text:
    Johnna WILSON, et al. v. Ralph Calvin DAVIS, et al.
    No. 2003-CC-1204.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Wilson, Johnna et al.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 477532; to the Court of Appeal, First Circuit, No. 2002-CW-2324.

Denied.


source: Caselaw Access Project

license: Public Domain

text:
    STATE ex rel. Vincent T. STEWART v. STATE of Louisiana.
    No. 2003-KH-1310.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Stewart, Vincent T.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 02-0554; to the Court of Appeal, Fifth Circuit, No. 03-KH-469.

Denied.


text:
    STATE ex rel. Eugene F. FRISCHHERTZ, Jr. v. STATE of Louisiana.
    No. 2003-KH-1316.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Frischhertz, Eugene F. Jr.;— Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. B, No. 02CR114968B; to the Court of Appeal, Third Circuit, No. KH 03-00402.

Denied.


text:
    STATE of Louisiana v. Marie M. REED.
    No. 2003-KH-1318.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Reed, Marie M.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. A, Nos. 12,356, 13247, 13,737, 14,766; to the Court of Appeal, First Circuit, No. 2003 KW 0587.

Denied.


text:
    Attelia Shealy BLACKARD, et al. v. A C AND S, INC., et al.
    No. 2003-CC-1328.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Mechanical Construction Company, L.L.C.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 97-3425; to the Court of Appeal, Fourth Circuit, No. 2003-C-0815.

Denied. Adequate remedy on appeal.

TRAYLOR, J., would grant the writ.


text:
    STATE of Louisiana v. Stanley WASHINGTON.
    No. 2003-KK-1344.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Washington, Stanley; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Madison, 6th Judicial District Court Div. A, No. 93,166; to the Court of Appeal, Second Circuit, No. 37669-KW.

Denied.


text:
    Velma CORBELLO v. COASTAL CHEMICAL CO., INC.
    No. 2003-C-0994.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Coastal Chemical Co. Inc.; Office of Worker’s Compensation; — Defendant(s); Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 4, No. 97-06510; to the Court of Appeal, Third Circuit, No. 02-1241.

Denied.

VICTORY, J., would grant the writ.


text:
    VINTAGE CONTRACTING, L.L.C. and Joseph C. Canizaro v. DIXIE BUILDING MATERIAL COMPANY, INC., Maryland Casualty Company and Stiel Insurance Services of New Orleans, Inc..
    No. 2003-CC-0995.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Stiel Insurance Services of New Orleans Inc..; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 571-387; to the Court of Appeal, Fifth Circuit, No. 03-C-58.

Denied.


text:
    Anthony LENTINI, et al. v. NORTHWEST LOUISIANA LEGAL SERVICES, INC.
    No. 2003-CC-0996.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Northwest Louisiana Legal Services Inc. et al.; Vaughan, James A.;— Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. C, No. 434-527; to the Court of Appeal, Second Circuit, No. 36,620-CW.

Denied.


text:
    Charles A. CULOTTA v. A.L. & W. MOORE TRUCKING COMPANY.
    No. 2003-C-0998.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Culotta, Charles A.;-Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 1-W, No. 97-08639; to the Court of Appeal, Second Circuit, No. 35,344-WCA.

Denied.


text:
    Robert L. HEBERT, Jr., et al. v. Scott YARNELL, et al.
    No. 2003-C-1004.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Hebert, Robert L. Individually and as Natural Co-Tutor of his minor child; Hebert, Robert L. Ill; Hebert, Marion;— Plaintiff(s); Applying for Writ of Certiora-ri and/or Review, Parish of Grant, 35th Judicial District Court Div. 0, No. 10,722; to the Court of Appeal, Third Circuit, No. 02-0348.

Denied.


text:
    Mark S. BOUDREAUX v. BELLSOUTH TELECOMMUNICATIONS.
    No. 2003-C-1012.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Boudreaux, Mark S.; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation Dist.-7, No. 00-00138; to the Court of Appeal, Fifth Circuit, No. 02-CA-695.

Denied.


text:
    William A. DWYER v. Mavis EARLY, City Attorney for the City of New Orleans.
    No. 2003-C-1013.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Dwyer, William A.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 01-20659; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1545.

Denied.


text:
    Gabriel QUADRI v. LYKES BROTHERS STEAMSHIP COMPANY, INC.
    No. 2003-CC-1017.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re United Kingdom Mutual Steamship Assurance Assoc. (Bermuda) Limited; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. N, No. 95-13235; to the Court of Appeal, Fourth Circuit, No. 2003-C-0298.

Denied.


text:
    Brenda Marie Conrad SPORL v. Ronald A. SPORL.
    No. 2003-OC-1020.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Sporl, Ronald A.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 419-605; to the Court of Appeal, Fifth Circuit, No. 03-CA-364.

Denied.


text:
    Debra JACKSON v. CONAGRA POULTRY COMPANY.
    No. 2003-C-0986.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Conagra Poultry Company; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District No. 2, No. 01-0980; to the Court of Appeal, Third Circuit, No. 02-492.

Denied.

VICTORY, J., would grant the writ.


text:
    H.L. RICHEY, et al. v. Jeff A. MOORE, et al.
    No. 2003-C-0987.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Richey, H.L. et al.; Richey, Marilyn; Young, K. F.; Young, Gloria; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. B, No. 419-105; to the Court of Appeal, Second Circuit, No. 36,785-CA.

Denied.


text:
    Connie L. MOSLEY Individually, and Vicel Smith on Behalf of Her Minor Children Teron White, Cleandrew Barden, and Katrina Smith v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Chester T. Gates, Wendell E. Pugh, Parish of Morehouse, Town of Bonita.
    No. 2003-C-0989.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Mosley, Connie L. et al.; Smith, Vicel; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of More-house, 4th Judicial District Court Div. 0, No. 96230; to the Court of Appeal, Second Circuit, No. 36-907-CA.

Denied.


text:
    Ashley DEPAULIS and Joseph Depaulis v. PATTERSON INSURANCE COMPANY, Metropolitan Property and Casualty Insurance Company, Dennis Rogers d/b/a D & R Sales and D & R Sales, Inc.
    No. 2003-C-0992.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Depaulis, Ashley et al.; Depaulis, Joseph; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Oua-chita, 4th Judicial District Court Div. A, No. 99-5416; to the Court of Appeal, Second Circuit, No. 36,892-CA.

Denied.


text:
    Eugene Leonard DUDENHEFER, Eugene A. Dudenhefer, Warren J. Dudenhefer, Diane Dudenhefer Volpe and Roy E. Dudenhefer v. MERAUX LAND DEVELOPMENT, L.L.C. and the State of Louisiana.
    No. 2003-C-0854.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Dudenhefer, Eugene Leonard et al.; Dudenhefer, Eugene A.; Dudenhefer, Warren J.; Volpe, Diane Dudenhefer; Du-denhefer, Roy E.; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. D, No. 91-523; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0863.

Denied.

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

KNOLL, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    Lillie BALL v. WENDY’S INTERNATIONAL, INC. Lillie Ball v. McDonald’s Hamburgers.
    No. 2003-C-0978.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re McDonald’s Hamburgers; Louisiana Insurance Guaranty Association; — Defendants); Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District No. 1, Nos. 01-02941, 01-02024,; to the Court of Appeal, Second Circuit, Note). 36,922-WCA, 36,923-WCA.

Denied.


text:
    SUCCESSION OF Dolores Mary NOMEY.
    No. 2003-C-0983.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Langlois, Patricia Nomey; — Other; Applying for Writ of Certiorari and/or Review, Parish of Jackson, 2nd Judicial District Court Div. A, No. 4778; to the Court of Appeal, Second Circuit, No. 36,784-CA.

Denied.


text:
    Deborah Conner HOTARD v. DIABETES SELF MANAGEMENT CENTER, INC., Rebecca J. Abel, and Melissa A. Hanks.
    No. 2003-C-0649.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Hotard, Deborah Conner; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. C, No. 2000-4468; to the Court of Appeal, Third Circuit, No. 02-944.

Denied.


text:
    CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE v. Evest Antonio BROUSSARD, Evest Antonio Broussard, II and Frances Broussard Holliday.
    No. 2003-C-0652.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Broussard, Evest Antonio; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 475,687; to the Court of Appeal, First Circuit, No. 2002 CA 0166.

Denied.

KNOLL, J., would grant the writ.


text:
    Lucille PARKER v. ESSEX INSURANCE COMPANY, Reverend Gregory G. Hill, and Greater Mount Pilgrim Baptist Church.
    No. 2003-C-0671.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Essex Insurance Company et al.; Greater Mount Pilgrim Baptist Church;— Defendant(s); Applying for Writ of Certio-rari and/or Review, Parish of Orleans, Civil District Court Div. D, No. 1996-107; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1142.

Denied.


text:
    Ann MURPHY v. GILSBAR, INC., et al.
    No. 2003-C-0676.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Murphy, Ann; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. B, No. 50,551; to the Court of Appeal, First Circuit, No. 2002 CA 0205.

Denied.

WEIMER, J., recused.


text:
    Mary BEL, Individually and on Behalf of the Estate of Her Husband, Douglas Bel; and Linda B. Mire and Carolyn B. Heard v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Allstate Insurance Company, Regal Insurance Company, Craig Lewis, Individually and d/b/a Craig Lewis State Farm Agency.
    No. 2003-C-0733.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Bel, Mary et al.; Bel, Douglas Estate of; Mire, Linda B.; Heard, Carolyn B.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 98-11637; to the Court of Appeal, First Circuit, No. 2002 CA 1292.

Denied.


text:
    Mary BEL, Individually and on Behalf of the Estate of Her Husband, Douglas Bel; and Linda B. Mire and Carolyn B. Heard v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Allstate Insurance Company, Regal Insurance Company, Craig Lewis, Individually and d/b/a Craig Lewis State Farm Agency.
    No. 2003-C-0734.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Bel, Mary et al.; Bel, Douglas Estate of; Mire, Linda B.; Heard, Carolyn B.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 98-11637; to the Court of Appeal, First Circuit, No. 2002 CA 360. Denied.


text:
    STATE of Louisiana, Through DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. Timoth R. TODD, et al.
    No. 2003-C-0743.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Louisiana, State of Through Department of Transportation & Development; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Natch-itoches, 10th Judicial District Court Div. A, No. 71802; to the Court of Appeal, Third Circuit, No. 01-0374.

Denied.


text:
    James M. ROBERTSON, M.D. and Victoria Robertson v. The NEUROMEDICAL CENTER, Thomas B. Flynn, John R. Clifford, Anthony S. Ioppolo, Allen S. Joseph, Thomas P. Perone, L. Allen Proctor, Oscar L. Rogers, III, Carolyn C. Baker, Susan L. Scarberry and Barbara J. Golden.
    No. 2003-C-0834.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Robertson, Victoria; Robertson, James M. M.D. et al.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 420,881; to the Court of Appeal, First Circuit, No. 2002 CA 0008.

Denied.


text:
    STATE of Louisiana v. Ashraf N. QUTOUM.
    No. 2003-K-0595.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Qutoum, Ashraf N.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, No. 00-0023; to the Court of Appeal, Fifth Circuit, No. 02-KA-780.

Denied.


text:
    Elena C. Garcia, Wife of Diego Antonio RODRIGUEZ v. Diego Antonio RODRIGUEZ.
    No. 2003-C-0621.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Garcia, Elena C.; Rodriguez, Elena Garcia; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 97-21770; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0439.

Denied.


text:
    Gordean Adella WINGFIELD, Individually and as Guardian and Conservator of the Estate of Her Major Son, Kenny Clark v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Wilson Trailer Company, Inc. and National Union Fire Insurance Company of Pittsburgh, PA. Jackie Murray, Sharon Ray Rovner, Ivy J. Wills as Legal Guardian and Attorney for Joseph Edward Wingfield and Joseph Edward Wingfield v. State of Louisiana, Through the Department of Transportation and Development and Wilson Trailer Company, Inc.
    No. 2003-C-0313.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Wingfield, Gordean Adella; Clark, Kenny; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, Nos. 418,074, 418,842; to the Court of Appeal, First Circuit, No(s). 2001 CA 2668, 2001 CA 2669.

Denied.


text:
    Gordean Adella WINGFIELD, Individually and as Guardian and Conservator of the Estate of Her Major Son Kenny Clark v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Wilson Trailer Company, Inc. and National Union Fire Insurance Company of Pittsburgh, PA. Jackie Murray, Sharon Ray Rovner, Ivy J. Wills as Legal Guardian and Attorney for Joseph Edward Wingfield and Joseph Edward Wingfield v. State of Louisiana, Through the Department of Transportation and Development and Wilson Trailer Company, Inc.
    No. 2003-C-0339.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Louisiana State of et al.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, Nos. 418,842, 418,074; to the Court of Appeal, First Circuit, No(s). 2001 CA 2668, 2001 CA 2669.

Denied.

VICTORY, J., would grant the writ.

KNOLL, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    Gordean Adella WINGFIELD, Individually and as Guardian and Conservator of the Estate of Her Major Son Kenny Clark v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Wilson Trailer Company, Inc. and National Union Fire Insurance Company of Pittsburgh, PA. Jackie Murray, Sharon Ray Rovner, Ivy J. Wills as Legal Guardian and Attorney for Joseph Edward Wingfield and Joseph Edward Wingfield v. State of Louisiana, Through the Department of Transportation and Development and Wilson Trailer Company, Inc.
    No. 2003-C-0349.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re National Fire Union Insurance Company/Pittsburgh Pa; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, Nos. 418,842, 418,074; to the Court of Appeal, First Circuit, No(s). 2001 CA 2668, 2001 CA 2669.

Denied.

VICTORY, J., would grant the writ.

KNOLL, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    STATE of Louisiana v. Luis RODRIGUEZ.
    No. 2003-K-0482.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Rodriguez, Luis; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 97-06177; to the Court of Appeal, Fifth Circuit, No. 02-KA-334.

Denied.


text:
    STATE of Louisiana v. Ronald M. SMITH, Jr.
    No. 2003-K-0562.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Smith, Ronald M. Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Beauregard, 36th Judicial District Court Div. B, No. CR-627-01; to the Court of Appeal, Third Circuit, No. 02-719.

Denied.


text:
    STATE ex rel. Lionell NEWTON v. STATE of Louisiana.
    No. 2002-KH-1808.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Newton, Lionell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. F, No. 223,274; to the Court of Appeal, Third Circuit, No(s). KH 02-00180, KH 01-00990.

Denied.


text:
    STATE ex rel. Alcady BARNES v. STATE of Louisiana.
    No. 2002-KH-1817.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Barnes, Alcady; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 397-695; to the Court of Appeal, Fourth Circuit, No. 2002 K 835.

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. Darryl G. JETT v. STATE of Louisiana.
    No. 2002-KH-1818.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Jett, Darryl, G.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. B, Nos. 45,414, 45,415, 45,416; to the Court of Appeal, Third Circuit, No. KH 02-694.

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

KNOLL, J., recused.


author: CALOGERO, C.J.,

text:
    STATE ex rel. Curtis E. DILLON v. STATE of Louisiana.
    No. 2002-KH-2561.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Dillon, Curtis E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. B, No. 200-458; to the Court of Appeal, Third Circuit, No. KH 02-00897.

Denied.

KNOLL, J., recused.

CALOGERO, C.J.,

concurs in the writ denial and assigns the following reasons. Relator should refile his application with a copy of his motions in the court of appeal. If relator wishes to dispute the DOC’s computation of his time, he must pursue administrative remedies with the DOC, R.S. 15:1171 et seq., and only then may seek judicial review in the 19th JDC. R.S. 15:571.15; R.S. 15:1177.


text:
    STATE ex rel. Kenan ALLEN v. STATE of Louisiana.
    No. 2002-KH-3035.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Allen, Kenan; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 495-066; to the Court of Appeal, First Circuit, No. 2002 KW 1917.

Denied. Moot. The court of appeal has acted.


text:
    STATE of Louisiana ex rel. Mister DONAHUE v. STATE of Louisiana.
    No. 2002-KH-1761.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Donahue, Mister; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, No. 17,510; to the Court of Appeal, First Circuit, No. 2002 KW 0562.

Denied.


text:
    STATE ex rel. Freddie THIBODEAUX v. STATE of Louisiana.
    No. 2002-KH-1762.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Thibodeaux, Freddie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 92-1886; to the Court of Appeal, Fifth Circuit, No. 02-KH-453.

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


text:
    STATE ex rel. Donald MUSE v. STATE of Louisiana.
    No. 2002-KH-1753.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Muse, Donald; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 97-5901; to the Court of Appeal, Fifth Circuit, No. 02-KH-467.

Denied.


text:
    STATE ex rel. Rhonda K. OLIVER v. STATE of Louisiana.
    No. 2002-KH-1754.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Oliver, Rhonda K.,; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 01-955; to the Court of Appeal, Fifth Circuit, No. 02-KH-389.

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. Corey K. PHILLIPS.
    No. 2002-KH-1755.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Phillips, Corey K,; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 02-00-352; to the Court of Appeal, First Circuit, No. 2001 KA 1410.

Denied.


text:
    STATE ex rel. Manuel TRUEBLOOD v. STATE of Louisiana.
    No. 2002-KH-1756.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Trueblood, Manuel; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 371-746; to the Court of Appeal, Fourth Circuit, No. 2002-K-0715.

Denied.


text:
    STATE of Louisiana v. Kenneth HARRIS.
    No. 2002-KH-1760.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Harris, Kenneth; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 419-556; to the Court of Appeal, Fourth Circuit, No. 2002-KA-0250.

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:
    Heidi Klemper LAYTON v. Daryl NEWELL.
    No. 2003-CC-0229.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Heidi Klemper Layton; — Plaintiff; Applying for Rehearing of this Court’s order dated April 4, 2003, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 2001-12116; to the Court of Appeal, First Circuit, No. 2002 CW 2248.

Rehearing denied.


text:
    STATE ex rel. Shawn SEGURA v. STATE of Louisiana.
    No. 2002-KH-0878.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Shawn Segura, applying for Reconsideration of this Court’s Order dated March 28, 2003; Parish of Lafayette, 15th Judicial District Court, Division “A”, No. 78,420; to the Court of Appeal Third Circuit, No. 01-508.

Denied.


text:
    STATE of Louisiana v. Clarence J. SALOOM.
    No. 2002-OK-2631.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re State of Louisiana;Applying for Reconsideration of this Court’s action dated, March 28, 2003; Parish of Lafayette, 15th Judicial District Court, Division “A”, No. 65271, Court of Appeal, Third Circuit No. KW 02 01004.

Reconsideration denied.


text:
    John JAMES v. LSU HEALTH SCIENCES CENTER MEDICAL CENTER OF LOUISIANA.
    No. 2003-C-0214.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re LSU Health Sciences Center Medical Center of Louisiana at New Orleans, applying for Reconsideration of this Court s Order dated April 21, 2003; State Civil Service Commission No. 13876; Court of Appeal, First Circuit, No. 2001 CA 19853.

Reconsideration denied.


text:
    Theodore A. BILBO, et al. v. ANCO INSULATIONS, INC. et al.
    No. 2003-CC-1033.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Houston General Insurance Company, applying for Reconsideration to this court’s action dated April 16, 2002, Parish of St. James, 23rd Judicial District Court, No. 028022, Fifth Circuit Court of Appeal No. 03-C-445.

Not Considered. See Supreme Court Rule IX Section 6.


text:
    Arthur James BENOIT, et al. v. Mary Corinne Laurents FISHER, et al.
    No. 2003-C-1007.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Benoit, Arthur James et al.; Benoit, Bobbie Jean Skaggs; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. K, No. 99-72592; to the Court of Appeal, Third Circuit, No. 02-1245.

Not considered. Not timely filed. See Supreme Court Rule X, Section 5.

CALOGERO, C.J., recused.


text:
    UNITED COMPANIES LENDING CORPORATION v. The HUMBOLT CORPORATION, et al.
    No. 2003-OC-1233.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Humbolt Corporation et al.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 462,968; to the Court of Appeal, First Circuit, No. 2002 CA 2499.

Stay denied. Writ denied.


text:
    STATE of Louisiana v. Paul MARTINEZ.
    No. 2001-KO-2588.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. B, No. 98-6524; to the Court of Appeal, Fifth Circuit, No. 01-KA-224.

Denied.


text:
    STATE ex rel. Kendrick JOHNSON v. STATE of Louisiana.
    No. 2002-KH-1368.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Johnson, Kendrick; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 07-98-973; to the Court of Appeal, First Circuit, No. 00 KA 0680.

Denied.


text:
    STATE of Louisiana v. Joseph SAVOY.
    No. 2002-KO-1538.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Savoy, Joseph;- — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Martin, 16th Judicial District Court Div. F, No. 98-189632; to the Court of Appeal, Third Circuit, No. 01-1231.

Denied.


text:
    STATE of Louisiana v. John LONDON.
    No. 2002-KO-1567.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re London, John;- — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. F, No. 01-311; to the Court of Appeal, Fifth Circuit, No. 01-KA-1016.

Denied.


text:
    STATE of Louisiana v. Jamar D. TAYLOR.
    No. 2002-KO-1569.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Taylor, Jamar D.,; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. D, No. 192,736; to the Court of Appeal, Second Circuit, No. 35,921-KA.

Denied.


text:
    STATE of Louisiana v. Edward D. JORDAN.
    No. 2002-KO-1570.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Jordan, Edward D.,; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. B, No. 204,712; to the Court of Appeal, Second Circuit, No. 35,643-KA.

Denied.


text:
    STATE of Louisiana v. Lenard T. HICKS.
    No. 2002-KO-1580.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Hicks, Lenard; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, No. 99-7491; to the Court of Appeal, Fifth Circuit, No. 01-KA-1064.

Denied.


text:
    STATE of Louisiana v. Ralph Otis JACKSON.
    No. 2002-KO-1581.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Jackson, Ralph Otis; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Cameron, 38th Judicial District Court Div. 0, Nos. 84581, 91252; to the Court of Appeal, Third Circuit, No. 99-1711.

Denied.


text:
    STATE of Louisiana v. Gerry O. ROBINSON.
    No. 2002-KO-1640.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Robinson, Gerry, O.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 365458; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1305.

Denied.


text:
    STATE ex rel. Stephen Ross PROCTOR v. STATE of Louisiana.
    No. 2002-KH-1645.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Proctor, Stephen, Ross; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. D, No. 41124; to the Court of Appeal, Third Circuit, No. KH 01-1507.

Denied.


text:
    STATE ex rel. Lance S. BARTON v. STATE of Louisiana.
    No. 2002-KH-1722.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Barton, Lance S.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. D, No. 11127; to the Court of Appeal, First Circuit, No. 2001-KW-2728.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Roy Lee MCDONALD v. STATE of Louisiana.
    No. 2002-KH-1725.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re McDonald, Roy Lee; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lincoln, 3rd Judicial District Court Div. A, No. 44,460; to the Court of Appeal, Second Circuit, No(s). 36170-KH, 36050-KH, 36021-KH, 35825-KH, 33614-KH.

Denied.


text:
    STATE ex rel. Kevin PETERSON v. STATE of Louisiana.
    No. 2002-KH-1728.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Peterson, Kevin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Claiborne, 2nd Judicial District Court Div. A, No. 35,284.

Denied. Moot. The Court of Appeal has acted.


text:
    Earl L. BALLENGER v. Richard STALDER et al.
    No. 2002-CI-1729.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Ballenger, Earl L.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 472,368; to the Court of Appeal, First Circuit, No. 2001 CA 0401.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. John E. SPELLMAN v. STATE of Louisiana.
    No. 2002-KH-1732.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Spellman, John E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 99-250-B; to the Court of Appeal, Fourth Circuit, No. 2002-K-0190.

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. Jimmy J. BERGERON.
    No. 2002-KO-1735.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Bergeron, Jimmy J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. A, No. 351,600; to the Court of Appeal, First Circuit, No. 2001 KA 2400.

Denied.


text:
    Denaud M. EGANA v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.
    No. 2002-CI-1739.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Egana, Denaud M.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 470,652; to the Court of Appeal, First Circuit, No. 2001 CW 2893.

Denied. Moot.


text:
    STATE of Louisiana v. Darrel E. WEST, Sr.
    No. 2002-KH-1744.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re West, Darrel E. Sr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 337-893.

Denied. Moot. The district court has acted.


text:
    STATE ex rel. Derrick T. MITCHELL v. STATE of Louisiana.
    No. 2002-KH-1745.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Mitchell, Derrick T.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lincoln, 3rd Judicial District Court Div. B, No. 44,360; to the Court of Appeal, Second Circuit, No. 36254-KH.

Denied.


text:
    STATE ex rel. Eugene JOSEPH v. STATE of Louisiana.
    No. 2002-KH-1746.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Joseph, Eugene; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 381-495; to the Court of Appeal, Fourth Circuit, No. 2002-K-0808.

Denied.


text:
    STATE ex rel. Eddie A. COLE v. STATE of Louisiana.
    No. 2002-KH-1747.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Cole, Eddie A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 400-976; to the Court of Appeal, Fourth Circuit, No. 2000-KA-0393.

Denied.


text:
    STATE ex rel. Ronald K. BURD v. STATE of Louisiana.
    No. 2002-KH-1749.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Burd, Ronald K.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 276-296.

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. Sammie ROBINSON v. STATE of Louisiana.
    No. 2002-KH-1750.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Robinson, Sammie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, No. 2,011.

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. Almond J. RICHARDSON v. STATE of Louisiana.
    No. 2002-KH-1751.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Richardson, Almond J.,; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 395-652; to the Court of Appeal, Fourth Circuit, No. 2001-K-0817.

Denied.


text:
    STATE ex rel. Edward BENTLEY v. STATE of Louisiana.
    No. 2002-KH-1752.
    Supreme Court of Louisiana.
    May 30, 2003.
   In re Bentley, Edward; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 371-124; to the Court of Appeal, Fourth Circuit, No. 2002-K-0543.

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. Corey MILLER.
    No. 2003-KK-1010.
    Supreme Court of Louisiana.
    June 4, 2003.
   In re Miller, Corey; — Defendant; 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-104.

Denied.

CALOGERO, C.J., recused.


text:
    STATE of Louisiana v. Donald SIMMONS, et al.
    No. 2003-KK-1351.
    Supreme Court of Louisiana.
    June 4, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 429-916; to the Court of Appeal, Fourth Circuit, No. 2003-K-0520.

Denied.

TRAYLOR, J., would grant the writ.

KNOLL, J., would grant the writ.


text:
    In re E.N.
    No. 2003-CC-1407.
    Supreme Court of Louisiana.
    June 4, 2003.
   In re Times Picayune Publishing Corporation; Filosa, Gwen; — Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, Juvenile Court Parish Of Jefferson, No. 199 JU 042; to the Court of Appeal, Fifth Circuit, No. 03-C-564.

Denied.


text:
    James R. DUGAN, II v. Richard H. CHANCEY.
    No. 2003-CC-1419.
    Supreme Court of Louisiana.
    June 4, 2003.
   In re Chancey Richard H.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. H, No. 02-15606; to the Court of Appeal, Fourth Circuit, No. 2003-C-0488.

Denied.


text:
    STATE of Louisiana v. Tory BOATNER.
    No. 2003-K-0485.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. C, No. 406-284; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1659.

Granted.


text:
    STATE of Louisiana v. William TAVES.
    No. 2003-K-0518.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. C, No. 35717; to the Court of Appeal, Third Circuit, No. 02-709.

Granted.


text:
    Dustin PEPPER v. Thomas Seth TRIPLETT and Allstate Insurance Co.
    No. 2003-C-0619.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Triplet, Thomas Seth et al.; Allstate Insurance Company; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. B, No. 130,760; to the Court of Appeal, First Circuit, No. 2002-CA-0022.

Granted.


text:
    Michael Joseph GALLO v. Brenda Ann Conner GALLO.
    No. 2003-C-0794.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Gallo, Brenda Ann Connor; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 92-8740; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0575.

Granted.


text:
    Linda Bozeman, Individually and on Behalf of Tommy BOZEMAN v. STATE of Louisiana, and the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 2003-C-1016.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Bozeman, Linda; Bozeman, Tommy; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, Nos. 894,065, 398,237; to the Court of Appeal, Second Circuit, No(s). 36,665-CA, 36,803-CA.

Granted.


text:
    Willard A. EASTIN Jr., et al. v. ENTERGY CORPORATION, et al.
    No. 2003-C-1030.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Entergy Corporation, et al.; En-tergy Corporation; Entergy Services, Inc.; Entergy Louisiana, Inc.; Entergy New Orleans, Inc.; Entergy Gulf States, Inc.; Lupberger, Edwin A.; — 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. 02-CA-1119.

Granted.


text:
    Jody C. DEAN v. SOUTHMARK CONSTRUCTION and Louisiana Workers’ Compensation Corporation.
    No. 2003-C-1051.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Dean, Jody C.; — -Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District No. 5, No. 99-09225; to the Court of Appeal, First Circuit, No. 2002 CA 0028.

Granted.


text:
    Patrick J. SPEZIO v. Phillip J. SPEZIO, Jr.
    No. 2002-C-1451.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Spezio, Patrick J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 2000-13489; to the Court of Appeal, Fourth Circuit, No. 2001-CA-1789.

Granted and remanded to court of appeal to reconsider with benefit of Burgui-eres.


text:
    STATE of Louisiana v. Edward CRAIG.
    No. 2002-KK-1666.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 425-810; to the Court of Appeal, Fourth Circuit, No. 2002-K-1172.

Granted. Remand to Court of Appeal to reconsider in light of State v. Sylvia, 01-1406 (La.4/9/03), 845 So.2d 358, 2003 WL 1826668.

CALOGERO, C.J.,

dissents from the Court’s action. The majority opinion in Sylvia, 01-1406 (La.4/9/03), 845 So.2d 358, 2003 WL 1826668 was wrong. But in all events, the case is distinguishable from Sylvia.


text:
    STATE of Louisiana v. Darren GREEN.
    No. 2002-KD-2479.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 37-01; to the Court of Appeal, First Circuit, No. 2002 KW 2103.

Writ granted. Even assuming that a document captioned as an “Investigator’s Report” is a portion of the coroner’s report as envisioned by La. C.Cr.P. art. 105, the plain language of that article does not allow admission of such evidence for proof of any fact other than to show “death and the cause thereof.” See State v. Dozier, 97-1564, p. 7 (La.App. 3 Cir. 5/20/98), 713 So.2d 729, 733. As the defendant in the instant case seeks to use the report to impeach the coroner regarding the victim’s time of death, the lower courts erred in failing to rule it inadmissible.


text:
    LOUISIANA WORKERS’ COMPENSATION CORPORATION v. Harold COOK.
    No. 2002-C-2689.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Cook, Harold; — Defendant; Applying for Writ of Certiorari and/or Review Louisiana Workers’ Compensation District 065, No. 00-06702; to the Court of Appeal, First Circuit, No. 2001 CA 1897.

Writ Granted. The judgment of the Office of Workers’ Compensation granting the exception of prescription and dismissing the plaintiffs claim for supplemental earnings benefits based on the two year period of La. R.S. 23:1221(3)(d)(i), rather than the three year period of La. R.S. 23:1209(A), and the judgment of the Court of Appeal affirming that judgment, are hereby reversed. See, Dufrene v. Video Co-op, 2002-1147 (La.4/9/03), 843 So.2d 1066. This matter is remanded to the Office of Workers’ Compensation for further proceedings consistent herewith.


text:
    STATE of Louisiana v. Leonard HENDERSON.
    No. 2002-KO-1100.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Henderson, Leonard -Defendant (s); — Applying for Reconsideration of an Order of this Court dated April 21, 2003; Parish of Orleans, Criminal District Court, No. 410-069; to the Court of Appeal, Fourth Circuit, No. 2000-KA-2285.

Denied.

JOHNSON, J. would grant.


text:
    STATE ex rel. Freddie CLEMENTS, Jr. v. STATE of Louisiana.
    No. 2002-KH-1417.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Freddie Clements, Jr.; — Plaintiff; Applying for Reconsideration of this Court’s order dated April 28, 2003, Parish of Orleans, Criminal District Court Div. J, No. 390-985; to the Court of Appeal, Fourth Circuit, No. 2002-K-417.

Reconsideration denied.


text:
    STATE of Louisiana v. William PLAISANCE.
    No. 2002-KP-2123.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Plaisance, William. Plaintiff(s);— Applying for Reconsideration an Order of this Court dated April 21, 2003; Parish of Caddo, 1st. Judicial District Court Div. B, No. 187,984; Court of Appeal, Second Circuit no. 36407-KH.

Denied.

CALOGERO, C.J., recused.


text:
    Dorothy A. WEATHERTON v. ISLE OF CAPRI CASINO.
    No. 2003-C-0365.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Weatherton, Dorothy A.; — Plaintiff; Applying for Reconsideration of this Courts action dated April 21, 2003; Office of Worker’s Compensation District 1W, Nos. 99-03544, 98-02844, 01-06857, 01-6855, 35-698CM, 98-02844, to the Court of Appeal, Second Circuit No. 36343-WCA, 36,682-WCA.

Denied.

CALOGERO, C. J., recused.


text:
    Alfonso RHONE v. Charles LEWIS, et al.
    No. 2002-CP-2435.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Rhone, Alfonso, Plaintiff; Applying for Second Reconsideration of the Orders of this Court dated November 22, 2002 and March 14, 2003; Parish of Claiborne, 2nd Judicial District Court, Div. “A,” No. 35244; Court of Appeal, Second Circuit, No. 36,210-CA.

Not considered. Relator’s original application was not considered as it was untimely, and his application for reconsideration was denied. No further filings in this matter will be entertained.


text:
    UNITED STATES of America v. David SMALL and Cathy Small.
    No. 2002-CC-2794.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Small, David and Small, Cathy;— Defendants applying for Reconsideration of this Court’s action dated January 31, 2003, Parish of Avoyelles, 12th Judicial District Court Div. O, No. 90-4966; to the Court of Appeal, Third Circuit, No. CW 02-00894.

Not considered. See Supreme Court Rule IX, section 6.


text:
    In re S.C.T.
    No. 2002-OB-3005.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Confidential Party — Other (s);— Applying for Reconsideration of an Order of this Court dated January 8, 2003; Petition for Reinstatement to Active Status from Disability Inactive Status.

Not considered. Insofar as the application seeks reconsideration of this Court’s January 8, 2003 order, it is untimely. Insofar as the application seeks transfer to active status, it is premature under Supreme Court Rule XIX, Sec. 22(G)(2), as less than one year has elapsed since this Court’s January 8, 2003 order.


text:
    WILLOW, INC. and James Ward v. Don V. JAMES and Melvin Ripp, Jr.
    No. 2003-CC-0357.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Ripp, Melvin Jr.; — Defendant, Applying for Reconsideration of this Court’s action dated April, 21, 2003; Parish of Jefferson, 24th Judicial District Court Div. P, No. 513-436; to the Court of Appeal, Fifth Circuit, No. 02-C-1199.

Not considered. See Supreme Court Rule IX, section 6.


text:
    Michael COBENA v. METRO DISPOSAL, INC., Marick McKissic Lee, Scottsdale Insurance Company and State Farm Mutual Automobile Insurance Company.
    No. 2003-C-1057.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Scottsdale Ins. Co.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 535-633; to the Court of Appeal, Fifth Circuit, No. 02-CA-1062.

Not considered. Not timely filed.


text:
    Diane GUYTON v. Michelle YOUNG, United Services Automobile Association and State Farm Mutual Automobile Insurance Company.
    No. 2003-C-1071.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re United Services Auto. Assn.;— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Orleans, Civil District Court Div. D, No. 01-15586; to the Court of Appeal, Fourth Circuit, No. 2002-CA-2417.

Not considered. Not timely filed.


text:
    Alton CROWDEN v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS.
    No. 2003-C-1175.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana Dept, of Public Safety & Corrections; — Defendant; Applying for Supervisory and/or Remedial Writs Office of Workers’ Compensation District 8, No. 99-05300; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0736.

Not considered. Not timely filed.


text:
    STATE ex rel. Johnny PEARSON v. STATE of Louisiana.
    No. 2003-KH-0078.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Pearson, Johnny; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 00-5403; to the Court of Appeal, Fifth Circuit, No. 02-KH-1144.

Application dismissed at Relator’s request.


author: CALOGERO, C.J., KNOLL, J., WEIMER, J.,

text:
    STATE ex rel. George BATISTE v. STATE of Louisiana.
    No. 2002-KH-0534.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Batiste, George; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. James, 23rd Judicial District Court Div. D, No. 2601; to the Court of Appeal, Fifth Circuit, No. 02-KH-06.

Denied.

CALOGERO, C.J.,

would grant and order a remand to the district court for the purpose of conducting a hearing to determine why the December 9,1996, transcript of the guilty plea colloquy requested by relator and ordered by the district court to be provided to relator does not exist.

KNOLL, J.,

would grant and order a remand to the district court for the purpose of conducting a hearing to determine why the December 9, 1996, transcript of the guilty plea colloquy requested by relator and ordered by the district court to be provided to relator does not exist.

WEIMER, J.,

would grant and order a remand to the district court for the purpose of conducting a hearing to determine why the December 9, 1996, transcript of the guilty plea colloquy requested by relator and ordered by the district court to be provided to relator does not exist.


text:
    STATE of Louisiana v. Eddie D. JOHNSON.
    No. 2002-KO-1647.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Johnson, Eddie D.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 413-765; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1281.

Denied.


text:
    STATE of Louisiana v. Larry SHARP.
    No. 2002-KO-1736.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Sharp, Larry; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. D, No. 207,480; to the Court of Appeal, Second Circuit, No. 35,714-KA.

Denied.


text:
    STATE of Louisiana v. Andre MARTIN.
    No. 2002-KO-1737.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Martin, Andre; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Washington, 22nd Judicial District Court Div. G, No. 98 CR 73052; to the Court of Appeal, First Circuit, No. 2001 KA 1397.

Denied.


text:
    STATE of Louisiana v. Brian BERRY.
    No. 2002-KO-1738.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Berry, Brian; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 11-95-1111; to the Court of Appeal, First Circuit, No. 2001 KA 2321.

Denied.

WEIMER, J., recused.


text:
    Alvin HARVEY v. 19TH JUDICIAL DISTRICT COURT, Clerk of Court, Doug Welborn.
    No. 2002-CI-1771.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Harvey, Alvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. None; to the Court of Appeal, First Circuit, No. 2002 CW 0239.

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:
    Walter BURNETTE v. Richard L. STALDER, Burl Cain, Dora Rabalais, and James Rodgers.
    No. 2002-CI-1774.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Burnette, Walter; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 458,175; to the Court of Appeal, First Circuit, No. 2001 CA 1878.

Denied.


text:
    STATE of Louisiana v. Edward L. SNELGROVE.
    No. 2002-KO-1785.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Snelgrove, Edward L.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vernon, 30th Judicial District Court Div. B, Nos. 59,876, 59,879; to the Court of Appeal, Third Circuit, No. 01-1548.

Denied.


text:
    STATE of Louisiana v. Clifton A. AYCHE.
    No. 2002-KO-1786.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Ayehe, Clifton B.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. S, No. 97-2299; to the Court of Appeal, Fifth Circuit, No. 01-KA-1260.

Denied.

JOHNSON, J., would grant the writ.


text:
    STATE of Louisiana v. Harry James DUGAS.
    No. 2002-KO-1787.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Dugas, Harry James; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Martin, 16th Judicial District Court Div. D, No. 98-186236; to the Court of Appeal, Third Circuit, No. 01-1438.

Denied.


text:
    STATE of Louisiana v. Keybian Aldon LEWIS.
    No. 2002-KO-1788.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Lewis, Keybian Aldon; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. H, No. 97 CR769992-3; to the Court of Appeal, First Circuit, No. 2001 KA2175.

Denied.


text:
    STATE of Louisiana v. Gregory WILLIAMS.
    No. 2002-KO-1789.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Williams, Gregory; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 05-00-131; to the Court of Appeal, First Circuit, No. 2001 KA 2508.

Denied.


text:
    STATE of Louisiana v. James M. SARGENT.
    No. 2002-KO-1790.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Sargent, James;' — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 329-372; to the Court of Appeal, First Circuit, No. 2001 KA 2555.

Denied.


text:
    STATE of Louisiana v. Troy DELONE.
    No. 2002-KO-1791.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Delone, Troy; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 413-798; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1996.

Denied.


text:
    STATE of Louisiana v. Joseph L. SOILEAU, Jr.
    No. 2002-KO-1793.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Soileau, Joseph L., Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, No. 98K4576B; to the Court of Appeal, Third Circuit, No. 02-0079.

Denied.


text:
    STATE ex rel. Zachary T. FRANKLIN v. STATE of Louisiana.
    No. 2002-KH-1807.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Franklin, Zachary T.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. C, No. 76,515; to the Court of Appeal, Second Circuit, No. 36344-KH.

Denied.


text:
    STATE ex rel. Clarence WILLIAMS v. STATE of Louisiana.
    No. 2002-KH-1816.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Williams, Clarence; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, Nos. 97-6141, 98-2800, 97-2100; to the Court of Appeal, Fifth Circuit, No. 01 KH 1155.

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

TRAYLOR, J., recused.


text:
    STATE ex rel. Norvel LASSERE v. STATE of Louisiana.
    No. 2002-KH-1819.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Lassere, Norvel; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. A, No. 94167; to the Court of Appeal, Fifth Circuit, No. 02 KH 443.

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 ex rel. Ivory Joe SMITH v. STATE of Louisiana.
    No. 2002-KH-1828.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Smith, Ivory Joe; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 99-546; to the Court of Appeal, Fifth Circuit, No. 02-KH-527.

Denied.


text:
    STATE of Louisiana v. STATE ex rel. Earl D. ETIENNE.
    No. 2002-KH-1829.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Etienne, Earl D.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. D, No. 94-149894; to the Court of Appeal, Third Circuit, No. KH 01-01676.

Denied.


text:
    STATE ex rel. Aaron S. STOGNER v. STATE of Louisiana.
    No. 2002-KH-1830.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Stogner, Aaron S.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. A, Nos. 56863, 56864; to the Court of Appeal, Third Circuit, No. KH 01-01689.

Denied.


text:
    STATE ex rel. Michael DUNCAN v. STATE of Louisiana.
    No. 2002-KH-1831.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Duncan, Michael; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 394-577; to the Court of Appeal, Fourth Circuit, No(s). 2002-K-0466, 2002-K-0926.

Denied.


text:
    STATE ex rel. Tony F. CLARKE, Sr. v. STATE of Louisiana.
    No. 2002-KH-1832.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Clarke, Tony F. Sr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. D, No. 300686; to the Court of Appeal, First Circuit, No. 2001 KW 2724.

Denied.


text:
    STATE ex rel. Lester DESMOULIN v. STATE of Louisiana.
    No. 2002-KH-1833.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Desmoulin, Lester; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 8-96-441; to the Court of Appeal, First Circuit, No. 2001 KW 2870.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Dominic LEBOUEF v. STATE of Louisiana.
    No. 2002-KH-1834.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Lebouef, Dominic; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. B, No. 310,884; to the Court of Appeal, First Circuit, No. 2001 KW 2872.

Denied.


text:
    STATE ex rel. Joe Joseph WALKER, Jr. v. STATE of Louisiana.
    No. 2002-KH-1835.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Walker, Joe Joseph Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. F, Nos. 97-146329, 98-150905; to the Court of Appeal, First Circuit, No. 2002 KW 0131.

Denied.


text:
    STATE ex rel. Arthur BROWN v. STATE of Louisiana.
    No. 2002-KH-1844.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Brown, Arthur; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 95-3415; to the Court of Appeal, Fifth Circuit, No. 02-KH-540.

Denied. Relator’s claim of improper time computation should be presented to the district court in the parish of East Baton Rouge. La. R.S. 15:571.15.


text:
    STATE ex rel. Michael FRANCIS v. STATE of Louisiana.
    No. 2002-KH-1852.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Francis, Michael; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. C, No. 233,687; to the Court of Appeal, First Circuit, No. 01 KW 3041.

Denied.

WEIMER, J., recused.


text:
    STATE of Louisiana v. Chris G. GILKERS.
    No. 2002-KO-1947.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Gilkers, Chris G.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. C, No. 00-3294; to the Court of Appeal, Fifth Circuit, No. 01-KA-1379.

Denied.


text:
    STATE of Louisiana v. Ricky Steven BREAUX.
    No. 2002-KO-1951.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Breaux, Ricky Steven; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Acadia, 15th Judicial District Court Div. J, No. 54,488; to the Court of Appeal, Third Circuit, No. 02-223.

Denied.


text:
    STATE of Louisiana v. Alvin JEANMARIE.
    No. 2002-KP-2244.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 354-016; to the Court of Appeal, Fourth Circuit, No. 2002-K-1024.

Denied.


text:
    STATE of Louisiana v. Darren GREEN.
    No. 2002-KK-2735.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Green, Darren; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 37-01; to the Court of Appeal, First Circuit, No. 2002 KW 1125.

Denied. Result is correct. Consolidated with 2002-KK-2479.


text:
    STATE of Louisiana v. Terrell v. STERLING et al.
    No. 2003-KK-0161.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Sterling, Terrell; Minor, Roman-der; Hunt, Johnel; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 421-270; to the Court of Appeal, Fourth Circuit, No. 2001-K-2271.

Denied.


text:
    STATE of Louisiana v. Terrell v. STERLING et al.
    No. 2003-KK-0527.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Phillips, Domond; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 421-270; to the Court of Appeal, Fourth Circuit, No. 2001-K-2271.

Denied.


text:
    STATE of Louisiana v. Ronald J. WILLIAMS.
    No. 2003-K-0596.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Williams, Ronald; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, No. 01^769; to the Court of Appeal, Fifth Circuit, No. 02-KA-852.

Denied.


text:
    Clinton SCHREIBER v. JEWISH FEDERATION OF GREATER NEW ORLEANS, et al.
    No. 2003-CC-0613.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Jewish Federation/Greater New Orleans et al.; Scottsdale Insurance Company; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 98-10585; to the Court of Appeal, Fourth Circuit, No. 2002-C-0992.

Denied.

VICTORY, J., would grant the writ.

KNOLL, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    TOWN OF HAYNESVILLE, INC. v. ENTERGY CORPORATION and Entergy Louisiana, Inc.
    No. 2003-C-0627.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Entergy Corporation; Entergy Louisiana Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Claiborne, 2nd Judicial District Court Div. B, No. 34,578; to the Court of Appeal, Second Circuit, No. 36,519-CA.

Denied.


text:
    STATE of Louisiana v. David MARSHALL.
    No. 2003-K-0659.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Marshall, David; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. B, No. 01-2757; to the Court of Appeal, Fifth Circuit, No. 02-KA-747.

Denied.


text:
    Kermit A. FOURROUX, Clement Bet-pouey, III, Melvin L. Hibberts and Lyndon J. Saia v. The BOARD OF COMMISSIONERS FOR the ORLEANS LEVEE DISTRICT.
    No. 2003-C-0694.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Orleans Levee District Board of Commissioners; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 00-14068; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0374.

Denied.

KNOLL, J., would grant the writ.

WEIMER, J., would grant the writ.


text:
    In re CHEMICAL RELEASE AT BOGALUSA.
    No. 2003-CC-0840.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Union Tank Car Company; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, No. 73,341; to the Court of Appeal, First Circuit, No. 2002 CW 0903.

Denied.

WEIMER, J., recused.


text:
    In re CHEMICAL RELEASE AT BOGALUSA.
    No. 2003-CC-0860.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Louisiana Insurance Guaranty Associates; — -Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, No. 73,341; to the Court of Appeal, First Circuit, No. 2002 CW 2439.

Denied.

WEIMER, J., recused.


text:
    In re CHEMICAL RELEASE AT BOGALUSA.
    No. 2003-CC-0887.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re RLI Insurance Company; Federal Insurance Company; American National Fire Insurance Company; Union Tank Car Company; Gaylord Chemical Corporation; United National Insurance Company; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, No. 73,341; to the Court of Appeal, First Circuit, No. 2002 CW 2430.

Denied.

WEIMER, J., recused.

TRAYLOR, J., would grant the writ.


text:
    Tisha C.L. LENSEY v. The CITY OF SHREVEPORT, Municipal Fire and Police Civil Service Board of the City of Shreveport.
    No. 2003-C-0997.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Shreveport City of Municipal Fire and Police et al.; Civil Service Board City of Shreveport; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 461,362; to the Court of Appeal, Second Circuit, No. 36,934-CA.

Denied.

TRAYLOR, J., would grant.


text:
    Mr. and Mrs. Paul BRUNS, et al. v. ROSELLE HOMES, et al.
    No. 2003-CC-1053.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re TIG Specialty Insurance Company; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, Nos. 418-458, 485-483, 521-129; to the Court of Appeal, Fifth Circuit, No. 02-C-1264.

Denied.


text:
    William O. BONIN v. ALERION BANK.
    No. 2003-C-1059.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Bonin, William O.; — -Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 93-22757; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1513.

Denied.


text:
    Chester SONGNE and Angeline Songne v. Dr. Wilford Perry STOKES, Jr.
    No. 2003-C-1066.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Songne, Chester et al.; Songne, Angeline; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. D, No. 95593-D; to the Court of Appeal, Third Circuit, No. 02-1222.

Denied.

JOHNSON, J., would grant the writ.


text:
    Edward WILLIAMS, Individually and Mattie Williams, Individually, and on Behalf of Their Minor Son Elliott C. Williams v. EAST BATON ROUGE PARISH SCHOOL BOARD and Henry N. Denham, Jr.
    No. 2003-CC-1067.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Williams, Edward; Williams, Mattie; — Plaintiffs); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 471,726; to the Court of Appeal, First Circuit, No. 2008 CW 0125.

Denied.


text:
    Wilbur FLINTROY v. Scott Cummins SALVAGE.
    No. 2003-C-1068.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Flintroy, Wilbur; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 1 E, No. 01-00806; to the Court of Appeal, Second Circuit, No. 36,857-WCA.

Denied.

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


text:
    Natalie WASHINGTON, on Behalf of Her Minor Son, Brian WASHINGTON v. PASTOR PROPERTIES, L.L.C. and/or d/b/a Renee Pastor Properties.
    No. 2003-C-1070.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Washington, Natalie et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 2001-10217; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1505.

Denied.


text:
    Marc E. MCNEAL v. PULAU ELECTRONIC CORPORATION and William R. Kegerreis.
    No. 2003-CC-1072.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Kegerreis, William R.; Pulau Electronic Corporation; — Plaintiffs); Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. B, No. 98-5726; to the Court of Appeal, Third Circuit, No. CW 03-00175.

Denied.


text:
    The HEIRS OF Russell J. STEBBINS, et al. v. Greg CHAMPAGNE, St Charles Parish Sheriff, et al.
    No. 2003-CC-1073.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Champagne, Gregg Sheriff St. Charles Parish; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 52,449; to the Court of Appeal, Fifth Circuit, No. 03-C-258.

Denied.


text:
    Bryan L. HEBERT, et al. v. Gregory J. AVERY, et al.
    No. 2003-CC-1075.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Hebert, Bryan et al.; Hebert, Wanda; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2001-16561; to the Court of Appeal, Fourth Circuit, No. 2002-C-2224.

Denied.


text:
    George BICKHAM, Jr. v. Vanessa PETTLE, et al.
    No. 2003-CC-1077.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Pettle, Vanessa et al.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 1999-1495; to the Court of Appeal, Fourth Circuit, No. 2003-C-0417.

Denied.


text:
    Myra HARRIS v. FEDERAL FIBRE MILLS CONDOMINIUM ASSOCIATION, INC.
    No. 2003-C-1078.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Harris, Myra; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 2002-04889; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1715.

Denied.


text:
    Sara SEGAL, Florette Neuwirth, Leona G. Stamler, Suzanne George, Edward George, Evelyn Debardeleben, Individually and as Trustee for the Geismar Real Estate Trust, and the Geismar Real Estate Trust v. SMITH, JONES & FAWER, L.L.P., Randall Smith, Gladstone N. Jones, III APLC, Michael Fawer and L. Tiffany Hawkins.
    No. 2003-C-1079.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Smith, Jones, & Fawer L.L.P.; Smith, Randall; Jones, Gladstone N. Ill APLC; Fawer, Michael; Hawkins, L. Tiffany; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. C, No. 99-3649; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1448.

Denied.


text:
    Jamie La Ryan WOODS, et al. v. HOUSING AUTHORITY OF NEW ORLEANS, et al.
    No. 2003-CC-1091.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Hamp’s Construction L.L.C.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. K, No. 2001-14312; to the Court of Appeal, Fourth Circuit, No. 2003-C-0024.

Denied.


text:
    The ESTATE OF Guy Wilson WILBURN, et al. v. Dr. Ben LEGGIO and DeSoto Regional Health System.
    No. 2003-C-1096.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re DeSoto Regional Health System d/b/a; DeSoto General Hospital; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Desoto, 11th Judicial District Court Div. A, No. 59,096-A; to the Court of Appeal, Second Circuit, No. 36,534-CA.

Denied.


text:
    Mr. and Mrs. Adam THOMAS Sr., Anna Perkins, Mr. and Mrs. Willie Cromedy, and Others v. MOBIL OIL CORPORATION, Calciner Industries Inc. and Murphy Oil, U.S.A. Inc.
    No. 2003-C-1100.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Exxon Mobil Corporation; Chal-mette Refining L.L.C.; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. D, No. 90-23370; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1904.

Denied.


text:
    AMOCO PRODUCTION COMPANY v. TEXACO INC., et al.
    No. 2003-C-1102.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Mallinckrodt Inc.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. J, No. 94-64486; to the Court of Appeal, Third Circuit, No. 02-240.

Denied.


text:
    Ronnie CLARK v. STATE of Louisiana.
    No. 2003-C-1103.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Clark, Ronnie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 44,194; to the Court of Appeal, Fifth Circuit, No. 03-C-315.

Denied.

CALOGERO, C.J., recused.

TRAYLOR, J., would grant the writ.


text:
    AMOCO PRODUCTION COMPANY v. TEXACO INC., et al.
    No. 2003-C-1104.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re IMC Exploration Company; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. J, No. 94-64486; to the Court of Appeal, Third Circuit, No. 02-240.

Denied.


text:
    Helen BARROW v. NORWEST MORTGAGE CORPORATION, nka, Wells Fargo Home Mortgage, Inc., and Mervin Jefferson and Loriner G. Rideau and Civil Sheriff, Parish of Orleans.
    No. 2003-C-1105.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Barrow, Helen; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 2000-06851.

Denied.


text:
    Gary D. HOWARD v. HOLYFIELD CONSTRUCTION, INC.
    No. 2003-C-1109.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Holyfield Construction, Inc.; LUBA; — Defendant(s); Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation, District 1 E, No. 01-04210; to the Court of Appeal, Second Circuit, No. 36,734-WCA.

Denied.


text:
    STATE of Louisiana, et al. v. KITTERLIN CREEK, LLC.
    No. 2003-C-1111.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Louisiana, State of et al.; Lasalle Parish Police Jury; Lasalle Parish School Bd.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of La-salle, 28th Judicial District Court Div. 0, No. 32,778; to the Court of Appeal, Third Circuit, No. 02-1063.

Denied.


text:
    STATE of Louisiana v. Terrell V. STERLING et al.
    No. 2003-KK-1132.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re Porter, Richard; — Defendant; Applying for Supervisory and/or Remedial Writs Criminal District Court Div. K, No. 421-270; to the Court of Appeal, Fourth Circuit, No. 2001-K-2271.

Denied.


text:
    LHO NEW ORLEANS LM, L.P. v. MHI LEASCO NEW ORLEANS, INC., et al.
    No. 2003-CC-1394.
    Supreme Court of Louisiana.
    June 6, 2003.
   In re LHO New Orleans LM, L.P.;— Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, Nos. 2002-515, 2002-534; to the Court of Appeal, Fourth Circuit, No. 2003-C-0896.

Denied.

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


author: LCLARENCE E. McMANUS, Judge.

text:
    Kenneth Wayne HUGHES v. Teresa Lynn TALTON.
    No. 03-CA-12.
    Court of Appeal of Louisiana, Fifth Circuit.
    April 29, 2003.
    Writ Granted June 27, 2003.

      Joel Levy, Marrero, LA, for plaintiff-appellee.
    Alan B. Tusa, Carol T. Richards, Tusa & Richards, Covington, LA, for defendant-appellant.
    Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS and CLARENCE E. McMANUS.
   LCLARENCE E. McMANUS, Judge.

Defendant appeals the lower court’s judgment regarding custody of the minor child, incidental matters, and the denial of a motion for new trial. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Kenneth Hughes, and defendant, Teresa Taitón, had a relationship in 2000 during which the couple’s son, Brandon, was conceived. The couple did not marry. The record demonstrates that the couple has had a contentious relationship with allegations of verbal and physical abuse and that Mr. Hughes pressured Ms. Taitón to have an abortion even offering her money to do so. Several months before giving birth, Ms. Taitón stayed with her family in Mobile, Alabama. She returned to Jefferson Parish to have Brandon at Ochsner Hospital pursuant to her insurance coverage. Mr. Hughes opted not to be present when his son was born on October 22, 2000. Two days after being released from the hospital, Ms. Taitón and Brandon returned to Alabama to live with her family. Mr. Hughes thereafter disputed paternity and requested DNA testing. At one point, Ms. Taitón moved to Jefferson Parish so that Mr. Hughes could be a part of Brandon’s life. This attempt proved to be futile and stressful with Ms. Taitón | ¡¡developing bleeding ulcers. In October 2001, Ms. Taitón and Brandon again returned to Mobile so that she could have familial support to rear her son.

In November 2001, she instituted child support proceedings in Alabama state court. The same month, Mr. Hughes filed this suit for custody in the Twenty-Fourth Judicial District. The trial judge signed an ex parte order granting temporary joint custody to Mr. Hughes based on his assertion that the child lived exclusively in Jefferson Parish since birth. Ms. Taitón argued this allegation was false and that she received no notice of this order. In December 2001, Mr. Hughes filed an affidavit stating that Ms. Taitón refused to return Brandon to Jefferson Parish. The trial judge signed a second ex parte order this time giving sole custody to Mr. Hughes. Ms. Taitón asserted she received no notice of this order as well. A civil warrant was issued for the pick up and return of Brandon to Mr. Hughes in Jefferson Parish. A curator was appointed to represent Ms. Taitón in her absence but was not served. Ms. Taitón claims she was not served under the long arm statute. Mr. Hughes presented the Louisiana court orders to an Alabama judge seeking full faith and credit. Ms. Taitón retained counsel and filed exceptions. Her exception argued that La. R.S. 9:355.1 et seq. is inapplicable because there was no custody order in existence at the time she moved to Alabama with Brandon and requested the revocation of the previously issued ex parte orders. The trial court denied the exception and Ms. Taitón did not apply for supervisory writs. The trial judge appointed James Klein, Ph.D. to evaluate the parties and complete a report. Ms. Taitón requested a second evaluation and report which was completed by Eugenia Patru, MSW.

This matter proceeded to trial. On June 11, 2001, the trial court issued its judgment. The trial judge in pertinent part found that La. R.S. 9:355.1 and its sub-parts were applicable to this case; that Ms. Taitón failed to comply with La. R.S. 9:355. et seq., by failing to notify Mr. Hughes of her plans to relocate to ^Alabama with Brandon; ordered the child be returned to Jefferson Parish; designated Ms. Taitón as the primary domiciliary parent should she decide to relocate to Jefferson Parish and if not, Mr. Hughes would become the domiciliary parent; awarded joint custody to the parties; and assessed Eugenia Patru’s costs to Ms. Tai-tón.

On June 18, 2001 the trial judge recused himself. Ms. Taitón believed a “relationship” existed between Mr. Hughes and Judge LaDart. Additionally, the trial judge recognized two of the witness and acknowledged that he “knew” Mr. Hughes. Ms. Taitón filed a motion for new trial. After a hearing, Judge Robert Burns denied the motion for new trial finding the judgment issued in this case was not contrary to the law and evidence.

This appeal followed.

DISCUSSION

RECUSAL AND MOTION FOR NEW TRIAL

Ms. Taitón argues that Judge LaDart erred in failing to disclose a prior relationship with Mr. Hughes. Additionally, she argues that Judge Burns erred in denying her motion for new trial after Judge LaDart recused himself of his own volition. She cites Younce v. Pac. Gulf Marine, Inc., 02-1343 (La.10/08/02), 827 So.2d 1144, in support. The alleged relationship in this case arises from Mr. Hughes’ previous position as the Director of Budget and Research for the Jefferson Parish Council and Judge LaDart’s previous employment with the Jefferson Parish Attorney’s office and as an administrative hearing officer for Jefferson Parish. In Younce, the relationship at issue involved concurrent representation of the trial judge (in an election dispute) and the plaintiff in that case by the same attorney. The trial judge did not disclose the relationship and even denied defendant’s motion to recuse. The Louisiana Supreme Court held that the trial judge had a mandatory duty to disclose this relationship to the parties and granted the motion to | Rrecuse. The Supreme Court remanded the case to the trial court for re-allotment to a different division and a new trial. We find Younce to be distinguishable from this case. Ms. Taitón did not file a motion to recuse the trial judge until after the judgment decreeing 50/50 custody had been rendered. Plaintiffs counsel alluded in open court to the existence of some kind of connection between Mr. Hughes and the trial judge. However, a connection was never actually established. The trial judge admitted he “knew” Mr. Hughes. Our assessment of the record demonstrates that the alleged relationship is not the type requiring mandatory disclosure or recusal under La. C.C.P. Art. 151. Apparently, the recusal came after Judge LaDart recognized two witnesses in court. The case was then randomly re-allotted. Thereafter, Ms. Taitón filed a motion for new trial. After a hearing on the motion for new trial, Judge Robert Burns denied the motion for new trial stating that the judgment was not contrary to the law and evidence. We agree that the motion for new trial was properly denied.

EX PARTE ORDERS OF THE TRIAL COURT

Turning to the assignment of error regarding the issuance of ex parte orders, we note that La. C.C.P. art. 963 provides:

If the order applied for by written motion is one to which mover is clearly entitled without supporting proof, the court may grant the order ex parte and without hearing the adverse party.
If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party.
The rule to show cause is a contradictory motion.

La. C.C.P. art. 3945 provides in pertinent part that:

A. The injunctive relief afforded either party to an action for divorce or other proceeding which includes a provision for the temporary custody of a minor child shall be governed by the additional provisions of this Article.
B. An ex parte order of temporary custody of a minor child shall not be granted unless:
|(i(l) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition.
(2) The applicant’s attorney certifies to the court, in writing, either:
(a) The efforts which have been made to give the adverse party reasonable notice of the date and time such order is being presented to the court.
(b) The reasons supporting Ms claim that notice should not be required.
C. An ex parte order of temporary custody shall:
(1) Expire by operation of law within fifteen days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding ten days.
(2) Provide specific provisions for temporary visitation by the adverse party of not less than forty-eight hours during the fifteen-day period, unless the verified petition or supporting affidavit clearly demonstrates that immediate and irreparable injury will result to the child as a result of such visitation.
(3) Be endorsed with the date on which the ex parte order is signed and the date and hour of the rule to show cause.
D. The rule to show cause why the respondent should not be awarded the custody, joint custody, or visitation of the child shall be assigned for hearing not more than fifteen days after signing of the ex parte order of temporary custody.
E. Any ex parte order not in compliance with the provisions of this Article is not enforceable, and is null and void.
F. In the event an ex parte order of temporary custody is denied, the court shall specifically allocate between the parents the time which the child shall spend with each parent, unless immediate and irreparable injury will result to the child.

The first ex parte order complained of was issued on November 16, 2001 following Mr. Hughes’ filing of a petition for custody. It essentially awarded joint custody to both parties, provided for the immediate return of the child to Jefferson Parish and set a rule to show cause for December 7, 2001. On December 7, 2001, Mr. Hughes filed a motion for ex parte custody. The trial judge signed an order the 17same day essentially granting temporary sole custody to Mr. Hughes pending further orders of the court. The record reflects that on December 21, 2001, the parties appeared in court. Ms. Taitón was represented by counsel and brought her minor son to court. The trial judge rescinded the December 7, 2001 order granting temporary sole custody to Mr. Hughes. While issuance of these orders may not have been proper, we note that the second order was rescinded leaving a joint custody arrangement in place. We find any error that may have occurred to be harmless in light of the facts and circumstances in this case.

NOTICE

Ms. Taitón contends she received improper service/notice of the petition for custody. The record reflects that Ms. Tal-ton’s attorney accepted service in open court. Thus, we decline to address this assignment of error.

RELOCATION

We agree with the trial judge that La. R.S. 9:355.1 et seq. applies to the facts of this case. In order to relocate a child, the parent seeking relocation must show that relocation is in the best interest of the child. Curole v. Curole, 02-1891 (La.10/15/02), 828 So.2d 1094. A trial court’s determination in a relocation matter is entitled to great weight and will not be overturned on appeal absent a clear showing of abuse of discretion. Id. Ms. Taitón argues that statute is impermissibly vague. We disagree. The child was born in Jefferson Parish and Ms. Taitón sought to permanently move the child to Alabama. We do not believe Ms. Taitón demonstrated that relocation is in the child’s best interest. Accordingly, we see no error in the trial court’s ruling.

CUSTODY DETERMINATION

The next issue is whether the trial court erred in awarding joint custody to both parties. Mr. Hughes sought joint custody while Ms. Taitón expressed her preference for sole custody. Two experts gave reports in this case, Alan James IsKlein, Ph.D., and Eugenia Patru, MSW. Dr. Klein observed that relocation to Alabama would not afford Mr. Hughes the ability to have a normal relationship with Brandon. He recommended Mr. Hughes should see Brandon three to four times a week and that a change in domiciliary status would be ordered should Ms. Taitón not be willing to return to Jefferson Parish. He felt Ms. Taitón was more resistant to co-parenting than was Mr. Hughes and recommended that a clinician monitor the co-parenting relationship and help them with any difficulties. He noted Ms. Talton’s fear of Mr. Hughes and described him as pushy, controlling, forceful and overbearing. However, Dr. Klein stated that Mr. Hughes appeared “exceptionally motivated to having a relationship with his son.” He opined that neither parties’ parenting abilities were impaired by any psychological problems. Dr. Klein observed Brandon was developmentally normal. His report was essentially neutral, not recommending one parent over the other.

Ms. Patru’s report was more detailed than Dr. Klein’s. She described Ms. Tai-tón as self-centered, manipulative and evasive. She recommended Brandon live in Louisiana with his father, that he be responsible for major decisions regarding Brandon and that Ms. Taitón have visitation on alternate weekends. She suggested arrangements for pick-up and drop-off of the child as previous exchanges between the parties proved volatile. She also made suggestions for ways in which the parties could better communicate with one another.

In this case the trial court was presented with competing expert testimony. Despite these differing opinions, it is well accepted that the trier of fact is charged with the determination of what credibility it assigns to expert witnesses and then to decide which expert among those testifying that it finds more credible. Lasyone v. Kansas City Southern R.R., 00-2628 (La.4/3/01), 786 So.2d 682. Credibility determinations, including the evaluation of and resolution of conflicts in expert testimony, are factual issues to be resolved by the trier of fact, which should not be | fldisturbed on appeal in the absence of manifest error. Id. We note that Ms. Pa-tru’s report seems less than complimentary to Ms. Taitón, recommending she not be the domiciliary parent. Yet, the trial court named her the domiciliary parent if she chose to live in Louisiana. After reviewing the entire record, including both expert reports, we find no manifest error in the trial court’s determination regarding the joint custody award as it does not seem to contravene the best interests of the child.

EXPERT WITNESS FEES

Ms. Taitón asserts that the trial court improperly assessed the expert witness fees of Eugenia Patru to her. She notes that the trial court advised Mr. Hughes’ attorney he would be responsible for those fees. The record reflects that Ms. Taitón requested a second evaluator in this case and that the trial court merely warned Mr. Hughes’ attorney to “be mindful of who you call as witnesses in your case in chief.” Moreover, the trial judge stated that he would rather address the issue of costs at a later date. La. R.S. 9:331(A) provides:

A. The court may order an evaluation of a party or the child in a custody or visitation proceeding for good cause shown. The evaluation shall be made by a mental health professional selected by the parties or by the court. The court may render judgment for costs of the evaluation, or any part thereof, against any party or parties, as it may consider equitable.

In light of the fact that Ms. Taitón requested this report, we see no error in the trial court’s ruling assessing her with the costs.

CONCLUSION

Based on the foregoing, the judgment of the trial court is affirmed.

AFFIRMED.