text:
    STATE of Louisiana v. Corey MILLER.
    No. 2003-KK-2359.
    Supreme Court of Louisiana.
    Aug. 25, 2003.
   In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 02-0404; to the Court of Appeal, Fifth Circuit, No. 03-K-946.

Stay lifted. Writ Granted. We have examined thoroughly the transcript of the in camera hearing and of the proceedings in open court and conclude that, on the facts of this case, the evidence supports a serious concern for the safety of potential witnesses. Under the circumstances of this case, the delicate balance between defendant’s right to disclosure of Brady/Gig-lio matters and the concern for safety of witnesses will not be violated by a delayed disclosure of the material sought by defendant. Accordingly, it was an abuse of discretion for the trial court to order immediate disclosure. We therefore reverse the ruling of the trial court ordering immediate disclosure and remand this case to the trial court to fashion an appropriate order directing disclosure, no earlier than three days prior to the commencement of trial, which period we find to be sufficient to protect the safety of the potential witnesses and at the same time safeguard the due process rights of the defendant.

CALOGERO, C.J., recused.

JOHNSON, J., would stay all proceedings and hold the matter for conference discussion.


source: Caselaw Access Project

license: Public Domain

text:
    STATE of Louisiana v. Richard DIETRICH.
    No. 2003-KK-2377.
    Supreme Court of Louisiana.
    Aug. 26, 2003.
   In re Dietrich, Richard;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. H, Nos. 16746, 16748, 16749; to the Court of Appeal, First Circuit, No. 2003 KW 1445.

Stay denied; writ denied.

KIMBALL, J., would grant the writ.


text:
    Marlon SIMMONS v. CTL DISTRIBUTION and Darren Tomas.
    No. 2003-CC-2378.
    Supreme Court of Louisiana.
    Aug. 26, 2003.
   In re CTL Distribution et al.; Tomas, Darren;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of St. James, 23rd Judicial. District Court Div. D, No.. 28,335; to the Court of Appeal, Fifth Circuit, No. 2003-C-968.

Denied.


text:
    In re Appeal of Dismissal of COMPLAINT NO. 000-1913.
    No. 2003-OB-0507.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Brumfield, Jessie M.;—Plaintiff; Applying for Appeal of Dismissal of Complaint No. 000-1913.

Deny on the showing made.


text:
    In re Herman JOHNSON, Jr.
    No. 2003-OB-1572.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Johnson, Herman, Jr.;—Plaintiff; Applying for Motion for Production of Information.

Deny on the showing made.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 01-PDB-011.
    No. 2003-OB-0104.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Lawson, Joseph;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 01-PDB-011.

Not considered. Not timely filed.


text:
    STATE ex rel. Fred GRIFFIN v. STATE of Louisiana.
    No. 2002-KH-1330.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   Fred Griffin; Applying for Reconsideration of this Court’s order dated April 21, 2003; Parish of Desoto, 11th Judicial District Court, Div. A No. 45,746; to the Court of Appeal, Second Circuit, No. 36187 KH.

Denied.


text:
    STATE ex rel. Donald WILLIAMS v. STATE of Louisiana.
    No. 2002-KH-1657.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Williams, Donald;—Plaintiff; Applying for Reconsideration of this Court’s order dated May 16, 2003, Parish of Orleans, Criminal District Court Div. A, No. 305-606; to the Court of Appeal, Fourth Circuit, Nos. 2002-K-143, 2002-K-0485, 2002-K-0598.

Denied.


text:
    STATE ex rel. Lionel NEWTON v. STATE of Louisiana.
    No. 2002-KH-1808.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   Lionel Newton; Applying for Reconsideration of this Court’s order dated May 30, 2003; Parish of Rapides, 9th Judicial District Court, Div. F, No. 223,274; to the Court of Appeal, Third Circuit, No. KH 02-00990.

Denied.


text:
    STATE of Louisiana v. Darren James BOUDWIN.
    No. 2002-KH-3049.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Boudwin, Darren James;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. E, Nos. 345,-947, 351,532; to the Court of Appeal, First Circuit, No(s). 2001 KA 2732, 2001 KA 2733..

Application dismissed at relator’s request.


text:
    STATE ex rel. Wallace BENOIT, Sr. v. STATE of Louisiana.
    No. 2002-KH-0760.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Benoit, Wallace Sr.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 346,204; to the Court of Appeal, First Circuit, No. 2001 KW 2298.

Denied.


text:
    STATE ex rel. Marcel DUGAR v. STATE of Louisiana.
    No. 2002-KH-1431.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Dugar, Marcel;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 99-191; to the Court of Appeal, Fifth Circuit, No. 02 KH 260.

Denied.


text:
    STATE ex rel. Jonathan MARTIN v. STATE of Louisiana.
    No. 2002-KH-1826.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Martin, Jonathan;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 382-686; to the Court of Appeal, Fourth Circuit, No. 2002-K-0585.

Denied.


text:
    STATE ex rel. Kevin DUPRE v. STATE of Louisiana.
    No. 2002-KH-1911.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Dupre, Kevin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 97K1539; to the Court of Appeal, Third Circuit, No. KH 01-01660.

Denied.


text:
    STATE ex rel. Robert WILLIS v. STATE of Louisiana.
    No. 2002-KH-1988.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Willis, Robert;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Beauregard, 36th Judicial District Court Div. A, No. CR-325-96; to the Court of Appeal, Third Circuit, No. KH01-01471.

Denied.


text:
    STATE ex rel. Melvin SLOAN v. STATE of Louisiana.
    No. 2002-KH-1999.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Sloan, Melvin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Sabine, 11th Judicial District Court Div. A, No. 41630; to the Court of Appeal, Third Circuit, No. KH 02-00129.

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. Mark NICKENS v. STATE of Louisiana.
    No. 2002-KH-2050.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Nickens, Mark;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 98-2381; to the Court of Appeal, Fifth Circuit, No. 02-KH-657.

Denied.


text:
    STATE ex rel. Vincent J. HEMPHILL v. STATE of Louisiana.
    No. 2002-KH-2053.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Hemphill, Vincent J.,;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Claiborne, 2nd Judicial District Court Div. A, No. 20078; to the Court of Appeal, Second Circuit, No. 35,-671-KA.

Denied.


text:
    STATE ex rel. Michael J. JACK v. STATE of Louisiana.
    No. 2002-KH-2056.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Jack, Michael J.,;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. J, No. 55154; to the Court of Appeal, Third Circuit, No. KH-02-00171.

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

KNOLL, J., recused.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-120.
    No. 2003-OB-0263.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Panepinto, Frank J.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-120.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-123.
    No. 2003-OB-0264.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Tilton, Joshua A.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-123.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-126.
    No. 2003-OB-0282.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Smith, Antoine L.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-126.

Leave to appeal denied.

CALOGERO, C.J., recused.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD APPEAL NO. 02-PDB-129.
    No. 2003-OB-0546.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Sagona, Belinda;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-129.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-140.
    No. 2003-OB-1246.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Dantzler, Oscar;—Plaintiff; Applying for Appeal of the Decision of the Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-140.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-122.
    No. 2003-OB-1248.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Jemison, Robert J., II;—Plaintiff; Applying for Appeal of Decision of the Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-122.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-169.
    No. 2003-OB-1512.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re McBride, Robin;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-169.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-164.
    No. 2003-OB-1603.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Weatherton, Dorothy Annise;—Plaintiff; Applying for Appeal of the Decision of the Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-164.

Leave to appeal denied.


text:
    In re Appeal of the DISCIPLINARY BOARD DECISION NO. 02-PDB-001.
    No. 2008-OB-1740.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Grimes, David E.;—Plaintiff; Applying for Appeal of Disciplinary Board Decision. Office of Disciplinary Board, No. 02-PDB-001.

Leave to appeal denied.


text:
    In re Appeal of DISCIPLINARY BOARD DECISION NO. 03-PDB-001.
    No. 2003-OB-1762.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Whitelaw, Gloria;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 03-PDB-001.

Leave to appeal denied.


text:
    In re Appeal of Disciplinary Board Decision No. 02-PDB-153.
    No. 2003-OB-1764.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Simpson, Jesse C.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-153.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 00-PDB-341.
    No. 2003-OB-2009.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Kovacs, Elmer A.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 00-PDB-341.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-068.
    No. 2002-OB-2883.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Amin, Salwa S.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-068.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-115.
    No. 2002-OB-3067.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Credit, Clara D.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-115.

Leave to appeal denied.


text:
    Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-081.
    No. 2002-OB-3107.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Rodriguez, Mario et al.; Rodriguez, Mario Mrs.;—Plaintiff(s); Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-081.

Leave to appeal denied.


text:
    In re Appeal of DISCIPLINARY BOARD DECISION NO. 02-PDB-080.
    No. 2002-OB-3168.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Cooper, Michael R.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-080.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-071.
    No. 2002-OB-3194.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Guice, Neller Jean Brass;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-071.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-070.
    No. 2002-OB-3195.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Frenzel, Michael J.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-070.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-097.
    No. 2002-OB-3222.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Fesperman, Rebecca;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-097.

Leave to appeal denied.


text:
    In re Appeal of Decision of DECISION DISCIPLINARY BOARD NO. 02-PDB-100.
    No. 2003-OB-0175.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Klaimon, Stephen;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-100.

Leave to appeal denied.


text:
    STATE ex rel. Ellis BRIDGES v. STATE of Louisiana.
    No. 2002-KH-2102.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Bridges, Ellis;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 365055; to the Court of Appeal, Fourth Circuit, No(s). 02-1273, 02-1952.

Granted for the sole purpose of transferring the pleading' to the Court of Appeal, Fourth Circuit, for enforcement of its order in State v. Bridges, 02-1273, (La.App. 4th Cir.7/19/02) and 02-1952 (La.Ap. 4th Cir.10/30/02), if it has not done so already.


text:
    STATE ex rel. Michael SAMPSON v. STATE of Louisiana.
    No. 2003-KH-1652.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Sampson, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. B, Nos. 98-135, 98-136; to the Court of Appeal, Third Circuit, No. KH 02 00327.

Granted for the sole purpose of transferring the application to the Court of Appeal, Third Circuit, for enforcement of its order in State v. Sampson, 02-0327 (La.App. 3d Cir.6/19/02), if it has not done so already.

KNOLL, J., recused.


text:
    STATE of Louisiana v. Undre GIBSON.
    No. 2003-KH-1950.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Gibson, Undre;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. D, No. 60,762.

Granted for the sole purpose of transferring the application to the Court of Appeal, Second Circuit, for its consideration.


text:
    STATE of Louisiana v. Cornelius WHEELER.
    No. 2003-KH-2199.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Wheeler, Cornelius;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div. 0, No. 38,615; to the Court of Appeal, Second Circuit, No(s). 37797-KH, 37545-KH.

Granted for the sole purpose of transferring the pleading to the Court of Appeal, Second Circuit, for enforcement of its order in State v. Wheeler, 37,797 (La. App.2d Cir. 6/18/03), if it has not done so already.


text:
    STATE of Louisiana v. Federick KLEINSMITH.
    No. 2003-KH-1442.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Kleinsmith, Federick;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. G, No. 01CR080997.

Granted for the sole purpose of transferring the application to the district court for its consideration of relator’s complaint concerning his outstanding charges in Washington Parish. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Eddie SIMMONS.
    No. 2003-KH-1637.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Simmons, Eddie;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 02-6473.

Granted for the sole purpose of transferring the application to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE ex rel. Randy LAVERGNE v. STATE of Louisiana.
    No. 2003-KH-1924.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Lavergne, Randy;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 12-97-230.

Granted for the sole purpose of transferring the filing to the district court for its consideration under the number of relator’s most recent filing there. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Greg P. RANKINS.
    No. 2003-KH-1925.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Rankins, Greg P.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. I, No. 2001-1568.

Granted for the sole purpose of transferring the filing to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Marvin G. JONES.
    No. 2003-KH-1933.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Jones, Marvin G.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. E, No. 14,043.

Granted for the sole purpose of transferring the filing to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Troy WILKERSON.
    No. 2003-KH-1956.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Wilkerson, Troy;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. L, No. 421-022.

Granted for the sole purpose of transferring the filing to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Darryl A. WILLIAMS.
    No. 2003-KH-2046.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Williams, Darryl A.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 434-078.

Granted for the sole purpose of transferring the pleading to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-051.
    No. 2002-OB-2823.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Fontenot, Warren E.;—Plaintiff; Applying for Appeal of the Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-051.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 01-PDB-198.
    No. 2002-OB-2831.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Huey, Vernon;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 01-PDB-198.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-043.
    No. 2002-OB-2859.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Plaisance, Manual D.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-043.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-082.
    No. 2002-OB-2860.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Raspanti, Janine;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-082.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 00-PDB-256.
    No. 2002-OB-2864.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Jones, Allen N.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 00-PDB-256.

Leave to appeal denied.


text:
    In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-079.
    No. 2002-OB-2882.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Martinez-Hachity, Jorge;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-079.

Leave to appeal denied.


text:
    STATE ex rel. Phillip BUTLER v. STATE of Louisiana.
    No. 2002-KH-2058.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Butler, Phillip;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 40,908; to the Court of Appeal, Second Circuit, No. 36510-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.


text:
    STATE ex rel. Tyrone PICKROM v. STATE of Louisiana.
    No. 2002-KH-2062.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Pickrom, Tyrone;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 178,759; to the Court of Appeal, Second Circuit, No. 36459-KH.

Denied.


text:
    STATE ex rel. Alvin MEAD v. STATE of Louisiana.
    No. 2002-KH-2063.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Mead, Alvin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 395-920; to the Court of Appeal, Fourth Circuit, No. 2002-K-0849.

Denied.


text:
    STATE ex rel. Anthony RICHARD v. STATE of Louisiana.
    No. 2002-KH-2069.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Richard, Anthony;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 6-98-285; to the Court of Appeal, First Circuit, No. 2001 KW 2646.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Donald WILLIAMS v. STATE of Louisiana.
    No. 2002-KH-2076.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Williams, Donald;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 305-606; to the Court of Appeal, Fourth Circuit, No. 2002-K-1065.

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. Michael WALKER v. STATE of Louisiana.
    No. 2002-KH-2078.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
    Reconsideration Denied Oct. 10, 2003.
   In re Walker, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 232,150; to the Court of Appeal, First Circuit, No. 2002 KW 0577.

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.


author: JOHNSON, J.,

text:
    STATE ex rel. Fair Wayne BRYANT v. STATE of Louisiana.
    No. 2002-KH-2079.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Bryant, Fair, Wayne;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 185,469; to the Court of Appeal, Second Circuit, No. KH 02-36503.

Denied.

JOHNSON, J.,

would grant the writ to consider whether the inhabited dwelling as defined in La. R.S. 14:62.2 includes a storage shed.


text:
    STATE ex rel. Henry RANKIN v. STATE of Louisiana.
    No. 2002-KH-2080.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Rankin, Henry;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 288-636; to the Court of Appeal, Fourth Circuit, No. 2002 K 978.

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. Zebedee HUTCHINSON v. STATE of Louisiana.
    No. 2002-KH-2081.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Hutchinson, Zebedee;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Pointe Coupee, 18th Judicial District Court Div. A, No. 65,499; to the Court of Appeal, First Circuit, No. 2002 KW 0742.

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. Raymond LEWIS v. STATE of Louisiana.
    No. 2002-KH-2084.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Lewis, Raymond;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. E, No. 97-F0962; to the Court of Appeal, Second Circuit, No(s). 36375-KH, 35965-KH.

Denied.


text:
    STATE ex rel. Ronnie GREEN v. STATE of Louisiana.
    No. 2002-KH-2104.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Green, Ronnie;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. C, No. 91K4177C; to the Court of Appeal, Third Circuit, No. KH 02-00253.

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. Preston JOHNSON v. STATE of Louisiana.
    No. 2002-KH-2106.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Johnson, Preston;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 401-917; to the Court of Appeal, Fourth Circuit, No. 2002-K-0750.

Denied.


text:
    Earnest L. MACK v. STATE of Louisiana.
    No. 2002-KH-2107.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Mack, Earnest L.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 2082-93; to the Court of Appeal, Third Circuit, No. KH 02-00132.

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. Terrence SHANKLIN v. STATE of Louisiana.
    No. 2002-KH-2110.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Shanklin, Terrence;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 385-600; to the Court of Appeal, Fourth Circuit, No. 2002-K-0940.

Denied.


text:
    STATE ex rel. Claude QUEST v. STATE of Louisiana.
    No. 2002-KH-2111.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Quest, Claude;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, No. 98-3237; to the Court of Appeal, Fifth Circuit, No. 02-KH-584.

Denied.

JOHNSON, J., would grant the writ.


text:
    STATE ex rel. Paul BRISCO v. STATE of Louisiana.
    No. 2002-KH-2113.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Brisco, Paul;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Richland, 5th Judicial District Court Div. C, No. F98-85; to the Court of Appeal, Second Circuit, No. 36341-KH.

Denied.


text:
    STATE ex rel. Melvin HUGHES v. STATE of Louisiana.
    No. 2002-KH-2115.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Hughes, Melvin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, to the Court of Appeal, Fifth Circuit, No. 99-386.

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. Levelle TOLLIVER v. STATE of Louisiana.
    No. 2002-KH-2117.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Tolliver, Levelle;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. I, No. 93-F1081; to the Court of Appeal, Second Circuit, No. 36462-KH.

Denied.


text:
    STATE ex rel. Nathaniel LAMBERT v. STATE of Louisiana.
    No. 2002-KH-2119.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Lambert, Nathaniel;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 387-752; to the Court of Appeal, Fourth Circuit, No. 2002 K 347.

Denied.


text:
    STATE ex rel. Michael BROWN v. STATE of Louisiana.
    No. 2002-KH-2122.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Brown, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, Nos. 89-5090, 83-2738; to the Court of Appeal, Fifth Circuit, No. 02-KH-682.

Denied. La.C.Cr.P. art. 930.3; 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. Larry SHELBY v. STATE of Louisiana.
    No. 2002-KH-2172.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Shelby, Larry;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 400-013; to the Court of Appeal, Fourth Circuit, No. 2002-K-0652.

Denied.


text:
    STATE ex rel. Ralph HARRIS v. STATE of Louisiana.
    No. 2002-KH-2176.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Harris, Ralph;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. A, No. 64,590; to the Court of Appeal, Second Circuit, No. 36444 KH.

Denied.


text:
    STATE ex rel. Sam PATE v. STATE of Louisiana.
    No. 2002-KH-2177.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Pate, Sam;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. G, No. 369-373; to the Court of Appeal, Fourth Circuit, No. 2002 K 838.

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 ex rel. Bernard v. Cr.D.C., 94-2247, p. 1 (La.4/28/95), 653 So.2d 1174, 1175.


text:
    STATE ex rel. Kennedy THOMPSON v. STATE.
    No. 2002-KH-2179.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Thompson, Kennedy;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. IV, No. 5-83-64; to the Court of Appeal, First Circuit, No. 2002-KW-0699.

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. John FRANK v. STATE.
    No. 2002-KH-2180.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Frank, John;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-1093; to the Court of Appeal, Fifth Circuit, No. 02-KH-656.

Denied.


text:
    STATE ex rel. Marcal BROUSSARD v. STATE.
    No. 2002-KH-2181.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Broussard, Marcal;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 3600-00; to the Court of Appeal, Third Circuit, No. KH 02-00234.

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. Cory GIPSON v. STATE of Louisiana.
    No. 2003-KH-1860.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Gipson, Cory;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. E, No. 167,798.

Denied. Relator’s request for mandamus relief is denied and he should refile his application in the Court of Appeal with a copy of the pleading he filed in district court.


text:
    STATE ex rel. Dwayne WILLIAMS v. STATE of Louisiana.
    No. 2003-KH-1931.
    Supreme Court of Louisiana.
    Aug. 29, 2003.
   In re Williams, Dwayne;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, to the Court of Appeal, Fourth Circuit, No. 2001-K-0146.

Denied. Relator’s conviction and sentence were not reversed by the appellate court’s ruling which remanded his co-defendant’s case to the trial court for a new trial. Consequently, relator is not entitled to the relief he seeks.

JOHNSON, J., would grant to consider whether relator was entitled to Brady materials before entering guilty plea.


text:
    Kenneth Wayne HUGHES v. Teresa Lynn TALTON.
    No. 2003-C-1487.
    Supreme Court of Louisiana.
    Sept. 3, 2003.
   In re Talton, Teresa Lynn; -Defendant (s);—Applying for Rehearing of an Order of this Court dated June 27, 2003; Fifth Circuit No. 03-CA-12; Parish of Jefferson, 24th JDC Div. N No. 574-394.

The application for rehearing is granted for the limited purpose of clarifying this Court’s order and the effect on this litigation. On June 27, 2003, this Court ordered that this case be realloted. It has since come to our attention that the case had previously been realloted to Judge Lilje-berg in Section “N” of the 24th Judicial District Court. That being the case, the import of our ruling that the case be real-loted out of Section “O” of that court has been accomplished and no further action in compliance with our order is required.


text:
    STATE of Louisiana v. Ifiany Obrinna UMEZULIKE.
    No. 2003-KA-1404.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. I, No. 87871; to the Court of Appeal, Third Circuit, No. 02-1165.

Granted to be docketed as an appeal.


text:
    STATE of Louisiana v. Ressie CHERAMIE.
    No. 2003-KK-1607.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Cheramie, Ressie;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. B, No. 371587; to the Court of Appeal, First Circuit, No. 2003 KW 0708.

The ruling of the Court of Appeal is reversed and the ruling of the trial court is reinstated.

WEIMER, J., recused.


text:
    STATE of Louisiana v. Bernard WILLIAMS.
    No. 2003-KK-1819.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-7488; to the Court of Appeal, Fifth Circuit, No. 03-K-577.

Judgement of the Court of Appeal is vacated and the judgement of the trial court is reinstated.

CALOGERO, C.J., would deny the application.

JOHNSON, J., would deny the application.


text:
    STATE of Louisiana v. Glenard T. JULES.
    No. 2003-KH-2196.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Jules, Glenard;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 409/923.

Granted for the sole purpose of transferring the application to the district court for its consideration.


text:
    STATE of Louisiana v. Eugene MOORE.
    No. 2003-KH-2241.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Moore, Eugene;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. B, No. 20895-02; to the Court of Appeal, Third Circuit, No. KH 03-00340.

Granted for the sole purpose of transferring the application to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE of Louisiana v. Rashan WILLIAMS.
    No. 2002-KO-0144.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Williams, Rashan;—Defendant; Applying for Reconsideration of an Order of this Court dated January 24, 2003, Parish of Washington, 22nd Judicial District Court Div. “B”, No. 98 CR5 732821; to the Court of Appeal, First Circuit No. 2001-KA-0457.

Reconsideration Denied.


text:
    STATE of Louisiana v. Pete ADAMS.
    No. 2003-KH-0938.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Pete Adams, applying for Motion to Enforce this Court’s Order dated April 21, 2003; Parish of Orleans, Criminal District Court, Division “H”, No. 429-661.

Denied. Moot. The district court has acted.


text:
    STATE of Louisiana v. Benjamin LEE.
    No. 2002-KO-2549.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Lee, Benjamin;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. C, No. 414-094; to the Court of Appeal, Fourth Circuit, No. 2001-KA-2082.

Denied.


text:
    STATE of Louisiana v. Jerry E. HARRIS.
    No. 2002-KO-2550.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Harris, Jerry E.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. C, No. 00F1137; to the Court of Appeal, Second Circuit, No. 36,-036-KA.

Denied.


text:
    STATE of Louisiana v. Michael Lewis MURRAY.
    No. 2002-KO-2634.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Murray, Michael Lewis;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. G, No. 210.257; to the Court of Appeal, Second Circuit, No. 36,137-KA.

Denied.


text:
    STATE of Louisiana v. Jo D. HONEYCUTT.
    No. 2002-KO-2635.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Honeycutt, Jo D.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Red River, 39th Judicial District Court Div. 0, No. 88751; to the Court of Appeal, Second Circuit, No. 36,-215-KA

Denied.


text:
    STATE of Louisiana v. Anthony JOHNSON.
    No. 2002-KO-2640.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Johnson, Anthony;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. H, No. 411-576; to the Court of Appeal, Fourth Circuit, No. 2002-KA-0261.

Denied.


text:
    STATE of Louisiana v. Byron CELESTINE.
    No. 2002-KP-2658.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Celestine, Byron;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 391-842; to the Court of Appeal, Fourth Circuit, No. 2002-K-1862.

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 of Louisiana v. Kerry ORGERON.
    No. 2002-KO-2754.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Orgeron, Kerry;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 95-6403; to the Court of Appeal, Fifth Circuit, No. 02-KA-276.

Denied.


text:
    STATE of Louisiana v. Galen DICKERSON.
    No. 2002-KO-2755.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Dickerson, Galen;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 329006; to the Court of Appeal, First Circuit, No. 2001 KA 2963.

Denied.

JOHNSON, J., would grant the writ.


text:
    STATE of Louisiana v. Scott Anthony ROUSSELLE.
    No. 2002-KO-2757.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Rousselle, Scott Anthony;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 225-786; to the Court of Appeal, Fourth Cir-euit, No. 2002-KA-0013.

Denied.


text:
    STATE of Louisiana v. Laurele ROBERTS.
    No. 2002-KO-2758.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Roberts, Laurele;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. B, No. 96F1257; to the Court of Appeal, Second Circuit, No(s). 36,271-KA, 36,272-KA.

Denied.


text:
    STATE of Louisiana v. Leroy CHAPMAN.
    No. 2002-KO-2759.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Chapman, Leroy;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 324141; to the Court of Appeal, First Circuit, No. 2002 KA 0123.

Denied.


text:
    STATE of Louisiana v. Dexter Troy POUNDS.
    No. 2002-KO-2766.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Pounds, Dexter Troy;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 08-00-58; to the Court of Appeal, First Circuit, No. 2002 KA 0064.

Denied.


text:
    STATE of Louisiana v. Leonard B. STOKES.
    No. 2002-KO-2807.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Stokes, Leonard B.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. B, No. 99-F1160; to the Court of Appeal, Second Circuit, No. 36,-212-KA.

Denied.


text:
    STATE of Louisiana v. Johnny TAYLOR and Kenyata Curtis.
    No. 2002-KO-2808.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Taylor, Johnny;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. B, No. 414-246; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1993.

Denied.


text:
    STATE of Louisiana v. Johnny TAYLOR and Kenyata Curtis.
    No. 2002-KO-2809.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Curtis, Kenyata;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. B, No. 414-426; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1993.

Denied.


text:
    STATE of Louisiana v. Courtney KIMBLE.
    No. 2002-KO-2925.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Kimble, Courtney;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. A, No. 94017; to the Court of Appeal, First Circuit, No. 2001 KA 2953.

Denied.


text:
    STATE of Louisiana v. Michael E. SULLIVAN.
    No. 2002-KO-2965.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Sullivan, Michael E.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. D, No. 97-601; to the Court of Appeal, Third Circuit, No. 02-0360.

Denied.


text:
    STATE of Louisiana v. David M. KIRSCH.
    No. 2003-K-0238.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Kirsch, David M.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 312,236; to the Court of Appeal, First Circuit, No. 2002 KA 0993.

Denied.


text:
    STATE of Louisiana v. Sherman BURTON.
    No. 2003-K-0696.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Burton, Sherman;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div, C, No. 407-530; to the Court of Appeal, Fourth Circuit, No. 2002-KA-1854.

Denied.


text:
    STATE of Louisiana v. Rodney JENKINS.
    No. 2003-K-0737.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Jenkins, Rodney;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. B, No. 98-CR 005466; to the Court of Appeal, Third Circuit, No. 02-0997.

Denied.


text:
    STATE of Louisiana v. C. S.
    No. 2003-K-0739.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re C. S.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Livingston, 21st Judicial District Court Div. B, Nos. 14429, 15502; to the Court of Appeal, First Circuit, No. 2002 KA 0977.

Denied.


text:
    STATE of Louisiana v. Kelvin WELLS.
    No. 2003-CP-1265.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Wells, Kelvin;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Juvenile Court Div. B, No. 2-00-097; to the Court of Appeal, First Circuit, No. 2002 CA 0390.

Denied.


text:
    STATE of Louisiana v. Bernard WILLIAMS.
    No. 2003-KK-1848.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Williams, Bernard;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-7488; to the Court of Appeal, Fifth Circuit, No. 2003-K-577.

Application denied.


text:
    STATE of Louisiana v. Pyson MOTON.
    No. 2003-KH-2070.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Moton, Pyson;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. A, No. 106526.

Denied.


text:
    STATE of Louisiana v. Joseph K. SAM.
    No. 2003-KH-2085.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Sam, Joseph K.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 02-1667; to the Court of Appeal, Fifth Circuit, No. 03-KH-726.

Denied.


text:
    STATE of Louisiana v. Roland HELMSTETTER.
    No. 2003-KH-2183.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Helmstetter, Roland;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 02-4353.

Denied.


text:
    STATE of Louisiana v. Milton ISAAC.
    No. 2003-KH-2185.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Isaac, Milton;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 438-372.

Denied.


text:
    STATE of Louisiana v. Pete ADAMS.
    No. 2003-KH-2174.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Adams, Pete;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 429-661.

Denied.


text:
    STATE ex rel. Don C. WILLIS v. STATE of Louisiana.
    No. 2003-KH-2242.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Willis, Don C.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. B, No. 252751; to the Court of Appeal, Third Circuit, No. KH 03-00233.

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. Maurice PAIGE v. STATE of Louisiana.
    No. 2003-KH-1957.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Paige, Maurice;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 357-136; to the Court of Appeal, Fourth Circuit, No. 2003-K-0874.

Denied. See State ex rel. McKnight v. State, 98-2258 (La.App. 1st Cir.12/3/98), 742 So.2d 894.


text:
    STATE ex rel. Noel BERNIARD v. STATE of Louisiana.
    No. 2003-KH-1999.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Berniard, Noel (Pro Se);—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 01-4929; to the Court of Appeal, Fifth Circuit, No. 08-KH-668.

Denied.


text:
    STATE ex rel. Chadwick TATE v. STATE of Louisiana.
    No. 2002-KH-1994.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Tate, Chadwick;—Plaintiff; , Parish .of E. Baton Rouge, 19th Judicial District Court Div. I, No. 12-92-660; to the Court of Appeal, First Circuit, No. 2001 KW 2695.

Denied.


text:
    STATE ex rel. James BOURGEOIS v. STATE of Louisiana.
    No. 2002-KH-2061.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Bourgeois, James;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 00-836; to the Court of Appeal, Fifth Circuit, No. 02-KH-6S9.

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. Samuel MEYERS v. STATE of Louisiana.
    No. 2002-KH-2114.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Meyers, Samuel;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 98-4518; to the Court of Appeal, Fifth Circuit, No. 02-KH-564.

Denied.


text:
    STATE ex rel. Elijah WINZY v. 19TH JUDICIAL DISTRICT COURT.
    No. 2002-CI-2126.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Winzy, Elijah;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 435,-216; to the Court of Appeal, First Circuit, No. 99 CW 2772.

Denied.


text:
    STATE ex rel. Roy VANDERHOFF v. STATE of Louisiana.
    No. 2002-KH-2182.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Vanderhoff, Roy;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. A, No. 235-877; to the Court of Appeal, Fourth Circuit, No. 2002-K-0968.

Denied.


text:
    STATE ex rel. Carlos Ray ARMSTRONG v. STATE of Louisiana.
    No. 2002-KH-2183.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Armstrong, Carlos Ray;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lincoln, 3rd Judicial Dis-triet Court Div. B, No. 42,935; to the Court of Appeal, Second Circuit, No. 36515NCH.

Denied.


text:
    STATE ex rel. Charles Ray SPEARS v. STATE of Louisiana.
    No. 2002-KH-2184.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Spears, Charles Ray;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. D, No. 41918; to the Court of Appeal, First Circuit, No. 2002 KW 0213.

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

WEIMER, J., recused.


text:
    STATE ex rel. Elery CLEMENT, Jr. v. STATE of Louisiana.
    No. 2002-KH-2188.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Clement, Elery, Jr;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. A, No. 12610; to the Court of Appeal, First Circuit, No. 02 KW 268.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Michael LOTT v. STATE of Louisiana.
    No. 2002-KH-2192.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Lott, Michael;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 97-229; to the Court of Appeal, Fifth Circuit, No(s). 02-KH-616, 02-KH-534.

Denied.


text:
    STATE ex rel. Emanuel ISAAC v. STATE of Louisiana.
    No. 2002-KH-2219.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Isaac, Emanuel;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 382-227; to the Court of Appeal, Fourth Circuit, No. 2002-K-1255.

Denied.


text:
    STATE ex rel. Melvin STOKES v. STATE of Louisiana.
    No. 2002-KH-2218.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Stokes, Melvin;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. B, Nos. E-82-9-495, E-82-9-496, E-82-9-497; to the Court of Appeal, First Circuit, No. 2002 KW 731.

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. Henry ROTOLO v. STATE of Louisiana.
    No. 2002-KH-2223.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Rotolo, Henry;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 96-4915; to the Court of Appeal, Fifth Circuit, No. 02-KH-193.

Denied.


text:
    STATE ex rel. Aubrey LEBLANC v. STATE of Louisiana.
    No. 2002-KH-2224.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re LeBlanc, Aubrey;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 90790; to the Court of Appeal, First Circuit, No. 2001 KA 2856.

Denied.


text:
    STATE ex rel. Anthony DIXON v. N. Burl CAIN.
    No. 2002-KH-2225.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Dixon, Anthony;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 291-742; to the Court of Appeal, Fourth Circuit, No. 2002-K-1253.

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. David BOUDREAUX v. STATE of Louisiana.
    No. 2002-KH-2229.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Boudreaux, David;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 93-1435; to the Court of Appeal, Fifth Circuit, No. 02-KH-615.

Denied. Untimely 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; La.C.Cr.P. art. 930.4(A).


text:
    STATE ex rel. Walter COLEMAN v. STATE of Louisiana.
    No. 2001-KH-0106.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Walter Coleman, applying for Motion to Enforce this Court’s order dated January 26, 2003; Parish of Orleans, Criminal District Court, Division “G”, No. 295-548.

Denied. Moot. The district court has acted.


text:
    STATE ex rel. Darren JOHNSON v. STATE of Louisiana.
    No. 2003-KH-2188.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Johnson, Darren;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 416-837.

Writ granted; case transferred to the 19th Judicial District Court for its consideration.


text:
    STATE ex rel. Warren L. JORDAN v. STATE of Louisiana.
    No. 2003-KH-1849.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Jordan, Warren L.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. 0, No. 99-3680.

Granted for the sole purpose of transferring the petition to the district court for enforcement of its order of August 1, 2002, in which it ordered the production of relator’s Boykin transcript, if it has not done so already. The district court is directed to provide this Court with a copy of its ruling.


text:
    STATE ex rel. Lee HUDSON v. STATE of Louisiana.
    No. 2003-KH-2181.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Hudson, Lee;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. A, No. 97300.

Granted for the sole purpose of transferring the application to the district court for its consideration.


text:
    STATE ex rel. Thomas Louis PHILLIPS v. STATE of Louisiana.
    No. 2002-KH-2803.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Phillips, Thomas Louis;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 245-434.

Relator represents that the district court has failed to act timely on a motion for production of documents filed in 2002. If relator’s representation is correct, the district court is ordered to consider and act on the motion. If relator’s representation is incorrect, the district court is ordered to accept, file and act upon the pleading which is herewith transferred to the district court. The district court is ordered to provide this Court with a copy of its judgment.


text:
    In re Judiciary Commission No. 0135-0149.
    No. 2003-O-2020.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Confidential Party;—Plaintiff; Applying for Appeal of Decision of Judiciary Commission.

Denied.


text:
    Succession of Harold Rudolph SAUNDERS.
    No. 2003-C-2211.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Gordon, Jessie Jr.; Gordon, Delores;—Other(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 71716; to the Court of Appeal, First Circuit, No. 2002 CA 1283.

Denied.


text:
    Marilyn MELANCON, et al. v. Kelly MORRISON, et al.
    No. 2003-CC-2351.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Melancon, Marilyn et al.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 474,096; to the Court of Appeal, First Circuit, No. 2003 CW 1061.

Denied.


text:
    A & B BOLT & SUPPLY, INC. v. David S. DAWES, et al.
    No. 2003-CC-2411.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re A & B Bolt & Supply, Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. J, No. 2003-3999; to the Court of Appeal, Third Circuit, No. CW 03-01073.

Denied.

CALOGERO, C.J., recused.


text:
    ENVIRONMENTAL INDUSTRIES RECYCLING, INC. v. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.
    No. 2003-CC-2344.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Environmental Industries Recycling Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 33356; to the Court of Appeal, First Circuit, No. 2003 CW 1545.

Denied.

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

JOHNSON, J., would grant the writ.


text:
    Sadie THOMAS v. SPECTRUM CONTROL TECHNOLOGY, et al.
    No. 2003-CC-2099.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Spectrum Control Technology et al.; Royal & Sunalliance Insurance Co.;—Defendant(s); Applying for Supervisory and/or Remedial Writs Office of Workers’ Compensation District 8, No. 02-05581; to the Court of Appeal, Fourth Circuit, No. 2003-C-1032.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Marilyn MELANCON, et al. v. Kelly MORRISON, et al.
    No. 2003-CC-2096.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Melancon, Marilyn et al.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 474,096; to the Court of Appeal, First Circuit, No. 2003 CW 0695.

Denied.


text:
    A.O. SMITH CORPORATION, et al. v. PERFECTION CORPORATION, et al.
    No. 2003-CC-1799.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Perfection Corporation; American Meter Company;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 99-15646; to the Court of Appeal, Fourth Circuit, No. 2003-C-0088.

Denied.


text:
    Frank MUNSEY, et al. v. COX COMMUNICATIONS OF NEW ORLEANS, INC.
    No. 2003-CC-1294.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Cox Communications of New Orleans Inc.; Cox Communications Louisiana L.L.C.;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 97-19571; to the Court of Appeal, Fourth Circuit, No. 2003-C-0138.

Denied.

JOHNSON, J„ recused.


text:
    Pamela GEORGE, et al. v. HOME DEPOT, U.S.A., INC., et al.
    No. 2003-CC-1261.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re George, Pamela et al.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 99-18713; to the Court of Appeal, Fourth Circuit, No. 2003-C-0315.

Denied.

JOHNSON, J., would grant the writ.


text:
    Ronald HILTS, Jr. v. WAL-MART STORES, INC.
    No. 2003-C-1258.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Hilts, Ronald Jr.;—Plaintiff; Applying for Writ of Certiorari and/or Review Office of Worker’s Compensation District 2, No. 00-09539; to the Court of Appeal, Third Circuit, No. 02-1440.

Denied.


text:
    Sandra STEWART v. OUR LADY OF THE LAKE HOSPITAL, INC.
    No. 2003-C-1255.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Stewart, Sandra;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 454,039; to the Court of Appeal, First Circuit, No. 02 CA 0638.

Denied.


text:
    Donnie BOUDREAUX, et al. v. Benjamin J. WIMBERLEY, et al.
    No. 2003-C-1251.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Boudreaux, Donnie; Boudreaux, Tammy; Boudreaux, Tracy;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, No. 97-C-2344-B; to the Court of Appeal, Third Circuit, No. 02-1064.

Denied.

JOHNSON, J., would grant the writ.


text:
    Jose BONILLA v. COMMODORE CRUISE LINES LIMITED and ABC Insurance Company.
    No. 2003-01356.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Commodore Cruise Lines Ltd.;—Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Orleans, Civil District Court Div. D, No. 96-11320; to the Court of Appeal, Fourth Circuit, No. 2002-CA-2182.

Denied.


text:
    Jose BONILLA v. COMMODORE CRUISE LINES LIMITED and ABC Insurance Company.
    No. 2003-C-1226.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Bonilla, Jose;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. D, No. 96-11320; to the Court of Appeal, Fourth Circuit, No. 2002-CA-2182.

Denied.


text:
    JENNINGS AMERICAN LEGION HOSPITAL v. Margarita DAIGLE.
    No. 2001-C-3294.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Jennings American Legion Hospital;—Plaintiff; Applying for Writ of Cer-tiorari and/or Review Office of Workers’ Compensation District 4, No. 98-05778; to the Court of Appeal, Third Circuit, No. 01-621.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Dorothy A. WEATHERTON v. ISLE OF CAPRI CASINO.
    No. 2003-C-0365.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Weatherton, Dorothy A.;—Plaintiff; Applying for Reconsideration of this Court’s order dated June 6, 2003, Office of Worker’s Compensation District 1 W, Nos. 99-03544, 98-02844, 01-06857, 01-6855, 35-698CM, 98-02844; to the Court of Appeal, Second Circuit, Nos. 36343-WCA, 36,682-WCA.

Reconsideration denied.

CALOGERO, C.J., recused.


text:
    Lorraine BRADLEY, et al. v. Robert A. HOSTEAD, et al.
    No. 2003-CD-1256.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Bradley, Lorraine et al.; Jones, Sabrina;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, Baton Rouge City Court, No. 9810-11434; 19th Judicial District Court Div. M, No. 496.741:

Granted for the sole purpose of transferring the application to the Court of Appeal for its consideration pursuant to La. Const, art. V, Section 10(A). See La. Sup.Ct. Rule X, Section 5(b)(b).


text:
    Cleo FIELDS and the Fields Law Firm, L.L.C. v. James R. DUGAN, II and Gauthier, Downing, Labarre, Beiser and Dean, A Professional Law Firm.
    No. 2003-C-2059.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Dugan, James R. et al.; Gauthier Downing Labarre Beiser and Dean a Professional Law Corp.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 495,-132; to the Court of Appeal, First Circuit, No. 2002 CA 2107.

Denied.

CALOGERO, C.J., recused.

TRAYLOR, J., would grant the writ.


text:
    Barbara PAYNE and Clarence Payne (Employee: Daniel Payne) v. SAM DAVID RACING STABLE.
    No. 2003-C-1300.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Sam David Racing Stables;—Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation Dist. 1-W, No. 01-06542; to the Court of Appeal, Second Circuit, No. 36,-831-WCA.

Denied.


text:
    Douglas R. ABADIE, et al. v. METROPOLITAN LIFE INSURANCE COMPANY, et al. Leblanc & Wadell, L.L.C. v. Landry & Swarr, L.L.C.
    No. 2003-CC-1295.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Landry & Swarr L.L.C.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. Y, No. 424-010; to the Court of Appeal, Fifth Circuit, No. 03-C-0392.

Denied.


text:
    Angela Chustz PARENT v. MASSAGE ACADEMY OF THE SOUTH, INC. and Chicago Insurance Company.
    No. 2003-CC-1289.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Medical Training College Inc.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 440,826; to the Court of Appeal, First Circuit, No. 2003 CW 0022.

Denied.


text:
    Jarrett C. HUE v. Charles RODRIGUE, Louisiana Farm Bureau Insurance Company and State Farm Mutual Automobile Insurance Company.
    No. 2003-C-1287.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Hue, Jarrett C.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. B, No. 81,731; to the Court of Appeal, First Circuit, No. 2002 CA 0246.

Denied.


text:
    Gary BARRILLEAUX, Beau Barrilleaux and Luke Barrilleaux v. Kylane Shane BARTHELEMY and Plaquemines Parish Government.
    No. 2003-C-1254.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Barthelemy, Kylane Shane; Plaquemines Parish Government; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 47-632; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1416.

Denied.


text:
    Prince Solomon AJALA, Individually and on Behalf of his Minor Children, X and Y Ajala v. STATE of Louisiana, DEPARTMENT OF SOCIAL SERVICES, and Dr. Jacqueline Williams, M.D. and Other Unknown Defendants.
    No. 2003-C-1296.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Ajala, Prince Solomon, et al.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 470,532; to the Court of Appeal, First Circuit, No. 2002 CA 0805.

Not considered. Not timely filed.


text:
    Eddie LONDON v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Richard Stalder, and James Leblanc.
    No. 2003-CC-1252.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Louisiana Department of Public Safety & Corrections et al.; Stalder, Richard; LeBlanc, James;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 453,550; to the Court of Appeal, First Circuit, No. 2003 CW 0100.

Denied.

TRAYLOR, J., would grant the writ.


text:
    HONTEX ENTERPRISES, INC. v. CITY OF WESTWEGO, Parish of Jefferson and West Jefferson Levee District, Board of Commissioners. D.R.S. Trading Co., Inc. and Indemnity Insurance of North America v. Louisiana Packing Company, Inc., Hontex Enterprises, Inc., the City of Westwego, the Parish of Jefferson and the West Jefferson Levee District, Board of Commissioners.
    No. 2003-C-0505.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re D.R.S. Trading Co. Inc.; Indemnity Insurance/North America;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, Nos. 543-783, 544-033; to the Court of Appeal, Fifth Circuit, No(s). 02-CA-506, 02-CA-507.

Denied.


text:
    HONTEX ENTERPRISES, INC. v. CITY OF WESTWEGO, Parish of Jefferson and West Jefferson Levee District, Board of Commissioners. D.R.S. Trading Co., Inc. and Indemnity Insurance of North America v. Louisiana Packing Company, Inc., Hontex Enterprises Inc., the City of Westwego, the Parish of Jefferson and the West Jefferson Levee District, Board of Commissioners.
    No. 2003-C-0455.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Hontex Enterprises Inc.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, Nos. 543-783, 544-033; to the Court of Appeal, Fifth Circuit, No(s). 02-CA-506, 02-CA-507.

Denied.


text:
    HANOVER AMERICAN INSURANCE COMPANY v. TRIPPE MANUFACTURING COMPANY, Chubb Insurance Company, Gary Godard d/b/a Godard TV Service and Commercial Union Insurance Company.
    No. 2003-C-1302.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Trippe Manufacturing Company et al.; Federal Insurance Company;—Defendants); Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. B, No. 97-1465; to the Court of Appeal, Second Circuit, No. 37,060-CA.

Denied.


text:
    Jerrilyn WILLIAMS and Todd Williams v. SUPER TRUCKS INC., Ford Motor Company, White & Babin Ford Company, Inc., William C. Martin & Derrell Graham Chevrolet, Inc. Glen F. Post, Jr. v. Super Trucks, Inc., Ford Motor Company, White & Babin Ford Company, Inc., William C. Martin, & Derrell Graham Chevrolet, Inc.
    No. 2003-C-1303.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Williams, Jerrilyn et al.; Williams, Todd;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Union, 3rd Judicial District Court Div. B, Nos. 30,948, 36,964; to the Court of Appeal, Second Circuit, No(s). 36,993, 36,994.

Denied.


text:
    S. PARISH OIL COMPANY, INC. and I.G. Petroleum LLC v. SLATER LAW FIRM (A Professional Corporation), W. Malcolm Stevenson and Kevin M. Wheeler.
    No. 2003-C-1326.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Slater Law Firm (A. Professional Corporation); Stevenson, W. Malcolm; Wheeler, Kevin M.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 2001-11593; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1717.

Denied.


text:
    Frances Turner WEST, on Behalf of Her Minor Son, Lamareo J. West, and Sherry Lambert West, on Behalf of Her Minor Children, Jamarea Lambert West and Beau Lambert West v. Johnnie WATSON, Beatrice Watson, Howard Watson, Specialty Risk and Associates, and Lloyd’s Underwriters at London, Jointly and in Solido.
    No. 2003-C-1297.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re West, Frances Turner et al.; West, Sherry Lambert;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. A, No. 451,745; to the Court of Appeal, Second Circuit, No. 37,100-CA.

Denied.


text:
    James H. SCHULTZ v. Dr. Richard M. HILL, Barbara Stice Hill, Stice-Hill Town & Country Shopping Center Partnership, Dewanna Atkins, J.L. Mallett, Belleview Shopping Center Partnership, Stice-Hill Edgewood Plaza Partnership, and Tioga Oaks Shopping Center General Partnership.
    No. 2003-C-1259.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Schultz, James H.;—Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 448,851; to the Court of Appeal, First Circuit, No. 2002 CA 0835.

Denied.


text:
    Reverend Richmond EDWARDS in his Capacity as Pastor and President of the Board of Directors of Pilgrim Baptist Church of Kenner and on Behalf of the General Membership of Pilgrim Baptist Church of Kenner v. Richmond EDWARDS, Jr., James Evans, Jr., Issac Netters, and Theodore Dunigan.
    No. 2003-CC-1812.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Baker, Edward Bro.; Edwards, Richmond Jr.; Baker, Oliver Bro.; Harris, Aaron Bro.; Johnson, James Bro.; McLarin, Willie Bro.; Piper, Roosevelt Jr. Bro; Robichaux, Lawrence Bro.; Seymore, Brace Bro.; Torrence, Charles Bro.; White, Sam Bro; Wilson, Charles Bro; Howard, Alea Sis.; Evans, James Jr.; Netters, Issac; Dunigan, Theodore;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, Nos. 590-084, 590-158; to the Court of Appeal, Fifth Circuit, No. 03-C-618.

Writ denied. Stay denied.


text:
    The TIMES PICAYUNE PUBLISHING CORPORATION and Susan Finch v. The BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College, Dr. William L. Jenkins as President of the Louisiana State University System and Secretary of the Board of Supervisors, the State of Louisiana Through the Division of Administration and William J. Kling, Jr., Acting State Risk Director and Deputy Undersecretary of the Division of Administration.
    No. 2003-C-1589.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Louisiana State University and Agricultural and Mechanical College Board of Supervisory et al.; Jenkins, William L. Dr. President; Kling, William J. Jr.;—Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 497-116; to the Court of Appeal, First Circuit, No. 2002 CA 2551.

Denied.

KNOLL, J., recused.


text:
    Laura ELLIS, Barbara Langanbeck and Johnette Smith, Individually and on Behalf of the Estate of John I. Albritton v. Shane SHOWS, Louisiana Farm Bureau Mutual Insurance Company and / or Louisiana Farm Bureau Casualty Insurance Company, Chrysler Corporation, Takata, Inc., Takata North American, Inc., Irvin Automotive Products, Inc., Takata Corporation, Morton International, Inc., Thiokol Corporation, TRW, Inc., Parish of West Baton Rouge, and the State of Louisiana Through the Department of Transportation and Development.
    No. 2003-CC-1290.
    Supreme Court of Louisiana.
    Sept. 5, 2003.
   In re Ellis, Laura et al.; Langanbeck, Barbara; Smith, Johnette individually & behalf of; Albritton, John I. Estate of;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, No. 1028592; to the Court of Appeal, First Circuit, No. 2002 CW 2511.

Denied.


author: ^CLARENCE E. McMANUS, Judge. h GOTH ARP, J.,

text:
    Shirley Crusta LeBLANC, C.E. Bourg, William Bourg, Steven R. Bourg, Gail B. Parker and Rita Campbell v. Kenneth W. ANDRIEU, Christopher Lawler, Donovan & Lawler, LLC and Westport Insurance Corporation.
    No. 03-CA-355.
    Court of Appeal of Louisiana, Fifth Circuit.
    July 29, 2003.
    Philip C. Ciaccio, Jr., New Orleans, LA, for plaintiffs-appellants.
    Gus A. Fritchie, Irwin Fritchie Urquhart & Moore, New Orleans, LA, for defendants-appellees.
    Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD and CLARENCE E. McMANUS.
   ^CLARENCE E. McMANUS, Judge.

STATEMENT OF THE CASE

Bernadine Nowak Van Kuren executed an olographic will on September 26, 1980. Van Kuren named her siblings as the residual legatees who were to each receive a one fourth interest in the residual estate. Those siblings listed in the will are Bernard Nowak, William R. Torres, Jr., Florentine Torres Bourg and Shirley Crusta LeBlanc. Thereafter, on November 16, 1990, Van Kuren prepared a hand written codicil to the will, which was invalid because it was not signed by her.

On October 21, 1996, Van Kuren hired Kenneth W. Andrieu to prepare a codicil to her September 26, 1980 will. Andrieu was an attorney and notary employed by the law firm of Donovan & Lawler, L.L.C. Andrieu prepared the codicil and on October 21, 1996, Van Kuren signed the one page document, which removed her brothers, Bernard Nowak and William Robert Torres, Jr. as residual legatees of her estate, leaving only her sisters, Florentine Bourg and Shirley LeBlanc as residual legatees. The codicil also listed Rita and Edward Campbell as particular legatees to receive $5,000.00. Andrieu notarized the signature of Van Kuren, however, the signature was not witnessed by two witnesses, nor was there an attestation clause included.

|sVan Kuren died on December 20, 2000. One sister, Florentine Bourg predeceased her leaving four heirs to her estate, C.E. Bourg, William Bourg, Steven R. Bourg and Gail B. Parker. On January 29, 2001, Shirley LeBlanc, who was appointed executor of Van Kuren’s estate by the 1980 will, went to attorney Christopher Lawler of Donovan & Lawler, L.L.C. and requested that the succession be opened. At that time, LeBlanc gave Lawler all wills and codicils left by Van Kuren. On August 21, 2001, Lawler informed LeBlanc of a possible defect in the form of the codicil because there were no witnesses to the signature nor an attestation clause. Lawler informed LeBlanc that if the codicil was found to be invalid, she and Florentine Bourg’s heirs would receive less because her brothers, Bernard Nowak and William Torres, Jr. would still be entitled to a portion of the residual estate in accordance with the 1980 will. In addition, Rita Campbell would receive no portion of the estate because she was not listed in the 1980 will.

Lawler attempted to reach an agreement with Bernard Nowak and William Torres, Jr. but they refused to relinquish their inheritance rights. Lawler then transferred the file to the law firm of Syracuse and Traverse who opened the succession and continue to represent the estate. On June 26, 2002, Lawler sent a letter to LeBlanc notifying her that if the codicil prepared by Andrieu was declared invalid, she and the other heirs would have to file suit against Donovan & Lawler, L.L.C. on or before August 21, 2002 for damages they would suffer as a result of the negligence of their employee, Andrieu.

On August 14, 2002, LeBlanc, Florentine Bourg’s heirs and Rita Campbell filed suit against Andrieu, Lawler, Donovan & Lawler, L.L.C. and Westport Insurance Corporation, Donovan & Lawler’s malpractice insurer. The plaintiffs allege that Andrieu negligently drafted and notarized the codicil. The plaintiffs also allege that Lawler failed to advise LeBlanc, the executor of the estate, of the |4need to file a lawsuit against Andrieu within one year of the date she first presented the will and codicil for his review, which was January 29, 2001.

Andrieu, Lawler, Donovan & Lawler, L.L.C. and Westport Insurance Company filed a Peremptory Exception of No Cause of Action on September 24, 2002. They argued that the plaintiffs’ claims were per-empted, pursuant to LSA R.S. 9:5605, because three years from the date of the alleged error had passed. They contended that the allegedly defective codicil was prepared on October 21, 1996, therefore, any suit for legal malpractice filed after October 21,1999 would be time barred.

On December 18, 2002, the trial court held a hearing and orally granted the exception. A written judgment granting the exception and dismissing the plaintiffs’ claims with prejudice was signed by the trial court on December 30, 2002. The plaintiffs now appeal arguing that the trial court erred as a matter of law when it granted the peremptory exception of no cause of action and dismissed the plaintiffs’ claims with prejudice.

For the reasons which follow, we agree with the trial court and affirm the judgment granting defendants’ exception of no cause of action and dismissing plaintiffs’ claims with prejudice.

DISCUSSION

The plaintiffs only appeal the portion of the judgment which dismissed their claims with regard to the alleged negligence of Kenneth Andrieu. They argue that An-drieu was acting in the capacity of a notary at the time he negligently drafted and executed the codicil. They further argue that the time period for filing a claim against a notary public is governed by La. C.C. art. 3492, which provides a liberative prescription of one year from the date the plaintiffs become aware of the tort and resulting damages. They argue that LSA R.S. 9:5605 applies to legal malpractice claims and does not apply to their claim against Andrieu.

| sIn opposition, defendants argue that Andrieu was an employee of the law firm of Donovan & Lawler, L.L.C. and was employed as an attorney at the time he was retained by the plaintiffs. They argue that he drafted the codicil in his capacity as an attorney and then notarized Van Kuren’s signature. Defendants contend that an attorney who performs legal services and notarial services at the same time is entitled to assert the preemptive time bar in LSA R.S. 9:5605. Defendants also argue that there is no merit to the plaintiffs’ allegations that Andrieu was only acting in his capacity as a notary because according to LSA R.S. 35:2 a notary public may only “receive wills”, which would not include the drafting of the codicil. Finally, defendants argue that LSA R.S. 9:5605 should apply to Andrieu even as a notary since he would likely not be a notary if not for being an attorney and being exempt from the exam.

First, we find that Andrieu was acting in the capacity as an attorney when he allegedly negligently drafted the codicil to the will. He was employed as an attorney and Van Kuren retained his services for the purpose of drafting the codicil. We cannot ignore the fact that Andrieu was an attorney and worked for a law firm when he was hired to draft the codicil. The fact that he was also a notary and capable of notarizing Van Kuren’s signature does not exclude him from the possibility of a legal malpractice claim.

Next, we find that LSA R.S. 9:5605 applies to the plaintiffs’ claims and, therefore, the claims are perempted. LSA R.S. 9:5605 provides:

A. No action for damages against any attorney at law duly admitted to practice in this state, any partnership of such attorneys at law, or any professional corporation, company, organization, association, enterprise, or other commercial business or professional combination authorized by the laws of this state to engage in the practice of law, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide legal services shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered; | ^however, even as to actions filed within one year from the date of such discovery, in all events such actions shall be filed at the latest within three years from the date of the alleged act, omission, or neglect.
B. The provisions of this Section are remedial and apply to all causes of action without regard to the date when the alleged act, omission, or neglect occurred. However, with respect to any alleged act, omission, or neglect occurring prior to September 7, 1990, actions must, in all events, be filed in a court of competent jurisdiction and proper venue on or before September 7, 1993, without regard to the date of discovery of the alleged act, omission, or neglect. The one-year and three-year periods of limitation provided in Subsection A of this Section are peremptive periods within the meaning of Civil Code Article Si58 and, in accordance with Civil Code Article 34.61, may not be renounced, interrupted, or suspended.
C. Notwithstanding any other law to the contrary, in all actions brought in this state against any attorney at law duly admitted to practice in this state, any partnership of such attorneys at law, or any professional law corporation, company, organization, association, enterprise, or other commercial business or professional combination authorized by the laws of this state to engage in the practice of law, the prescriptive and per-emptive period shall be governed exclusively by this Section.

The alleged act of negligence by Andrieu occurred on October 26, 1996, the date the codicil was executed. The plaintiffs discovered the alleged negligent act on August 21, 2001, when Lawler informed Le-Blanc of the possible defect in the codicil. The plaintiffs filed their petition on August 14, 2002. The petition was filed within one year of the date of discovery of the alleged act of negligence. However, the petition was not filed within three years of the date of the alleged act of negligence. Therefore, according to LSA R.S. 9:5605, the plaintiffs’ claims are perempted.

In accordance with the above, we affirm the trial court’s judgment granting the defendants’ peremptory exception of no cause of action and dismissing the plaintiffs’ claims with prejudice.

AFFIRMED.

GOTHARD, J., concurs,

h GOTH ARP, J.,

concurring.

The malpractice occurred in October of 1996; however, the plaintiff did not discover it until August of 2001, well after the action had been preempted. Although the result reached may be perceived as unfair, it is mandated by the Legislature.

While the terms of the legal malpractice statute of limitations statute may seem unfair in that a person’s claim may be extinguished before he realizes the full extent of his damages, the enactment of such a statute of limitations is exclusively a legislative prerogative.
The Legislature was aware of the pitfalls in this statute but decided, within its prerogative, to put a three-year absolute limit on a person’s right to sue for legal malpractice, just as it would be within its prerogative to not allow legal malpractice actions at all. See, May 29, 1990 Minutes of the Civil Law and Procedure Committee of the Louisiana House of Representatives, House [Pg 9] Bill No. 1338 (John deGravelles, from the Louisiana Trial Lawyers Association testified that the LTLA opposed any bill that provides a three-year peremptive period because it could extinguish a cause of action before it arises and was thus unfair and raised basis constitutional questions. Nevertheless, the Bill was reported favorably by the Committee by a unanimous vote.). Thus, while a three-year peremptive period may not be particularly generous, “it is not our role to consider the policy or the wisdom of the [Legislature] in adopting the statute.”

Reeder v. North, 97-0239 (La.10/21/97), 701 So.2d 1291, 1297.

laWhile I am sympathetic to the plaintiffs, whose cause of action was preempted before they discovered it and thus before they knew to file a claim, I recognize that the result reached is legally correct. Accordingly, I respectfully concur.