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FOR IMMEDIATE NEWS
RELEASE
NEWS RELEASE # 018
FROM: CLERK OF THE SUPREME COURT OF LOUISIANA
The Opinions handed down on the 4th day of April,
2006, are as follows:
BY CALOGERO, C.J.:
2005-C -1192
GABRIEL LEWIS, JR. v. SUCCESSION OF MATTHEW JOHNSON, ET AL.
(Parish of St. Landry)
We reverse the judgment of the Court of Appeal. We declare
the tax sale to plaintiff, Gabriel Lewis, as absolute nullity
with regard to Matthew Johnson, Sr., Myrtle Johnson Franklin,
Deola Mae Johnson James and Aaron Perry Johnson, Sr.'s individual
one-fourth interests in the property. We, therefore, annul
the tax sale.
REVERSED.
BY TRAYLOR, J.:
2005-K -0964
STATE OF LOUISIANA v. JACK S. SPEARS (Parish of Lincoln)
(Misapplication of Payments)
For the foregoing reasons, we reverse the ruling of the court
of appeal and remand the case to the court of appeal for consideration
of the defendant's remaining assignments of error pretermitted
on original appeal.
REVERSED AND REMANDED.
BY KNOLL, J.:
2005-K -0779
STATE OF LOUISIANA v. DANNY RAY SHERMAN (Parish of Rapides)
(Possession of a Schedule II Controlled Dangerous Substance
With Intent to Distribute)
The judgment of the court of appeal is reversed and the judgment
of thetrial court is reinstated. This case is remanded to
the trial court for further proceedings consistent with the
views expressed in this opinion.
REVERSED.
JOHNSON, J., dissent.
2005-C -0979
KATHLEEN PUMPHREY v. THE CITY OF NEW ORLEANS C/W DARLENE RIZZUTO
v. THE CITY OF NEW ORLEANS C/W FRED FARVE, JR. v. THE CITY
OF NEW ORLEANS C/W MICHAEL RICKS AND VIVIAN RICKS v. THE CITY
OF NEW ORLEANS C/W BARBARA ELLIS v. THE CITY OF NEW ORLEANS
C/W HERBERT CRAIG v. THE CITY OF NEW ORLEANS C/W A. RAY PIATTOLY
v. THE CITY OF NEW ORLEANS C/W PATRICK MURPHY v. THE CITY
OF NEW ORLEANS C/W IGNATIUS JAMES v. THE CITY OF NEW ORLEANS
(Parish of Orleans)
For the foregoing reasons, we reverse the judgment of the
court of appeal and render declaratory judgment in favor of
defendant, the City of New Orleans.
REVERSED.
BY WEIMER, J.:
2005-CC-1963
JULIA S. MOSS, INDIVIDUALLY AND ON BEHALF OF HER DECEASED
HUSBAND, MICHAEL MOSS, CAITRIN H. MOSS AND SEAN M. MOSS v.
STATE OF LOUISIANA AND STATE OF LOUISIANA THROUGH THE DEPARTMENT
OF TRANSPORTATION AND DEVELOPMENT (Parish of E. Baton
Rouge)
For the reasons expressed above, the decisions of the court
of appealand the district court are reversed. This matter
is remanded to thedistrict court for purposes of conducting
a contradictory hearing,consistent with the guidelines announced
herein, on DOTD's motionpursuant to LSA-R.S. 13:3715.1(B)(5).
REVERSED and REMANDED.
JOHNSON, J., concurs.
PER CURIAM:
2004-OB-1819
IN RE: LILIANA G. ROJAS
(Committee on Bar Admissions)
Accordingly, it ordered that the application by petitioner
seekingpermission to sit for the Louisiana Bar Examination
be and hereby ispermanently denied.
2004-OB-2364
IN RE: VALENTINA LAMONT
(Committee on Bar Admissions)
Accordingly, it ordered that the application by petitioner
seeking permission to sit for the Louisiana Bar Examination
be and hereby is permanently denied.
2005-K -0835
STATE OF LOUISIANA v. KALVIN B. LEE (Parish of Jefferson)
(Armed Robbery)
Accordingly, we recall our order of December 9, 2005, as improvidently
granted, and we deny the State’s application.
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents for the reasons assigned by Victory,
J.
WEIMER, J., dissents for the reasons assigned by Victory,
J.
2005-C -1136 CULPEPPER & CARROLL,
PLLC v. CONNIE D. COLE (Parish of Lincoln)
For the reasons assigned, the judgment of the court of appeal
is hereby reversed. All costs in this court are assessed against
plaintiff.
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