William Daniel of "meddling in city-parish" issues regarding a proposed Wal-Mart Supercenter on College Drive. Daniel has proposed a tax-incremented financing district for the area to provide traffic improvements.

I'm happy that, after seven years of being in the state Legislature, Mr. Daniels has finally realized that transportation issues are very important to the city of Baton Route and to his constituents. Perhaps now, instead of lobbying state agencies for millions in state contracts for his company in order to line his own pockets, he will devote more time to getting desperately needed state funds for state roads in East Baton Rouge Parish.

Class-Action Suits Target Junk Faxes

The Advocate reports that several local businesses are facing class-action lawsuits accusing them of sending junk faxes.

At issue in the class actions is the decade-old Telephone Consumer Protection Act, a federal law that prohibits advertisers from sending unsolicited faxes unless the sender has prior permission or a pre-existing business relationship with the recipient. It imposes fines of $500 to $1,500 per violation.

One Person Can Make A Difference

The Advocate profiles Kathryn Goppelt who, more than anyone else, is responsible for Ascension Parish's new ordinance regulating sexually-oriented businesses. In exercising her democratic rights, "she has conducted research, attended seminars, lobbied politicians, buttonholed lawyers, formed an organization and spoken forcefully at public meetings." And most impressively, whether you agree with her viewpoint or not, has effected real change.

Shreveport Men's Club Ruling Appealed

The Advertiser reports that the five women who sued the Southern Trace Country Club in in Shreveport have appealed the district court decision that a restaurant's men-only policy does not violate the state constitution. The story has been previously reported on by Naked Ownershiphere and here.

Copeland Ordered to Reveal Finances Again

Al Copeland is fighting a second court order to reveal the exact details of his wealth in a continuing effort to keep the size of his fortune a secret, reports The Times-Picayune. "The latest ruling came Tuesday when state District Judge Hans Liljeberg gave the restaurateur 30 days to lay out his financial portfolio in its entirety, from tax returns to stocks to real estate holdings." Peter Cola, who recently joined Bennett Wolff as an attorney for Hunter, Copeland's ex-wife, said that: "Any other party would have had to produce these by now."

Bill Proposed to Raise Louisiana Minimum Wage

The Times-Picayune reports that House Bill 245, filed by Representative Leonard Lucas of New Orleans, would increase the state minimum wage to $6.15 per hour and require that it remain $1 above the Federal mandate. The same opponents to New Orleans individualized efforts to accomplish the same thing last year have vowed to kill the measure.

Deja Vu Prevails at Shreveport City Council Meeting

The Times reports that the Shreveport City Council rejected arguments regarding its misuse of bond monies alleged by opponents of the downtown Deja Vu strip club. The council, in a 5-2 vote, upheld a Zoning Board of Appeals' decision that the club is not within a 1,000 feet of a park. Opponents of the strip club have already stated that they will appeal the decision.

LA Attorney General Opinions

Summaries of Attorney General opinions released from March 3 through March 7 are provided compliments of the the Louisiana Attorney General's Office. Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

#03-0038
Louisiana Tax Commission should issue change orders in an open meeting pursuant to Louisiana’s Open Meetings Laws. (Grant)
Op to Mr. J. Pete Peters, Louisiana Tax Commission, Baton Rouge, LA
Date Released: February 6, 2003

#03-0092
An elected school board member may also be employed on a part-time basis for the local parish government, as the two positions are in different political subdivisions. (LaPlace)
Op to Walter T. Rogers, Mansura, LA
Date Released: March 7, 2003

#03-0029
The Board for psychologists can enact rules and/or guidelines whether to allow retroactive renewal of a lapsed license. (Rutledge)
Op to Ms. Brenda C. Ward, Board of Examiners of Psychologists, Baton Rouge, LA
Date Released: March 7, 2003

#03-0053
Under a Lawrason Act Municipality a Mayor in a tie vote for Mayor Pro-Tem must vote to break the tie. (Braud)
Op to Robert R. “Bobby” Faucheux, Jr., State Representative, LaPlace, LA
Date Released: March 7, 2003

#03-0073
The area that is part of the airport or suitable for airport facilities cannot be zoned by the parish, but the area surrounding the airport may be zoned specifying the land uses permitted. (Rutledge)
Op to Hon John C. Diez, Representative, Gonzales, LA
Date Released: March 7, 2003

Louisiana First Circuit Court of Appeal Opinions

Here are the most recent opinions as of 3/11/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CA0366
Full Opinion [pdf]
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Karen J. Richard, individually and on behalf of her minor child Emily Richard (Richard) appeals the trial court's grant of summary judgements in favor of Screeening Systems International, Inc. (SSI). AFFRIMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0252
Full Opinion [pdf]
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The plaintiff serves the defendants for information in petition. Defendants filed a motion to dismiss for failure to request service within prescribed time. The court reversed the dismissal of the suit and remanded for further proceedings.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0286
Full Opinion [pdf]
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This appeal is by an employer and its insurer from a decision of the workers' compensation judge (WCJ) Pamela Moses-Laramore awarding the claimant benefits and medical expenses. AMENDED AND AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0290
Full Opinion [pdf]
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This is a Wkrs. Comp. case were the court found no error in the WCJ's determinatiom that Holi Temporary Services exception raising the objection of res judicata should be sustained. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0295
Full Opinion [pdf]
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Oko Usun, appellant, appeals the decision of the Civil Service Referee sustaining his dismissal by the appointing authority in these consolidated cases. The court found no evidence the CSR abused her discretion in upholding the disciplinary action imposed and thus AFFIRM her decision.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0335
Full Opinion [pdf]
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This appeal challenges a ruling of the Louisiana Board of Ethics decreeing that Jeferson Alliance is subject to registration and reporting requirements of the Campaign Finance Disclosure Act.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0338
Full Opinion [pdf]
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In this case, plaintiffs challenge the trial court's judgement granting summary judgement in favor of the defendants. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0339
Full Opinion [pdf]
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This is an appeal by an insurer from a declaratory judgement setting forth the rights and responsibilities of parties to this action under various judgements. AMENDED AND AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0350
Full Opinion [pdf]
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Allstate Indemnity Company (Allstate), which provided UM insurance coverage to Ibrahim, appeals a judgement finding it eas arbitrary and capricious in its handling of his claim and imposing statutory penalties ans attornet fees. Ibrahim answered the appeal, seeking additional attorney fees and legal interest. AMENDED AND AS AMENDED, AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0359
Full Opinion [pdf]
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This appeal arises from an action for workers' compensation in which the claimant was found totally and permantly disabled. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2001CA2912
Full Opinion [pdf]
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The Louisiana State Employees' Retirement System (LASERS) appeals an adverse judgement of the trial courts in Ethel Dobrowolski's favor overruling LASERS's decision that she was not disabled. REVERSED AND REMANDED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0364
Full Opinion [pdf]
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Plaintiffs-Lessees appeal the trial court's finding of defendant-lessor's "reasonableness" in denying consent to a leasehold mortgage. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0532
Full Opinion [pdf]
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This is an appeal of a judgement aearding damages to the plaintiffs and their insurer as a result of injuries susstained in an automobile accident. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CA0368
Full Opinion [pdf]
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Rosemary Cucchero appeals a trial court's judgement revoking her appointment as represenative of her father's succession. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0393
Full Opinion [pdf]
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The Board of Trustees of the State Employees Group Benefits Programfiled suit seeking a declaratory judgement aganist the Vernon Parish School Board. REVERSED AND RENDERED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0394
Full Opinion [pdf]
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This appeal challenges the granting of a prescription exception in a workers' compensation case. REVERSED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0399
Full Opinion [pdf]
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Richard Parker filed a petition for judicial review of an administrative remedy action. Parker falied to raise substantial right violation which would state a cause of action ans/or invoke the jurisdiction of the court. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0410
Full Opinion [pdf]
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This appeal arises from a woekers' compensation case that was denied. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002CA0429
Full Opinion [pdf]
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This is an appeal from a judgement maintaining the defendants' peremptory exception raising the objection of prescription. REVERSED AND REMANDED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0507
Full Opinion [pdf]
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This appeal arises from a workers' compensation case that was denied. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0513
Full Opinion [pdf]
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This appeal challenges a trial court's judgement awarding property damage to numerous persons residing along Bayou Lafourche in connection with a chenical spill in the Miss. River. The plaintiffs failed to prove negligence in the defendant's handling of the spill. REVERSED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0519
Full Opinion [pdf]
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In this case the defendant appeals a judgement of the OWC awarding claimant temporary total disability benefits, supplemental earnings benefits, penalties, and attorney fees in connection with a work-related accident. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 002CA0523
Full Opinion [pdf]
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Mr. Montalbano appeals his denial for supplemental earnings benefits. AFFIRMED

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NOLA Posts First Victory in Brake Tag Corruption

The Times-Picayune reports that New Orleans prosecutors posted their first jury trial victory that resulted from City Hall's sweeping investigation of alleged corruption at the city's vehicle inspection stations. The conviction was only a partial win, however, because the former employee on trial was convicted of malfeasance in office, but acquitted of public bribery. "Of the remaining cases to grow out of the brake tag station investigation, two have resulted in guilty pleas. One defendant was acquitted, and three are awaiting trial. "

DeQuincy City Council Punts on Hazardous Waste Ordinance

The American Press reports that the DeQuincy City Council decided yesterday to let its residents decide the fate of a proposed hazardous-waste ordinance. The citizen-proposed ordinance "would require a recommendation from the city zoning board and approval from city voters before any business requiring a hazardous-waste permit would be allowed to operate in DeQuincy." Eston Singletary, the attorney representing the group seeking to pass the ordinance, recommended the City disapprove the ordinance because it is invalid as written and will likely be thrown out if challenged in court. He points out that courts have repeatedly found that local governments are prohibited from regulating hazardous materials.

US Fifth Circuit Considers Wild Horses

The Advocate reports on a case argued before a three-judge panel on the US Fifth Circuit Court of Appeal regarding whether horses that roam Fort Polk in the Kisatchie Nation Forest are "wild." Apparentlyk, such a determination would entitle them to sanctuary under federal law. The US Department of Justice argues that the horses are merely strays that wandered onto the Army post and are trespassing. The Army would like to round the estimated 250 horses up, but the Coalition of Louisiana Animal Advocates is trying to stop them by claiming that such action would violate the Wild Free-Roaming Horses and Burros Act of 1971.

Donalsonville Mayor Seeks Dictatorship

Mayor Raymond Jacobs asked the Louisiana Attorney General in January if the Louisana Constitution allows local governments operating under a home rule charter to establish dictatorships, reports The Advocate. Not surprisingly, the Attorney General's Office issued an opinion that such a form of government would be illegal. Mayor Jacobs and the Donaldsonville Commission Council have been at odds since he took office and he is now seeking to replace the Commission Council with a council form of government.

Virginia Proceedings Delay EBR Sniper Case

The Advocate reports that legal proceedings in Virginia will postpone the arraignment of sniper suspects Lee Malvo and John Muhummad on charges of first-degree murder in East Baton Rouge Parish. First Assistant District Attorney John Sinquefield said he plans to give Virginia officials time to handle their trial against the sniper suspects, which could take six months or more.

Second Circuit Court of Appeal Decisions

Compliments of the Louisiana Bar Today Opinion Service, the most recent opinions as of 3/10/03 from the Louisiana Appellate Courts are available here.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,747-CA
Full Opinion [pdf]
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DR. DWIGHT VINES AND Plaintiffs-Appellants
DR. VAN MCGRAW versus NORTHEAST LOUISIANA UNIVERSITY Defendants-Appellees AND THE BOARD OF TRUSTEES, UNIVERSITY OF LOUISIANA SYSTEM, The plaintiffs, Dr. Dwight Vines and Dr. Van McGraw, appeal a trial
court judgment sustaining an exception of res judicata and collateral estoppel as to their claims of age discrimination. The exception was based upon the dismissal of a suit in federal court filed by the Equal Employment Opportunity Commission (EEOC). The defendants, Northeast Louisiana University and the Board of Trustees of the University of Louisiana System, have answered, seeking sanctions for a frivolous appeal. For the following reasons, we reverse the trial court judgment and deny the claim for frivolous appeal.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 36,852-CA
Full Opinion [pdf]
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ROGER RAY FLANAGAN Plaintiff-appellee versus
MICHELLE BEATRICE LINER FLANAGAN Defendant-appellant
After five years of primary custody of the children with the father, the mother moved to modify the custody agreement which had resulted from a previously stipulated consent judgment. The trial court ruled that a change in custody was not in the best interests of the children, and the mother appeals. Finding no material change in circumstances that would justify a change in custody, we affirm the trial court?s ruling.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,847-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
GUEORGUI K. RAEV Appellant
The defendant, Gueorgui Raev, was charged by bill of information with attempted second degree murder, a violation of LSA-R.S. 14:30.1 and 14:27. The defendant entered a guilty plea to the reduced charge of attempted manslaughter, a violation of LSA-R.S. 14:31 and 14:27. The district court imposed a sentence of twelve years at hard labor. Defendant filed a motion for reconsideration of sentence, but he withdrew the motion prior to the court?s ruling. Defendant appeals his sentence as excessive. We affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,834-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
APRIL DAWN WRIGHT Appellant
April Dawn Wright (?Wright?) pled guilty as charged to one count of first degree robbery, La. R.S. 14:64.1. The trial court sentenced her to eighteen years at hard labor without benefit of parole, probation or suspension of sentence. Upon the denial of her motion to reconsider sentence, Wright lodged this appeal contending that the imposed sentence is excessive. We affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,830-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus BOBBY COOPER Appellant
Following a jury trial, the defendant, Bobby Cooper, was convicted of second degree murder and sentenced to the mandatory term of life imprisonment without benefit of probation, parole or suspension of sentence. The defendant?s conviction and sentence are affirmed. The defendant argues that the trial court erred in denying his motion to suppress his statement to the police. In his second assignment of error, the defendant contends that the trial court erred in restricting his ability to present evidence about the totality of the circumstance surrounding the making of his inculpatory statement to the police. Specifically, he claims that he was not allowed to explore whether he was under arrest at the time or if he was misled as to his status and degree of risk.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,829-WCA
Full Opinion [pdf]
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WANDA ELKINS Plaintiff-Appellee Versus LOUISIANA DEPARTMENT OF Defendant-Appellant AGRICULTURE & FORESTRY,
The Louisiana Department of Agriculture and Forestry (?LDAF?) appeals a default judgment entered on behalf of Wanda Elkins (?Elkins?) in this workers? compensation matter. Finding that the plaintiff failed to properly serve the defendant, we reverse.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,826-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
CHARLES RAY SNOW Appellant
The defendant asserts that the trial court erred in failing to advise him of the mandatory minimum sentence prior to the entry of the guilty plea. This argument is without merit.

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Date - 3/5/02
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 35,344-WCA
Full Opinion [pdf]
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CHARLES A. CULOTTA Plaintiff-Appellee
Versus A.L. & W. MOORE TRUCKING COMPANY Defendant-Appellant,On appeal, A.L. & W. Moore disputes several factual findings of the WCJ, including the finding that Mr. Culotta was entitled to SEB, the computation of Mr. Culotta?s average weekly wage under La.R.S. 23:1021 (10) (d), the award of penalties and attorney fees and the finding that Mr. Culotta needs back surgery.

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Date - 3/7/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 36,785-CA
Full Opinion [pdf]
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H. L. RICHEY, ET AL. Plaintiffs-Appellees versus
JEFF A. MOORE, ET AL. Defendants-Appellants,
The defendants, Jeff A. Moore, Tammy Hancock Moore, Vernon Monk, Marcia Pierce Monk Free, T & M Oil Company, and T & M Production, appeal a trial court judgment granting $50,000.00 in attorney fees to the plaintiffs, H. L. Richey and his wife, Marilyn Richey, and K. F. Young and his wife, Gloria Young, in a dispute over obligations under the transfer of an oil and gas lease. For the following reasons, we reverse the trial court judgment.

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Date - 2/11/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,862-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
JIMMY LAM Appellant
Defendant Jimmy Lam appeals from his conviction and sentence for the crime of illegal use of a weapon under La. R.S. 14:94. We affirm the conviction and sentence, but vacate the condition of probation relative to restitution.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,741-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus DALE WAYNE GREEN Appellant, After Dale Wayne Green (?Green?) was convicted of distribution of marijuana, La. R.S. 40:966(A)(1), he was adjudicated a third felony offender and sentenced to life imprisonment without benefit of parole, probation or suspension of sentence. Green now appeals his conviction and sentence.1 We affirm.This court?s authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson, supra, and does not extend to credibility determinations made by the trier of fact. La. Const art. 5, § 10(B); State v. Williams, 448 So. 2d 753 (La. App. 2d Cir. 1984).

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,735-CA
Full Opinion [pdf]
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KEITH MASTERS AND RACHAEL DIANE MASTERS Plaintiffs-Appellants versus STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendant-Appellee, Keith Masters and Rachael Diane Masters, plaintiffs, appealed the
summary judgment dismissing their claim against their auto insurer, State Farm Automobile Insurance Company, for its proportionate share of attorney?s fees and costs arising from State Farm?s recovery of its medical payments to Mr. and Mrs. Masters from the insurer of the responsible third party?s insurer. Mr. and Mrs. Masters contended that the summary judgment in favor of State Farm, in essence, required their attorney to be an unpaid collection agent for State Farm. According to the insurer, Mr. and Mrs. Masters sought to force State Farm to pay for their attorney?s fees for services which State Farm neither needed nor requested, when the insurer received no timely notice of retention of the attorney or his subsequent activities. For the following reasons, the judgment is affirmed.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,695-WCA
Full Opinion [pdf]
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ALBERTA D. GOSEY Plaintiff-Appellant
Versus GENERAL MOTORS CORPORATION Defendant-Appellee, In this workers? compensation case, the claimant, Alberta Gosey, appeals a judgment in favor of the employer, General Motors Corporation (?General Motors?). The workers? compensation judge denied the claim for compensation benefits, finding that claimant had failed to prove by a preponderance of the evidence that she sustained a work-related occupational disease or accident. For the following reasons, we affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,665-CA
Full Opinion [pdf]
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LINDA BOZEMAN, INDIVIDUALLY Plaintiffs-Appellees
AND ON BEHALF OF TOMMY BOZEMAN versus STATE OF LOUISIANA, AND THE Defendants-Appellants DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, This matter involves two related appeals which have been
consolidated.1 The first is an appeal by Linda Bozeman, the plaintiff, whose claim for medical expenses stemming from the death of her husband was
remanded for retrial in Bozeman v. State -DOTD, 34,430 (La. App. 2d Cir. 4/4/01), 787 So.2d 357, writ denied, 2001-1341 (La. 6/29/01), 794 So.2d
813. On remand, the trial court reduced the award of medical expenses by applying Terrell v. Nanda, 33,242 (La. App. 2d Cir. 5/10/00), 759 So.2d
1026, which holds that the amounts ?written-off? or ?contractually adjusted? pursuant to the requirements of the Medicaid program are not recoverable as damages. On appeal, the plaintiff challenges the application of the Terrell
holding and the amount of medical expenses awarded by the trial court.
The second appeal is by the Department of Health and Hospitals (?DHH?), which appeals the denial of its motion to withdraw funds from the registry of the court. DHH filed this motion to recover medical expenses paid by Medicaid on behalf of the plaintiff?s late husband, Tommy Bozeman.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,635-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus LEWIS WRIGHT Appellant, The defendant, Lewis Wright, was charged by bill of information with one count of unauthorized entry of an inhabited dwelling, a violation of LSAR.S. 14.62.3. Prior to trial, the state amended the bill of information to charge the defendant with one count of simple burglary, a violation of LSAR. S. 14:62. After a jury trial, the defendant was found guilty as charged. Thereafter, the trial court sentenced the defendant to serve nine years at hard labor, with credit for time served. The defendant appeals, challenging the sufficiency of the evidence to convict him of simple burglary and the propriety of the trial court?s jury instruction as to the applicable responsive verdicts ton simple burglary.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil
Docket Number - 36,620-CW
Full Opinion [pdf]
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ANTHONY LENTINI, ET AL Plaintiff-Respondent
Versus NORTHWEST LOUISIANA LEGAL Defendant-Applicant
SERVICES, INC., In September 1998, the plaintiffs, Anthony and Beverly Lentini and A & B Finance, Inc., filed a petition seeking damages for defamation against the defendants, NLLS, Vaughan and their class action clients, Vive Ann Cummings, Joan D. Smith, Denver Norris and Artis Cole. The plaintiffs? petition alleged that the federal pleadings contained defamatory and libelous statements which accused the Lentinis and their company of engaging in criminal conduct.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 36,531-CA
Full Opinion [pdf]
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LARRY REED Plaintiff-Appellant versus PEOPLES STATE BANK OF MANY AND DALE HOPPER Defendants-Appellees, Financing for the construction of the home of Patricia Holmes led to this dispute. Holmes hired Larry Reed as building foreman. Reed sued Peoples State Bank of Many and Dale Hopper, a bank employee, for damages allegedly caused by the intentional acts of the bank and Hopper. The defendants filed a motion to dismiss Reed?s action as abandoned. From a February 15, 2002, judgment dismissing his action, Larry Reed, in proper person, appealed on April 15, 2002. For the following reasons, we amend the judgment and affirm.

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Date - 2/11/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,825-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee Versus
KEVIN E. EPPINETTE Appellant,
Defendant, Kevin Eppinette, pled guilty to driving while intoxicated, third offense, a violation of La.R.S. 14:98, with an agreed upon sentence; however, he reserved his right to appeal the denial of his pretrial motion to suppress in accord with State v. Crosby, 338 So.2d 584 (La. 1976). For the reasons set forth below, defendant?s conviction is affirmed, but we are constrained to vacate the sentence and remand to the trial court for resentencing in accordance with the amendment to La.R.S. 14:98(D). See State v. Mayeux, 01-3195 (La. 06/21/02), 820 So.2d 526.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,907-CA
Full Opinion [pdf]
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CONNIE L. MOSLEY INDIVIDUALLY, AND VICEL SMITH ON BEHALF OF HER MINOR CHILDREN TERON WHITE, CLEANDREW
BARDEN, AND KATRINA SMITH versus MISSOURI PACIFIC RAILROAD COMPANY, UNION PACIFIC RAILROAD COMPANY,
CHESTER T. GATES, WENDELL E. PUGH, PARISH OF MOREHOUSE, TOWN OF BONITA,
According to the petition, Markey L. Smith was fatally injured on May 12, 1995, in an accident between an automobile and a locomotive owned by Missouri Pacific Railroad Company (?MPRR?).The plaintiffs in this case participated in discovery with other defendants without actively prosecuting their claims against the police jury. The discovery actions were not filed in the suit record, and the police jury received no service or notice of the discovery. Following three years of the absence of pleadings in the suit record, the police jury moved for abandonment of the action. After a contradictory hearing, the trial court granted this motion and dismissed plaintiffs? suit as to the police jury. For the following reasons, we affirm the trial court?s ruling.

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Date - 3/7/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 37,004-CA
Full Opinion [pdf]
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MONA ELIZABETH HARPER MIZELL Plaintiff-Appellee
versus JERRY ALLEN MIZELL Defendant-Appellant
Jerry Allen Mizell appeals from a trial court judgment in favor of his former wife, Mona Elizabeth Harper Mizell, which granted her more than $23,000 in past due child support and alimony and awarded her permanent alimony of $2,100 per month for 10 years. The judgment also found him in contempt and awarded her attorney fees of $5,000. We amend the judgment in part and, as amended, affirm.
The trial court found that there was an agreement as to reducing child support; however, it further found that there was no agreement to reduce the support payments by direct payments made by Jerry at his own discretion. After a careful review of the evidence, we find no manifest error in the trial court?s great discretion. The trial court was in the best position to judge the credibility of the witnesses and to accept or reject, in whole or in part, their testimony. Its finding that there was no agreement other than the one toreduce child support after Shaunté?s graduation is adequately supported by the
record.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,989-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
CORNELL F. BOYKIN Appellant
After two remands for resentencing, Cornell Boykin was adjudicated a second felony offender and sentenced to 20 years at hard labor, to be served consecutively with another sentence for which he was already incarcerated. His claim of an excessive sentence is without merit. We therefore affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 36,974-CA
Full Opinion [pdf]
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D. M. KENNEDY, JR. Plaintiff-appellant versus
ROSANNE KENNEDY Defendant-appellee
This community property partition dispute arises from the parties? compromise recited in open court during the trial. Before the later rendition of the consent judgment, appellant claimed an error in his understanding of the settlement?s disposition of one of the assets and contested the imposition of interest on his equalizing payment under the terms of the compromise. The trial court rejected appellant?s claims and upheld the compromise. A consent judgment expressing the settlement was rendered subject to appellant?s right to appeal. We affirm the trial court?s upholding of the compromise and the consent judgment, but amend to adjust the rate of interest owed on appellant?s equalizing payment to the contractual rate stipulated in the parties? agreement.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 36,971-CA
Full Opinion [pdf]
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AVALLONE ARCHITECTURAL SPECIALTIES, L.L.C. versus DBCS CORPORATION, ET AL Defendants
This is a suit to enforce a labor and materialman's lien under the Public Works Act by a subcontractor for work performed on a public works project on property owned by the Caddo Parish School Board ("School Board"). Plaintiff, Avallone Architectural Specialties, L.L.C. (?Avallone?), initially filed suit against the general contractor and the School Board. Subsequently, Patterson Insurance Company (?Patterson?), the bid bond surety, was made a defendant in the suit by way of a third party demand filed by the School Board. Patterson filed a motion for summary judgment, which the trial court granted, thereby dismissing Patterson from the suit. The School Board appeals the trial court?s ruling on summary judgment. For the reasons stated herein, we affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,938-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
EAN LAMAR JOHNSON Appellant
Pursuant to a plea bargain which secured a reduction of charges, the defendant, Ean Johnson, pled guilty to a second offense possession of marijuana charge and a simple possession of cocaine charge. The trial court sentenced him to concurrent sentences of five years. The defendant argues that his sentences are excessive. We affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,934-CA
Full Opinion [pdf]
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TISHA C.L. LENSEY Plaintiff-Appellant versus
THE CITY OF SHREVEPORT Defendant-Appellee
MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD OF THE
CITY OF SHREVEPORT
Tisha C.L. Lensey (?Lensey?) appeals a judgment rendered with written opinion by the First Judicial District Court dated April 29, 2002, affirming an August 15, 2001, ruling of the Shreveport Municipal Fire and Police Civil Service Board (?Board?), which ruling determined that Lensey?s termination from the Shreveport Police Department was in good faith and for cause. Finding inadequate evidence for cause, we reverse the termination of Lensey, amend her punishment to a 90-day suspension without pay or benefits, reinstitute her pre-termination employment as a Shreveport Police Officer, with back pay and all associated employment benefits following the 90-day suspension period.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,927-WCA
Full Opinion [pdf]
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BETTY ARMSTRONG Plaintiff-Appellant versus
HORSESHOE CASINO Defendant-Appellee
In this appeal from a denial of worker?s compensation benefits, the pro se claimant, Betty Armstrong, contends that the worker?s compensation judge (WCJ) erred in failing to award her benefits. We affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,853-CA
Full Opinion [pdf]
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SAFEWAY INSURANCE Plaintiff-Appellee
COMPANY OF LOUISIANA versus STATE FARM MUTUAL Defendant-Appellant AUTOMOBILE INSURANCE COMPANY
State Farm Mutual Automobile Insurance Company (?State Farm?) appeals a judgment by the Shreveport City Court against it in the amount of $1,394.99 and in favor of Safeway Insurance Company of Louisiana (?Safeway?). For the following reasons, we affirm.
At the heart of this litigation is the issue of which insurer, Safeway or State Farm, provided primary insurance coverage for Baines? fault in striking the Ladd child. Safeway looks to La. R.S. 22:1406(F) addressing temporary substitute vehicles1 and argues that pursuant to the statute, State Farm provided primary liability coverage. State Farm maintains that pursuant to its policy terms, it would be an excess insurer for temporary substitute vehicles, and that Safeway and the trial court erroneously interpret the statute.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Torts and Personal Injury
Docket Number - 36,911-CA
Full Opinion [pdf]
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GARY D. HALE ERICA D. HUDSON and TAVA M. HUDSON
versus MICHAEL CORLEY AND FINANCIAL INDEMNITY COMPANY
GENE CORLEY
Gary D. Hale, Erica Hudson, and Tava Hudson (collectively, the ?appellants?) appeal a judgment of the First Judicial District Court in favor of Financial Indemnity Company (?Financial?), determining that a policy of insurance previously issued by Financial had been properly canceled. For the following reasons, we affirm.
These cases stem from a motor vehicle accident which occurred on January 31, 1997 involving vehicles driven by Casey Corley (?Casey?), Gary Hale (?Hale?), and Erica Hudson. Tava Hudson was a passenger in Erica Hudson?s vehicle. As claimed in the consolidated lawsuits of Hale and the Hudsons, the accident was caused by Casey?s negligent operation of a 1992 Ford F-150 pickup truck allegedly covered by a policy of insurance (the ?policy?) issued by Financial in favor of Casey?s father, Michael Corley (?Michael?). Financial answered the lawsuit and denied coverage, stating that the policy had been canceled as a result of nonpayment of premium at a date previous to the accident.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,855-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
GARY WAYNE BROOKS Appellant
Defendant, Gary Wayne Brooks, was charged with second degree murder in violation of La. R.S. 14:30.1. Defendant was tried by a jury and convicted as charged. He was subsequently sentenced to serve life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. Defendant now appeals his conviction, arguing that the evidence presented at trial was insufficient to convict him of second degree murder. For the reasons stated herein, we affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,894-CA
Full Opinion [pdf]
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KERRY MCCOY AND THERESA MCCOY Plaintiffs-Appellees
versus RONNIE LUCIUS AND MILDRED LUCIUS Defendants-Appellants
The defendants, Ronnie and Mildred Lucius, appeal from a judgment awarding damages to the plaintiffs, Kerry and Theresa McCoy, as a result of injuries sustained by the McCoys? dog. For the following reasons, we reverse.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations
Docket Number - 36,893-CA
Full Opinion [pdf]
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FORD MOTOR CREDIT COMPANY Plaintiff-Appellee
Versus HENRIETTA H. GEORGE D/B/A IMPACT APOSTOLIC MINISTRIES and HENRIETTA H. GEORGE, INDIVIDUALLY
This is an appeal from a summary judgment in favor of plaintiff, Ford Motor Credit Company, in an action on a retail installment contract. Appellant, Henrietta George, asserts on appeal that she has been denied due process because of ?the lack of knowledge and financial resource required to obtain ... legal representation,? and that Ford Motor Credit Company has participated in what she describes as ?predatory business activities.? For the following reasons, we affirm.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 36,883-CA
Full Opinion [pdf]
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MARY RUTH HAMDAN, AS NATURAL Plaintiff-Appellant
TUTRIX OF THE MINOR, RAMSEY HAMDAN versus STATE FARM MUTUAL AUTOMOBILE Defendants-Appellees INSURANCE COMPANY and CARL E. GRESHAM
Defendants have shown that there is an absence of factual support for the essential element of Plaintiff?s claim that Gresham committed any negligence or had any fault in the accident. The burden, therefore, shifted to Plaintiff to show support sufficient to establish that she could satisfy her evidentiary burden of proof at trial. Plaintiff failed to come forward with evidence showing that Gresham was even partly negligent or partly at fault. For the foregoing reasons, we conclude that, since the evidence presented on summary judgment showed the absence of fault on the part of Gresham, there is no genuine issue of material fact in dispute in this case; and, therefore, summary judgment is appropriate. Plaintiff?s assignment of error is without merit.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil
Docket Number - 36,878-CA
Full Opinion [pdf]
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LESLIE DUNN and GLORIA DUNN Plaintiffs-Appellants
Versus JANET MORTENSON, TEMPORARY Defendants-Appellees
RECEIVER OF AUSTIN FOREX INTERNATIONAL, INC.; INTERNATIONAL FOREIGN EXCHANGE CORP.; and
AUSFOREX INTERNATIONAL, L.L.C.
As a result of the securities and pyramid/Ponzi scheme operated by Erxleben and AFI, its investors lost more than $36 million in principal. The instant case arose out of funds that Erxleben paid out to the Dunns before AFI ceased doing business.
Louisiana courts in the past have also addressed similar personal jurisdiction issues. Significantly, none of these courts have held that the law in Louisiana requires a Louisiana court to give full faith and credit to a judgment from a foreign court when the foreign court made no specific finding that it had personal jurisdiction over the out-of-state defendant.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 36,868-KA
Full Opinion [pdf]
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STATE OF LOUISIANA Appellee versus
CALVIN RAY FEASTER Appellant
Following a serious traffic accident, the defendant in this criminal case pled guilty to one count of DWI, third offense, and two counts of first degree vehicular negligent injuring. He was sentenced to five years imprisonment at hard labor for each count, to run consecutively. On appeal, the defendant argues that the sentence for the DWI is illegal and that the others are excessive and in violation of La. C.Cr.P. art. 883. For the foregoing reasons, we affirm in part, reverse in part, and remand for re-sentencing on the DWI, third offense, conviction.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 36,865-CA
Full Opinion [pdf]
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KEN LAWLER BUILDERS, INC. Plaintiff-Appellee Versus
CYNTHIA M. DELANEY, ET AL Defendants-Appellants
Plaintiff, Ken Lawler Builders, Inc., filed a petition against defendants, Cynthia M. Delaney and Sandra Richardson Kittler, for damages suffered by reason of the repudiation of a lease, including all rent due under the remaining term of the 10-year lease, legal interest, attorney fees afforded under the lease and all costs of the proceeding.

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Date - 2/27/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 37,405-CA
Full Opinion [pdf]
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WILLIE TURNER, WALTER KYLE and WINNIE JONES Plaintiffs
Versus
BILLY JAMES and CAROLYN CALDWELL, CLERK OF COURT
for MADISON PARISH Defendants
This is an appeal from a judgment disqualifying defendant, Billy James, as a candidate for the Tallulah City Council. The district court found that the provisions of Article I, Section 10(B) of the Louisiana Constitution do not permit James, who pled guilty to a felony in 1989, to qualify for public office. For the reasons that follow, we affirm the trial court?s judgment.

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Date - 3/5/03
Court Docket - 2nd Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 36,922-WCA
Full Opinion [pdf]
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LILLIE BALL Plaintiff-Appellee versus WENDY?S INTERNATIONAL, INC. MCDONALD?S HAMBURGERS Defendant-Appellant
Both employers, McDonald?s Hamburgers (?McDonald?s?) and Wendy?s International (?Wendy?s?), appeal a judgment finding that the claimant, Lillie Ball, sustained occupational diseases and a work-related accident. The judgment awarded her indemnity benefits (temporary total disability and supplemental earnings benefits), casting McDonald?s and Wendy?s as joint obligors each liable for 50% of all such benefits accruing after September 30, 2000. It also ordered Wendy?s to authorize medical treatment for a ganglion cyst.

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Deja Vu: Shreveport Council Headed to Court

The Times reports that regardless of a Shreveport City Council vote on Tuesday, a debate over grant monies and the Deja Vu strip club is headed to court. This aspect of the Deja Vu saga centers on $5 million in bond funds intended for the development of a Cross Bayou park that was instead used to buy land for the City's convention center. "In other words, the council will be asked Tuesday to vote on a definition of a park."

Witness Slain After Refusing Protection

The Times-Picayune reports that Ryan Smith was found dead from gunshot wounds to the head and body on Saturday night. Smith was to testify in a murder trial slated to start today, but had twice refused police protection and an offer to relocate his family from the Orleans Parish DA's office.

New Orleans District Attorney Eddie Jordan said his office made two offers to protect Smith. Smith rejected them, Jordan said. And although Smith's slaying fell near the eve of the trial in which he was to testify against Tron Hughes, 23, there's not enough evidence to say Smith's death is a retaliatory killing, Jordan said.

2nd Circuit Court of Appeal Judge Kostelka Retires

The News-Star reports that Judge Robert Kostelka, a name familiar in Ouachita Parish legal circles since the 1960's, has retired from the Second Circuit Court of Appeal. Kostelka who turned 70 in February, however, is filling in for himself by special order of the State Supreme Court until the November election to fill his seat. He will likely retire into private practice after he leaves office, and looks forward to more temporary judicial appointments if he is needed.

Fifth Circuit to Hear Religious Tax Case

The United States Fifth Circuit Court of Appeal will decide whether Louisiana can grant sales tax exemptions to churches and other nonprofit religious groups this week, reports The Advertiser. "Last March, U.S. District Judge Ginger Berrigan struck down the exemptions, saying they were given for a religious purpose, thus breaking the constitutionally required separation of church and state." Louisiana appealled and the case will be heard by a three-judge panel on Wednesday.

Louisiana Sodomy Law Debated

The Advertiser reports that NOLA DA Eddie Jordan has established context to debate Louisiana's sodomy law by saying that he is willing to support the decriminalization of such activity in the home as long as public acts are still punishable as a felony.

Between 1988 and 1995, more than 2,000 people were arrested under the law, according to a study by Dr. John Penny, a professor of criminal justice and criminology at Southern University at New Orleans. Of that number, 98.3 percent of the arrests were against prostitutes and the rest against people performing sodomy in the home, the study found.

Program Helps Released Inmates

The Advocate profiles the Baton Rouge Post Release Skills and Re-Entry Center, which "offers instruction in life skills, job readiness, employment search, GED preparedness, substance abuse treatment, case management and an intensive, structured monitoring system." Clients must be under parole supervision or probation and have children under the age of 18 to qualify for the program. "It's just finally dawned on people a few years ago that we're locking people up, but they're not going to stay there forever," Program Director Matt Moore said. "They're getting out in record levels."

Accusations Fly Over Boy's Death

The Town Talk reports on a verbal battle taking place between Concordia Parish Sheriff Randy Maxwell and Adams County, Mississippi Coroner James Lee over the death of
five-year-old Eric Hudson of Vidalia. Sheriff Maxwell contends the boy drowned accidentally, but the coroner claims the boy was abused and murdered and that the sheriff is "covering up for somebody."

"It's apparent that Mr. Lee has lost touch with reality, and The Town Talk is the only newspaper that will print it," Maxwell said.

A Concordia Parish grand jury is expected to convene to hear the facts in the case, but no date has been set according to the 7th Judicial District DA's Office.

Ascension Strippers Stripped

Although they got the title of the article all wrong, The Advocate reports that Ascension Parish President Harold Marchand vetoed the Parish Council's settlement with local strip clubs regarding an ordinance that was passed last year. The veto, if it holds, will revoke the council's settlement and amended ordinance and reinstate the original stricter ordinance regulating the distance between dancers and patrons.

Clerk of Court Information Online?

KiMformation provides some research on the status of online access available from Louisiana Clerks of Court. Unfortunately, it doesn't look very promising for the time being, although a few Clerks of Court provide paid access to docket and record information. Kim also provides some excellent content about managing the flow of information through a law office, so take the time to look around.

Lawyers Sue to Take LA Bar Exam

Three French citizens and attorneys that are working full-time under a visa have sued to challenge a decision by the Louisiana Supreme Court that prohibits visiting foreign lawyers from taking the State bar exam, reports The Times-Picayune. Louisiana is the only state to forbid nonresident foreigners from taking the bar exam, but "three other foreign lawyers tried without success last year to get the Louisiana justices to change their minds on the matter, and the U.S. Supreme Court declined to hear their case."

Lawsuit Challenges All Specialty License Plates

The Times-Picayune reports that abortion-rights activists are taking a new approach in their attack against Louisiana's "Choose Life" license plates. In January the US 5th Circuit rejected an earlier lawsuit that specifically challenged the plates, so now the group is suing to throw out the entire specialty plate system or require Louisiana to sell a "Choose Choice" plate for balance.

Hypes Suppression Hearings Nearing an End

The Town Talk reports that Amanda Gutwiler Hypes', who is charged with three counts of first-degree murder for killing her children, attorney Mike Small rested his case in her evidence suppression hearing yesterday. Much of the hearings involved testimony that was developed when Hypes' best friend Renee Johnson wore a police wire and questioned Hypes regarding the fire that killed her children.

Juvenile Justice Overhaul Approved by Commission

The Advocate reports that the Juvenile Justice Commission approved a proposed overhaul of Louisiana's juvenile justice system on Thursday. "The far-reaching proposals include the possible closing of one of the state's four juvenile prisons and the creation of a new state agency for juvenile justice and family issues." The focus of the reforms is to move away from placing juveniles in prisons and toward more effective community-based alternatives.

Plans for Jefferson Parish Courthouse On Track

The Times-Picayune reports that construction of a new building for Jefferson Parish's 2nd Parish Court is on track to begin in May. Parish officials are preparing to sell $5 million in bonds and to accept a contractor's bid that was $600,000 below the estimated $7.5 million cost. The three-story building will be built at 100 Huey P. Long Avenue in Gretna.

Judges Gather For Meetings in Monroe

The Annual Conference of The Louisiana Judiciary Council is being hosted by Monroe this weekend, reports The News-Star. The conference is open to attorneys and will server as a site for CLE classes. "Fees for the classes are $100 for attorneys and $200 for judges." For more information, contact La Koshia R. Roberts at 381-261-0287 or Louis Scott at 381-361-2298.

Ouachita Parish Courthouse Increases Security

The News-Star reports that the Ouachita Parish Courthouse has installed a new security center and 39 cameras - both inside and outside the courthouse. "More than $268,000 has been invested in the security system over the past year."

"Right now I would say we're one of the top 10 best-secured courthouses in the state," said Ouachita Parish Sheriff's Chief Civil Deputy Steve Struben. "A lot of the new courthouses in the state were constructed with security built-in, but here we have a courthouse that was built in 1927 so it's been harder (to secure)," Struben said.

Lawsuit Challenges Illegal Voting Practices

A candidate who lost in the St. Martinville City Council election in May and a group of voters filed a federal lawsuit Wednesday against government officials and 12 people accused of illegally voting, reports The Advertiser. "The lawsuit seeks stricter elections guidelines aimed at preventing illegal voting."

Supreme Court Ruling Allows LA Sex Offender Registry

The Advocate reports that convicted sex offenders in Louisiana will still be required to register with authorities without first being granted a hearing after the United States Supreme Court upheld similar laws in Alaska and Connecticut. Further, the ruling affirms the right of the states to post such information on the Internet. The Louisiana State Police maintains the Louisiana Sex Offender and Child Predator Registry.

Hypes Offered to Take Polygraph

The Town Talk reports that Amanda Gutweiler Hypes offered four separate times to take a polygraph test while being interrogated by Rapides Parish Sheriff Detectives who were investigating her children's deaths. She was never tested. This is the latest information to surface in evidence suppression hearings that have been occurring since November.

NOLA District Attorney gets technology boost

The City of New Orleans is working with the District Attorney's office to provide computers and high speed Internet access within the office. The March 3, 2003 edition of City Business reports that "20 new Pentium IV computers" valued at "$300,000" were donated to the D.A's office by the City (obviously this is a mistake, or the 'computers' are actually 'servers.').

The City is also helping the D.A.'s office fine-tune its network to include network copiers and printers that would replace local printers. Finally, the D.A's office is going to have a website. It will be here once it gets up and running.

Shreveport Police Corporal Arrested

Shreveport Police Corporal Jimmie Peck and former police officer Kevin Buford were arrested by the Caddo Parish Sheriff and the FBI for allegedly participating in the attempted robbery of an ATM, reports The Times. Further, "the sheriff's office and FBI are investigating Burford and Peck's involvement in other similar robberies and several home-invasion robberies. They could face state and federal charges."

Lake Charles Dock Board Hires Outside Counsel

The American Press reports that the Lake Charles Dock Board has hired outside counsel after its in-house counsel told board members that he represents the dock and the board as an entity - not individual commissioners. In-house counsel Mike Dees angered board members last month with his legal opinion that the port violated federal law by reporting $2 million in non-existent revenues to its letter of credit bank in New York City. Outside counsel, Taylor, Porter, Brooks, and Phillips, will review the opinion and represent the board in forthcoming audits/investigations.

Happy Mardi Gras!

Naked Ownership will return to its regularly scheduled programming on Ash Wednesday.

Cain Wants to Give Legislature State Budget

The News-Star reports that Senator David Cain has pre-filed Senate Bill 1, "a proposed constitutional amendment transferring authority for preparing the annual state budget and capital outlay bill from the governor to the Legislature."

NOLA Evidence Room Cleaned Too Thoroughly

The Times-Picayune reports that another case is now in jeopardy because of evidence that was mistakenly destroyed in an overzealous cleanup of the NOPD Central Evidence and Property Room. "It has been determined that evidence in at least nine more cases is missing or was destroyed." New procedures have been implemented to prevent mistakes from occurring again.

New Smoking Legislation Proposed

The Times reports that anti-smoking advocates are preparing to lobby the legislature this spring to move the decision power regarding no-smoking policies from individual restaurant owners to local governments. "Last week Shreveport's City Council unanimously approved a resolution [supporting the effort.], joining Lafayette, Alexandria, Covington and Gibsland "