text:
    Nancy Davis JUDSON, Secretary/Treasurer Hall’s Mortuary, Inc. v. Hall DAVIS, IV, President Hall’s Mortuary, Inc.
    No. 2004-CC-1418.
    Supreme Court of Louisiana.
    June 16, 2004.
   In re Judson, Nancy Davis;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 32,738; to the Court of Appeal, First Circuit, No. 2004 CW 1244.

Denied.


source: Caselaw Access Project

author: CALOGERO, C.J.,

license: Public Domain

text:
    STATE of Louisiana v. Rocky SMITH.
    No. 2004-KK-1519.
    Supreme Court of Louisiana.
    June 17, 2004.
   In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 445-655; to the Court of Appeal, Fourth Circuit, No. 2004-K-0811.

Granted. The lower court’s judgments suppressing the physical evidence found incident to the defendant’s arrest are vacated. See State v. Hill 1997-2551 (La.11/6/98), 725 So.2d 1282.

CALOGERO, C.J.,

would grant and docket for oral argument to .determine if this case is distinguishable from State v. Hill, 97-2551 (La.11/6/98), 725 So.2d 1282, especially in light of the deference that should be given to this trial judge and the court of appeal panel.

JOHNSON, J., would deny the writ.

KNOLL, J., would deny the writ.


text:
    Cynthia BRIDGES, Secretary, Department of Revenue, State of Louisiana v. AUTOZONE PROPERTIES, INC.
    No. 2004-C-0814.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Revenue Dept. of; Louisiana State of;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 490-853; to the Court of Appeal, First Circuit, No. 2003 CA 0492.

Granted.


text:
    Goldie L. LANCLOS v. Edward R. LAMB.
    No. 2004-CC-1004.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Landos, Goldie L.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. L, No. 2003-4241-L; to the Court of Appeal, Third Circuit, No. CW 04-00185.

Granted. The application is remanded to the court of appeal for consideration on the merits. See Kosmitis v. Bailey, 96-1573 (La.10/4/96), 680 So.2d 1167; Barnard v. Barnard, 96-0859 (La.6/24/96), 675 So.2d 734.

KIMBALL, J., would deny the writ.

JOHNSON, J., would deny the writ.

TRAYLOR, J., would deny the writ.


text:
    STATE ex rel. Larry ROBERTSON v. STATE of Louisiana.
    No. 2003-KH-2276.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Robertson, Larry;—Plaintiff; Applying for Motion To Enforce this Court’s order dated September 19, 2003 Parish of Jefferson, 24th Judicial District Court Div. B, No. 01-448; to the Court of Appeal, Fifth Circuit, No. 03-KH-805.

Denied. Moot. The district court has acted.


text:
    STATE ex rel. Throme LACROIX v. STATE of Louisiana.
    No. 2003-KH-0824.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Lacroix, Throme; applying for Reconsideration of this Court’s order dated March 26, 2004; Parish of Orleans, Criminal District Court, Div. K, No. 396-406; to the Court of Appeal, Fourth Circuit, No. 2002-K-2508.

Reconsideration Denied. La. C. Cr. P. art. 930.8; State ex rel. Glover v. State. 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Joshua LATHERS v. STATE of Louisiana.
    No. 2003-KH-856.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Lathers, Joshua; applying for Reconsideration of this Court’s order dated April 2, 2004; Parish of East Baton Rouge, 19th Judicial District Court, Div. C, No. 11-99-418; to the Court of Appeal, First Circuit, No. 2002-KW-2724.

Reconsideration denied.


text:
    JCM CONSTRUCTION COMPANY INC. v. ORLEANS PARISH SCHOOL BOARD. Orleans Parish School Board v. Michael J. Gegg d/b/a JCM Construction Co., Integon Indemnity Corporation, Aetna Casualty & Surety Company, Guy Michael Leppich, in his Capacity as the Natural Tutor of Daniel Leppich, His Minor Son, Barbara Phillips, et al. Integon Indemnity Corporation v. Orleans Parish School Board and Michael J. Gegg.
    No. 2004-C-0059.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Orleans Parish School Board;—Defendant; Applying for Reconsideration of this Court’s action dated April 30, 2004; Parish of Orleans, Civil District Court, Div. M, Nos. 91-10599; 91-12952, 99-8807; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0824, 2003-C-0299, 2003-CA-1077, 2002-CA-0825, 2002-CA0826, 2001-C-1903.

Reconsideration denied.

JOHNSON, J., would grant the writ.

VICTORY, J., would grant the writ.


text:
    Angela R. BROUSSARD v. Rounsey LEE, et al.
    No. 2004-C-1017.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Broussard, Angela R. a/k/a; Roberts, Angela R.;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. K, No. 995746-K; to the Court of Appeal, Third Circuit, No. 03-0453.

.Not considered. Not timely filed. See S.Ct. Rule X, Section 5.


text:
    Carrol J. VINCENT v. Amanda MILLER, et al.
    No. 2004-C-1020.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Vincent, Carrol J.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. B, No. 2001-3871; to the Court of Appeal, Third Circuit, No. 03-1154.

Not considered. Not timely filed.


text:
    JUSTISS OIL COMPANY, INC. v. Leon HANSON. Leon Hanson v. Heirs and Successors of John D. Webster and Isabel Curry Webster.
    No. 2004-CC-1028.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re McCoy, Herbert;—Other; Applying for Supervisory and/or Remedial Writs, Parish of Lasalle, 28th Judicial District Court Div. 0, No. 29,791; to the Court of Appeal, Third Circuit, No. CW 04-00095.

Not considered. Not timely filed. See S.Ct. Rule X, Section 5.


text:
    STATE of Louisiana v. Thomas SWINNER.
    No. 2002-KO-0085.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Swinner, Thomas;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 312915; to the Court of Appeal, First Circuit, No. 2001-KA-0455.

Denied.

JOHNSON, J., would grant the writ.


text:
    STATE ex rel. Gerald HAYNES v. STATE of Louisiana.
    No. 2003-KH-1654.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Haynes, Gerald;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 11-93-45; to the Court of Appeal, First Circuit, No. 2003 KW 0332.

Denied.


text:
    STATE ex rel. Erroll COLA v. STATE of Louisiana.
    No. 2003-KH-1703.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Cola, Erroll;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 00-297; to the Court of Appeal, Fifth Circuit, No. 01-KA-674.

Denied.


text:
    STATE ex rel. Charles D. EMERICH v. STATE of Louisiana.
    No. 2003-KH-1705.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Emerich, Charles D.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Morehouse, 4th Judicial District Court Div. A, Nos. 85-1079, 85-1080, 85-1081; to the Court of Appeal, Second Circuit, No. 37653-KH.

Denied.


text:
    STATE ex rel. Mack Gallow TEZENO v. STATE of Louisiana.
    No. 2003-KH-1706.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Tezeno, Mack Gallow;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. A, No. 98-K-4171; to the Court of Appeal, Third Circuit, No. KH 02-01061.

Denied.


text:
    STATE ex rel. Rodney DONNAUD v. STATE of Louisiana.
    No. 2003-KH-1708.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Donnaud, Rodney;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 01-1924; to the Court of Appeal, Fifth Circuit, No. 03-KH-599.

Denied.


text:
    STATE ex rel. Lamont JOHNSON v. STATE of Louisiana.
    No. 2003-KH-1709.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Johnson, Lamont;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 198,495; to the Court of Appeal, Second Circuit, No. 37614-KH.

Denied.


text:
    STATE ex rel. Joseph BREAUX v. STATE of Louisiana.
    No. 2003-KH-1723.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Breaux, Joseph;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. G, No. 81-66937; to the Court of Appeal, Third Circuit, No. KH 02-01230. Denied. See, e.g., Deloch v. Whitley, 96-1901, p. 1 (La.11/22/96), 684 So.2d 349; see also Coe v. Bell, 161 F.3d 320, 352-55 (6th Cir.1998).


text:
    STATE ex rel. David G. ESCOTT v. STATE of Louisiana.
    No. 2003-KH-1726.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re David G. Escott;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Sabine, 11th Judicial District Court Div. A, No. 49,698; to the Court of Appeal, Third Circuit, No. KH 02-01185.

Denied.


text:
    STATE ex rel. Eddie VIREE v. STATE of Louisiana.
    No. 2003-KH-1727.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Viree, Eddie;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. E, No. 252236; to the Court of Appeal, Third Circuit, No. KH02-00697.

Denied.

KNOLL, J., recused.


text:
    STATE ex rel. Robert HARRISON v. STATE of Louisiana.
    No. 2003-KH-1771.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Harrison, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 390-256; to the Court of Appeal, Fourth Circuit,- No. 2003-K-0841.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Mitchell BROOKS v. STATE of Louisiana.
    No. 2003-KH-1773.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Brooks, Mitchell;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 401-101; to the Court of Appeal, Fourth Circuit, No. 2003-K-0785.

Denied.


text:
    STATE ex rel. Robert ISADORE v. STATE of Louisiana.
    No. 2003-KH-1774.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Isadore, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Acadia, Crowley City Court, No. 31,171; to the Court of Appeal, Third Circuit, No. KH03-587.

Denied. Untimely, not cognizable, and repetitive. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La.C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Michael WASHINGTON v. STATE of Louisiana.
    No. 2003-KH-1775.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Washington, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. G, No. 94 CR1 57525; to the Court of Appeal, First Circuit, No. 2003 KW 0667.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Bartholomess ROBICHAUX v. STATE of Louisiana.
    No. 2003-KH-1776.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Robichaux, Bartholomess;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 407-166; to the Court of Appeal, Fourth Circuit, No. 2003-K-0863.

Denied.


text:
    STATE ex rel. Kevin SANTIAGO v. STATE of Louisiana.
    No. 2003-KH-1777.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Santiago, Kevin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 392-313; to the Court of Appeal, Fourth Circuit, No. 2003-K-0719.

Denied.


text:
    STATE ex rel. Derrick HAYNES v. STATE of Louisiana.
    No. 2003-KH-1778.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Haynes, Derrick;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 354-948; to the Court of Appeal, Fourth Circuit, No. 2003-K-0831.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. James ADAMS v. STATE of Louisiana.
    No. 2003-KH-1779.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Adams, James;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, Nos. 00-3263, 00-5946; to the Court of Appeal, Fifth Circuit, No. 03-KH-570.

Denied.


text:
    STATE ex rel. Jerrod Ashley WILSON v. STATE of Louisiana.
    No. 2003-KH-1853.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Wilson, Jerrod Ashley;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson Davis, 31st Judicial District Court Div. 0, No. CR1883-96; to the Court of Appeal, Third Circuit, No. KH 03-00481.

Denied.


text:
    STATE ex rel. Jerrod A. WILSON v. STATE of Louisiana.
    No. 2003-KH-1858.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Wilson, Jerrod A.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson Davis, 31st Judicial District Court Div. 0, No. CR-869-94; to the Court of Appeal, Third Circuit, No. KH 02-01508.

Denied.


text:
    STATE ex rel. Jerrod A. WILSON v. STATE of Louisiana.
    No. 2003-KH-1859.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Wilson, Jerrod A.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson Davis, 31st Judicial District Court Div. 0, No. CR1883-96; to the Court of Appeal, Third Circuit, No. KH 02-01395.

Denied.


text:
    STATE ex rel. Linton Joseph HIGGINBOTHAM v. STATE of Louisiana.
    No. 2003-KH-1895.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Higginbotham, Linton Joseph;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. C, No. 301051; to the Court of Appeal, First Circuit, No. 2002 KW 2017.

Denied.


text:
    STATE ex rel. Edward D. JORDAN v. STATE of Louisiana.
    No. 2003-KH-1922.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Jordan, Edward D.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 204,712; to the Court of Appeal, Second Circuit, No. 37711-KH.

Denied.


text:
    STATE ex rel. Wilbert MEREDITH v. STATE of Louisiana.
    No. 2003-KH-1949.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Meredith, Wilbert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 369-772; to the Court of Appeal, Fourth Circuit, No. 2003-K-0644.

Denied.


text:
    STATE ex rel. Kevin GEOGHAGAN v. STATE of Louisiana.
    No. 2003-KH-1966.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Geoghagan, Kevin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Sabine, 11th Judicial District Court Div. A, Nos. 43738, 43,738; to the Court of Appeal, Third Circuit, No. KH 02-01160.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE of Louisiana ex rel. Richard GALLEGOS, Jr. v. STATE of Louisiana.
    No. 2003-KP-1992.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Gallegos, Richard Jr.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. M, No. 318-970; to the Court of Appeal, First Circuit, No. 2002 KW 0481.

Denied.


text:
    STATE ex rel. George ROLAND, Jr v. STATE of Louisiana.
    No. 2003-KH-1994.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Roland, George Jr.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. D, No. 139,188; to the Court of Appeal, Second Circuit, No. 37809-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Sam BULLITTS, Jr. v. STATE of Louisiana.
    No. 2003-KH-2038.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Bullitts, Sam Jr.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. A, No. 241002; to the Court of Appeal, Third Circuit, No(s). KH 03-00563, 98,00832, 00-01155.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Chris J. LEBLANC v. STATE of Louisiana.
    No. 2003-KH-2039.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Leblanc, Chris J.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. E, No. 97-753; to the Court of Appeal, Third Circuit, No. KH 03-00025.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE of Louisiana v. Rydell BIENAIME.
    No. 2003-KP-2078.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Bienaime, Rydell;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 97-7617; to the Court of Appeal, Fifth Circuit, No. 03-KH-659.

Denied.


text:
    STATE of Louisiana v. Leonard GOWAN.
    No. 2003-KK-2217.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Gowan, Leonard;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 92-6992; to the Court of Appeal, Fifth Circuit, No. 03-KH-706.

Denied.


text:
    STATE of Louisiana v. Darryl DAVIS.
    No. 2003-KP-2232.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Davis, Darryl;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 99-173; to the Court of Appeal, Fifth Circuit, No. 03-KH-797.

Denied.


text:
    STATE of Louisiana v. Eric V. VALTEAU.
    No. 2003-KP-2249.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Valteau, Eric V.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson Davis, 31st Judicial District Court Div. 0, No. CR-66-99-1; to the Court of Appeal, Third Circuit, No. KW 03-00035.

Denied.


text:
    STATE of Louisiana v. Ted ADDISON.
    No. 2003-KP-2339.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Addison, Ted;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 99-7325; to the Court of Appeal, Fifth Circuit, No. 03-KH-831.

Denied.


text:
    STATE of Louisiana v. Scott WILKINSON.
    No. 2003-KP-2346.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Wilkinson, Scott;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 98-0653; to the Court of Appeal, Fifth Circuit, No. 03-KH-794.

Denied.


text:
    Vincent FABRO v. Rodney RHODES, Warden, Assumption Parish Prison Napoleonville, Louisiana.
    No. 2003-KP-2356.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Fabro, Vincent;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 96-5935; to the Court of Appeal, Fifth Circuit, No. 03-KH-810.

Denied.


text:
    Danny HINTON v. Charles PRICHARD, Warden, Union Parish Detention Center Farmerville, Louisiana.
    No. 2003-KP-2357.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Hinton, Danny;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 99-921; to the Court of Appeal, Fifth Circuit, No. 03-KH-753.

Denied.


text:
    STATE ex rel. Robert ISADORE v. STATE of Louisiana.
    No. 2003-KH-2365.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Isadore, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. B, Nos. 35657, 35527; to the Court of Appeal, Third Circuit, No. KH 03-00406.

Denied. Untimely, not cognizable, and repetitive. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La.C.Cr.P. art. 930.4(D).


text:
    STATE of Louisiana v. Wendell BROWN.
    No. 2003-KP-2405.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Brown, Wendell;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 397-006; to the Court of Appeal, Fourth Circuit, No. 2003-K-1245.

Denied.


text:
    STATE of Louisiana ex rel. Robert COX v. STATE of Louisiana.
    No. 2003-KP-2420.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Cox, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. C, No. 01-157,391; to the Court of Appeal, First Circuit, No. 2003 KW 0945.

Denied.


text:
    STATE ex rel. Brent LACOUR v. STATE of Louisiana.
    No. 2003-KP-2506.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re LaCour, Brent;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Pointe Coupee, 18th Judicial District Court Div. A, No. 65080; to the Court of Appeal, First Circuit, No. 2003 KW 1031.

Denied.

JOHNSON, J., would grant the writ.


text:
    Varnell BOYLSTON v. Bruce TIDWELL, et al.
    No. 2003-CC-2634.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Boylston, Varnell;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. A, No. 445,157; to the Court of Appeal, Second Circuit, No. 36,-730-CW.

Denied.


text:
    STATE of Louisiana v. John ROWELL.
    No. 2003-KP-2701.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Rowell, John;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 97-566; to the Court of Appeal, Fifth Circuit, No. 03-KH-904.

Denied.


text:
    Vanessa LEBEAUD v. The LOUISIANA HEALTH AND HUMAN RESOURCES ADMINISTRATION, Medical Center of Louisiana Formerly Charity Hospital of Louisiana at New Orleans, A Division of the Louisiana Health and Human Resources Administration, et al.
    No. 2004-C-0590.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re LeBeaud, Vanessa;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 93-1868; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1490.

Denied.


text:
    STATE of Louisiana v. Phonesanga PHAYARATH.
    No. 2004-K-0718.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re State of Louisiana;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. A, No. 01-1519; to the Court of Appeal, Third Circuit, No. 03-0838.

Denied. Untimely.


text:
    STATE ex rel. Robert ISADORE v. STATE of Louisiana.
    No. 2004-KH-0732.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Isadore, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. F, No. 32,696; to the Court of Appeal, Third Circuit, No. KH04-92.

Denied. Untimely, not cognizable, and repetitive. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La.C.Cr.P. art. 930.4(D).


text:
    Brenda GANN and Robert Gann v. Tammie L. MATTHEWS, Terrance D. Matthews and Allstate Insurance Company.
    No. 2004-C-0761.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Gann, Brenda et al.; Gann, Robert;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 461,431; to the Court of Appeal, First Circuit, No. 2003 CA 0640.

Denied.


text:
    Shelley W. WEST v. BRUNER HEALTH GROUP, INC., et al.
    No. 2004-C-0913.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Bruner Health Group Inc. et al.; Bruner, Justin; Bruner, Jennifer;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Natchitoches, 10th Judicial District Court Div. B, No. 72,091-B; to the Court of Appeal, Third Circuit, No. 03-152.

Denied.


text:
    OAKWOOD CORPORATE, LLC, et al. v. PRO-COMP, INC. et al.
    No. 2004-C-0925.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Pro-Comp Inc. et al.; Hicks & Associates Inc.; Unionamerica Insurance Co.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. F, Nos. 520-792, 520-812, 520-827; to the Court of Appeal, Fifth Circuit, No. 03-CA-979.

Denied.

CALOGERO, C.J., would grant the writ.


text:
    Jane DOE v. Flavio E. MANRIQUE, Garrett Kosin Damon’s Inc. and ABC Homeowner’s Insurance Co.
    No. 2004-CC-0929.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Garrett Kosin Damon’s Inc.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 481-644; to the Court of Appeal, First Circuit, No. 2003 CW 2474.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

KNOLL, J., would grant the writ.


text:
    Shelley W. WEST v. BRUNER HEALTH GROUP, INC., et al.
    No. 2004-C-0935.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Corporate Resource Management, Inc.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Natch-itoches, 10th Judicial District Court Div. B, No. 72,091; to the Court of Appeal, Third Circuit, No. 03-152.

Denied.


text:
    BROADSCAPE.COM, INC. v. JONES, WALKER, WAECHTER, POITEVENT, CARRERE & DENEGRE, L.L.P. Richard T. Gallagher, Jr., Keith M. Landry, Dionne M. Rousseau, and “ABC” Insurance Company.
    No. 2004-C-0940.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P. et al.; Gallagher, Richard T. Jr.; Landry, Keith M.; Rousseau, Dionne M.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 2001-7293; to the Court of Appeal, Fourth Circuit, No. 2003-CA-0904.

Denied.


text:
    Robert B. KEATY, Thomas S. Keaty and Keaty and Keaty v. Roy A. RASPANTI. Robert B. Keaty, Thomas S. Keaty and Keaty and Keaty v. Roy A. Raspanti.
    No. 2004-C-0941.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Raspanti, Roy A.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 91-20789; to the Court of Appeal, Fourth Circuit, No(s). 2003-CA-1080, 2003-CA-1499.

Denied.


text:
    Robert B. KEATY, Thomas S. Keaty and Keaty and Keaty v. Roy A. RASPANTI. Robert B. Keaty, Thomas S. Keaty and Keaty and Keaty v. Roy A. Raspanti.
    No. 2004-C-0947.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Keaty, Thomas S.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 91-20789; to the Court of Appeal, Fourth Circuit, No(s). 2003-CA-1080, 2003-CA-1499.

Denied.


text:
    A.C. COPELAND v. Luan COPELAND.
    No. 2004-CC-0954.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Hunter, Luan;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 547-189; to the Court of Appeal, Fifth Circuit, No. 04-C-185.

Denied.

KIMBALL, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Douglas N. ZUBERBIER and Brandy Zuberbier v. CONTINENTAL CASUALTY COMPANY, et al.
    No. 2004-C-0974.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Zuberbier, Douglas N. et al.; Zuberbier, Brandy;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. G, No. 2000 1066 G; to the Court of Appeal, Third Circuit, No. 03-669.

Denied.

CALOGERO, C. J., would grant the writ.

KIMBALL, J., would grant the writ.

JOHNSON, J., would grant the writ.


text:
    Mary L. QUINN v. RISO INVESTMENTS, INC.; United Fire & Casualty Company; Lafayette Insurance Company; Sol Mayer; and United Services Automobile Association.
    No. 2004-C-0987.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Riso Investments Inc. et al.; United Fire & Casualty Company; Lafayette Insurance Company;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 00-13186; to the Court of Appeal, Fourth Circuit, No. 2003-CA-0903.

Denied.

KNOLL, J., would grant the writ.


text:
    Gai NGUYEN v. Wing Ming FOK and State Farm Mutual Automobile Insurance Company.
    No. 2004-C-0996.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Fok, Wing Ming et al.; State Farm Mutual Automobile Insurance Company;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 82211; to the Court of Appeal, Fifth Circuit, No. 03 CA 744.

Denied.

TRAYLOR, J., would grant the writ.


text:
    Ben THOMAS v. The ALABAMA GREAT SOUTHERN RAILROAD COMPANY and The Board of Commissioners for the Port of New Orleans.
    No. 2004-C-1000.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Thomas, Ben;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 94-16333; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1579.

Denied.


text:
    Mamta Pani RAO v. Maheswar RAO.
    No. 2004-C-1011.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Rao, Maheswar;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Family Court for the Parish of East Baton Rouge, No. 141,912; to the Court of Appeal, First Circuit, No. 2008 CA 1086.

Denied.

CALOGERO, C.J., would grant the writ.

KNOLL, J., would grant the writ.


text:
    David W. HALL v. Harold REBER, Progressive Insurance Company, et al.
    No. 2004-C-1012.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Reber, Harold et al.; Progressive Insurance Co.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. D, No. 2002-4577; to the Court of Appeal, Third Circuit, No. 03-1482.

Denied.

KIMBALL, J., would grant the writ.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    David CHAPMAN, et al. v. SAFEWAY INSURANCE COMPANY, et al. Mae Bell Hanchett, et al. v. Safeway Insurance Company, et al.
    No. 2004-CC-1013.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Chapman, David et al.; Chapman, Serena; Hanchett, Mae Bell;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, Nos. 03-C-0903, 03-C-0904; to the Court of Appeal, Third Circuit, No. CW 03-01715.

Denied.


text:
    CHAILLAND, INCORPORATED v. Keith CHAISSON.
    No. 2004-CC-1015.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Chailland, Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 594-785; to the Court of Appeal, Fifth Circuit, No. 03-C-1354.

Denied.


text:
    John JOHNSON, et al. v. ORLEANS PARISH SCHOOL BOARD, et al.
    No. 2004-CC-1016.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Housing Authority of New Orleans;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 93-14333, 94-5446, 94-12996, 95-13271; to the Court of Appeal, Fourth Circuit, No(s). 2003-C-1399, 2003-C-1400, 2003-C-1401.

Denied.


text:
    John JOHNSON, et al. v. ORLEANS PARISH SCHOOL BOARD, et al.
    No. 2004-CC-1018.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Orleans Parish Sch. Bd. et al.—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, Nos. 93-14333, 94-5446, 94-12996, 95-13271; to the Court of Appeal, Fourth Circuit, No(s). 2003-C-1401, 2003-C-1399, 2003-C-1400.

Denied.


text:
    HIBERNIA NATIONAL BANK, as Trustee of the Blossman Group Trust v. Kenneth KUEBEL.
    No. 2004-C-1030.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Kuebel, Kenneth;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. B, No. 377,828; to the Court of Appeal, Fifth Circuit, No. 03-CA-1131.

Denied.


text:
    Jay Anthony DUHON, et al. v. Dean Peter DUHON, et al.
    No. 2004-C-1033.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Duhon, Jay Anthony et al.; Duhon, David Thomas; Duhon, Marlisa Tortorici; Backwater Golf Club Inc.;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. B, No. 981104-B; to the Court of Appeal, Third Circuit, No. 03-898.

Denied.


text:
    STATE of Louisiana v. Eric SMITH.
    No. 2004-KK-1044.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Smith, Eric;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. C, No. 2002-554; to the Court of Appeal, Fifth Circuit, No. 04-K-231.

Denied.


text:
    Virginia Ann MADISON v. Willie J. MADISON, Sr.
    No. 2004-C-1045.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Madison, Virginia Ann;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Mary, 16th Judicial District Court Div. B, No. 109,027; to the Court of Appeal, First Circuit, No. 2003 CA 1072.

Denied.


text:
    Amy Irene BILYEU, et al. v. PARADE GROUP, LLC, et al.
    No. 2004-C-1046.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Bilyeu, Amy Irene et al.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 493-381; to the Court of Appeal, First Circuit, No. 2003 CA 0663.

Denied.


text:
    Richard GARDACHE v. CITY OF NEW ORLEANS.
    No. 2004-C-1047.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Gardache, Richard;—Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District-7, No. 00-09971; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1286.

Denied.

KNOLL, J., would grant the writ.


text:
    Malvin BENOIT, Rickie Benoit, Chris A. Benoit, Karen B. Baulfield, Pamela B. Danos, Marlene B. Babin and Cheryl B. Morvent, Individually and on Behalf of Decedent, Junius J. Benoit v. INTRACOASTAL TUBULAR SERVICES, INC., HUB City Iron Works, Inc.; Brown & Root, Inc.; Amereda Hess Corporation; Amoco Production Company; Arco Oil & Gas Company, et al.
    No. 2004-CC-1056.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Benoit, Malvin et al.; Benoit, Rickie; Benoit, Chris A.; Baulfield, Karen B.; Danos, Pamela B.; Babin, Marlene B.; Morvant, Cheryl B.;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2001-21094; to the Court of Appeal, Fourth Circuit, No. 2003-C-2061.

Denied.


text:
    Rachel S. MEADOWS, Individually and as Natural Tutrix and Administratrix of Her Minor Daughter, Hailey Pons v. CROSS GATES, INC. the State of Louisiana Through the Department of Transportation and Development, the Parish of St. Tammany Through the Department of Public Works, and Evenflo Company, Inc.
    No. 2004-C-1060.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Meadows, Rachel S. et al.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. C, No. 98-13043; to the Court of Appeal, First Circuit, No. 2003 CA 1408.

Denied.


text:
    Cynthia BRIDGES, Secretary Department of Revenue v. HOUSTON’S RESTAURANTS, INC., d/b/a Houston’s Restaurant.
    No. 2004-CC-1061.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Bridges, Cynthia Secretary Dept. Revenue; Revenue Department of;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 688-264; to the Court of Appeal, Fifth Circuit, No. 04-C-161.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    POWELL INSURANCE AGENCY, INC. v. Michael DIRMANN.
    No. 2004-C-1062.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Powell Insurance Agency, Inc.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. L, No. 590-526; to the Court of Appeal, Fifth Circuit, No. 03-CA-1177.

Denied.


text:
    Ricky LANDRY, et al. v. SOLOCO, LLC, et al.
    No. 2004-C-1064.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Landry, Ricky Dean James; Landry, Cynthia Kay Doucet; Supreme Contractors, Inc.; Gray Ins., Co.;— Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Cameron, 38th Judicial District Court Div. 0, No. 10-15414; to the Court of Appeal, Third Circuit, No. CA 03-1337.

Denied.

CALOGERO, C.J., would grant the writ.


text:
    STEWART CONSTRUCTION COMPANY, INC. v. LAFAYETTE INSURANCE COMPANY.
    No. 2004-CC-1065.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Stewart Construction Company, Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 592-741; to the Court of Appeal, Fifth Circuit, No. 04-C-143.

Denied.


text:
    The GRAY INSURANCE COMPANY v. OLD TYME BUILDERS, INC. and Zurich Insurance Companies.
    No. 2004-C-1067.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Gray Insurance Company;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 99-13700; to the Court of Appeal, First Circuit, No. 2003 CA 1136.

Denied.


text:
    Joyce WOODS v. The CITY OF NEW ORLEANS and the Regional Transit Authority.
    No. 2004-C-1068.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Regional Transit Authority;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. G, No. 99-02426; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1776.

Denied.

VICTORY, J., would grant the writ.


text:
    Walter E. JAMES, et al. v. MAISON ORLEANS II, INC., et al.
    No. 2004-CC-1217.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Barbee, Peter A.; Barbee & Associates;—Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 2001-9700; to the Court of Appeal, Fourth Circuit, No. 2004-C-0673.

Denied.


text:
    STATE of Louisiana v. Boisey BEVERLY Jr.
    No. 2004-KH-1271.
    Supreme Court of Louisiana.
    June 18, 2004.
   In re Beverly, Boisey Jr.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 11-03-152; to the Court of Appeal, First Circuit, No. 2004 KW 0384.

Denied.


text:
    William Payton DOHERTY, Jr. v. Gary LITTLETON.
    No. 2004-CC-1564.
    Supreme Court of Louisiana.
    June 23, 2004.
   In re Littleton, Gary;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. 0, No. 2000-1940; to the Court of Appeal, Third Circuit, No. CW 04-00836.

Stay denied. Writ denied.


text:
    STATE of Louisiana v. Samuel Lance VERRETT.
    No. 2004-KK-1530.
    Supreme Court of Louisiana.
    June 23, 2004.
   In re Verrett, Samuel Lance;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. D, No. 03-0532; to the Court of Appeal, Fifth Circuit, No. 04-K-491.

Writ denied. If, however, trial on June 28, 2004 is again continued over the objection of the defense, the trial court is ordered to conduct an evidentiary hearing in accordance with La.C.Cr.P. art. 701 to revisit the issue of whether defendant should be released from custody.

VICTORY, J., would deny the writ.

TRAYLOR, J., would deny the writ.


text:
    TERREBONNE PARISH SCHOOL BOARD v. CASTEX ENERGY, INC. Samson Hydrocarbons Company, Bois D’Arc Corporation, Fina Oil & Chemical Company, Samson Resources Company.
    No. 2004-C-0968.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Samson Hydrocarbons Co.; Bois D’Arc Corp.; Samson Resources Co.;—Defendant(s); Applying for Writ of Certio-rari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 126,752; to the Court of Appeal, First Circuit, No. 2001 CA 2634.

Granted.

TRAYLOR, J., recused.


text:
    In re Sean O. LAUGHLIN.
    No. 2004-OB-1510.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Laughlin, Sean O.;—Plaintiff; Applying for Permission to Take Bar Examination.

Granted. Petitioner is allowed to take the Louisiana State Bar Examination in July 2004. Upon satisfactorily passing the examination, petitioner may apply to this Court for the appointment of a commissioner in accordance with Supreme Court Rule XVII, Section 9, to take evidence and report to this Court as to whether petitioner has the appropriate character and fitness to be admitted to the bar and allowed to practice law in the State of Louisiana.


text:
    In re Billy Gene WATLEY and Amy E. Watley.
    No. 2001-B-1775.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Billy Gene Watley and Amy E. Watley, applying for rehearing of this Court’s Order dated December 7, 2001; Office of the Disciplinary Board, No. 00-DB-041.

Application for rehearing not considered. This court’s judgment in In re: Watley, 01-1775 (La.12/7/01), 802 So.2d 593, is final and definitive. See Supreme Court Rule XIX, § 26(E); La.Code Civ. P. art. 2167.


text:
    STATE ex rel. Joseph SIAS v. STATE of Louisiana.
    No. 2003-KH-0920.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Sias, Joseph;—Plaintiffs); Applying for Reconsideration of this Court’s order dated April 23, 2004; Parish of Jefferson, 24th Judicial District Court Div. H, No. 95-2756; to the Court of Appeal, Fifth Circuit, No. 03-KH-244.

Reconsideration denied.


text:
    STATE ex rel. Reginald ANDREWS v. STATE of Louisiana.
    No. 2003-KH-1049.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Andrews, Reginald;—Plaintiff (s); Applying for Reconsideration of this Court’s order dated April 30, 2004; Parish of St. Landry, 27th Judicial District Court Div. B, No. 36-438.

Reconsideration denied.


text:
    STATE ex rel. Claude E. WOODS v. STATE of Louisiana.
    No. 2003-KH-1319.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Claude E. Woods, applying for Reconsideration of this court’s action dated May 7, 2004, from Parish of West Feliciana, 20th Judicial District Court Div. A, No. 75-2-61.

Reconsideration denied.


text:
    STATE ex rel. Jerome NORMAN v. STATE of Louisiana.
    No. 2003-KH-1417.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Norman, Jerome;—Plaintiff; Applying for Reconsideration of this Court’s action dated April 30, 2004, Parish of Jefferson, 24th Judicial District Court, Div. I, No. 91-1679; to the Court of Appeal, Fifth Circuit, No. 03-KH-342.

Reconsideration denied.


text:
    STATE ex rel. Warren L. JORDAN v. STATE of Louisiana.
    No. 2003-KH-2312.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Jordan, Warren L.;—Plaintiff; Applying for Reconsideration of this Court’s action dated May 14, 2004, Parish of Jefferson, 24th Judicial district Court Div. M, No. 01-5718; to the Court of Appeal, Fifth Circuit, No. 03-KH-874.

Reconsideration denied.


text:
    Vienna HURT v. William J. BARROIS.
    No. 2004-C-1108.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Barrois, William;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. J, No. 93-2707; to the Court of Appeal, Third Circuit, No. OB-1179.

Not considered. Not timely filed.


text:
    In re Appeal of DECISION OF DISCIPLINARY BOARD NO. 02-PDB-062
    No. 2002-OB-2650.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Todd, Pat S., Jr.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-062.

Leave to appeal denied.


text:
    STATE ex rel. Richard MOHOGANY v. STATE of Louisiana.
    No. 2004-KP-0454.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Mohogany, Richard;—Plaintiff; Applying for Rehearing of this Court’s action dated March 26, 2004, Parish of Orleans, Criminal District Court Div. “C”, No. 251-479.

Rehearing denied.

JOHNSON, J., would grant the rehearing.


text:
    STATE ex rel. Albert REY v. STATE of Louisiana.
    No. 2004-KP-0455.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Rey, Albert;—Plaintiff; Applying for Rehearing of this Court’s action dated March 26, 2004, Parish of Orleans, Criminal District Court Div. “E”, No. 248-426.

Rehearing denied.

JOHNSON, J., would grant the rehearing.


text:
    STATE ex rel. Andre EVANS v. STATE of Louisiana.
    No. 2003-KH-1177.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Evans, Andre;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 1-97-219; to the Court of Appeal, First Circuit, No. 2002 KW 2619.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; see also State ex rel. Hall v. State, 99-0326 (La.9/24/99), 871 So.2d 1071.

WEIMER, J., recused.


text:
    STATE ex rel. Jason B. SMITH v. STATE of Louisiana.
    No. 2003-KH-1724.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Smith, Jason B.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. A, No. 252236; to the Court of Appeal, Third Circuit, No. KH 02-01249.

Denied.


text:
    STATE ex rel. Dominic LEBOUEF v. STATE of Louisiana.
    No. 2003-KH-1825.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re LeBouef, Dominic;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. B, No. 310,884; to the Court of Appeal, First Circuit, No. 98 KA 2511.

Denied. Repetitive. C.f. La.C.Cr.P. art. 930.4(D).

WEIMER, J., recused.


text:
    STATE ex rel. Marjorie Ann BRAGGS v. STATE of Louisiana.
    No. 2003-KH-1851.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Marjorie Ann Braggs;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Natchitoches, 10th Judicial District Court Div. B, No. 89249; to the Court of Appeal, Third Circuit, No. KH 03-00396.

Denied. See e.g., Deloch v. Whitley, 96-1901, p. 1 (La.11/22/96), 684 So.2d 349; see also Coe v. Bell, 161 F.3d 320, 352-55 (6th Cir.1998).


text:
    STATE ex rel. David L. LIGHTSEY, Sr. v. STATE of Louisiana.
    No. 2003-KH-1878.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Lightsey, David L. Sr.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. E, No. 99-151,952; to the Court of Appeal, First Circuit, No. 2003-KW-382.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Gary BROOKS v. STATE of Louisiana.
    No. 2003-KH-1880.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Brooks, Gary;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, No. 97K4980; to the Court of Appeal, Third Circuit, No. KH 02-01168.

Denied.


text:
    STATE ex rel. Ragille DUPLESSIS v. STATE of Louisiana.
    No. 2003-KH-1898.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Duplessis, Ragille; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 390-895; to the Court of Appeal, Fourth Circuit, No. 2003-K-0716.

Denied.


text:
    STATE ex rel. Andre JONES v. STATE of Louisiana.
    No. 2003-KH-1899.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Jones, Andre;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lasalle, 28th Judicial District Court Div. O, No. 57,377; to the Court of Appeal, Third Circuit, No. KH-02-01055.

Denied.


text:
    STATE ex rel. Charles BENTON v. STATE of Louisiana.
    No. 2003-KH-1900.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Benton, Charles;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 91,857; to the Court of Appeal, First Circuit, No. 2003 KW 1057.

Denied.


text:
    STATE ex rel. Gabriel BENNETT v. STATE of Louisiana.
    No. 2003-KH-1909.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Bennett, Gabriel; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. D, No. 00-0346; to the Court of Appeal, Fifth Circuit, No. 03-KA-19.

Denied.


text:
    STATE ex rel. Theodore Scott SMITH v. STATE of Louisiana.
    No. 2003-KH-1913.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re State of Louisiana;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 274151; to the Court of Appeal, First Circuit, No. 03-KW-408.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Herbert BATISTE v. STATE of Louisiana.
    No. 2003-KH-1914.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Batiste, Herbert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 392-175; to the Court of Appeal, Fourth Circuit, No. 2003 K 0771.

Denied. La.C.Cr.P. art. 930.3; State ex rel Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Sidney MARK v. STATE of Louisiana.
    No. 2003-KH-1915.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re State of Louisiana; —Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. E, No. 00-CRI-79868; to the Court of Appeal, First Circuit, No. 02-KA-2462.

Denied.


text:
    STATE ex rel. Johnell DEMPSEY v. STATE of Louisiana.
    No. 2003-KH-1917.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Dempsey, Johnell;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 428-378; to the Court of Appeal, Fourth Circuit, No. 2002-KA-1867.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Jerry HAMLIN v. STATE of Louisiana.
    No. 2003-KH-1974.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Hamlin, Jerry;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 413-063; to the Court of Appeal, Fourth Circuit, No. 2003-K-0862.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Johnnie L. JAMES v. STATE of Louisiana.
    No. 2003-KH-1975.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re James, Johnnie;—Plaintiff; Applying for Supervisory and/or Remedial Writ, Parish of Ouachita, 4th Judicial District Court Div. E, No. 49,625; to the Court of Appeal, Second Circuit, No. 37649-KH.

Denied. See, e.g., Deloch v. Whitley, 96-1901, p. 1 (La.11/22/96), 684 So.2d 349; see also Coe v. Bell, 161 F.3d 320, 352-55 (6th Cir.1998)


text:
    STATE ex rel. Carmen CASTENEDA v. STATE of Louisiana.
    No. 2003-KH-1995.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Casteneda, Carmen;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 229587.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Damon BAKER v. STATE of Louisiana.
    No. 2003-KH-1996.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Baker, Damon;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. E, No. 58,944; to the Court of Appeal, Second Circuit, No. 37752-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Darryl EVERSON v. STATE of Louisiana.
    No. 2003-KH-2040.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Everson, Darryl;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 00-7154; to the Court of Appeal, Fifth Circuit, No. 03-KH-677.

Denied.


text:
    STATE ex rel. Roy Carroll PAULK v. STATE of Louisiana.
    No. 2003-KH-2044.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Paulk, Roy C.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, Nos. 89-641, 90-419.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Darrin KENNY v. STATE of Louisiana.
    No. 2003-KH-2049.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Kenny, Darrin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, Nos. 385-743, 387-734; to the Court of Appeal, Fourth Circuit, No. 2003-K-0753.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Ronnie D. HAYES v. STATE of Louisiana.
    No. 2003-KH-2064.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Hayes, Ronnie D.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 138,722; to the Court of Appeal, Second Circuit, No. 37829-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694


text:
    STATE ex rel. Robert Kevin MCCARTNEY v. STATE of Louisiana.
    No. 2003-KH-2069.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re McCartney, Robert Kevin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. F, No. 234,925; to the Court of Appeal, Third Circuit, No. KH 03-00586.

Denied.


text:
    STATE ex rel. Michael HITE v. STATE of Louisiana.
    No. 2003-KH-2081.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Hite, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 327-462; to the Court of Appeal, Fourth Circuit, No. 2003-K-1005.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. John WIELAND v. STATE of Louisiana.
    No. 2003-KH-2086.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Wieland, John;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. 0, No. 86-873; to the Court of Appeal, Fifth Circuit, No. 03-KH-633.

Denied.


text:
    STATE ex rel. Tremell CONDOLL v. STATE of Louisiana.
    No. 2003-KH-2087.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Condoll, Tremell;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, Nos. 425,419, 418,168; to the Court of Appeal, Fourth Circuit, No. 2003-K-0941.

Denied.


text:
    STATE ex rel. Gary LEROUX v. Burl CAIN, Warden, Louisiana State Prison Angola, Louisiana.
    No. 2003-KP-2384.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Leroux, Gary;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. A, No. 92-4771; to the Court of Appeal, Fifth Circuit, No. 2003-KH-709.

Denied.


text:
    Roy W. HALL and Helen Hall v. The FOLGER COFFEE COMPANY and XYZ Insurance Company. The Folger Coffee Company v. Roy W. Hall and Helen Hall.
    No. 2003-C-3416.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Folger Coffee Company;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. A, Nos. 95-15166, 96-18775; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0920, 2002-CA-0921.

Writ denied. Plaintiffs’ judgment against defendant Folger, which gave rise to the appeal and the court of appeal judgment concerning which relator seeks writs, has been nullified. Accordingly, the application is moot.


text:
    STATE of Louisiana v. Anthony YOUNG.
    No. 2004-K-0307.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Young, Anthony;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of West Feliciana, 20th Judicial District Court Div. A, No. 01-6-000393; to the Court of Appeal, First Circuit, No. 2002 KA 2464.

Denied.


text:
    STATE of Louisiana v. Richard Blake PENDERGRAST.
    No. 2004-K-0310.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Pendergrast, Richard Blake;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 346,507; to the Court of Appeal, First Circuit, No. 2003 KA 1075.

Denied.


text:
    STATE of Louisiana v. Lashonda DAVIS.
    No. 2004-K-0335.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Davis, Lashonda;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 2-01-415; to the Court of Appeal, First Circuit, No. 2003 KA 0548.

Denied.


text:
    STATE of Louisiana v. Cameron L. EMANUEL-DUNN.
    No. 2004-KO-0339.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Emanuel-Dunn, Cameron L.;—Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 5-01-188; to the Court of Appeal, First Circuit, No. 2003 KA 0550.

Denied.


text:
    STATE of Louisiana v. Nathaniel LAGARDE.
    No. 2004-KO-0340.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Lagarde, Nathaniel;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. E, No. 380-685; to the Court of Appeal, Fourth Circuit, No. 2003-KA-0606.

Denied.


text:
    STATE of Louisiana v. Christopher ROSS.
    No. 2004-KO-0376.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Ross, Christopher;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. G, No. 260,431; to the Court of Appeal, Third Circuit, No. 03-0564.

Denied.


text:
    STATE of Louisiana v. Clent SMITH.
    No. 2004-KO-0380.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Smith, Clent;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 00-1084; to the Court of Appeal, Fifth Circuit, No. 03-KA-786.

Denied.


text:
    STATE of Louisiana v. Kenneth ROBICHEAUX.
    No. 2004-KO-0381.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Robicheaux, Kenneth;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 01-2469; to the Court of Appeal, Fifth Circuit, No. 03-KA-1063.

Denied.


text:
    STATE of Louisiana v. Daniel PERRILLOUX.
    No. 2004-KO-0418.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Perrilloux, Daniel;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Charles, 29th Judicial District Court Div. D, No. 00-0423; to the Court of Appeal, Fifth Circuit, No. 03-KA-0917.

Denied.


text:
    STATE of Louisiana v. Clent SMITH.
    No. 2004-KO-0419.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Smith, Clent;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 00-1084; to the Court of Appeal, Fifth Circuit, No. 03-KA-786.

Denied.


text:
    STATE of Louisiana v. Glenn Leo WILLIAMS.
    No. 2004-K-0438.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Williams, Glenn Leo;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. B, No. 378-491; to the Court of Appeal, Fourth Circuit, No. 2003-KA-0091.

Denied.


text:
    STATE of Louisiana v. Jason REBARDI.
    No. 2004-KO-0439.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Rebardi, Jason;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Mary, 16th Judicial District Court Div. A, No. 99-152905; to the Court of Appeal, First Circuit, No. 2003 KA 0010.

Denied.


text:
    STATE of Louisiana v. Eddie DARANDER.
    No. 2004-KO-0441.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Darander, Eddie;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 1-02-603; to the Court of Appeal, First Circuit, No. 2003 KA 1089.

Denied.


text:
    STATE of Louisiana v. Romalis A. HARTWELL.
    No. 2004-K-0448.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Hartwell, Romalis A.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. F, No. 02-5117; to the Court of Appeal, Fifth Circuit, No. 03-KA-1214.

Denied.


text:
    STATE of Louisiana v. Charles STEWART.
    No. 2004-K-0449.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Stewart, Charles;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. John, 40th Judicial District Court Div. C, No. 99-567; to the Court of Appeal, Fifth Circuit, No. 03-KA-920.

Denied.


text:
    STATE of Louisiana v. Calvin WILLIAMS.
    No. 2004-K-0450.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Williams, Calvin;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, ■ 24th Judicial District Court Div. E, No. 00-5850; to the Court of Appeal, Fifth Circuit, No. 03-KA-942.

Denied.


text:
    STATE of Louisiana v. Edward REAUX.
    No. 2004-K-0466.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Reaux, Edward;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. A, No. 419-039; to the Court of Appeal, Fourth Circuit, No. 2003-KA-1346.

Denied.

CALOGERO, C.J., would grant the writ.


text:
    STATE of Louisiana v. Samuel S. MURRAY.
    No. 2004-K-0470.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Murray, Samuel S.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 429-147; to the Court of Appeal, Fourth Circuit, No. 2003-KA-1216.

Denied.


text:
    STATE of Louisiana v. Marvin Earl GARRETT.
    No. 2004-K-0475.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Garrett, Marvin Earl;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Desoto, 11th Judicial District Court Div. B, No. 027699; to the Court of Appeal, Second Circuit, No. 38,-069-KA.

Denied.


text:
    Floyd BOONE, Jr. v. MID-STATE MARKETING.
    No. 2004-C-0878.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Mid-State Marketing et al.; Louisiana Restaurant Association Self Insurers Fund;—Defendant(s); Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 02, No. 02-03751; to the Court of Appeal, Third Circuit, No. 03-1032.

Denied.

VICTORY, J., would grant the-writ.

TRAYLOR, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    LAKELAND ANESTHESIA, INC. v. UNITED HEALTHCARE OF LOUISIANA, INC.
    No. 2004-C-0969.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re United Healthcare of Louisiana Inc.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 00-03179; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1662.

Denied.


text:
    LAKELAND ANESTHESIA, INC. v. UNITED HEALTHCARE OF LOUISIANA, INC.
    No. 2004-C-0972.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Lakeland Anesthesia Inc.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 00-03179; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1662.

Denied.


text:
    In re HARVEY TERM LITIGATION.
    No. 2004-CC-1008.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Kerr-McGee Oil & Gas Corporation;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 2001-8708; to the Court of Appeal, Fourth Circuit, No. 2004-C-0007.

Denied.


text:
    MERITPLAN INSURANCE COMPANY v. Anthony DESALVO and Allstate Insurance Company.
    No. 2004-C-1009.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Meritplan Insurance Company;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 2000-19309; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1493.

Denied.

CALOGERO, C.J., would grant the writ.

JOHNSON, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    Roxanna B. RASTEGAR v. MAGNOLIA SCHOOL, INC.
    No. 2004-CC-1014.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Rastegar, Roxanna B.; — Plaintiff; Applying for Supervisory and/or Remedial Writs Office of Workers’ Comp. Dist. 7, No. OWC #01-06522; to the Court of Appeal, Fifth Circuit, No. 04-C-337.

Denied.

JOHNSON, J., would grant the writ.


text:
    Gloria LOUSTEAU v. K-MART CORPORATION.
    No. 2004-C-1027.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re K-Mart Corporation; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. C, No. 551-839; to the Court of Appeal, Fifth Circuit, No. 03-CA-1182.

Denied.


text:
    Sunday GUIDRY, et al. v. THE GATES CORPORATION, et al.
    No. 2004-C-1048.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Gates Corporation et al.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. G, No. 98-71852; to the Court of Appeal, Third Circuit, No. 03-1110.

Denied.

VICTORY, J., would grant the writ.


text:
    HUGO BERRIOS & SONS (HB & S), LTD. v. MULATE’S OF NEW ORLEANS, INC. et al.
    No. 2004-CC-1049.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Muíate s of New Orleans Inc. et al.; Boutte . Restaurant Corp.; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. H, No. 97-1441; to the Court of Appeal, Fourth Circuit, No. 2004-C-0106.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Lomaine FILOGENE, Individually and on Behalf of Her Minor Child, Ashley Filogene v. Victor BROWN, M.D. and ABC Insurance Company.
    No. 2004-C-1050.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Filogene, Lomaine et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. A, No. 99-17920; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1451.

Denied.

CALOGERO, C.J., would grant the writ.

VICTORY, J., would grant the writ.

KNOLL, J., would grant the writ.


text:
    STATE of Louisiana v. John Blake STANFORD. Jade Oniel Dubois.
    No. 2004-KK-1070.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Sanford, John Blake et al.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. C, Nos. 2003 CL 37, 2003 CL 38, 2003 CL 39, 2003 CL 40, 2003 CL 41, 2003 CL 42; to the Court of Appeal, Third Circuit, No. KW 03-01453.

Denied.


text:
    STATE of Louisiana v. John Blake STANFORD. Jade Oniel Dubois.
    No. 2004-KK-1071.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Dubois, Jade Oniel; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. C, Nos. 2003 CL 37, 2003 CL 38, 2003 CL 39, 2003 CL 40, 2003 CL 41, 2003 CL 42; to the Court of Appeal, Third Circuit, No. KW 03-01453.

Denied.


text:
    LOUISIANA SAFETY ASSOCIATION OF TIMBERMEN v. Harry MARIONNEAUX dba Harry Marionneaux Logging.
    No. 2004-CC-1072.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Marionneaux, Harry d/b/a; Harry Marionneaux Logging; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div. 0, No. 36881; to the Court of Appeal, Second Circuit, No. 38814-CW.

Denied.


text:
    BILOXI MARSH LANDS CORPORATION v. THE MABEL ISABEL MOLERO QUATROY REVOCABLE LIVING TRUST, et al.
    No. 2004-CC-1073.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re LAC Real Estate Holdings L.L.C.; Carma Holdings L.L.C.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. E, Nos. 94-648, 95-784; to the Court of Appeal, Fourth Circuit, No. 2004-C-0360.

Denied.


text:
    Julie B. D’AQUILLA v. Samuel C. D’AQUILLA.
    No. 2004-C-1083.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re D’Aquilla, Samuel C.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of East Feliciana, 20th Judicial District Court Div. B, No. 33,310; to the Court of Appeal, First Circuit, No. 2003 CU 2212.

Denied.


text:
    COFFEE BAY INVESTORS, L.L.C. v. W.O.G.C. COMPANY.
    No. 2004-C-1084.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Coffee Bay Investors, L.L.C.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. E, No. 125,680; to the Court of Appeal, First Circuit, No. 2003-CA-0406.

Denied.


text:
    Chad LAPOINT, and Constance A. Lapoint, Individually, and on Behalf of the Minor Child, Alexander Lapoint v. Jason SMITH, and Louisiana Farm Bureau Casualty Insurance Company.
    No. 2004-C-1085.
    Supreme Court of Louisiana.
    June 25, 2004.
   In' re Lapoint, Chad et al.; Lapoint, Constance A.; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Cameron, 38th Judicial District Court Div. 0, Nos. 10-15099, 10-15350, 10-15363; to the Court of Appeal, Third Circuit, No. CA 03-692.

Denied.


text:
    Mario SCRAMUZZA v. RIVER OAKS INC., d/b/a River Oaks Hospital and ABC Insurance Company.
    No. 2004-C-1088.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re River Oaks Inc., d/b/a; River Oaks Hospital; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, No. 560-261; to the Court of Appeal, Fifth Circuit, No. 08-CA-959.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    Marilyn VIRGIS v. VIDALIA APPAREL.
    No. 2004-C-1090.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Virgis, Marilyn; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation #2, No. 02-05164; to the Court of Appeal, Third Circuit, No. 03-1132.

Denied.


text:
    Judi ABRUSLEY, et al. v. CENTENNIAL CELLULAR CORPORATION, et al.
    No. 2004-CC-1097.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Abrusley, Judi et al.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Allen, 33th Judicial District Court Div. B, No. 99-380; to the Court of Appeal, Third Circuit, No. CW 04-00058.

Denied.

TRAYLOR, J., recused.


text:
    Alison K. SKAMANGAS v. Larry STOCKTON, et al.
    No. 2004-C-1099.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Skamangal, Alison K.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. E, No. 109,311; to the Court of Appeal, Second Circuit, No. 37,-996-CA.

Denied.


text:
    Patrick M. LASALLE v. THE CANNATA CORPORATION.
    No. 2004-C-1100.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re LaSalle, Patrick M.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Mary, 16th Judicial District Court Div. A, No. 109,241; to the Court of Appeal, First Circuit, No. 2003-CA-0954.

Denied.


text:
    Myrtis GARNER v. BROOKSHIRE BROTHERS, LTD.
    No. 2004-C-1102.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Garner, Myrtis; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Sabine, 11th Judicial District Court Div. C, No. 53,159-C; to the Court of Appeal, Third Circuit, No. 03-1399.

Denied.


text:
    Myrtis GARNER v. BROOKSHIRE BROTHERS, LTD.
    No. 2004-C-1103.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Brookshire Brothers Ltd.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Sabine, 11th Judicial District Court Div. C, No. 53,159; to the Court of Appeal, Third Circuit, No. C3-1399.

Denied.

VICTORY, J., would grant the writ.


text:
    Betty MCGEE, et al. v. ACANDS, INC., et al.
    No. 2004-CC-1107.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Rhone-Poulenc AG Company;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 2000-11504; to the Court of Appeal, Fourth Circuit, No. 2004-C-0384.

Denied.

VICTORY, J., would grant the writ.


text:
    Zola TURNER v. LOUISIANA FARM BUREAU CASUALTY INSURANCE CO., et al.
    No. 2004-C-1109.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Louisiana Farm Bureau Casualty Insurance Co. et al.; Broussard, John Gor-dy Jr.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. K, No. 74675; to the Court of Appeal, Third Circuit, No. 03-1008.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    OPIATE REPLACEMENT THERAPY CENTERS OF AMERICA, INC. v. The STATE of Louisiana through the DEPARTMENT OF HEALTH AND HOSPITALS, Bureau of Health Standards.
    No. 2004-C-1110.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re John, Alex Jr. Dr.; — Other; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 489,346; to the Court of Appeal, First Circuit, No. 2003 CA 0643.

Denied.


text:
    LOUISIANA PATIENTS COMPENSATION FUND OVERSIGHT BOARD v. William T. EDWARDS, as Legal Guardian of Alexander Lashley, and Dennis Smith.
    No. 2004-CC-1114.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Louisiana Patients Compensation Fund Oversight Board; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. A, No. 03-0428; to the Court of Appeal, Second Circuit, No. 38897-CW.

Denied.


text:
    Curley L. CALLOWAY v. Sheriff Jerry LARPENTER, et al.
    No. 2004-CP-1115.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Calloway, Curley L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. C, No. 136,695.

Denied. Relator should first seek relief in the district court.


text:
    GOLD, WEEMS, BRUSER, SUES & RUNDELL v. Tommie Mack GRANGER.
    No. 2004-CC-1120.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Gold, Weems, Bruser, Sues & Rundell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. G, No. 205,470; to the Court of Appeal, Third Circuit, No. 03-1412.

Denied.


text:
    Alison K. SKAMANGAS v. Larry STOCKTON, et al.
    No. 2004-C-1125.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Stockton, Larry et al.; Bossier City City of; Pumphrey, Heith E.; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. E, No. 109,311; to the Court of Appeal, Second Circuit, No. 37,996-CA.

Denied.


text:
    Darlene JOHNSON, et al. v. CITY OF MONROE.
    No. 2004-C-1130.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Johnson, Darlene et al.; Johnson, Prentice; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. I, No. 02-1635; to the Court of Appeal, Second Circuit, No. 38,388-CA.

Denied.


text:
    Margaret FONTENOT v. WAL-MART STORES, INC.
    No. 2004-C-1131.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Wal-Mart Stores Inc.; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation # 3, No. 02-00303; to the Court of Appeal, Third Circuit, No. 03-1570.

Denied.


text:
    STATE of Louisiana v. Carolyn AXTON.
    No. 2004-KK-1133.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 03-F2024^4; to the Court of Appeal, Second Circuit, No. 38843-KW.

Denied.

TRAYLOR, J., would grant the writ.


text:
    Michael K. LEWIS v. Cynthia McCray LEWIS.
    No. 2004-C-1135.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Lewis, Michael K; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 2001-700; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1631.

Denied.


text:
    TIGER PETROLEUM, L.C. v. HIBERNIA CORPORATION d/b/a Hibernia National Bank.
    No. 2004-C-1136.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Tiger Petroleum L.C.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. J, No. 20011422J; to the Court of Appeal, Third Circuit; No. 03-1571.

Denied.


text:
    Johnny JENKINS v. ROY O. MARTIN LUMBER, INC.
    No. 2004-C-1140.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Martco Partnership; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Comp. Dist. 2, No. 02-07303; to the Court of Appeal, Third Circuit, No. 03-1435.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Ralph T. BARNES v. RIVERWOOD APARTMENTS PARTNERSHIP and The City of Monroe.
    No. 2004-C-1145.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Riverwood Apartments Partnership et al.; Shelter Mutual Insurance Co.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Oua-chita, 4th Judicial District Court Div. E, No. 98-1934E; to the Court of Appeal, Second Circuit, No. 38,331-CA.

Denied.


text:
    Betty SMITH, et al. v. WAL-MART STORES, INC., d/b/a Wal-Mart Supercenter.
    No. 2004-C-1146.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Wal-Mart Stores, Inc. d/b/a; Wal-Mart Supercenter; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Natchitoches, 10th Judicial District Court Div. B, Nos. 70329, 70330, 70331; to the Court of Appeal, Third Circuit, No(s). 03-1582, 03-1583, 03-1584.

Denied.


text:
    Cornelius LEE & Anderson Lee, Jr. in Their Official Capacity as Administrators of the Succession of Anderson Lee & Nathan Lee v. The SUCCESSION OF Estella J. LEE and P.B. Brown, Inc.
    No. 2004-C-1147.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Lee, Cornelius et al.; Lee, Anderson Jr.; Lee, Anderson Succession of; Lee, Nathan Succession of; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of East Carroll, 6th Judicial District Court Div. A, No. 19089; to the Court of Appeal, Second Circuit, No. 38,409-CA.

Denied.


text:
    In re HARVEY TERM LITIGATION.
    No. 2004-CC-1151.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Plaintiff Management Committee; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 01-8708; to the Court of Appeal, Fourth Circuit, No. 2004-C-0005.

Denied.


text:
    Zola TURNER v. LOUISIANA FARM BUREAU CASUALTY INSURANCE CO., et al.
    No. 2004-C-1210.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Turner, Zola; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. K, No. 74675; to the Court of Appeal, Third Circuit, No. 03-1008.

Denied.


text:
    In re HARVEY TERM LITIGATION.
    No. 2004-CC-1211.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Plaintiff Management Committee; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 01-8708; to the Court of Appeal, Fourth Circuit, No. 2004-C-0168.

Denied.


text:
    STATE of Louisiana v. Douglas ROBERTSON.
    No. 2004-KH-1347.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Robertson, Douglas; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 07-03-89; to the Court of Appeal, First Circuit, No. 2004-KW-0814.

Denied.


text:
    In re Jeremy P. SZUSH and Jenny S. Szush Applying for the Adoption of J.O.
    No. 2004-CC-1366.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Szush, Jenny S.; Szush, Jeremy et ah; — Other(s); Applying for Supervisory and/or Remedial Writs, Parish of La-fourche, 17th Judicial District Court Div. D, No. 1621; to the Court of Appeal, First Circuit, No. 2004 CW 0268.

Denied.


text:
    STATE of Louisiana v. Robert DEEMER.
    No. 2004-KH-1471.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Deemer, Robert; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 2-03-395; to the Court of Appeal, First Circuit, No. 2003 KW 2717.

Denied.


text:
    In re LOUISIANA FOURTH JUDICIAL DISTRICT COURT ASBESTOS CASES.
    No. 2004-O-1435.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Honeywell International Inc.; Amax Metals Recovery Inc.; Columbian Chemicals Company; Blount Inc.; Rust Engineering Company; H.B. Zachry Company; Colfax Corporation; Ajax Boiler & Heater Company; — Defendant(s); Applying for Motion to Vacate Appointment of Ad Hoc Judge and Alternative Application for Rehearing, Parish of Morehouse, and Parish of Ouachita.

Denied.


text:
    In re LOUISIANA FOURTH JUDICIAL DISTRICT COURT ASBESTOS CASES.
    No. 2004-O-1479.
    Supreme Court of Louisiana.
    June 25, 2004.
   In re Olin Corporation; — Defendant; Applying for Motion to Vacate Order Appointing Ad Hoc Judge, Parish of More-house, and Parish of Ouachita.

Denied.


author: 1] GUIDRY, J.,

text:
    Colin TURNER, et al. v. MILLER TRANSPORTERS, INC. Edward E. Skelton, et al. v. Miller Transporters, Inc.
    No. 2002 CA 2278 and 2002 CA 2279.
    Court of Appeal of Louisiana, First Circuit.
    Feb. 23, 2004.
   ON REHEARING

The scope of this rehearing is limited to the single issue of whether a federal or state statute of limitations should apply to the allegation of damages that arose on or after January 1, 1996 by plaintiffs, Turner Transporter, Inc., et al., against defendant, Miller Transporters, Inc. The issue of a federal statute of limitations was not raised at trial or on appeal; instead the dispute among the parties focused on the statutes of limitations for Louisiana and Mississippi. Our initial opinion held that Mississippi law governed because the parties had expressly agreed that the contracts would be interpreted under Mississippi law. This court’s decision in the instant case, however, held that the enactment of 49 U.S.C. § 14704(a)(2) created a federal private right of action as of January 1, 1996, for damages in commercial disputes involving a violation of the regulations of the Interstate Commerce Commission Termination Act (ICCTA), which preempted the states’ laws. Turner v. Miller Transporters, Inc., 2002-2278 (La.App. 1 Cir. 6/27/03), 852 So.2d 478. The federal statute’s preemptive role concomitantly raises the issue of the existence of a federal statute of limitations relative to the federal causes of action.

The determination that a private agreement cannot supercede a federally enacted cause of action for damages necessitates that this court consistently find 12that the federal statute of limitations would likewise override any agreements among the parties that Mississippi law would generally prevail. Pursuant to 28 U.S.C. § 1658(a), Congress has invoked a four-year statute of limitations when specific limitations periods have not been enacted for federal causes of actions. As circumstance would have it, the resulting four-year period constitutes the identical time limitation as the Mississippi statute of limitations. It is, therefore, in the interest of intellectual consistency that our holding is hereby amended to provide the appropriate legal principle.

ORIGINAL COURT OF APPEAL JUDGMENT AFFIRMED, AS AMENDED.

GUIDRY, J., agrees in part, dissents in part and assigns reasons.

1] GUIDRY, J.,

agreeing in part and dissenting in part.

I agree with the judgment on rehearing to the extent that it finds that a federal statute of limitations applies to claims of damages that arose on or after January 1, 1996. However, I believe that the majority errs in finding that because none of the provisions in 49 U.S.C. § 14705 directly references 49 U.S.C. § 14704(a)(2), the general federal statute of limitations provided in 28 U.S.C. § 1658(a) should apply (that provision provides for a 4-year statute of limitation). See 49 U.S.C. § 14705(b) and (c) (which specifically reference §§ 14704(c)(1) and 14704(b), respectively, as providing the statute of limitations for those sections.) The majority merely glosses over the case of Fitzpatrick v. Morgan Southern, Inc., 261 F.Supp.2d 978 (W.D.Tenn., 2003), which reaches a different conclusion, in a footnote. I believe that the decision reached by the Fitzpatrick court is correct and a better determination of the issue of what statute of limitations applies to causes of action brought pursuant to 49 U.S.C. § 14704(a)(2).

In Fitzpatrick, the court acknowledged that there was no express statute of limitation provided to bring an action pursuant to 49 U.S.C. § 14704(a)(2); however, based on the alleged scrivener’s error raised by the appellant in that case, the court considered the legislative history of 49 U.S.C. § 14704(a)(2), and related statutes (i.e., 49 U.S.C. § 14705) to conclude that the two-year statute of limitations period provided in 49 U.S.C. § 14705(c) applied to actions brought pursuant to 49 U.S.C. § 14704(a)(2). Fitzpatrick, 261 F.Supp.2d at 986-987. Based on the reasoning and legislative history outlined in the Fitzpatrick opinion, I believe that the appropriate statute of limitations to apply in this matter is the two-year period referenced in 49 U.S.C. § 14705(c).

Therefore, I respectfully dissent in part.

      . In Fitzpatrick v. Morgan Southern, Inc., 261 F.Supp.2d 978 (W.D.Tenn.2003), the court held that a two-year statute of limitations should apply to the private right of action for damages under 49 U.S.C. § 14704(a)(2). The Fitzpatrick court creatively observed that, as a result of a scrivener’s error when the ICCTA was codified, section 14704(a)(2) of the "Truth-in-Leasing” Regulations was mistakenly moved from 49 U.S.C. § 14704(b), to which a two-year statute of limitations applies. Fitzpatrick, 261 F.Supp.2d at 985 n. 8. We decline to infer such a federal statute of limitations in the absence of legislative fiat.


author: h STEWART, J. | PEATROSS, J.,

text:
    NIGHT AND DAY PARTNERS, LTD, Plaintiff-Appellee v. GREAT AMERICAN REAL FOOD FAST, INC., Defendant-Appellant.
    No. 37,927-CA.
    Court of Appeal of Louisiana, Second Circuit.
    March 17, 2004.
    Mills, Turansky & Cox by George H. Mills, Jr., Shreveport, for Appellant.
    Kelly, Townsend & Thomas by Thomas T. Townsend, Christopher G. Young, Natchitoches, for Appellee.
    Before STEWART, PEATROSS and LOLLEY, JJ.
   h STEWART, J.

Great American Real Food Fast, Inc. (“Great American”) appeals the trial court’s grant of Night and Day Partners, Ltd.’s (“Night and Day”) eviction action. Finding that the trial court erred as a matter of law we reverse and remand for the reasons expressed herein.

FACTS

The subject property of this dispute was sold by Cal Staggers (“Staggers”) to Night and Day by cash sale deed on May 21, 2001, and recorded on June 26, 2001, under registry number 1756587. Staggers and Kelly’s Truck Terminal, Inc. (“Kelly’s”) also executed a memorandum of lease on May 21, 2001, and recorded on June 26, 2001, one instrument before the cash sale deed between Staggers and Night and Day under registry number 1756586. Consequently, the memorandum of lease primes the cash sale deed. As a result, Night and Day purchased the property subject to the lease between Stagger’s and Kelly’s. Incidentally, when Night and Day acquired the subject property by cash sale deed, it also acquired all of the capital stock in Kelly’s.

Great American had entered a lease with Kelly’s on May 1, 1999, but that lease was not recorded until May 1, 2003. When Night and Day purchased the property, it instructed Great American to pay the rent provided by the lease agreement and to name it as an additional insured as provided by the lease.

On or about January 24, 2003, Kelly’s, but not Night and Day, served a “Five (5) Day Notice to Vacate” on Great American. However, Night and Day filed a rule for possession of the premises against Great American. Great American objected, citing exceptions of unauthorized use of summary process, failure to join a party under La. C.C.P. arts. 641 and 642, and alternatively exceptions of no cause of action and no right of action. The gist of the exceptions contested the fact that the eviction was filed by Night and Day in spite of the fact that Kelly’s was Great American’s lessor. Following a trial on the fnerits, the trial court granted Night and Day’s rule for possession and ordered that Great American be evicted. This appeal ensued.

DISCUSSION

Standard of Review

In Rosell v. ESCO, 549 So.2d 840 (La.1989), the Louisiana Supreme Court discussed as follows the issue of the scope of the appellate court’s review of a trial court’s findings of fact:

It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable.... Where there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong....

When findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of fact’s findings; for only the fact finder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding and belief in what is said. Id. at 844. See also Mistich v. Volkswagen of Germany, Inc., 95-0939 (La.1/29/96), 666 So.2d 1073; Aleman v. Favret Co., 349 So.2d 262 (La.1977); Harvey v. Cole, 2000-1849 (La.App. 4 Cir. 1/23/02), 808 So.2d 771.

With respect to issues of law, however, this Court is required to determine whether the trial court applied the law appropriately. In Glass v. Alton Ochsner Medical Foundation, 2002-0412 (La.App. 4 Cir. 11/6/02), 832 So.2d 403, the Court discussed the scope of appellate review of issues of law as follows:

The standard of review of appellate courts in reviewing a question of law is simply whether the court’s interpretative decision is legally correct. Phoenix Assur. Co. v. Shell Oil Co., 611 So.2d 709, 712 (La.App. 4 Cir.1992).

Furthermore, if the decision of the district court is based on an erroneous application of law rather than on a valid exercise of discretion, the decision is not entitled to deference by the reviewing court. Kem Search, Inc. v. Sheffield, 434 So.2d 1067, 1071-1072 (La.1983). See also Sander v. Brousseau, 2000-0098, (La.App. 4 Cir. 10/4/00), 772 So.2d 709, 711, where the Court stated that “[a]ppellate review of a question of law involves a determination of whether the lower court’s interpretive decision is legally correct.”

Wrongful Eviction

Great American contends that the trial court erred as a matter of law in granting Night and Day’s action for eviction without requiring it to provide proper notice to vacate. La. C.C.P. arts. 4701 and 4702 require that a lessor give a lessee or tenant at least five days written notice before an eviction can take place.

Contracts legally entered into have the force of law among the parties that formed them. La. C.C. art. 1901. Investor Inns, Inc. v. Wallace, 408 So.2d 978 (La.App. 2d Cir.1981). The lease agreement in the instant case was signed between Kelly’s and Great American, and the notice of eviction came from Kelly’s but the rule for possession was instituted by Night and Day. Great American contends that the trial court erred by allowing notice of eviction from Kelly’s to be sufficient for Night and Day to proceed with its rule for possession. We agree.

Failure to Join Indispensable Party

In its second assignment of error, Great American contends that the trial court erred by failing to join Kelly’s as a party to the eviction action when it was the lessor of Great American. To allow Night and Day, the parent company of Kelly’s, to institute an eviction proceeding against a lessee of Kelly’s without joining Kelly’s as a party to the suit was error as a matter of law. See Nab Nat. Resources, L.L.C., v. Caruthers Producing Co. Inc., 33,726 (La.App.2d Cir.8/25/00), 765 So.2d 1241. Night and Day’s purchase of the property was subject to the lease in favor of Kelly’s. As a result, Kelly’s is answerable for damages due to the eviction of Great American by Night and Day. Great American argues that Kelly’s should have been joined to the eviction action under La. C.C.P. art. 641 which states:

A person shall be joined as a party in the action when either:

(1) In his absence complete relief cannot be accorded among those already parties.
(2) He claims an interest relating to the subject matter of the action and is so situated that the adjudication of the action in his absence may either:
(a) As a practical matter, impair or impede his ability to protect that interest.
(b) Leave any of the persons already subject to a substantial risk of incurring multiple or inconsistent obligations.

Thus, an adjudication made without making a person described in Article 641 a party to the litigation is an absolute nullity. Stephenson v. Nations Fin. Services Corp, 98-1689 (La.App. 1 Cir. 9/24/99) 754 So.2d 1011, 1018. In the instant case, the trial court made an adjudication of Kelly’s and Great American’s rights without Kelly’s being present. Kelly’s is Staggers’ lessee and Great American is Kelly’s lessee. Night and Day’s ownership rights are subject to the lease between Staggers and Kelly’s. Great American’s rights arise out of its lease with Kelly’s, and Kelly’s rights arise out of a lease between Staggers and Kelly’s. To have complete adjudication, it is necessary that Kelly’s be made a party, particularly considering the fact Night and Day owns Kelly’s. Night and Day never sent a notice to vacate to Great American. The record shows that Kelly’s and Night and Day’s officers and directors are the same. Kelly’s operates its business out of Night and Day’s bank account. Moreover, employees that work at Kelly’s are paid by Night and Day. The record shows that at the time Night and Day purchased the property and Kelly’s stock, it was aware of the lease between Kelly’s and Great American. Following the sale of Kelly’s, the officers of Night and Day required Great American to send the rent money due under the lease to Night and Day. Moreover, Great American was requested by Night and Day and Kelly’s to name Night and Day as an additional insured, as provided by the lease. We conclude that Night and | fiDay cannot bypass the provisions of the lease between its subsidiary, Kelly’s and Great American,

CONCLUSION

Based on the foregoing, we find that the trial court erred as a matter of law in allowing Night and Day to initiate eviction proceedings against Great American. As a result, we reverse and remand this matter to the trial court for proceedings consistent with this opinion.

REVERSED AND REMANDED.

PEATROSS, J., concurs with written reasons.

| PEATROSS, J.,

concurs.

I concur in the result because I believe that Kelly’s Truck Terminal, Inc. should have been joined as a party in these proceedings pursuant to the provisions of La. C.C.P. art. 641.