Justia Louisiana Supreme Court Opinion Summaries

Defendant Marcus Reed appealed after being convicted for the murders of three unarmed young brothers. Reed received the death penalty. On direct appeal to the Louisiana Supreme Court, Reed raised fifty alleged errors as grounds to overturn his convictions and sentence. After a "thorough" review of the record, the law, and the evidence, the Supreme Court found no reversible error. Accordingly, the Court affirmed defendant’s first-degree murder convictions and the imposition of the death sentence. View "Louisiana v. Reed" on Justia Law

The issue this case presented for the Louisiana Supreme Court's review was whether the duty to defend in long latency disease cases could be prorated between an insurer and its insured when occurrence-based policies provide coverage for only a portion of the time during which exposure occurred. In the underlying Arceneaux suit, plaintiffs alleged that they suffered hearing loss from exposure to unreasonably loud noise in the course of their work at American Sugar’s refinery in Arabi, Louisiana. Two sets of plaintiffs, the Barbe plaintiffs and the Waguespack plaintiffs, filed suit against American Sugar in 2006. These suits were consolidated with the Arceneaux action, which was filed in 1999 against American Sugar’s predecessor, Tate & Lyle North American Sugars, Inc. This opinion concerned only the Barbe and Waguespack plaintiffs, and not the Arceneaux plaintiffs whose claims had been litigated extensively in the trial court, the court of appeal, and the Louisiana Supreme Court. Continental Casualty Company argued that defense costs should have been prorated among insurers and the insured if there were periods of non-coverage. American Sugar Refining, Inc. claimed that the duty to defend as agreed upon in the policy provided for a complete defense so long as the duty to defend attached, even if some claims fell outside of coverage. The Supreme Court held that the duty to defend should have been prorated in this case based upon policy language. View "Arceneaux v Amstar Corp." on Justia Law

The Judiciary Commission of Louisiana (“Commission”) brought a formal charge against Judge J. Robin Free of the 18th Judicial District Court for the Parishes of Iberville, Pointe Coupee and West Baton Rouge. The charge alleged Judge Free violated the Code of Judicial Conduct and the Louisiana Constitution, Article V, sec. 25(C), in that he interrupted a private meeting between the family members of the victims and members of the District Attorney’s Office, following a hearing in a criminal case before him, and made an inappropriate comment; abused his contempt authority and failed to follow the proper procedures for the punishment of contempt in two cases; and made inappropriate comments in seven criminal cases and exhibited a lack of proper decorum, demeanor, and temperament. After reviewing the recommendation of the Commission and the record, the Louisiana Supreme Court accepted the recommendation of the Commission that Judge Free be suspended without pay for one year and ordered to reimburse the Commission for the costs associated with these proceedings. View "In re Judge J. Robin Free, Eighteenth Judicial Dist. Ct., Parishes of West Baton Rouge, Iberville & Pointe Coupee" on Justia Law

In March 2014, the state charged defendant Dominick Sims by bill of information with one felony count of trafficking of children for sexual purposes, in violation of R.S. 14:46.3. During the course of pretrial proceedings, defendant filed a motion to quash, challenging the constitutionality of R.S. 14:46.3. The trial court ruled the statute unconstitutional, but after review, the Louisiana Supreme Court reversed, specifically finding that the provisions of R.S. 14:46.3(C)(2) were clear and unambiguous and did not conflict with R.S. 14:46.3(A)(1). View "Louisiana v. Sims" on Justia Law

Both of the injured employees in these cases, Charles Morris and Charles Poole, were treated at the Lafayette Bone & Joint Clinic (“LB&J”); Morris was treated by Dr. Louis Blanda and Poole by Dr. John Cobb. Louisiana United Business SIF (“LUBA”), sent letters to LB&J and its doctors stating that LUBA would no longer pay for prescription medications directly dispensed by LB&J and directing LB&J doctors to issue future prescriptions for the instant injured employees that could be filled at local retail pharmacies. Despite these notices and subsequent denials of requests for reimbursement of dispensed prescription medications, LB&J doctors continued to dispense prescription medications to these injured employee patients throughout 2008 and to submit requests for reimbursement to LUBA. LUBA declined payment for these requests, citing its prior notice. LB&J and the treating physicians thereafter filed disputed claim forms with the Office of Workers’ Compensation (OWC), seeking to recover the cost of the medications dispensed, along with penalties and attorney fees. Following a joint trial in these two cases, the OWC judge ruled that the plaintiff/health care providers’ recovery for medications dispensed after the 2008 notice were nonemergency treatment dispensed without consent of the payor. Further, the OWC judge found that no penalties or attorney fees were warranted because LUBA had clearly advised the plaintiff/health care providers that no further reimbursement would be made for prescription medications dispensed by LB&J doctors after the date of the notice. The plaintiff/health care providers appealed, seeking an increase in the amount awarded and an award of penalties and attorney fees. The Louisiana Supreme Court granted writs to review the appellate court decisions, which awarded unreimbursed prescription medication costs beyond the $750 limitation set forth in LSA-R.S. 23:1142(B) and awarded penalties and attorney fees. The Court reversed the appellate court's modification of the amount awarded by the OWC, and affirmed in part, the decision to award penalties and attorney fees. View "LaFayette Bone & Joint Clinic v. Louisiana United Business SIF" on Justia Law

The Judiciary Commission of Louisiana recommended that James J. Best, a judge for the Eighteenth Judicial District, Parishes of Iberville, Pointe Coupee, and West Baton Rouge, be disciplined. The Commission alleged Judge Best committed misconduct and should be suspended for thirty days and ordered to reimburse the costs incurred in the Commission’s investigation and prosecution of this case. Judge Best did not contest the recommendation and, along with the Commission, filed a joint motion urging the Supreme Court to accept and implement the recommendation as a consent discipline. The Supreme Court rejected the joint motion and docketed the case for a full evaluation of the record. After a thorough review of the facts and law in this matter, the Supreme Court found that a fifteen-day suspension, without pay, and reimbursement of costs to be an appropriate sanction. View "In re: Judge James Best, Eighteenth Jud. Dist. Court of Iberville, Pointe Coupee & West Baton Rouge Parishes" on Justia Law

The Judiciary Commission of Louisiana recommended that respondent, Justice of the Peace J. Roosevelt Gremillion, District Seven, Parish of Pointe Coupee, be removed from office and ordered to reimburse to the Judiciary Commission and the Office of Special Counsel the costs incurred in the investigation and prosecution of this case. After conducting an investigation, the Commission filed a formal charge against Justice of the Peace Gremillion alleging that he violated Canons 1, 2A, 2B, 3A(1), 3A(4), and 3A(7) of the Code of Judicial Conduct and engaged in willful misconduct relating to his official duty and persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Specifically, the charge alleged that Justice of the Peace Gremillion rendered a judgment without giving the defendants a meaningful opportunity to be heard, without requiring the plaintiff to present any evidence or sworn testimony, and without giving the defendants written notice of the judgment against them; displayed bias or prejudice throughout the proceedings in favor of the creditor and/or against the defendants’ efforts to defend the claim against them; notarized power of attorney forms when the purported affiants did not appear before him, swear out an oath, or sign the forms in his presence; and used a notary stamp that gave the incorrect impression he was an attorney. After a thorough review of the facts and law in this matter, including the stipulations of material facts and conclusions of law entered into by the respondent and the Office of Special Counsel, the Louisiana Supreme Court found clear and convincing evidence sufficient to support the charge. The Court agreed with the Judiciary Commission's recommendation of discipline that Justice of the Peace Gremillion be removed from office and ordered to reimburse and pay to the Commission the amount of $1,547.43. View "In re: Justice of the Peace J. Roosevelt Gremillion, Dist. Seven, Parish of Pointe Coupee" on Justia Law

After a bench trial, defendant Ashaki Kelly was convicted of molestation of a juvenile and sentenced to fifteen years at hard labor, without benefit of parole, probation, or suspension of sentence. The Supreme Court granted defendant’s writ application to determine whether the evidence presented at trial was sufficient to support his conviction, and whether the court of appeal erroneously vacated defendant’s sentence as illegally lenient on errors patent review. After review, the Supreme Court affirmed that portion of the court of appeal’s ruling which upheld defendant’s conviction. However, the Court found that the court of appeal failed to conduct a proper errors patent review and erred in vacating defendant’s sentence. View "Louisiana v. Kelly" on Justia Law

This matter involved the interpretation and application of the Uniform Local Sales Tax Code (ULSTC). Yesterdays of Lake Charles, Inc. (Yesterdays) and Cowboy’s Nightlife, Inc. (Cowboy’s) were cash-based bars or nightclubs located adjacent to each other in Calcasieu Parish. The clubs were audited in 2009, by the Calcasieu Parish School System Sales and Use Tax Department ("Collector) for years 2005 through 2008, on the basis that the clubs had violated their duties as tax collection agents for the Calcasieu Parish School System. The trial court found ambiguity in the language of the ULSTC requiring the plaintiff nightclubs to “keep and preserve suitable records” of all sales and expenditures. The trial court then found the tax collector had failed to show that the records actually kept by the clubs, in this case, bank statements and deposit slips, were not "suitable records" within the meaning of the ULSTC. The trial court further found the tax collector’s assessment was arbitrary and that the tax collector had failed to establish that its methodology for auditing the taxpayer was proper. Accordingly, the trial court: (1) ordered the tax collector to refund amounts paid under protest by the clubs; (2) determined that prescription had run on the sales taxes for the years 2005 and 2006 for one of the clubs, aside from those taxes admittedly withheld by the clubs; and (3) denied the tax collector’s motion for new trial and awarded attorney fees to the clubs. After its review, the Supreme Court reversed the trial court’s judgment ordering a refund of the taxes and interest paid under protest by the clubs. Furthermore, the Court reversed the trial court’s award of attorney fees. In all other respects, the judgment of the trial court was affirmed, and the matter was remanded to the trial court for further proceedings. View "Yesterdays of Lake Charles, Inc. v. Calcasieu Parish Sales & Use Tax Dept." on Justia Law

The Judiciary Commission of Louisiana recommended that Justice of the Peace Stacie Myers, Pointe Coupee Parish District 4 be removed from office. This recommendation stemmed from the justice of the peace failing to comply with a Supreme Court order to pay a civil penalty for violation of the financial reporting requirements imposed by law, and totally disregarding the actions and legal proceedings connected therewith. The Supreme Court found the record established by clear and convincing evidence that the conduct of the justice of the peace, which was willful and deliberate, violated Canons 1 and 2(A) of the Code of Judicial Conduct, as well as the constitutional standard in La. Const. art. V, sec. 25(C). The Court ordered that she be removed from office, her office be declared vacant, and she be ordered to reimburse and pay the Commission $288 in costs incurred in the investigation and prosecution of this case in addition to any costs and penalties previously imposed. View "In re: Justice of the Peace Stacie P. Myers, Pointe Coupee Paris, District 4" on Justia Law