text:
    Ricky SEABERRY v. STATE of Louisiana, DPSC, et al.
    No. 2004-CP-1712.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Seaberry, Ricky; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Claiborne, 2nd Judicial District Court Div. A, No. 36,220; to the Court of Appeal, Second Circuit, No. 38,-996-CW.

Denied.


source: Caselaw Access Project

license: Public Domain

text:
    Larry Donnell NICHOLS v. Burl CAIN, et al.
    No. 2004-CP-1711.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Nichols, Larry Donnell; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 486,544; to the Court of Appeal, First Circuit, No. 2003 CA 1169.

Denied.

CALOGERO, C.J., would grant for reasons assigned by FITZSIMMONS.

JOHNSON, J., would grant for reasons assigned by FITZSIMMONS.


author: WEIMER, J.,

text:
    Rosa Lee WATTS, et al. v. GEORGIA-PACIFIC CORPORATION, et al.
    No. 2004-CC-1705.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Hebert Brothers Engineers Inc.;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. A, No. 55,941-A; to the Court of Appeal, First Circuit, No. 2004 CW 1186.

Denied.

WEIMER, J.,

concurring. I concur in the writ denial. The facts in this matter are not sufficiently developed for resolution at this time.


text:
    Ecclesiastes VEAZIE v. GILCHRIST CONSTRUCTION COMPANY.
    No. 2004-C-1692.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Gilchrist Construction Company;— Defendant; Applying for Writ of Certiora-ri and/or Review Office of Workers’ Compensation District 03, No. 02-06391; to the Court of Appeal, Third Circuit, No. 04-118.

Denied.

VICTORY, J., would grant on attorney fees and penalties.

TRAYLOR, J., would grant on attorney fees and penalties.


text:
    Kevin Dale GRIFFIN, et ux. v. Doris John ABSHIRE, et ux.
    No. 2004-C-1663.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Abshire, Doris John, et ux.; Ab-shire, Theresa Pommier; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. 0, No. 76818-D; to the Court of Appeal, Third Circuit, No. OJ-OOS?.

Denied.


text:
    John C. BEIER v. Betsy A. FISCHER.
    No. 2004-CC-1661.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Fischer, Betsy A.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 2003-14473; to the Court of Appeal, First Circuit, No. 2004 CW 0425.

Denied.


text:
    Floyd RUSSO v. AIR PRODUCTS AND CHEMICALS, INC., et al.
    No. 2004-CC-1659.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Murphy Oil USA, Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 03-18399;. to the Court of Appeal, Fourth Circuit, No. 2004-C-0810.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.


text:
    Celia Ann MARKS, et al. v. OHMEDA, INC., et al.
    No. 2004-C-1653.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Marks, Celia Ann, et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, No. 98-C-3906; to the Court of Appeal, Third Circuit, No. 03-1446.

Denied.


text:
    Alfred BOSTICK v. NEW ORLEANS PUBLIC FACILITY MANAGEMENT, INC.
    No. 2004-CC-1652.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Bostick, Alfred; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 03-6158; to the Court of Appeal, Fourth Circuit, No. 2004-C-0954.

Denied.


text:
    Celia Ann MARKS, et al. v. OHMEDA, INC., et al.
    No. 2004-C-1617.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Ohmeda, Inc.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, No. 98-C-3906; to the Court of Appeal, Third Circuit, No. 03-1446.

Denied.


text:
    Renell Fritsche STURDIVANT and Vernon Sturdivant v. Randy SNEAD, et al.
    No. 2004-C-1615.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Sturdivant, Renell Fritsche, et al.; Sturdivant, Vernon; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. J, No. 20022757; to the Court of Appeal, Third Circuit, No. 04-0024.

Denied.


text:
    SAFEWAY FINANCIAL SERVICES, INC. v. PRIORITY E.M.S., INC.; Michael Boatright and Jan Boatright.
    No. 2004-C-1614.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Priority E.M.S., Inc., et al.; Boat-right, Michael; Boatright, Jan; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 592-427; to the Court of Appeal, Fifth Circuit, No. 04-CA-4.

Denied.


text:
    Jeanette PALMER, et al. v. BROWNING FERRIS, INC., et al.
    No. 2004-CC-1609.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Palmer, Jeanette, et al.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. D, Nos. 63 — 145, 65-773; to the Court of Appeal, Fourth Circuit, No. 2004-C-0475.

Denied.

JOHNSON, J., would grant the writ.


text:
    Willard A. EASTIN, Jr., et al. v. ENTERGY CORPORATION, et al.
    No. 2004-CC-1606.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Entergy Corporation, et al.; En-tergy Services, Inc.; Entergy Louisiana, Inc. f/k/a; Entergy New Orleans, Inc. f/k/a; Louisiana Power & Light Co.; New Orleans Public Service, Inc.; Entergy Gulf States, Inc. f/k/a; Gulf States Utilities Co.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 456-981; to the Court of Appeal, Fifth Circuit, No. 04-C-547.

Denied.


text:
    Patricia Marshall SCHULER v. Raymond Gerard SCHULER.
    No. 2004-C-1603.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Schuler, Patricia Marshall; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. G, No. 596-590; to the Court of Appeal, Fifth Circuit, No. 04-CA-91.

Denied.

KNOLL, J., would grant in part on child support issue only.


text:
    Michael GIARRUSSO v. CITY OF KENNER, Kenner Municipal Fire and Police Civil Service Board.
    No. 2004-C-1589.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Giarrusso, Michael; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. D, No. 591-055; to the Court of Appeal, Fifth Circuit,- No. 04-CA-69.

Denied.


text:
    Shandon R. MURRAY, et al. v. Margie MCHUGH, et al. Elrick Murray, et al. v. Margie McHugh, et al.
    No. 2004-CC-1356.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re State of Louisiana; Transportation & Development, Dept, of; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Concordia, 7th Judicial District Court Div. A, Nos. 35,360, 35,570; to the Court of Appeal, Third Circuit, No. CW 04-00224.

Denied.

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    BOBBY AND RAY WILLIAMS PARTNERSHIP, L.L.P. v. THE SHREVEPORT LOUISIANA HAYRIDE CO., L.L.C., et al.
    No. 2004-C-1215.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Bobby and Ray Williams Partnership L.L.P.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. K, No. 466,593; to the Court of Appeal, Second Circuit, No. 38,224-CA.

Denied.


text:
    In the Matter of STATE of Louisiana v. Lucas JEFFERSON.
    No. 2004-KP-0658.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Jefferson, Lucas; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 98-6122; to the Court of Appeal, Fifth Circuit, No. 04-KH-7.

Denied.


text:
    Ellen OLIVER v. HORSESHOE ENTERTAINMENT.
    No. 2004-CC-2357.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Horseshoe Entertainment; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. E, No. 111,606; to the Court of Appeal, Second Circuit, No. 39274-CW.

Writ denied. Stay denied.


text:
    Kenneth Michael WRIGHT v. Darryl TSCHIRN.
    No. 2004-C-1718.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Wright, Kenneth; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 2001-5283; to the Court of Appeal, Third Circuit, No. OS-1676.

Not considered; not timely filed.


text:
    Julian C. LEBLANC, Ovey LeBlanc, et al. v. STATE FARM INS. CO., et al.
    No. 2004-C-1642.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re LeBlanc, Julian C. et al.; LeBlanc, Ovey; — Plaintiffis); Applying for Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. E, No. 089339E; to the Court of Appeal, Third Circuit, No. 03-1522.

Writ not considered; not timely filed.


text:
    Carliss Wayne GORDON, Sr. v. Ether St. Andre GORDON.
    No. 2004-CC-1600.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Gordon, Carliss Wayne Sr.;— Plaintiff (s); Applying for Reconsideration of this Courts action dated July 6, 2004; Parish of Jefferson Davis, 31th Judicial District Court Div. O, No. C-269-01; to the Court of Appeal, Third Circuit, No. CW 04-00402.

Reconsideration not considered. See Supreme Court Rule IX, Section 6.


text:
    David ROWLES v. JACK PIERCE TRUCKING.
    No. 2004-CC-1355.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Jack Pierce Trucking; — Defendant; Applying for Supervisory and/or Remedial Writs Office of Workers Compensation, Dist.-lW, No. 03-04404; to the Court of Appeal, Second Circuit, No. 38924-WCW.

Granted. The ruling of the Office of Workers’ Compensation denying relator’s “Exceptions of No Cause of Action and/or Lack of Subject Matter Jurisdiction” is vacated and set aside. It is ordered that the exceptions be referred to the merits. Case remanded to the Office of Workers Compensation for further proceedings.

JOHNSON, J., would deny the writ.


text:
    Vicki Coudrain LANZA v. Louis LANZA.
    No. 2004-C-1756.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Lanza, Louis; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. E, No. 1997-15984; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1382.

Granted.


text:
    Vicki Coudrain LANZA v. Louis LANZA.
    No. 2004-C-1314.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Lanza, Vicki Coudrain; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. E, No. 1997-15984; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1382.

Granted.


text:
    Donald J. WINFORD v. CONERLY CORPORATION.
    No. 2004-C-1278.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Winford, Donald J.; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Comp. Dist. 8, No. OWC # 01-04834; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1747.

Granted.


text:
    STATE of Louisiana v. Sharon ANTHONY.
    No. 2004-KK-2204.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Anthony, Sharon; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 02-6061; to the Court of Appeal, Fifth Circuit, No. 04-KH-914.

Denied.

CALOGERO, C.J., recused.


text:
    STATE of Louisiana v. Tyrone STEVENS.
    No. 2004-KK-1391.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Stevens, Tyrone; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. A, No. 02-CR-1068; to the Court of Appeal, First Circuit, No. 2004 KW 0720.

Denied.


text:
    STATE of Louisiana v. Jeffery C. FORD.
    No. 2004-K-1087.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Ford, Jeffery C.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. H, No. 432^472; to the Court of Appeal, Fourth Circuit, No. 2003-KA-1321.

Denied.


text:
    STATE of Louisiana v. Percy James CHEATHAM a/k/a Percy Smith.
    No. 2004-K-1104.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Cheatham, Percy James a/k/a; Smith, Percy; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 386,014; to the Court of Appeal, First Circuit, No. 2003 KA 2050.

Denied.

CALOGERO, C.J., recused.


text:
    STATE of Louisiana v. Toxie R. ODOM.
    No. 2004-K-1105.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Odom, Toxie R.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Washington, 22nd Judicial District Court Div. A, No. 01-CR3-81852; to the Court of Appeal, First Circuit, No. 2003 KA 1772.

Denied.

CALOGERO, C.J., recused.


text:
    STATE of Louisiana v. Darren HARRELL.
    No. 2004-K-1113.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Harrell, Darren; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 7-02-207; to the Court of Appeal, First Circuit, No. 2003 KA 1766.

Denied.


text:
    STATE of Louisiana v. Billy Frank JACKSON.
    No. 2004-KO-1126.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Jackson, Billy Frank; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. H, No. 20083-01; to the Court of Appeal, Third Circuit, No. 03-1079.

Denied.


text:
    STATE of Louisiana v. Jeffery Michael MILLER.
    No. 2004-KO-1127.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Miller, Jeffery Michael; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. G, No. 212,336; to the Court of Appeal, Second Circuit, No. 37,472-KA.

Denied.


text:
    STATE of Louisiana v. Jackie V. LEE.
    No. 2004-KO-1128.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Lee, Jackie V.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. D, No. 202,551; to the Court of Appeal, Second Circuit, No. 38,114-KA.

Denied.


text:
    STATE of Louisiana v. Virgil Lorenzo SMITH.
    No. 2004-K-1139.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Smith, Virgil Lorenzo; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 334402; to the Court of Appeal, First Circuit, No. 2003 KA 1341.

Denied.

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


text:
    STATE of Louisiana v. Damian BODE.
    No. 2004-KP-0661.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Bode, Damian; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 01-1027; to the Court of Appeal, Fifth Circuit, No. 04-KH-32.

Denied.


text:
    STATE of Louisiana v. Barry Ray GIBSON.
    No. 2003-KH-2549.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Gibson, Barry Ray; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 85-0039; to the Court of Appeal, Third Circuit, No. KH 03-00634.

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 ex rel. Toby Delee DAVIS v. STATE of Louisiana.
    No. 2004-KP-0699.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Davis, Toby Delee; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. G, No. 80915; to the Court of Appeal, First Circuit, No. 2003 KW 2585.

Denied.

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


text:
    STATE of Louisiana ex rel. Kendrick GILMORE v. STATE of Louisiana.
    No. 2004-KP-0700.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Gilmore, Kendrick; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 12-01-333; to the Court of Appeal, First Circuit, No. 2004 KW 0009.

Denied.


text:
    STATE ex rel. Bennett B. PIERRE v. STATE of Louisiana.
    No. 2004-KP-0740.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Pierre, Bennett B.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 280,406; to the Court of Appeal, First Circuit, No. 2003 KW 2828.

Denied.


text:
    STATE ex rel. Glenn FORD v. STATE of Louisiana.
    No. 2004-KP-0745.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Ford, Glenn; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 126,005.

Denied.

VICTORY, J., recused.


text:
    STATE ex rel. Macle O. PARKER v. STATE of Louisiana.
    No. 2003-KH-2713.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Parker, Made 0.; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 00-5111; to the Court of Appeal, Fifth Circuit, No. 03-KH-980.

Denied.


text:
    STATE ex rel. Daveon MCCULLOUGH v. STATE of Louisiana.
    No. 2003-KH-2727.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   . In re McCullough, Daveon; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. F, No. 240891; to the Court of Appeal, Third Circuit, No. 02-01338.

Denied.


text:
    STATE ex rel. Joseph T. BADEAUX v. STATE of Louisiana.
    No. 2003-KH-2760.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Badeaux, Joseph T.; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, No. 99K4212; to the Court of Appeal, Third Circuit, No(s). KH 03-00848, KH 03-00892.

Denied.


text:
    STATE ex rel. Alvin HANSON v. STATE of Louisiana.
    No. 2003-KH-2838.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Hanson, Alvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 99-0008; to the Court of Appeal, Fifth Circuit, No. 03-KH-1116.

Denied.


text:
    STATE ex rel. Alcaday BARNES v. STATE of Louisiana.
    No. 2003-KH-2859.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Barnes, Alcaday; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 379-695; to the Court of Appeal, Fourth Circuit, No. 2003-K-1554.

Denied. Untimely, not cognizable on collateral review, 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. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La.C.Cr.P. art. 930.4D.


text:
    STATE ex rel. Clyde E. KING v. STATE of Louisiana.
    No. 2003-KH-2869.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re King, Clyde E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. A, No. 55122; to the Court of Appeal, Third Circuit, No. KH 03-01029.

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 HYPOLITE v. STATE of Louisiana.
    No. 2003-KH-2667.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Hypolite, Preston; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. C, No. 99-1910; to the Court of Appeal, Third Circuit, No. KH 03-00602.

Denied.


text:
    STATE ex rel. Derrick ESTES v. STATE of Louisiana.
    No. 2003-KH-2647.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Estes, Deirick; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th • Judicial District Court Div. E, No. 99-3201; to the Court of Appeal, Fifth Circuit, No. 03-KH-952.

Denied.


text:
    STATE ex rel. Frederick D. LEE v. STATE of Louisiana.
    No. 2003-KH-2638.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Lee, Frederick D.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 200,229; to the Court of Appeal, Second Circuit, No. 37988-KH.

Denied.


text:
    STATE ex rel. Michael D. FISH v. STATE of Louisiana.
    No. 2003-KH-2625.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Fish, Michael D.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 99-1067; to the Court of Appeal, Fifth Circuit, No. 02-KH-1045.

Denied.


text:
    STATE ex rel. Frank SERGENT v. STATE of Louisiana.
    No. 2003-KH-2623.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Sergent, Frank; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 410-885; to the Court of Appeal, Fourth Circuit, No. 2003-K-1074.

Denied.


text:
    STATE ex rel. Oliver HOWARD v. STATE of Louisiana.
    No. 2003-KH-2598.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Howard, Oliver; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 97-5887; to the Court of Appeal, Fifth Circuit, No. 03-KH-945.

Denied.


text:
    STATE ex rel. Emmie Petty NELSON v. STATE of Louisiana.
    No. 2003-KH-2579.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Nelson, Emmie Petty; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caldwell, 37th Judicial District Court Div. 0, No. 56560; to the Court of Appeal, Second Circuit, No. 37874-KH.

Denied.


text:
    STATE ex rel. Richard L. WARREN v. STATE of Louisiana.
    No. 2003-KH-2570.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Warren, Richard L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. A, No. 6-95-683; to the Court of Appeal, First Circuit, No. 2003 KW 1027.

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. Joseph L. SOILEAU v. STATE of Louisiana.
    No. 2003-KH-2566.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Soileau, Joseph L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, Nos. 98-4576, 98-3547; to the Court of Appeal, Third Circuit, No. KH 03-00366.

Denied.


text:
    STATE ex rel. Ernest M. SERIO v. STATE of Louisiana.
    No. 2003-KH-2561.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Serio, Ernest M.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 92^4811; to the Court of Appeal, Fifth Circuit, No. 03-KH-863.

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


text:
    STATE ex rel. Karl CLOMBURG v. STATE of Louisiana.
    No. 2003-KH-2557.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Clomburg, Karl;' — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. D, No. 194-538; to the Court of Appeal, Fourth Circuit, No. 2003-K-1358.

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. Ray JONES v. STATE of Louisiana.
    No. 2003-KH-2556.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Jones, Ray Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 110,300.

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. Marvin HAMILTON v. STATE of Louisiana.
    No. 2003-KH-2552.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Hamilton, Marvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 99-6860; to the Court of Appeal, Fifth Circuit, No. 03-KH-890.

Denied.


text:
    STATE ex rel. Larry St. AMANT v. STATE of Louisiana.
    No. 2003-KH-2551.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re St. Amant, Larry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 99-4922; to the Court of Appeal, Fifth Circuit, No. 03 KH-673.

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. Shawn LACOUR v. STATE of Louisiana.
    No. 2003-KH-2311.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Lacour, Shawn; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 99-5954; to the Court of Appeal, Fifth Circuit, No. 03-KH-731.

Denied.


text:
    STATE ex rel. Tremaine PAYNE v. STATE of Louisiana.
    No. 2003-KH-2288.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Payne, Tremaine; — Plaintiff; Applying for Reconsideration of this Court’s Order dated August 20, 2004; Parish of Jefferson, 24th Judicial District Court Div. P, No. 00-2654; to the Court of Appeal, Fifth Circuit, No. 03-KH-738.

Reconsideration denied.


text:
    STATE ex rel. Derrick HAYNES v. STATE of Louisiana.
    No. 2003-KH-1778.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Derrick Haynes; Applying for Reconsideration of this Court’s action dated June 18, 2004; Parish of Orleans, Criminal District Court, Div. B. No. 354-948; to the Court of Appeal, Fourth Circuit, No. 2003-K-0831.

Reconsideration denied.


text:
    WESTERN AMERICAN SPECIALIZED TRANSPORTATION SERVICES, INC. v. Robert LIGON, Nancy Ligon, Steve Ligon and Truck-It, Inc.
    No. 2004-OC-1636.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Ligón, Robert et al.; Ligón, Nancy; Truck-It Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 96-5009-4B; to the Court of Appeal, Third Circuit, No. CM04-441.

Denied.

TRAYLOR, J., would grant the writ.


text:
    Jayanne CRAWLEY, d/b/a Southlands Premium Tropicals v. COASTAL BRIDGE CO., INC. and Louisiana Grain Services, Inc.
    No. 2004-C-1637.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Crawley, Jayanne d/b/a; South-lands Premium Tropicals; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of St. John, 40th Judicial District Court Div. A, No. 43370; to the Court of Appeal, Fifth Circuit, No. 03-CA-1303.

Denied.


text:
    In re MCDERMOTT INCORPORATED, et al. v. RECORDS STORAGE & SERVICES, INC., et al.
    No. 2004-CC-1644.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re McDermott Inc.; Lowe, Stein Hoffman Allweiss & Hauver L.L.P.;— Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, Nos. 2002-5763, 2002-8479, 2002-8491, 2002-8573; to the Court of Appeal, Fourth Circuit, No. 2004-C-0795.

Denied.


text:
    STATE FARM FIRE AND CASUALTY COMPANY and Acadian Builders in Gonzales, Inc. v. The OHIO CASUALTY INSURANCE COMPANY.
    No. 2004-CC-1646.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Ohio Casualty Ins. Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. C, No. 73,947; to the Court of Appeal, First Circuit, No. 2004 CW 0338.

Denied.


text:
    Murphy MATTHEWS v. The STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al.
    No. 2004-CC-1631.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Louisiana, State of, et al.; Transportation and Development, Dept, of; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of La-fourche, 17th Judicial District Court Div. A, No. 79,634; to the Court of Appeal, First Circuit, No. 2004 CW 0705.

Denied.

TRAYLOR, J., would grant the writ.


text:
    Jennifer SMITH, on Behalf of Molly SMITH, Heidi Smith and Robert Smith, and Letitia Nelson on Behalf of Ralensee Nelson v. STATE of Louisiana DEPARTMENT OF HEALTH & HOSPITALS, Louisiana State Medical Center of New Orleans and Coroner Frank Minyard.
    No. 2004-C-1608.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Minyard, Frank M.D. (Coroner);— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Orleans, Civil District Court Div. A, No. 98-08110; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1845.

Denied.


text:
    Joyce SONNIER v. MEDICAL CENTER OF LOUISIANA IN NEW ORLEANS Through the LSU MEDICAL CENTER HEALTH SERVICE DIVISION.
    No. 2004-C-1619.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Medical Center of Louisiana in New Orleans through; LSU Medical Center Health Service Division; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 03-263; to the Court of Appeal, Fourth Circuit, No. 2004-CA-0001.

Writ not considered; not timely filed.


text:
    Michelle VAN, Susanne Chaix, Melissa Blackledge, Tammy Blackledge, Mary Marcel, Marlena Blackledge, Lesley Blackledge, Lucielle Blackledge, et al v. VENCORP HOSPITAL NEW ORLEANS a/k/a Vencor Nursing Centers East, L.L.C., et al.
    No. 2004-CC-1665.
    Supreme Court of Louisiana.
    Oct. 8, 2004.
   In re Vencorp Hospital New Orleans, et al.; Vencorp Hospital New Orleans a/k/a Vencor Nursing Centers East, L.L.C.; Vencor Nursing Centers East, L.L.C.; Transitional Hospitals Corporation of Louisiana a/k/a Transitional Hospitals Corporation; Transitional Hospitals Corporation; Watkins, John; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 99-16719; to the Court of Appeal, Fourth Circuit, No. 2004-C-0591.

Denied.


author: CALOGERO, C.J.,

text:
    STATE of Louisiana v. Jason M. REEVES.
    No. 2004-KK-2486.
    Supreme Court of Louisiana.
    Oct. 11, 2004.
   In re Reeves, Jason M.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 20179-01; to the Court of Appeal, Third Circuit, No. KW 04-01272.

Denied.

CALOGERO, C.J.,

concurs in denying the stay and denying the writ. The issue can be revisited in the event of conviction and appeal.


text:
    George A. THARP v. STATE of Louisiana, et al.
    No. 2004-CC-2492.
    Supreme Court of Louisiana.
    Oct. 12, 2004.
   In re Tharp, George A.; State of Louisiana et al.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Grant, 85th Judicial District Court Div. 0, No. 13093; to the Court of Appeal, Third Circuit, No. CW 04-01363.

Stay denied. Writ denied.


text:
    Randy HANKS, et al. v. Dr. A. Kent SEALE, et al.
    No. 2004-C-1485.
    Supreme Court of Louisiana.
    Oct. 14, 2004.
   In re Louisiana Patients’ Compensation Fund; — Other; Applying for Writ of Cer-tiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 2000-004038; to the Court of Appeal, Third Circuit, No. 04-9.

Granted.


text:
    Barry HORNSBY and Larry Hornsby v. BAYOU JACK LOGGING, et al.
    No. 2004-C-1297.
    Supreme Court of Louisiana.
    Oct. 14, 2004.
   In re Bayou Jack Logging, et al.; Republic Vanguard Insurance Company; Guillot, Kenneth d/b/a; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Acadia, 15th Judicial District Court Div. B, Nos. 77,587, 77,617; to the Court of Appeal, Third Circuit, No(s). 03-1544, 03-1545.

Granted.


text:
    Sandra Cabrina JENKINS v. Kimberly WILLIAMSON-BUTLER, Clerk of Court, Criminal District Court for the Parish of Orleans, and Chief Election Officer for the Parish of Orleans, and Fox McKeithen, Secretary of State and Chief Election Officer for the State of Louisiana.
    No. 2004-C-2496.
    Supreme Court of Louisiana.
    Oct. 14, 2004.
   In re Butler, Kimberly Williamson Clerk et al.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 2004-13781; to the Court of Appeal, Fourth Circuit, No. 2004-CA-1726.

Not considered. Not timely filed.


text:
    Sandra Wheeler HESTER v. Walter fox MCKEITHEN, Individually and in His Capacity as the Louisiana Secretary of State; Kimberly Williamson Butler, Individually and in her Capacity as Clerk of Criminal District Court for the Parish of Orleans; Orleans Parish Board of Election Supervisors.
    No. 2004-C-2491.
    Supreme Court of Louisiana.
    Oct. 14, 2004.
   In re Hester, Sandra Wheeler; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 2004-13713; to the Court of Appeal, Fourth Circuit, No. 2004-CA-1725.

Denied.


text:
    The Rev. Deninah WEBB-GOODWIN v. Kimberly Williamson BUTLER, Clerk of Criminal Court for the Parish of Orleans, Fox McKeithen, Secretary of State of Louisiana, in Their Official Capacities Only, and the Covan World Wide Moving Corp., et al.
    No. 2004-C-2495.
    Supreme Court of Louisiana.
    Oct. 14, 2004.
   In re Webb-Goodwin, Deninah; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 2004-13693; to the Court of Appeal, Fourth Circuit, No. 2004-CA-1719.

Not considered. Not timely filed.


text:
    STATE of Louisiana v. Bobby WILLIAMS.
    No. 2004-KH-2228.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Williams, Bobby; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. M, No. 438-402; to the Court of Appeal, Fourth Circuit, No. 2004-K-1179.

Denied; Moot.


text:
    STATE of Louisiana v. Carl DURAND.
    No. 2004-KP-0868.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Durand, Carl; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 402-026; to the Court of Appeal, Fourth Circuit, No. 2004-K-0235.

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; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; La.C.Cr.P. art. 930.4(D).


text:
    STATE of Louisiana v. Antonio COLLOR.
    No. 2004-KP-0928.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Collor, Antonio; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 384-951; to the Court of Appeal, Fourth Circuit, No. 2003-K-1972.

Denied.


text:
    STATE of Louisiana v. Royal EVERY.
    No. 2004-KP-1010.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Every, Royal; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, No. 95-5525; to the Court of Appeal, Fifth Circuit, No. 04-KH-181.

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. Troy RHODES.
    No. 2004-K-1161.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Rhodes, Troy; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. D, No. 432-709; to the Court of Appeal, Fourth' Circuit, No. 2003-KA-1326.

Denied.


text:
    STATE of Louisiana v. Wilbert C. COLEMAN.
    No. 2004-K-1189.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Coleman, Wilbert C.; — -Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. E, No. 390-136; to the Court of Appeal, Fourth Circuit, No. 2003-KA-1318.

Denied.


text:
    STATE of Louisiana v. William C. HILTON.
    No. 2004-KO-1282.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Hilton, William C.; — -Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vernon, 30th Judicial District Court Div. C, No. 63850; to the Court of Appeal, Third Circuit, No. 03-1274.

Denied.


text:
    STATE of Louisiana v. Stewart C. MOREHEAD.
    No. 2004-KO-1283.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Morehead, Stewart C.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. G, No. 99F1322; to the Court of Appeal, Second Circuit, No. 38,124-KA.

Denied.


text:
    STATE of Louisiana v. Joel CARTER.
    No. 2004-KO-1284.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Carter, Joel; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. D, No. 02-6316; to the Court of Appeal, Fifth Circuit, No. 03-KA-1393.

Denied.


text:
    STATE of Louisiana v. Bruce E. BROWN.
    No. 2004-KO-1285.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Brown, Bruce E.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. G, No. 432-994; to the Court of Appeal, Fourth Circuit, No. 2003-KA-1616.

Denied.


text:
    STATE of Louisiana v. James SELVAGE.
    No. 2004-KO-1286.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Selvage, James; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 07-02-106; to the Court of Appeal, First Circuit, No. 2003 KA 1342.

Denied.


text:
    STATE of Louisiana v. Ernest MCCOY.
    No. 2004-KP-0793.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re McCoy, Ernest; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 307-425; to the Court of Appeal, Fourth Circuit, No. 2003-K-1948.

Denied.

JOHNSON, J., would grant the writ.


text:
    STATE of Louisiana v. Kevin HOLLINGSWORTH.
    No. 2003-KH-2721.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Hollingsworth, Kevin; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 3000-609; to the Court of Appeal, Fourth Circuit, No. 2002-K-1798.

Denied.


text:
    STATE of Louisiana v. Davin BLANCHARD.
    No. 2003-K-3389.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Blanchard, Davin; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 01-5224.

Denied.


text:
    STATE of Louisiana v. William HERRINGTON.
    No. 2003-KH-2580.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Herrington, William; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Franklin, 5th Judicial District Court Div. B, Nos. 25302, 25303, 25347, 25435; to the Court of Appeal, Second Circuit, No. 37823-KH.

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; cf. La.C.Cr.P. art. 930.4(D).

TRAYLOR, J., recused.


text:
    STATE of Louisiana v. Samuel S. MURRAY.
    No. 2004-K-0470.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   Samuel S. Murray, applying for Reconsideration to this Court’s action dated June 25, 2004 from the Parish of Orleans, Criminal District Court Div. F, No. 429-147; to the Court of Appeal, Fourth Circuit No. 2003-KA-1216.

Reconsideration denied.


text:
    STATE of Louisiana v. Douglas ROBERTSON.
    No. 2004-KH-2265.
    Supreme Court of Louisiana.
    Oct. 15, 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. 07-03-89-1; to the Court of Appeal, First Circuit, No. 2004-KW-0814.

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


text:
    STATE of Louisiana v. Tarrial BROOKS and Gregory Jackson.
    No. 2004-KK-1932.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, Nos. 436-539, 436-517; to the Court of Appeal, Fourth Circuit, No. 2004-K-0910.

Granted.

CALOGERO, C.J., recused.


text:
    STATE ex rel. Steven HYDE v. STATE of Louisiana.
    No. 2004-KH-2195.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Hyde, Steven; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 323-908; to the Court of Appeal, Fourth Circuit, No. 2004-K-1167.

Denied.


text:
    STATE ex rel. William HERRINGTON v. STATE of Louisiana.
    No. 2004-KH-0728.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Herrington, William; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Franklin, 5th Judicial District Court Div. B, Nos. 25302; 25303; 25347; to the Court of Appeal, Second Circuit, No. 38531-KH.

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; cf. La.C.Cr.P. art. 930.4(D).

TRAYLOR, J., recused.


text:
    STATE ex rel. Leroy GRIPPEN v. STATE of Louisiana.
    No. 2003-KH-2596.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Grippen, Leroy; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 214-495.

Denied. 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. Brandon McKinley JACKSON v. STATE of Louisiana.
    No. 2003-KH-2599.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Jackson, Brandon McKinley;-— Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. E, No. 82,978; to the Court of Appeal, Second Circuit, No. 37977-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. Michael O. LOWERY v. STATE of Louisiana.
    No. 2003-KH-2620.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Lowery, Michael O.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lincoln, 3rd Judicial District Court Div. A, No. 44,360; to the Court of Appeal, Second Circuit, No. 37986-KH.

Denied.


text:
    STATE ex rel. Jessie SIMMONS v. STATE of Louisiana.
    No. 2003-KH-2621.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Simmons, Jessie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 391-882; to the Court of Appeal, Fourth Circuit, No. 2003-K-1289.

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. Vincent Mark CASTILLO v. STATE of Louisiana.
    No. 2003-KH-2622.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Castillo, Vincent M.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 96 — 4842; to the Court of Appeal, Fifth Circuit, No. 03-KH-18.

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. Corey ENCLARDE v. STATE of Louisiana.
    No. 2003-KH-2624.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   .In re Enclarde, Corey; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 346-999; to the Court of Appeal, Fourth Circuit, No. 2003-K-1305.

Denied.


text:
    STATE ex rel. Randy BOYD v. STATE of Louisiana.
    No. 2003-KH-2627.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Boyd, Randy; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. A, No. 99-4680; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1454.

Denied.


text:
    STATE ex rel. Kenneth DANIELS v. STATE of Louisiana.
    No. 2003-KH-2628.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Daniels, Kenneth; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 885-019; to the Court of Appeal, Fourth Circuit, No. 2003-K-1294.

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 Chris JACKSON v. STATE of Louisiana.
    No. 2003-KH-2644.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Jackson, Michael Chris; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 210-698; to the Court of Appeal, Second Circuit, No. 38037-KH.

Denied.


text:
    STATE ex rel. Charles MILTON v. STATE of Louisiana.
    No. 2003-KH-2645.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Milton, Charles; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 402-365; to the Court of Appeal, Fourth Circuit, No. 2001-K-2208.

Denied.


text:
    STATE ex rel. Iley DOTCH v. STATE of Louisiana.
    No. 2003-KH-2653.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Dotch, Iley; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 78,145.

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. Ragille H. DUPLESSIS v. STATE of Louisiana.
    No. 2003-KH-2675.
    Supreme Court of Louisiana.
    Oct. 15, 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-1265.

Denied.


text:
    STATE ex rel. Robert C. BROADWAY v. STATE of Louisiana.
    No. 2003-KH-2714.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Broadway, Robert C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Red River, 39th Judicial District Court Div. 0, No. 39-794; to the Court of Appeal, Second Circuit, No. 37987-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. Thaddeus DOTSON v. STATE of Louisiana.
    No. 2003-KH-2320.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Dotson, Thaddeus; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. C, No. 02-CR-1170; to the Court of Appeal, First Circuit, No. 2003 KW 1159.

Denied.


text:
    STATE ex rel. Leroy WILLIAMS v. STATE of Louisiana.
    No. 2003-KH-2476.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Williams, Leroy; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. 0, No. 89-261.

Denied. See State ex rel. Fleury v. State, 93-2898 (La.10/13/95), 661 So.2d 488.


text:
    STATE ex rel. Shedrick JACKSON v. STATE of Louisiana.
    No. 2003-KH-2508.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Jackson, Shedrick S.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, Nos. 92-F0782, 97-F0183; to the Court of Appeal, Second Circuit, No. 37501-KH.

Denied. See State ex rel. Fleury v. State, 93-2898 (La.10/13/95), 661 So.2d 488; Cf. La.C.Cr.P. art 930.8.

JOHNSON, J., would grant the writ.


text:
    STATE ex rel. Franklin D. NOVAK v. STATE of Louisiana.
    No. 2003-KH-2529.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Novak, Franklin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 18114-98; to the Court of Appeal, Third Circuit, No. KH 03-00069.

Denied.


text:
    STATE ex rel. Michael ROGERS v. STATE of Louisiana.
    No. 2003-KH-2559.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Rogers, Michael A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 00-7243; to the Court of Appeal, Fifth Circuit, No. 03-KH-814.

Denied. 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. Larry LOFTON v. STATE of Louisiana.
    No. 2003-KH-2571.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Lofton, Larry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 288-637; to the Court of Appeal, Fourth Circuit, No. 2003-K-1390.

Denied.


text:
    STATE ex rel. Will Henry JACKSON v. STATE of Louisiana.
    No. 2003-KH-2572.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Jackson, Will H; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. B, No. 46-627; to the Court of Appeal, First Circuit, No. 2003 KW 0830.

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. Rodney RICHARDS v. STATE of Louisiana.
    No. 2003-KH-2574.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Richards, Rodney; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 376-710; to the Court of Appeal, Fourth Circuit, No. 96-KA-0331.

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. Theodore RATCLIFF v. STATE of Louisiana.
    No. 2003-KH-1570.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Ratcliff, Theodore; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, Nos. 274-566, 207-523.

Denied. See State ex rel. Fleury v. State, 93-2898 (La.10/13/95), 661 So.2d 488.


text:
    STATE ex rel. Quincy LOYD v. STATE of Louisiana.
    No. 2003-KH-1632.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Loyd, Quincy; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Union, 3rd Judicial District Court Div. B, Nos. 36,896, 37,571; to the

Court of Appeal, Second Circuit, No. 37551-KH.

Denied. 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. Robert HARRISON v. STATE of Louisiana.
    No. 2003-KH-1771.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Harrison, Robert; — Plaintiff (s); Applying for Reconsideration of this Court’s order dated June 18, 2004; Parish of Orleans, Criminal District Court Div. D, No. 390-256; to the Court of Appeal, Fourth Circuit, No(s). 2003-K-841.

Reconsideration denied.


text:
    STATE ex rel. Johnell DEMPSEY v. STATE of Louisiana.
    No. 2003-KH-1917.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Johnell Dempsey; Applying for Reconsideration of this Court’s action dated June 25, 2004; Parish of Orleans, Criminal District Court, Div. G, No. 428-378; to the Court of Appeal, Fourth Circuit, No. 2002-KA-1867.

Reconsideration denied.


text:
    STATE ex rel. Frank ROBERTS v. STATE of Louisiana.
    No. 2003-KH-1919.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Roberts, Frank; Applying for Reconsideration of this Court’s action dated July 2, 2004; Parish of Jefferson, 24th Judicial District Court, Div. N. No. 01-3516; to the Court of Appeal, Fifth Circuit, No. 03-KH-665.

Reconsideration denied.


text:
    STATE ex rel. Norris NASH v. STATE of Louisiana.
    No. 2003-KH-1932.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Nash, Norris; Applying for Reconsideration of this Court’s action dated July 2, 2004; Parish of St. Landry, 27th Judicial District Court, Div. D. No. 95-3330, to the Court of Appeal Third Circuit, No. 02-01058.

Reconsideration denied.


text:
    STATE ex rel. Izeal DUCRE v. STATE of Louisiana.
    No. 2004-KP-0988.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Ducre, Izeal; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 278595-1; to the Court of Appeal, First Circuit, No. 2003 KW 2877.

Granted in part; denied in part. Relator’s sentence for possession of cocaine with the intent to distribute is amended to delete the denial of parole eligibility on the first five years of the term. The version of the statute in effect at the time of the commission of the crime, see R.S. 40:967(B)(1), 1993 La. Acts 969, did not deny parole eligibility, and neither R.S. 15:529.1(A)(l)(a) nor 15:529.1(G) gives the trial court any additional authority to place restrictions on the parole eligibility of a second offender. In all other respects, the application is denied.


text:
    Warren REUTHER, Jr. v. James E. SMITH, Jr.
    No. 2004-CC-2427.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Reuther, Warren Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 2001-18124; to the Court of Appeal, Fourth Circuit, No. 2004-C-1654.

Denied.


text:
    Deretha THOMPSON v. COUSHATTA EDUCATION DEPARTMENT.
    No. 2004-C-1799.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Conshatta Education Department et al.; Louisiana Workers’ Compensation Corporation; — Defendant(s); Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation Dist. # 3, No. 01-06870; to the Court of Appeal, Third Circuit, No. 04-7.

Denied.

VICTORY, J., would grant the writ.


text:
    David L. MINCIN v. BATON ROUGE GENERAL MEDICAL CENTER.
    No. 2004-C-1798.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Mincin, David L.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 428,197; to the Court of Appeal, First Circuit, No. 2003 CA 1220.

Denied.


text:
    Charles L. BERNARD, Jr. v. PARISH OF JEFFERSON.
    No. 2004-C-1796.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Bernard, Charles L. Jr.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, No. 477-100; to the Court of Appeal, Fifth Circuit, No. 04-CA-19.

Denied.


text:
    Billy BROUSSARD, et al. v. John S. JESTER, M.D.
    No. 2004-C-1787.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Jester, John S. M.D.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. B, No. 77611; to the Court of Appeal, Third Circuit, No. 04-0018. -

Denied.


text:
    Kevin SIMON v. UNIVERSAL LABOR SERVICES, L.L.C.
    No. 2004-CC-1784.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Simon, Kevin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. James, 23rd Judicial District Court Div. B, No. 28564; to the Court of Appeal, Fifth Circuit, No. 04-C-530.

Denied.


text:
    Elizabeth BOSWORTH v. ALPHA MUTUAL, L.L.C., et al.
    No. 2004-CC-1783.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Crump, Duane G. a/k/a; Crump, Gerald D.; Robards, Henry L. Sr.; Henry L. Robards Architect A Professional Corporation; Robards, Henry Architect Professional Corporation; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 98-668; to the Court of Appeal, Fourth Circuit, No. 2004-C-0902.

Denied.


text:
    Althea WELLMAN, Tutrix of Jared Lamont Samuel v. Johnny M. EVANS, Jr., et al.
    No. 2004-C-1760.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Wellman, Althea; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Vernon, 30th Judicial District Court Div. A, No. 62,247“A”; to the Court of Appeal, Third Circuit, No. 03-1720.

Denied.


text:
    CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, et al. v. JACOBS CONSTRUCTORS, INC., et al.
    No. 2004-CC-1750.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Central National Insurance Company of Omaha, et al.; Century Indemnity Co., successor; Cigna Specialty Insurance Co. f/k/a; California Union Insurance Co.; Ace Property & Casualty Insurance Co. f/k/a; Aetna Insurance Co.; Cravens, Dar-gan & Co.; Pacific Coast; — Plaintiffs); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2003-16043; to the Court of Appeal, Fourth Circuit, No(s). 2004-C-0512, 2004-C-0562.

Denied.


text:
    Ernest CAMPBELL v. SELECT CAR COMPANY, INC.
    No. 2004-C-1747.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Campbell, Ernest; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Caddo, Shreveport City Court, No. 2003R04856; to the Court of Appeal, Second Circuit, No. 38,443-CA.

Denied.


text:
    Steven Alan CHILDRESS v. Mari Moshkounian CHILDRESS.
    No. 2004-CC-1738.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Childress, Steven Alan; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 488-388; to the Court of Appeal, Fifth Circuit, No. 04-C-575.

Denied.


text:
    Dino DISTEFANO v. B & P CONSTRUCTION, INC.
    No. 2004-C-1735.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Distefano, Dino; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 7, No. 01-08816; to the Court of Appeal, Fifth Circuit, No. 04-CA-25.

Denied.

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

JOHNSON, J., would grant the writ.

KNOLL, J., would grant the writ.


text:
    SHOP RITE, INC. and Reliance Insurance Company. v. KEATING OF CHICAGO, INC., et al.
    No. 2004-OC-1597.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Shop Rite, Inc., et al.; Reliance Insurance Company; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. B, No. 84395; to the Court of Appeal, First Circuit, No. 2003-CA-1821.

Denied as moot.


text:
    Nephus MUSE v. Elizabeth S. HAWKINS, D.P.M.
    No. 2004-C-1596.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Muse, Nephus; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 491-653; to the Court of Appeal, First Circuit, No. 2003 CA 1139.

Denied.


text:
    Hector SARRIO v. STALLING CONSTRUCTION COMPANY.
    No. 2004-C-1593.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Stalling Construction Company;— Defendant; Applying for Writ of Certiora-ri and/or Review Office of Workers’ Compensation Dist. # 7, No. 02-04399; to the Court of Appeal, Fifth Circuit, No. 04-CA-34.

Denied.

VICTORY, J., would grant the writ on ÍSSUe °f attorney fees and Penalties-


text:
    Danny LATHERS, Jr. v. U-HAUL COMPANY OF LOUISIANA and Republic Western Insurance Company.
    No. 2004-C-1373.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Lathers, Danny Jr.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. D, No. 565-513; to the Court of Appeal, Fifth Circuit, No. 03-CA-1466.

Denied.

KNOLL, J., would grant in part and reverse the summary judgment.


text:
    Thomas WYRE v. LOUISIANA BOARD OF PAROLE, Jim Herford, Chairman.
    No. 2003-CI-2291.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Wyre, Thomas; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 487,768; to the Court of Appeal, First Circuit, No. 2002 CA 1825.

Denied.


text:
    Stacy Michael MEAUX v. Lucille GALTIER, et al.
    No. 2004-CC-1939.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Hammond, John H.; Hammond, Geraldine; Hammond, Job; — Defendants; Applying for Reconsideration of this Court’s order dated August 17, 2004; Parish of Lafayette, 15th Judicial District Court Div. H, No. 2003-1042; to the Court of Appeal, Third Circuit, No(s). CW 04-00419, CW 04-00358.

Reconsideration not considered. See Supreme Court Rule IX, Section 6.


text:
    Stacy Michael MEAUX v. Lucille GALTIER, et al.
    No. 2004-CC-1759.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Hammond, Scott — Defendant; Applying for Reconsideration of this Court’s Order dated August 17, 2004; Parish of Lafayette, 15th Judicial District Court Div. H, No. 2003-1042; to the Court of Appeal, Third Circuit, No. CW 04-00419, CW 04-00358.

Reconsideration not considered. See Supreme Court Rule IX, Section 6.


text:
    R.J. MESSINGER, INC. v. Carl D. ROSENBLUM and Kathryn L. Knauss-Rosenblum. Carl D. Rosenblum and Kathryn L. Knauss-Rosenblum v. R.J. Messinger, Inc.
    No. 2004-OC-1664.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re R.J. Messinger Inc.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, Nos. 02-9832, 02-13507; to the Court of Appeal, Fourth Circuit, No(s). 2003-CA-2209, 2003-CA-2210.

Granted.


text:
    Darrell SUIRE v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, et al.
    No. 2004-C-1466.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Lafayette City-Parish Consolidated Government et al.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2001-2209-D; to the Court of Appeal, Third Circuit, No(s). 03-1150, 03-1151.

Granted. Consolidated with 2004-C-1459 & 2004-C-1460.


text:
    Darrell SUIRE v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, et al.
    No. 2004-C-1460.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re National Union Fire Insurance Co. of Pittsburgh Pa.; National Union Fire Insurance Co. of Louisiana; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2001-2209-D; to the Court of Appeal, Third Circuit, No(s). 03-1150, 03-1151.

Granted. Consolidated with 2004-C-1459 & 2004-C-1466.


text:
    Darrell SUIRE v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, et al.
    No. 2004-C-1459.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Boh Brothers Construction Co. L.L.C.; Boh Brothers Construction Company; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2001-2209-D; to the Court of Appeal, Third Circuit, No(s). 03-1150, 03-1151.

Granted. Consolidated with 2004-C-1460 & 2004-C-1466.


text:
    Nancy Davis JUDSON, Secretary/Treasurer Hall’s Mortuary, Inc. v. Hall DAVIS, IV, President, Hall’s Mortuary, Inc.
    No. 2004-OC-2425.
    Supreme Court of Louisiana.
    Oct. 15, 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 CA 1699.

Denied.


text:
    John Howard OSBORN v. UNIT DRILLING COMPANY, a Subsidiary of Unit Corporation, and Liberty Mutual Insurance Company.
    No. 2004-C-1779.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Unit Drilling Company; Liberty Mutual Insurance Company; — Defendants); Applying for Writ of Certiorari and/or Review Office of Workers Compensation District 05, No. 02-07795; to the Court of Appeal, First Circuit, No. 2004 CA 0014.

Denied.

VICTORY, J., would grant the writ.


text:
    Michael and Marie GILLESPIE v. BRANDYWINE CONDOMINIUM ASSOCIATION, INC. and State Farm Fire and Casualty Insurance Company.
    No. 2004-CC-1729.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Brandywine Condominium Association, Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 499,658; to the Court of Appeal, First Circuit, No. 2004 CW 0514.

Denied.


text:
    Keith KELLER and Thomas O’Neil v. Phyllis Cohen, Wife of/and Dean P. ALLISON and Kerri Holder, Wife of/and Joseph Alan Novotny.
    No. 2004-C-1837.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re New Orleans City of; Cohen, Am-ram; — Third Party(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. C, No. 2003-8743; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1644.

Denied.

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


text:
    SHOP RITE, INC. and Reliance Insurance Company v. KEATING OF CHICAGO, INC., ABC Insurance Company, Ansul Incorporated, DEF Insurance Company, R.M. Fire Protection Company, Inc. and GHI Insurance Company.
    No. 2004-C-1908.
    Supreme Court of Louisiana.
    Oct. 15, 2004.
   In re Shop Rite Inc. et al.; Reliance Insurance Company; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. B, No. 84395; to the Court of Appeal, First Circuit, No. 2003 CA 1821.

Denied.


author: |T GREMILLION, Judge.

text:
    Christopher SIMS v. LIBERTY MUTUAL INS. CO., et al. Gerald Alan Croy, et al. v. Dennis Stephenson, et al. Terry M. Croy, Individually and on Behalf of the Succession of Wayne V. Croy v. Liberty Mutual Ins. Co., et al.
    Nos. 2004-584 to 2004-586.
    Court of Appeal of Louisiana, Third Circuit.
    July 14, 2004.
    Rehearing Granted, Appeal Reinstated Oct. 13, 2004.
    Steven P. Mansour, Mansour & Deason, Alexandria, LA, for Christopher Sims.
    Roy Halcomb, Brousssard, Bolton, Hal-comb & Vizzier, Alexandria, LA, for Gerald Alan Croy, Kathy Stanley, Twyla Tanner And Brian Croy.
    W. Jay Luneau, Thomas D. Davenport, Jr., Alexandria, LA, for Terry Croy.
    Greg Englesman, Bolen, Parker & Brenner, Alexandria, LA, for Liberty Mutual Insurance Co. and Hixson-Hopkins Auto-plex of Alexandria, Inc.
    Larry Stewart, Stafford, Stewart & Potter, Alexandria, LA, for Dennis Stephenson.

      Stacy Auzenne, Keiser, Auzenne & Bou-dreaux, Alexandria, LA, for City of Pine-ville.
    Court composed of SYLVIA R. COOKS, GLENN B. GREMILLION, and JOHN B. SCOFIELD , Judges.

       Judge John B. Scofield, participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

   |T GREMILLION, Judge.

A final judgment was rendered in the above captioned consolidated cases on August 15, 2003. Defendant, the City of Pineville, filed a motion for new trial/judgment notwithstanding the verdict. The post-judgment motion was denied on September 17, 2003. Four appeals from the trial court’s judgment have been filed.

On May 3, 2004, this court issued a rule to show cause directed to Terry Croy, individually and on behalf of the Succession of Wayne V. Croy, to show cause, by brief only, why the appeal in the above captioned consolidated cases should not be dismissed as untimely. In response to said rule, appellant, Terry Croy, filed a “Response to Order to Show Cause,” a “Motion to Correct Record Pursuant to La.C.C.P. Art. 2132,” and a “Supplemental Response to Order to Show Cause.”

Turning first to the motion to correct record, said motion prays that the record be corrected to show that the notice of judgment denying the motion for new trial/judgment notwithstanding the verdict was not mailed as indicated in the clerk’s certificate. The record contains a certificate of service indicating notice of the signing of the judgment denying the motion for new trial/judgment notwithstanding the verdict was mailed on September 17, 2003. The motion to correct asserts the procedure for mailing notice utilized by the Ninth Judicial District Court does not comply with the requirements of La.Code Civ.P. art.1914, which requires the clerk mail notice of the signing of a judgment denying a motion for new trial or motion for judgment notwithstanding the verdict.

With respect to the procedure utilized by the clerk’s office, appellant submitted the affidavit of Rhonda Ryland (“Ryland”), Deputy Clerk of Court. The affidavit of Ryland indicates she prepared a notice of judgment denying the motion for new trial/judgment notwithstanding the verdict in the instant case on September 17, 2003. Ryland further stated she placed the notices in envelopes properly addressed to the parties. She then placed the envelopes in a box located at or near the receptionist’s desk used to collect outgoing mail of the court. Therefore, Ryland did not personally place the envelopes containing the notices in the U.S. mail, and she does not have personal knowledge of when the notices were placed in the U.S. mail. Finally, Ryland’s affidavit states the receptionist gives the outgoing mail to a “trustee” inmate who is instructed to place the outgoing mail in the U.S. Mail.

|2In support of the assertion that the above referenced procedure utilized by the clerk’s office does not comply with art. 1914, appellant cites this court’s opinion in Soileau v. State ex rel Department of Transportation and Development, 97-1541 (La.App. 3 Cir. 2/18/98), 707 So.2d 1046. At issue in Soileau was the district court’s procedure of placing mail in boxes, labeled with the attorneys’ name, which were located in the clerk’s office. The mail was not placed in the U.S. mail. This court finds Soileau to be distinguishable because the U.S. mail service was not utilized at all in that case. In the instant case, a trustee is instructed to place the mail of the Ninth Judicial District Court in the U.S. mail. Appellant failed to offer proof that the mail is not deposited in the U.S. mail on the same day that it is collected by the trustee. Accordingly, appellant’s motion to correct record is hereby denied as this court finds notice of was mailed by the clerk’s office on September 17, 2003 as reflected in the record.

Turning to the alternative argument on the issue of timeliness presented in appellant’s “Response to Order to Show Cause.” Appellant asserts her appeal was timely pursuant to La.Code Civ.P. art. 2087 B, which permits an appellee to file a motion for appeal within 10 days of the mailing by the clerk of the notice of the first devolutive appeal. Appellant relies on the appeal filed by Gerald Croy, Kathy Stanley, Twyla Tanner and Brian Croy, which was filed on November 13, 2003.

This court notes, however, the appeal filed by Gerald Croy, et al. was not the first devolutive appeal filed. The appeal filed by Christopher Sims on October 16, 2003 was the first devolutive appeal filed. Although appellant does not so state in the “Response to Order to Show Cause,” this court assumes appellant relies on the appeal of Gerald Croy as that is the first devolutive appeal that appellant has a interest in. However, this court must apply art. 2087 B as written. Said article allows an appellee to file a devolutive appeal within 10 days of the mailing of notice of the first devolutive appeal. Appellant’s motion for appeal was not filed within 10 days of the first devolutive appeal. Therefore, appellant’s appeal must be dismissed as untimely.

MOTION TO CORRECT RECORD DENIED. APPEAL OF TERRY CROY DISMISSED.


author: h SULLIVAN, Judge.

text:
    Thomas SHARBONO v. FIRE SAFETY SALES AND SERVICE, et al.
    No. 04-265.
    Court of Appeal of Louisiana, Third Circuit.
    Sept. 29, 2004.

      Aubrey E. Denton, Attorney at Law, Lafayette, LA, for PlaintiffiAppellee, Thomas Sharbono.
    Mark L. Riley, Onebane Law Firm, Lafayette, LA, for Defendants/Appellants, Fire Safety Sales and Service, Highlands Insurance Company.
    Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.
   h SULLIVAN, Judge.

The issue presented by this appeal is whether the workers’ compensation judge (WCJ) erred in reinstating temporary total disability and medical benefits based upon a finding that the claimant was still suffering from a work-related aggravation of his pre-existing multiple sclerosis (MS). For the following reasons, we affirm.

Discussion of the Record

Thomas Sharbono, a fire alarm technician employed by Fire Safety Sales and Service, was injured on May 19, 2000, when the company vehicle in which he was a passenger was rear-ended and then pushed forward into another vehicle. He described the accident as producing a “heavy impact” that snapped his head against the headrest. He was treated later that day at a hospital emergency room for neck and shoulder pain. Mr. Sharbono did not return to work after this accident, and his employer paid him temporary total disability benefits for approximately two years, from the date of the accident through May 8, 2002.

It is undisputed that Mr. Sharbono was under active treatment for MS at the time of the accident. Although he may have been diagnosed with MS as early as 1989 or 1990, he did not receive any treatment for the disease until August of 1999, when he reported symptoms of blurred vision, muscle spasms, memory problems, fatigue, and bladder dysfunction to Dr. Annette Howard, a neurologist in Houston, Texas. Dr. Howard, who treated Mr. Sharbono before and after the May 2000 accident, initially ordered a course of steroid injections administered at Methodist Hospital in Houston. Because Mr. Sharbono reported a worsening of his MS symptoms after the accident, Dr. Howard initiated two rounds of high dose, intensive intravenous steroids in June and July of 2000. By September 2000, Dr. Howard | ^believed that Mr. Sharbono’s condition was stable, but she did not discharge him at that time. When questioned about the effect of trauma on the MS disease process, Dr. Howard stated that, while there is some belief that stressors do have an impact on chronic illness, medicine has been unable to quantify that relationship. Dr. Howard “absolutely” believed that trauma has a bearing on any medical condition, and she disagreed that all studies suggested that such a relationship did not exist. She stated that, generally, physicians believed that there is a relationship between trauma and chronic illness, but she could not say how much of an impact certain stres-sors had on the disease process.

Mr. Sharbono began treating with Dr. Maureen Lannan, a family practitioner in Sulphur, Louisiana, shortly after the accident. On May 23, 2000, Dr. Lannan diagnosed a flexion-extension injury, noting that Mr. Sharbono exhibited only 50% range of motion of the neck in almost all directions, with pain and tenderness in the left shoulder and left trapezius muscle. On June 5, 2000, Dr. Lannan found that Mr. Sharbono’s neck range of motion had improved to 75%, with some soreness remaining, but that he had developed headaches in the right occipital region, leading her to question whether there was some MS involvement with the injury. By June 17, 2000, Dr. Lannan believed that Mr. Sharbono was having an MS flare. He still had spasms of the left neck, but added to these were spasms in the left arm and in the legs. Dr. Lannan considered these to be new findings that could have been precipitated by the accident because of the MS flare. At this time, Mr. Sharbono expressed an interest in returning to work, but he could not do so because of the muscle spasms. When Mr. Sharbono’s neck had not improved by September 13, 2000, Dr. Lannan | .¡ordered an MRI, which revealed a small focal herniation at C5-6, centrally and slightly to the left.

Dr. Lannan continued to see Mr. Shar-bono through July of 2002, during which time she documented his deteriorating condition. In March of 2001, she noted that he had marked decrease in range of motion in the neck, marked deterioration in speech, and more spasticity in the arms and legs. In July 2002, she noted that he had not improved to his pre-accident condition and she doubted whether he would ever reach that level again. Dr. Lannan believed that the motor vehicle accident precipitated the MS flare, noting the severity of symptoms that chronologically followed the accident. She stated that trauma precipitating MS flares has been documented, but as a doctor, she could not determine how much of the MS was related to the accident. She described the situation as a “gray hodgepodge” in which she could not separate his neck problems from the MS.

While under Dr. Lannan’s care, Mr. Sharbono was also seen by a neurosurgeon, Dr. Eric Wolf, and by two neurologists, Dr. Alan Sconzert and Dr. Robert Martinez. Dr. Wolf treated Mr. Sharbono from October 2000 through March 2001, noting that steroid injections for his neck pain appeared to afford some relief. Based upon the patient’s history, Dr. Wolf believed that Mr. Sharbono did sustain an aggravation or exacerbation of his MS, and he agreed that such an exacerbation would still be ongoing if the patient were still experiencing symptoms.

Dr. Sconzert believed that the motor vehicle accident initially had a dramatic impact on Mr. Sharbono’s MS, but he stated that the impact should be less dramatic over the course of the disease. According to Dr. Sconzert, “there’s no question” that trauma makes pre-existing MS worse, at least temporarily, but the real question is 14what happens long term. He explained that MS often gets worse anytime the energy expended to treat it is diverted, and he believed that this accident caused the patient to have less energy and more susceptibility to fatigue. He could not say definitely that the accident had some progressive impact on the MS, but he believed it was possible that the accident affected the MS in a negative fashion. Although he stated that there was a strong supposition among neurologists that any injury has an eventual impact on the MS because of the diversion of the body’s defenses against the disease, he could not quantify that impact.

Dr. Martinez agreed that a motor vehicle accident can and does exacerbate MS symptomatology, and he further stated that if the aggravation is significant enough, it may produce permanent problems that would not have otherwise occurred. He also stated that an MS patient may recover from a relapse of symptoms, but that the patient may never return to baseline. Mr. Sharbono reported to Dr. Martinez that he was stable until May of 2000, when his condition began to deteriorate with added complaints after the automobile accident. Dr. Martinez compared the written reports of MRIs taken before and after the accident, noting that they appeared similar, but because of his inability to view the actual films, he could not say for certain whether there had been a change. He believed it possible that the trauma of the accident could have set in progress more problems than Mr. Sharbo-no would have had without the accident, but he believed this to be a “toss-up.” Dr. Martinez was impressed with Mr. Sharbo-no’s “heavy decision” to take himself out of the labor market as a sign of a “real problem,” and he noted, by the patient’s history, that Mr. Sharbono had more problems after the accident than before. With the knowledge that trauma can produce Ran MS exacerbation and assuming Mr. Sharbono’s history was accurate, Dr. Martinez concluded it was more probable than not that the increase in symptoms was related to the accident.

At Defendants’ request, Mr. Sharbono was examined by Dr. Antonio Stazio, Director of the Tulane Medical Center MS Clinic, on July 19, 2002. Dr. Stazio described MS as a progressive disease of the central nervous system that cannot be cured, but can be controlled with medication to slow its progression. Dr. Stazio expressed his personal belief that the effect of trauma on MS has never been clearly demonstrated in the medical literature, noting that evidence of such a connection is mostly from anecdotal reports by doctors who believe their patients have deteriorated. He explained that an MS patient may become more uncomfortable and more symptomatic after trauma, but he did not believe that trauma resulted in a new MS lesion. He acknowledged that one prominent neurologist has advanced the hypothesis that MS can indeed be aggravated by trauma that produces a breakdown in the blood-brain barrier, thereby allowing white cells responsible for the MS lesion to attack the brain. However, he was not aware of any medical studies that supported this theory.

In reviewing Mr. Sharbono’s medical records, Dr. Stazio commented on the lack of a comprehensive neurological report from Dr. Howard, but he pointed out that numerous handwritten notations in Dr. Howard’s records indicated that Mr. Shar-bono was suffering from great pain, confusion, dizziness, and muscle spasms well before the accident in May of 2000. He also noted that Dr. Wolf, who treated Mr. Sharbono post-accident with physical therapy and steroid injections, discharged him in March of 2001 with the assumption that he had reached maximum medical benefit. 1 fiDr. Stazio did not believe that Mr. Shar-bono’s medical records contained the detailed documentation necessary to support a causal relationship between the accident and an exacerbation of the MS.

After taking the matter under advisement, the WCJ found that Mr. Sharbono proved “barely, with no room to spare,” that he was still suffering from an accident-related exacerbation of his MS. The WCJ stated that he reached this conclusion primarily on the lay testimony, given that the medical opinions in the case were “either in conflict or inconclusive.”

Opinion

On appeal, Defendants object to the findings that Mr. Sharbono sustained an aggravation of his MS and that such an aggravation is ongoing. They point to the disagreement among the medical professionals, to testimony from Dr. Howard that she did not see any patterns of change after the accident, and to notations in the medical records that Mr. Sharbono reached maximum medical improvement from the accident sometime in 2001. They also argue that the practical effect of the WCJ’s ruling is to render them responsible for Mr. Sharbono’s MS treatment for the rest of his life.

An appellate court may not set aside the WCJ’s factual findings unless they are manifestly erroneous or clearly wrong. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94), 630 So.2d 706; Resell v. ESCO, 549 So.2d 840 (La.1989). Even though an appellate court may believe that its own evaluations and inferences are more reasonable than the fact finder’s, reasonable evaluations of credibility should not be disturbed on review where there is conflict in the testimony. Freeman v. Poulan/Weed Eater, 93-1530 (La.1/14/94), 630 So.2d 733.

In Baker v. Conagra Broiler Co., 93-1230, pp. 8-9 (La.App. 3 Cir. 5/4/94), 640 So.2d 494, 498, writ denied, 94-1435 (La.9/23/94), 642 So.2d 1289 (citations omitted), we summarized the jurisprudence pertaining to a worker with a preexisting condition as follows:

In compensation cases, the claimant has the burden of showing that more probably than not an employment accident occurred and that it had a causal relation to the disability suffered. A worker’s preexisting condition does not bar his or her recovery under the workers’ compensation laws because an employer takes the worker as he finds him or her. An abnormally susceptible worker is entitled to no less protection under the workers’ compensation statute than a healthy worker. It is immaterial that the diseased or weakened condition of the worker might eventually produce the disability suffered outside of the employment situation. Said another way, the worker’s claim for disability benefits will not be disqualified if the work-related injury aggravates, accelerates, or combines with a disease or infirmity to produce death or disability for which compensation is claimed.
Whether there is a causal relationship between the disability and the employment is a question of fact. A factual determination by the hearing officer cannot be reversed unless the hearing officer was clearly wrong from an examination of the record as a whole.

“[I]t has been repeatedly held that so long as the employee is disabled from the aggravation of a pre-existing defect, he is entitled to compensation. However, where the aggravation ceases and the employee’s continued disability, if any, results solely from the pre-existing defect, compensation is no longer due.” Moss v. Winward Hosp., 98-401, p. 12 (La.App. 3 Cir. 10/7/98), 720 So.2d 107, 113, writ denied, 98-2812 (La.1/8/99), 735 So.2d 635 (quoting Bates v. City of Crowley, 613 So.2d 1107, 1112 (La.App. 3 Cir.), writ denied, 619 So.2d 545 (La.1993)).

Frustrated by the inconclusive medical opinions in this case, the WCJ cited the following passage from Hebert v. Fifteen Oil Co., 46 So.2d 328 (La.App. 1 Cir.1950), a case that awarded workers’ compensation benefits for the traumatic aggravation of a dormant MS condition:

| ^Finding itself with medical evidence which is confusing and lacking, this court is compelled to reach a decision which will do equity to the parties. The court is not unmindful that, as in all other civil cases, the plaintiff must prove his case by a preponderance of the evidence. However, it has been repeatedly held by the Louisiana courts that when medical testimony is too vague, indefinite, confusing or contradictory for the courts to draw upon said evidence for an intelligent conclusion that the court should look to lay testimony and the circumstances surrounding the issues in the case in order to arrive at an equitable conclusion.... “It is thus to be seen that we are confronted with a deplorable and irreconcilable conflict in the testimony of members of the medical profession relative to an important issue in the case. When situations of this kind are at hand, and such are not infrequent, the court must look to the lay testimony and to the other evidence for assistance in its endeavor to do justice between the parties.”

Id. at 331 (citations omitted) (quoting Hennen v. La. Highway Comm’n, 178 So. 654, 656 (La.App. 2 Cir.1938)).

In the present case, Defendants rely heavily on Dr. Howard’s opinion that Mr. Sharbono’s condition essentially remained unchanged from when she first saw him in August of 1999, through his last visit in September of 2000. However, it appears undisputed that, from August of 1999 until the accident in May of 2000, Mr. Sharbono was able to work, notwithstanding his MS symptoms, but that after the accident he was not. Mr. Sharbono’s physical decline after the accident is well-documented by Dr. Lannan. In June of 2000, Dr. Lannan did not believe Mr. Sharbono was capable of working due to his increasing spasticity in muscles, even though he desired to return to his former job. In July of 2002, Dr. Lannan believed that Mr. Sharbono would never return to his pre-accident capabilities. According to Mr. Sharbono, he did not have neck and shoulder pain before the accident, but he was still experiencing pain in those areas at the time of trial. He also stated that the fatigue and confusion he experienced before the accident did not interfere with his job, but now those symptoms are worse and he must deal with them | qdaily. He testified that before the accident he became certified to work in Texas, but he was not able to use that additional training because of the accident. Dr. Martinez considered it a “heavy decision” that Mr. Sharbono took himself out of the labor market and an indication that he had a “real problem.”

Although the medical opinions differed greatly as to the effect of trauma on MS, almost all of the physicians who actually treated Mr. Sharbono believed that the accident had some impact on the course of his disease. Dr. Lannan believed the accident precipitated an MS flare. Dr. Wolf believed that Mr. Sharbono had an exacerbation of his MS, based upon the history given by the patient. Dr. Martinez believed it more probable than not that, again based upon the patient’s history, his increase in symptoms was due to an aggravation brought on by the accident. Dr. Martinez further stated that there are no guidelines on the length of an aggravation and that a patient may not return to his baseline before the aggravation. The history given to Dr. Martinez — that Mr. Sharbono was stable before the accident— appears to be supported by the record.

According to Dr. Martinez, we now have the ability to treat MS to reduce the cascade of disability it produces, although the disease is always progressive. Dr. Howard spoke of symptoms worsening in terms of decades. Yet, Mr. Sharbono’s medical records indicate a rapid decline after the accident. Although we, too, are frustrated by divergent medical opinions in this case, we do not find that the WCJ erred in concluding that Mr. Sharbono is still suffering from a work-related aggravation of his MS.

|inDecree

For the above reasons, the judgment of the Office of Workers’ Compensation is affirmed at Defendants’ costs.

AFFIRMED.

      . Fire Safety Sales and Service is insured by Highlands Insurance Company, also a Defendant in this case.

      . Many of Mr. Sharbono's medical records from Houston, including the films of his pre-accident MRI, were destroyed in a flood in 2001.