author: JOHNSON, Justice.

text:
    In re Justice of the Peace Jamie FREDERIC-BRAUD.
    No. 2007-0-1909.
    Supreme Court of Louisiana.
    Jan. 25, 2008.

      Office of Special Counsel, Steven Robert Scheckman, Special Counsel, Robert Edward McKnight, Jr., Assistant Special Counsel, for applicant.
    Brown, Sims, Charles Gavin Clayton, IV, New Orleans, for respondent.
    Nancy E. Rix, Romona Lois Jordan, Commission Counsel.
   JOHNSON, Justice.

_|_iThis matter comes before the Court on the recommendation of the Judiciary Commission of Louisiana (“Commission”), pursuant to LSA-Const. art. Y, § 25(C), that Justice of the Peace Jamie Frederic-Braud (“Justice of the Peace Braud”) of the Third Justice Court for the Parish of Ascension, State of Louisiana, be publicly censured, and ordered to reimburse the Commission’s costs incurred in the investigation and prosecution of this case. For the reasons that follow, we find Justice of the Peace Braud should be suspended without pay for fifteen days and ordered to reimburse and pay the Commission’s cost in the amount of $175.

FACTS AND PROCEDURAL HISTORY

Justice of the Peace Jamie Frederic-Braud was elected to serve in 1996, and assumed the office on January 1, 1997. She has served in this position continuously since then. She was reelected in 2002 to a term that expires on December 31, 2008.

On June 21, 2007, Justice of the Peace Braud and the Office of Special Counsel jointly filed a statement of stipulated uncontested material facts and conclusions of law.

Formal Charge 0277 — The Ziegler Matter

liA & M Heating v. Ziegler

The first formal charge against Justice of the Peace Braud arose from a complaint received on August 25, 2003 from Tamara Ziegler, the wife of Marvin Ziegler, a defendant in the lawsuit entitled A & M Heating v. Ziegler, No. C-0301-008-3. Justice of the Peace Braud personally served Mr. Ziegler with a citation on January 25, 2003, and entered a default judgment against Marvin Ziegler in the above pending matter on March 18, 2003. When A & M Heating later filed a Motion for Judgment Debtor Examination of Mr. Ziegler, Justice of the Peace Braud issued an order setting the examination for July 14, 2003. This date was subsequently continued at the request of Mr. Ziegler’s counsel of record, Attorney S. Stephen Spring, II (“Attorney Spring”). Justice of the Peace Braud granted the Motion to Continue in an undated order stating that “I will contact your office to let you know the [new] date.” After a discussion with Attorney Spring’s paralegal, Justice of the Peace Braud reset the judgment debtor examination to August 13, 2003. The Notice of the resetting was never served on Mr. Ziegler or his attorney by either registered or certified mail or by personal or domiciliary service, as required by LSA-C.C.P. arts. 1313-1314, but it was faxed to Attorney Spring.

Mr. Ziegler did not appear for the judgment debtor examination on August 13, 2003. As a result, Justice of the Peace Braud ordered Mr. Ziegler to show cause on August 19, 2003 why he should not be adjudged in contempt of court. The rule to show cause was served on Mr. Ziegler’s attorney on August 15, 2003. | SNotwithstanding the show cause order, on August 13, 2003, Justice of the Peace Braud signed a warrant for Mr. Ziegler’s arrest on the contempt charge. The constable and other law enforcement officials tried executing the arrest warrant, but Mr. Ziegler was not home at the time.

On August 14, 2003, Mr. Ziegler filed a motion seeking the recall of the arrest warrant. Justice of the Peace Braud informed Attorney Spring, by faxed correspondence on the morning of August 15, 2003, that her issuance of the arrest warrant was erroneous and that she was granting his motion. On the same day, Justice of the Peace Braud recalled the arrest warrant.

Gonzales Chevron v. Ziegler

Mr. Ziegler was a defendant in a second case pending in Justice of the Peace Braud’s court captioned Gonzales Chevron v. Ziegler, which was set for trial on August 13, 2003. The Notice of Trial was not properly served via registered or certified mail or by personal or domiciliary service, as required by LSA-C.C.P. arts. 1313— 1314. However, the Notice was faxed and/or mailed by ordinary U.S. mail to Attorney Spring.

Mr. Ziegler did not appear for trial. On August 13, 2003, Justice of the Peace Braud entered a default judgment against Mr. Ziegler and in favor of Gonzales Chevron in the amount of $3,000 plus interest and costs. Mr. Ziegler appealed the default judgment to the 23rd Judicial District Court for the Parish of Ascension.

Formal Charge 0278 — The Worthless Check Matter

On March 11, 2002, Murray Alexander submitted a Worthless Check Report listing NSF checks written by Pamela Des-latte to Murray’s Supermarket. Based on 14this report, Constable James E. LeBlanc (“the Constable”) generated seven “Notice of Returned Check” forms addressed to Ms. Deslatte. Justice of the Peace Braud authorized the Constable to use her signature stamp. In addition to the amount of the NSF check, each of the seven “Notice of Returned Check” forms imposed: (1) a “service charge fee” of $25, (2) a “certified letter fee” of $3.94, despite the fact that the seven notices were sent together in one envelope via ordinary mail, and (3) a “court costs fee” of $60, even though there was no case pending before the court, either criminal or civil, at the time the notices were sent. Ms. Deslatte was charged $622.58 in fees on worthless checks in the amount of $282.66, for a total of $905.24.

On April 7, 2004, Ms. Deslatte met with Justice of the Peace Braud and the Constable, and secretly recorded this meeting. During the meeting, the Constable announced that he had three warrants for Ms. Deslatte’s arrest stemming from her failure to pay approximately $450 that was then due on the NSF checks, and that she would go to jail if she did not pay that amount the same day.

The three warrants, prepared by the Constable, had not been signed by Justice of the Peace Braud; therefore, the warrants were not valid. At the time of the meeting, there was no criminal matter pending against Ms. Deslatte in respondent’s court. On April 7, 2004, Ms. Des-latte made a payment that cleared her of all the NSF checks with Constable Le-Blanc’s office.

On September 25, 2006, the Commission filed formal charges against Justice of the Peace Braud, alleging that she failed to follow the law with regard to the proper procedures for service of subpoenas, for finding a litigant in contempt and issuing an arrest warrant for contempt, and for the collection of worthless checks. In each 11^instance, the Commission alleged that the respondent’s conduct violated Canons 1 (a judge shall uphold the integrity and independence of the judiciary), 2A (a judge shall respect and comply with the law and act in a manner that promotes public confidence in the integrity and impartiality of the judiciary), and 3A(1) (a judge shall be faithful to the law and maintain professional competence in it) of the Code of Judicial Conduct. The Commission further alleged that the respondent engaged in willful misconduct relating to her official duty and engaged in persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, in violation of LSA-Const. art. V, § 25(C).

Based on the stipulated facts as set forth above, the Office of Special Counsel and Justice of the Peace Braud agreed that Justice of the Peace Braud violated the Code of Judicial Conduct and the Constitution as set out in the Formal Charges.

PROCEEDINGS BEFORE THE COMMISSION

hiOn July 20, 2007, the Commission conducted a brief hearing and accepted the stipulated facts and legal conclusions submitted by the parties. During the hearing, Justice of the Peace Braud introduced seven letters, attesting to her good character.

In response to the formal charges, Justice of the Peace Braud acknowledged and admitted the deficiencies in the practices and procedures she employed in conducting her court, but suggested that she had little formal training. She testified that other than having conversations with the previous justice of peace, and being instructed by Constable LeBlanc, who worked 12 years with the previous justice of peace, she received only a “stack of forms that was passed down ... from the Attorney General’s office.”

Regarding the Ziegler matter, Justice of the Peace Braud testified that she never intended for Ziegler to be arrested or incarcerated. She maintained that it was her intent to have Mr. Ziegler brought to her court and discuss the pending matters, as she had reason to believe Mr. Ziegler would be leaving town. She also testified that she was unaware of Constable Le-Blanc’s conduct.

When questioned about her system for tracking cases on her docket, Justice of the Peace Braud testified that she has now implemented a policy that will avoid any improper service issues.

Regarding the Deslatte matter, Justice of the Peace Braud testified that she followed the procedure for the collection of NSF checks utilized by the previous justice of the peace “until we found that everything was incorrect and made the changes we are enacting today.” When questioned about the actions she took in order to correct her practices and procedures relative to collection of NSF checks, Justice of the Peace Braud testified, “I began to investigate ... what was wrong and to correct the problem ... we [suspended collections of NSF checks] for ^approximately four to five weeks ... while the new procedure was being put in place.” She also testified that she developed new forms to be used in the collection of NSF checks in her court.

FINDINGS OF THE COMMISSION

Formal Charge 0277

The Commission found that Justice of the Peace Braud failed to give proper notice to Mr. Ziegler of judicial proceedings in her court (i.e., the judgment debtor examination in the A & M Heating case and the trial of the Gonzales Chevron case, both on August 13, 2003) in violation of procedural due process and, in particular, LSA-C.C.P. art. 1313; and then found Mr. Ziegler in contempt of court without having conducted a hearing, or having allowed Mr. Ziegler to be heard in his defense. Justice of the Peace Braud, without signing a judgment of contempt, then issued a warrant for Ziegler’s arrest based on the procedurally-deficient finding of contempt, in violation of LSA-C.C.P. art. 225. While the warrant was eventually recalled, and Mr. Ziegler was never arrested, it is likely that an arrest would have taken place had Mr. Ziegler actually been home when the police arrived to execute the warrant.

Formal Charge 0278

The Commission found that Justice of the Peace Braud faded to follow the law with regard to the proper procedures for collecting worthless checks. Justice of the Peace Braud was required to handle the worthless checks as a civil matter. She should have observed the procedural steps that apply in all civil matters-in particular, citation and service of process, as required by LSA-C.C.P. arts. 1201, 4919, and 4920, which would have given Ms. Deslatte formal notice of the claim and | san opportunity to respond. Instead, Justice of the Peace Braud allowed Constable LeBlanc to use her judicial authority (in the form of her signature stamp).

Justice of the Peace Braud also allowed the Constable to misrepresent to Ms. Des-latte during the April 7, 2004 meeting that her worthless checks were being handled as criminal matters. If Justice of the Peace Braud was indeed handling the worthless checks as criminal matters, then La. R.S. 13:2589(A)(1) prohibited her from charging the $60 fee that she collected as court costs on each of the worthless checks, and LSA-R.S. 14:71 limited the service charge to $15, rather than the $25 service charge that she collected on each of the worthless checks in civil cases. Justice of the Peace Braud permitted her judicial authority to be used in an extrajudicial manner, to collect worthless checks on behalf of local merchants. This misconduct was public in nature.

The Commission further found that Justice of the Peace Braud engaged in willful misconduct relating to her official duty and engaged in persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, all in violation of LSA-Const. art. V, § 25(C).

The Commission noted that Justice of the Peace Braud admitted to her wrongful acts and stipulated to the facts and conclusions of law regarding her behavior. At the hearing, the respondent expressed her regrets about these cases and stressed that she has corrected the offending behavior, which the Commission found | (¡credible.

The Commission also noted that Justice of the Peace Braud was not a new justice of the peace when the misconduct occurred, as she took office in 1997. She has had three closed complaints lodged against her. Justice of the Peace Braud’s misconduct did not appear to arise from a desire to satisfy her personal desires, but from a lack of knowledge of the law.

The Commission concluded that Justice of the Peace Braud’s actions were serious, but did not result in a loss of liberty, as in recent cases involving misconduct by justices of the peace, and thus did not warrant a recommendation of suspension. On the other hand, the Commission found that the prior complaints against the respondent militated against mere counseling or private admonition. Based on these considerations, the Commission recommended that Justice of the Peace Braud be publicly censured, and that she be ordered to reimburse and pay to the Commission $175.00 in court costs.

.DISCUSSION

Because Justice of the Peace Braud and the Office of Special Counsel have stipulated to the facts and to the violation of Canons 1, 2 A, 3A(1) and 3 A(l) of the Code of Judicial Conduct and LSA-Const. art. V, § 25(C), the sole remaining issue for this Court is the appropriate discipline for her actions.

In determining an appropriate sanction, this Court is mindful that the primary purpose of the Code of Judicial Conduct is to protect the public rather than discipline judges. In re Harris, 98-0570 (La.7/8/98), 713 So.2d 1138; In re: Marullo, 96-2222 (La.4/8/97), 692 So.2d 1019.

While we recognize Justice of the Peace Braud did not intentionally violate the Code of Judicial Conduct, it is clear that her actions or inactions (i.e., her failure to employ the proper procedures for collecting worthless checks; her allowance of the Constable to use her signature stamp in his attempts to misrepresent judicial authority; her failure to properly serve notice of hearing dates, and conduct hearings, before holding a party in contempt and issuing an arrest warrant) are absolutely prohibited by the Judicial Canons Code of Conduct.

According to In re: Wimbish, 98-2882, p. 5 (La.4/13/99), 733 So.2d 1183, 1187:

The canons were designed to promote a standard for judicial conduct that continuously reaffirms the integrity of the judiciary. Judges hold a unique position of administering justice. They symbolize the law, and, accordingly, their actions reflect favorably or unfavorably on the judicial system. For this reason, it is important that judges comply with the laws and rules governing their conduct in a manner which promotes public confidence.

In determining the appropriate sanction for a judge who is subject to a disciplinary action, this court has considered several non-exclusive factors. In re: Best, 98-0122 (La.10/20/98), 719 So.2d 432; In re: Chaisson, 549 So.2d 259 (La.1989). These factors are:

| Ti(a) whether the misconduct is an isolated instance or evidenced a pattern of conduct; (b) the nature, extent and frequency of occurrence of the acts of misconduct; (c) whether the misconduct occurred in or out of the courtroom; (d) whether the misconduct occurred in the judge’s official capacity or in his private life; (e) whether the judge has acknowledged or recognized that the acts occurred; (f) whether the judge has evidenced an effort to change or modify his conduct; (g) the length of service on the bench; (h) whether there have been pri- or complaints about this judge; (i) the effect the misconduct has upon the integrity of and respect for the judiciary; and (j) the extent to which the judge exploited his position to satisfy his personal desires.

In In re Crawford, 06-2385 (La. 11/9/06), 943 So.2d 331, this Court held that public censure was warranted for justice of the peace’s unauthorized practice of law where she prepared and notarized divorce pleadings in 16 separate cases. This Court found that her conduct did not arise from her from her official duties as a justice of the peace, personal gain was not the primary motivation for the conduct, and she modified her behavior as soon as it came to her attention that she had acted wrongfully-

In In re Broussard, 05-0475 (La.4/22/05), 900 So.2d 814, this Court held that public censure was the appropriate sanction for a non-lawyer justice of the peace’s unauthorized practice of law, which involved him preparing, notarizing and filing divorce pleadings in eight cases.

In In re Alfonso, 07-120 (La.5/22/07), 957 So.2d 121, this Court held that issuing an arrest warrant against a neighbor without probable cause and setting an excessive bond of $50,000, which resulted in him being arrested and incarcerated overnight, warranted a thirty-day suspension without pay. The Court noted that Justice of the Peace Alfonso’s misconduct was willful, not negligent, in that she acted despite her bias toward the defendant and her misconduct threatened the neighbor’s liberty as he was incarcerated overnight.

In In re Adams, 07-426 (La.6/29/07), 959 So.2d 474, this Court held that the issuing of the arrest warrant for political reasons and setting excessive bonds, which | ^resulted in two individuals being arrested and incarcerated for a day for a parade permit violation warranted the suspension of Justice of the Peace Adams for fifteen days without pay. This Court noted that “the misconduct occurred in the performance of his judicial duties and negatively impacted the public confidence in and respect for the judiciary.” Id. at p. 481.

Applying the factors delineated in Chaisson, supra, to the instant case, we agree with the stipulated facts and conclude that Justice of the Peace Braud failed to follow the law regarding: 1) service of process; 2) default judgments; and 3) collection of NSF checks. We note that the public could construe her actions as an abuse of power, with a resulting belief that anyone could be subjected to similar unlawful conduct by the justice of the peace. As a consequence, the respondent created a lack of confidence and respect for the judiciary as a whole. The misconduct at issue has the potential to- erode public confidence in the integrity of the judiciary. However, there is no evidence that Justice of the Peace Braud exploited her position for personal gain.

In addition to these factors, we find it significant that the Commission found Justice of the Peace Braud acted in good faith and was ignorant of the fact that her procedural methods were improper. Good faith is not an affirmative defense to a judicial disciplinary charge; however, it may be considered as a mitigating factor which militates in favor of a lesser sanction. Marullo, 96 2222 at p. 7, 692 So.2d at 1023; Chaisson, 549 So.2d at 267.

Considering all these facts coupled with the fact that Justice of the Peace Braud had three prior complaints, we find that she should be suspended without pay for fifteen days and ordered to pay costs of the proceedings.

|iaDECREE

For the reasons assigned, it is ordered that Justice of the Peace Jamie Frederic-Braud be suspended for fifteen days for violating Canons 1, 2 A, and 3 A(l) of the Code of Judicial Conduct, as well as the constitutional standard articulated in LSA-Const. art. V, § 25(C). It is further ordered that Justice of the Peace Jamie Frederic-Braud reimburse the Louisiana Judiciary Commission $175.00, which is the amount of costs incurred during the prosecution and investigation of this case.

      . LSA-C.C.P. art. 1313 provides, in pertinent part, that:
      C .... if a pleading or order sets a court date, then service shall be made by registered or certified mail or as provided in Article 1314.
      LSAC.C.P. art. 1314 provides, in pertinent part, that:
      A. A pleading which is required to be served, but which may not be served under Article 1313, shall be served by the sheriff by either the following:
      (1) Service on the adverse party....
      (2)(a) Personal service on the counsel of record....

      . The record is not clear as to whether the default judgment was rendered in the absence of relevant and competent evidence that established a prima facie case. See, LSA-C.C.P. art. 4921(B). In any event, the formal charge does not include that allegation.

      . In April 2004, Constable LeBlanc refunded to Ms. Deslatte the sum of $27.58, representing seven certified letter fees of $3.94 each.

      . CANON 1: A Judge Shall Uphold the Integrity and Independence of the Judiciary
      An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Code are to be construed and applied to further that objective. As a necessary corollary, the judge must be protected in the exercise of judicial independence.

      . CANON 2: A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All Activities
      A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary....

      .CANON 3: A Judge Shall Perform the Duties of Office Impartially and Diligently
      The judicial duties of a judge take precedence over all other activities. Judicial duties include all the duties of office prescribed by law. In the performance of these duties, the following standards apply: A. Adjudicative Responsibilities.
      (1) A judge shall be faithful to the law and maintain professional competence in it. A judge shall be unswayed by partisan interests, public clamor, or fear of criticism.

      . LSA-C.C.P. art. 225 provides, in pertinent part, that:
      A .... a person charged with committing a constructive contempt of court may be found guilty thereof and punished therefor only after the trial by the judge of a rule against him to show cause why he should not be adjudged guilty of contempt and punished accordingly.

      . LSA-C.C.P. Art. 1201 provides, in pertinent part, that:
      A. Citation and service thereof are essential in all civil actions.... Without them all proceedings are absolutely null.
      LSA-C.C.P. art. 4919 provides, in pertinent part, that:
      A. The citation must be signed by the justice of the peace....
      LSA-C.C.P. art. 4920 provides, in pertinent part, that:
      The defendant shall answer within ten days of the service of citation....

      . See, Supreme Court Rule XXIII, § 3(d), which provides that "Closed files of prior proceedings against a judge may be referred to by the Commission at any stage of the current proceedings.”

        Closed File # 1

      On October 1, 2001, Justice of the Peace Braud was issued a letter of caution by the Commission in File No. 00-2201, based upon a complaint that she was frequently absent from and unavailable at her court office, and that she appointed her father as "ad hoc judge” to perform notarial duties. The Commission pointed out to the respondent that she must conduct her duties within the requirements of law, and that she must remain available to members of the public who require justice of the peace services.

        Closed File #2

        On March 4, 2004, Justice of the Peace Braud was issued a letter of admonishment by the Commission in File No. 03-3404, based upon a complaint that she became personally involved in a dispute between the complainant and her ex-boyfriend, including storing some disputed property at her own house, and speaking intemperately to the complainant.

        Closed File # 3

      On August 5, 2004, Justice of the Peace Braud was issued a letter of caution by the Commission in File No. 04-3788, based upon a complaint that during the trial of a dispute between Ms. Kathy Breaux and the owners of a local garbage service, respondent told Ms. Breaux that she had known the defendants for many years, and because she did not know Ms. Breaux, she had the greater burden of persuading her with regard to her position in the suit. The Commission noted that Justice of the Peace Braud's comments suggested she was "not approaching the controversy neutrally and without bias.”


source: Caselaw Access Project

license: Public Domain

text:
    In re Robin A. NESBITT.
    No. 2008-B-0208.
    Supreme Court of Louisiana.
    Jan. 30, 2008.
   ORDER

Considering the Petition for Interim Suspension for Threat of Harm filed by the Office of Disciplinary Counsel,

IT IS ORDERED that respondent, Robin A. Nesbitt, Louisiana Bar Roll number 14261, be and he hereby is suspended from the practice of law on an interim basis pursuant to Supreme Court Rule XIX, § 19.2, pending further orders of this court. Pursuant to Supreme Court Rule XIX, § 26(E), this order is effective immediately.

/s/ Jeannette Theriot Knoll Justice, Supreme Court of Louisiana

CALOGERO, C.J., would request an opposition.

WEIMER, J., would request an opposition.


author: PER CURIAM.

text:
    In re John ROMBACH.
    No. 2007-0-2457.
    Supreme Court of Louisiana.
    Feb. 1, 2008.
   PER CURIAM.

|, Granted for the limited purpose of transferring this matter to the Court of Appeal, First Circuit.

On December 13, 2007, the Louisiana Board of Ethics made a decision to issue subpoenas to three Louisiana legislators (Relators). The decision to issue the subpoenas was made by the Board of Ethics as opposed to a decision of an administrative law judge or a subordinate presiding officer. Section C(3) of LSA-R.S. 13:3667.3 provides that a legislative member who opposes the issuance of a subpoena may apply directly to this court for exercise of its supervisory jurisdiction if the subpoena is issued by a subordinate presiding officer or an administrative law judge. The provision does not provide for such direct review by this court of a subpoena issued by an agency. As such, there is no statutory authority for Relators to apply directly to this court for supervisory writs. Thus, we decline to exercise supervisory jurisdiction.

This matter is transferred to the Court of Appeal, First Circuit, pursuant to LSA-R.S. 42:1142(A), which provides, in pertinent part, that “any preliminary, procedural, or intermediate action or ruling by the [Ethics] board or panel is subject |gto the supervisory jurisdiction of the appellate court as provided by Article V, Section 10 of the Constitution of Louisiana.”

KIMBALL, J., would grant and docket.

      . Section C(3) provides:
      (3) After the hearing, if the subordinate presiding officer or administrative law judge, as applicable, determines that the member's testimony is necessary to the proceeding and that the testimony is not privileged, he shall issue the subpoena or order. The member or the attorney general may apply directly to the Supreme Court of Louisiana for supervisory writs upon the subordinate presiding officer's or administrative law judge’s decision to hold a hearing or to issue a subpoena commanding the attend-anee of the member or other order compelling discovery.

      . Paragraph (A) of Article V, § 10 provides, in pertinent part, that “a court of appeal has ... supervisory jurisdiction over cases which arise within its circuit.” The Court of Appeal, First Circuit has jurisdiction over matters decided by the Board of Ethics. See LSA-R.S. 42:1142(A); Duplantis v. Louisiana Board of Ethics, 00-1750, 00-1956, pp. 14-15 (La.3/23/01), 782 So.2d 582, 591.


text:
    State in the Interest of W.W.
    No. 2007-CK-2450.
    Supreme Court of Louisiana.
    Dec. 28, 2007.
   In re W.W.;- — Defendant; Applying for Supervisory and/or Remedial Writs Orleans Parish Juvenile Court, No. 2007-220-04-DQ-C; to the Court of Appeal, Fourth Circuit, No. 2007-C-1564.

Writ denied.


text:
    STATE of Louisiana v. Kevin GASAWAY.
    No. 2007-KK-2456.
    Supreme Court of Louisiana.
    Jan. 3, 2008.
   In re Gasaway, Kevin; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 3817-05; to the Court of Appeal, Third Circuit, No. KW 07-01447.

Writ granted — the ruling of the trial court is vacated and the motion to recuse is remanded to the district court for hearing before another judge or a judge ad hoc as provided in La.C.Cr.P. art. 674 & 675.


text:
    In re Leonard CARDENAS, III.
    No. 2007-B-2389.
    Supreme Court of Louisiana.
    Jan. 3, 2008.
   In re Disciplinary Counsel; — Other; Applying for Petition For Interim Suspension Pursuant to Supreme Court Rule XIX, § 19.

Interim suspension denied.

KIMBALL, J., recused.

TRAYLOR, J., recused.


text:
    STATE ex rel. Darren WILLIAMS v. STATE of Louisiana.
    No. 2007-KH-2354.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Williams, Darren; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Magistrate Court, No. M-481-150;

Denied. The district court has scheduled a motions hearing for January 22, 2008.


text:
    Desiree GONZALEZ v. GOVERNMENT EMPLOYEE’S INS. CO.; State of Louisiana Department of Transportation and Development, City of New Orleans Through the New Orleans Public Belt Railroad Commission.
    No. 2007-CC-2249.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Public Belt Railroad Commission of the City of New Orleans; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 535-101; to the Court of Appeal, Fifth Circuit, No. 2007-C-785.

Denied.


text:
    Billy PILCHER v. WICKER CONSTRUCTION, INC. & Louisiana Workers’ Compensation Corporation.
    No. 2007-CC-2180.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Pilcher, Billy; — Plaintiff; Applying for Supervisory and/or Remedial Writs Office of Workers’ Compensation, 1st District West, No. 05-03266; to the Court of Appeal, Second Circuit, No. 42955-WCW. Denied.


text:
    Mae JONES, et al. v. BOURBON NITE-LIFE, LLC., et al.
    No. 2007-CC-2179.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Essex Insurance Company; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 05-205; to the Court of Appeal, Fourth Circuit, No. 2007-C-0538.

Denied.

TRAYLOR, J., would grant.

KNOLL, J., would grant.


text:
    Sharon BOXIE v. Dwight R. LEMOINE, M.D., et al.
    No. 2007-C-2168.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Boxie, Sharon; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. F, No. 2003-4045; to the Court of Appeal, Third Circuit, No. 07-905.

Denied.


text:
    STATE of Louisiana v. Jerome HAMPTON.
    No. 2007-KK-2166.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Hampton, Jerome; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. L, No. 465-263; to the Court of Appeal, Fourth Circuit, No. 2007-K-1100.

Denied.

CALOGERO, C.J., recused.


text:
    Chris ROTON v. VERNON E. FAULCONER, INC. Edith Renee’ Roton, Individually and as Natural Tutrix of Her Minor Son, Michael Lee Roton v. Vernon E. Faulconer, Inc. and Tommy D. Stewart Chris Roton v. T&R Stewart, Inc.
    No. 2007-C-2165.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Roton, Edith Renee’ et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lincoln, 3rd Judicial District Court Div. A, Nos. 49,145, 49,667, 49,794; to the Court of Appeal, Second Circuit, No(s). 42,452-CA, 42,453-CA, 42,-454-CA.

Denied.


text:
    SLIDELL APARTMENTS PARTNERS, L.P. and Slidell Apartments Partners II, L.P. v. TAMMANY HOLDING CORPORATION.
    No. 2007-OC-2162.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Tammany Holding Corp.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 2006-12058; to the Court of Appeal, First Circuit, No. 2007 CA 0501.

Denied.


text:
    STATE of Louisiana v. Roderick DANGERFIELD.
    No. 2007-KK-2161.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Dangerfield, Roderick; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. E, No. 109619; to the Court of Appeal, First Circuit, No. 2007 KW 1940.

Denied.


text:
    In re EDC CONTRACTOR INSURANCE LITIGATION.
    No. 2007-CC-2157.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re American Indemnity Company;— Other; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. F, No. 98-1984; to the Court of Appeal, Third Circuit, Note). CW 07-00958, CW 07-00706.

Denied.


text:
    In re EDC CONTRACTOR INSURANCE LITIGATION.
    No. 2007-CC-2156.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re American Fire and Indemnity Company; — Other; Applying for Supervisory and/or Remedial Writs, Parish of Cal-casieu, 14th Judicial District Court Div. F, No. 98-1984; to the Court of Appeal, Third Circuit, Note). CW 07-00956, CW 07-00705.

Denied.


text:
    D’Ryan GREEN, et al. v. PAT’S OF HENDERSON SEAFOOD & STEAKS.
    No. 2007-CC-2154.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Underwriters at Lloyd’s London; — Other; Applying for Supervisory and/or Remedial Writs, Parish of Calca-sieu, 14th Judicial District Court Div. H, No. 2005-5663; to the Court of Appeal, Third Circuit, No. CW 07-00880.

Denied.

VICTORY, J., would grant.

TRAYLOR, J., would grant.

KNOLL, J., would grant.


text:
    Curtis RANDALL v. CONCORDIA NURSING HOME d/b/a Camelot Leisure Living.
    No. 2007-C-2153.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Concordia Nursing Home Inc. d/b/a; Camelot Leisure Living; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Concordia, 7th Judicial District Court Div. B, No. 39,528; to the Court of Appeal, Third Circuit, No. CA 07-101.

Denied.

CALOGERO, C.J., would grant.

VICTORY, J., would grant.


text:
    Ryan S. MONTEGUT v. WILKERSON MANAGEMENT, INC.
    No. 2007-C-2152.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Montegut, Ryan S.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. G, No. 2000-2017; to the Court of Appeal, Third Circuit, No. 07-208.

Denied.


text:
    Chris ROTON v. VERNON E. FAULCONER, INC. Edith Renee’ Roton Individually and as Natural Tutrix of Her Minor Son, Michael Lee Roton v. Vernon E. Faulconer, Inc. and Tommy D. Stewart Chris Roton v. T&R Stewart, Inc.
    No. 2007-C-2151.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Roton, Chris; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lincoln, 3rd Judicial District Court Div. A, Nos. 49,145, 49,667, 49,794; to the Court of Appeal, Second Circuit, No(s). 42,452-CA, 42,453-CA, 42,454-CA.

Denied.


text:
    COULEE KINNEY DRAINAGE DISTRICT v. Pierre W. BROUSSARD.
    No. 2007-C-2150.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Broussard, Pierre W.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. J, No. 81362; to the Court of Appeal, Third Circuit, No. 07-175.

Denied.


text:
    Elizabeth Lassiter BAINS v. The YOUNG MEN’S CHRISTIAN ASSOCIATION OF GREATER NEW ORLEANS, Louisiana.
    No. 2007-C-2146.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Young Men s Christian Association of Greater New Orleans, Louisiana; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 2005-11529; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1423.

Denied.

CALOGERO, C.J., would grant.

VICTORY, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Lance ELLIS.
    No. 2007-KK-2144.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ellis, Lance; — -Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. L, No. 442-966; to the Court of Appeal, Fourth Circuit, No. 2007-K-0780.

Denied.


text:
    STATE of Louisiana v. Scott WINGATE.
    No. 2007-KK-2141.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Wingate, Scott; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. G, Nos. 21069, 21070, 21068; to the Court of Appeal, First Circuit, No. 2007 KW 1650.

Denied.


text:
    James C. BROWN, IV v. ZURICH AMERICAN INSURANCE COMPANY, et al.
    No. 2007-C-2139.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Abell Corporation; Zurich American Insurance Co. et al.; Ouachita Fertilizer Co. Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. D, No. 220-425; to the Court of Appeal, Third Circuit, No. 07-353.

Denied.

TRAYLOR, J., would grant.


text:
    Nyle A. POLITZ v. Alice Catherine Bordelon POLITZ.
    No. 2007-C-2137.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Politz, Alice Catherine Bordelon;— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 470,473; to the Court of Appeal, First Circuit, No. 2005 CA 2568.

Denied.


text:
    Kelda PRICE v. KIDS WORLD, et al.
    No. 2007-CC-2127.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Price, Kelda; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 545,264; to the Court of Appeal, First Circuit, No. 2007 CW 1326.

Denied.


text:
    WAXLER TRANSPORTATION CO., INC., et al. v. TRINITY MARINE PRODUCTS, INC., et al.
    No. 2007-CC-2125.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Valspar Corporation; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 49,741; to the Court of Appeal, Fourth Circuit, No. 2007-C-0892.

Denied.


text:
    WACHOVIA BANK, N.A. as Trustee, Pooling and Servicing Agreement Dated as of November 1, 2004, Asset Backed Pass-Through Certificates Series 2004-WWFI v. Kenneth COLLINS.
    No. 2007-CC-2123.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Collins, Kenneth; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 543,473; to the Court of Appeal, First Circuit, No. 2007 CW 1623.

Denied.


text:
    Pamela Jane Williams MISHLOVE v. Lawrence Alan MISHLOVE.
    No. 2007-C-2118.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Mishlove, Lawrence Alan; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. H, No. 2003-5777-H2; to the Court of Appeal, Third Circuit, No. 07-0495.

Denied.


text:
    U.S. Trustee, John Clifton CONINE for the ESTATE OF Dennis ADDIE v. UNIVERSAL OIL PRODUCTS COMPANY.
    No. 2007-C-2114.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Conine, John Clifton; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 504,498; to the Court of Appeal, Second Circuit, No. 42,409-CA.

Denied.


text:
    THINKSTREAM, INC. and Barry Bellue v. Michael H. RUBIN, Deborah D. Harkins, Emily B. Grey and McGlinchey Stafford, PLLC.
    No. 2007-C-2113.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Bellue, Barry; Thinkstream, Inc. et al.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 533,139; to the Court of Appeal, First Circuit, No. 2006 CA 1595.

Denied.

KIMBALL, J., recused.


text:
    Milbern James PARKER v. LIBERTY MUTUAL INSURANCE COMPANY, et al.
    No. 2007-CC-2051.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Lone Star Industries, Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. D, No. 85199; to the Court of Appeal, First Circuit, No. 2007 CW 0872.

Denied.

VICTORY, J., would grant.

TRAYLOR, J., would grant.

WEIMER, J., would grant.


text:
    Elizabeth B. Kilroy KINNEY v. Randy J. BOURGEOIS In the Matter of the Succession of Elizabeth B. Kilroy a/k/a Elizabeth Benette Kinney.
    No. 2007-C-2026.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Williams, Sonya Lewis et al.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, Nos. 522835, 524105, 81,141, 81,281; to the Court of Appeal, First Circuit, No(s). 2006 CA 2384, 2006 CA 2385.

Denied.


text:
    STATE ex rel. Morris D. MCFARLAND v. STATE of Louisiana.
    No. 2007-KO-1463.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re McFarland, Morris D.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 04-5428; to the Court of Appeal, Fifth Circuit, No. 07-KA-26.

Denied.


text:
    STATE of Louisiana v. Ronald G. JENNINGS.
    No. 2007-KO-1460.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Jennings, Ronald G.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 14,260-05; to the Court of Appeal, Third Circuit, No. 07-150.

Denied.


text:
    STATE of Louisiana v. Milton MOSBY.
    No. 2007-KO-1457.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Mosby, Milton; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. F, No. 135,292; to the Court of Appeal, Second Circuit, No. KH 07-42519.

Denied.


text:
    STATE of Louisiana v. Luther D. MCFARLAND.
    No. 2007-KO-1448.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re McFarland, Luther D.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 04-5428; to the Court of Appeal, Fifth Circuit, No. 06-KA-970.

Denied.


text:
    STATE of Louisiana v. Donald D. RAGAS.
    No. 2007KO-1440.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ragas, Donald D.; — Defendant; Applying for Writ of Certidrari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 03-7911; to the Court of Appeal, Fifth Circuit, No. 07-KA-3.

Denied.


text:
    STATE of Louisiana v. Abron J. MICKEL.
    No. 2007-KO-1422.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Mickel, Abron J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, No. 03-5247; to the Court of Appeal, Fifth Circuit, No. 07-KA-47.

Denied.


text:
    STATE of Louisiana v. Thomas H. CRITTON.
    No. 2007-KO-1421.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Critton, Thomas H.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. E, No. 243,196; to the Court of Appeal, Second Circuit, No. 42,053-KA.

Denied.


text:
    STATE of Louisiana v. Juan J. PARNELL.
    No. 2007-KO-1417.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Parnell, Juan J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 04-6568; to the Court of Appeal, Fifth Circuit, No. 07-KA-37.

Denied.


text:
    STATE of Louisiana v. Willie FORD.
    No. 2007-KO-1377.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ford, Willie; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. F, No. 130,476; to the Court of Appeal, Second Circuit, No. 41,949-KA.

Denied.


text:
    STATE of Louisiana v. Javardes J. BRAZILE.
    No. 2007-K-1339.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Brazile, Javardes J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. E, No. 446-707; to the Court of Appeal, Fourth Circuit, No. 2006-KA-1611.

Denied.


text:
    STATE of Louisiana v. Dale ORDENEAUX.
    No. 2007-K-1321.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ordeneaux, Dale; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ascension, 23rd Judicial District Court Div. E, No. 17,961; to the Court of Appeal, First Circuit, No. 2007 KA 0088.

Denied.


text:
    STATE of Louisiana v. Rodney Jermaine WATTS.
    No. 2007-K-1309.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Watts, Rodney Jermaine; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 370023; to the Court of Appeal, First Circuit, No. 2007 KA 0013.

Denied.


text:
    Althea WASHINGTON (Surviving Spouse), Wayne Washington, Bertrand Washington III and Sylvia W. Cobbs, Individually and on Behalf of the Estate of Bertrand Washington, Jr. v. CHATEAU LIVING CENTER, L.L.C. d/b/a Chateau Living Center.
    No. 2007-CC-1205.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Chateau Living Center L.L.C. d/b/a; Chateau Living Center; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 635-583; to the Court of Appeal, Fifth Circuit, No. 07-C-258.

Denied.

TRAYLOR, J., recused.

KNOLL, J., would grant.

WEIMER, J., would grant.


text:
    STATE ex rel. Gerald J. DATRICE v. STATE of Louisiana.
    No. 2007-KH-0779.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Datrice, Gerald; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 95-K-3175-B; to the Court of Appeal, Third Circuit, No. KH 07-00037.

Denied.


text:
    STATE ex rel. Donald STELLY v. STATE of Louisiana.
    No. 2007-KH-0778.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Stelly, Donald; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. B, No. 68622-A; to the Court of Appeal, Third Circuit, No. CW 07-00177.

Denied.


text:
    STATE ex rel. Frederick BARROW v. STATE of Louisiana.
    No. 2007-KH-0775.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Barrow, Frederick K.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. B, No. 98-148,742; to the Court of Appeal, First Circuit, No. 2006 KW 2525.

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. James FLOWERS v. STATE of Louisiana.
    No. 2007-KH-0768.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Flowers, James; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. B, No. 03-CR-1099; to the Court of Appeal, First Circuit, No. 2006 KW 2518.

Denied.


text:
    STATE ex rel. Lee Andrew CARROLL v. STATE of Louisiana.
    No. 2007-KH-0770.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Carroll, Lee Andrew; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tensas, 6th Judicial District Court Div. A, No. 25,761.

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. James ORMOND v. STATE of Louisiana.
    No. 2007-KH-0771.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ormond, James; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 99-3292; to the Court of Appeal, Fifth Circuit, No. 07-KH-155.

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. Rickey LAPRIME v. STATE of Louisiana.
    No. 2007-KH-0767.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Laprime, Rickey; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 390901; to the Court of Appeal, First Circuit, No. 2006 KW 2484.

Denied.


text:
    STATE ex rel. Warren E. JOSEPH, Jr. v. STATE of Louisiana.
    No. 2007-KH-0766.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Joseph, Warren E. Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. C, No. 248207; to the Court of Appeal, First Circuit, No. 2007 KW 0245.

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.

WEIMER, J., recused.


text:
    STATE ex rel. Kenneth E. STUCKEY v. STATE of Louisiana.
    No. 2007-KH-0765.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Stuckey, Kenneth E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 11449-92; to the Court of Appeal, Third Circuit, No. KH 07-00289.

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. Kiley HALL v. STATE of Louisiana.
    No. 2007-KH-0760.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Hall, Kiley; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 89-2116; to the Court of Appeal, Fifth Circuit, No. 07-KH-159.

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


text:
    STATE ex rel. Roy M. MCLAUGHLIN, Jr. v. STATE of Louisiana.
    No. 2007-KH-0759.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re McLaughlin, Roy M. Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 07-99-862; to the Court of Appeal, First Circuit, No. 2007 KW 0092.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Francis ZACHERY v. STATE of Louisiana.
    No. 2007-KH-0758.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Zachery, Francis; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 33,699.

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 G. DORSEY v. STATE of Louisiana.
    No. 2007-KH-0757.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Dorsey, Michael G.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 348109; to the Court of Appeal, First Circuit, No. 2007 KW 0111.

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. Whitney BATISTE v. STATE of Louisiana.
    No. 2007-KH-0702.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Batiste, Whitney; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 93-424; to the Court of Appeal, Third Circuit, No. KH 07-00133.

Denied. Relator is directed to refile his application in the court of appeal consistent with U.R.C.A. Rule 4-2.


text:
    STATE ex rel. Alvin MEAD v. STATE of Louisiana.
    No. 2007-KH-0698.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Mead, Alvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 395-920; to the Court of Appeal, Fourth Circuit, No. 2007-K-0066.

Denied.


text:
    STATE ex rel. Terry L. DORSEY v. STATE of Louisiana.
    No. 2007-KH-0694.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Dorsey, Terry L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, No. 03-F0454; to the Court of Appeal, Second Circuit, No. 42,-262-KH.

Denied.


text:
    STATE ex rel. Roland A. AUTHEMENT, Jr. v. STATE of Louisiana.
    No. 2007-KH-0687.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Authement, Roland A. Jr.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Beauregard, 36th Judicial District Court Div. B, No. CR-305-05; to the Court of Appeal, Third Circuit, No. 06-1182.

Denied.


text:
    STATE ex rel. Alvin D. WILLIAMS v. STATE of Louisiana.
    No. 2007-KH-0682.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Williams, Alvin D.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Grant, 35th Judicial District Court Div. 0, No. 02-257; to the Court of Appeal, Third Circuit, No. KH-06-01574.

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:
    Gloria SCOTT and Deania M. Jackson, on Behalf of Themselves and All Other Persons Similarly Situated. v. The AMERICAN TOBACCO COMPANY, INC.; American Brands, Inc.; R.J. Reynolds Tobacco Company; RJR Nabisco, Inc.; Brown & Williamson Tobacco Corporation; Batus, Inc.; Batus Holdings, Inc.; Philip Morris, Inc.; Philip Morris Companies, Inc.; et al.
    No. 2007-C-0662.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Brown & Williamson Holdings, Inc.; American Tobacco Co. Inc. et al.; Philip Morris USA Inc.; R.J. Reynolds Tobacco Company; Lorillard Tobacco Company; Tobacco Institute Inc.; Brown & Williamson Tobacco Corporation n/k/a Brown & Williamson Holdings, Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 96-8461; to the Court of Appeal, Fourth Circuit, No. 2004-CA-2095.

Denied.

TRAYLOR, J., recused.


text:
    Gloria SCOTT and Deania M. Jackson, on Behalf of Themselves and All Other Persons Similarly Situated. v. The AMERICAN TOBACCO COMPANY, INC.; American Brands, Inc.; R.J. Reynolds Tobacco Company; RJR Nabisco, Inc.; Brown & Williamson Tobacco Corporation; Batus, Inc.; Batus Holdings, Inc.; Philip Morris, Inc.; Philip Morris Companies, Inc.; et al.
    No. 2007-C-0654.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Jackson, Deania; Scott, Gloria et al.; — Plaintiff(s); Applying for Writ of Cer-tiorari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 96-8461; to the Court of Appeal, Fourth Circuit, No. 2004-CA-2095.

Denied.

TRAYLOR, J., recused.


text:
    STATE of Louisiana v. Kenneth REED.
    No. 2007-KP-0640.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 2-92-1227; to the Court of Appeal, First Circuit, No. 2007 KW 0053.

Denied.


text:
    STATE ex rel. Leroy L. SIMIEN v. STATE of Louisiana.
    No. 2007-KH-0596.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Simien, Leroy L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 02-K-0612-B; to the Court of Appeal, Third Circuit, No. 06-841.

Denied.


text:
    Gary A. ASHLEY v. Burl N. CAIN, et al.
    No. 2007-CI-0264.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Ashley, Gary A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 512,811; to the Court of Appeal, First Circuit, No. 2004 CW 2156.

Denied.


text:
    STATE ex rel. Samuel Lee HAMILTON, Jr. v. STATE of Louisiana.
    No. 2007-KH-0048.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Hamilton, Samuel Lee; — Defendants); Applying for Reconsideration of this Court’s order dated October 12, 2007; Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 9-88-0898; to the Court of Appeal, First Circuit, No. 2006-KW-1999.

Reconsideration denied.

WEIMER, J., recused.


text:
    In re EDC CONTRACTOR INSURANCE LITIGATION.
    No. 2007-CC-2121.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re S & B Engineers & Constructors, LTD; — Other; Applying for Supervisory and/or Remedial Writs, Parish of Calca-sieu, 14th Judicial District Court Div. F, No. 98-1984; to the Court of Appeal, Third Circuit, No. CW 07-00967.

Writ application withdrawn.


text:
    Willie L. LOLLIS, Jr. v. SHAW GLOBAL ENERGY SERVICES.
    No. 2007-C-2169.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Shaw Global Energy Services;— Defendant; Applying for Writ of Certiora-ri and/or Review Office of Workers’ Compensation District 04, No. 05-03229; to the Court of Appeal, Third Circuit, No. 07-395.

Not considered. Not timely filed.


text:
    Elaine SMITH v. TOWN OF OLLA.
    No. 2007-C-2148.
    Supreme Court of Louisiana.
    Jan. 7, 2008.
   In re Olla, Town of; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lasalle, Office of Workers’ Comp. Dist. IE, No. 04-03927; to the Court of Appeal, Third Circuit, No. 07-384.

Writ not considered, not timely filed. Supreme Court Rule X, Section 5.


text:
    Jerome Milton SHORT and Gurvis Porter, et al. v. ANDREWS TRANSPORTATION COMPANY and Nobel Insurance Company, et al.
    No. 2008-CC-0098.
    Supreme Court of Louisiana.
    Jan. 16, 2008.
   In re TMI Enterprises Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, Nos. 73,341, 74,429; to the Court of Appeal, First Circuit, No. 2007 CW 2541.

Denied.


text:
    Jerome Milton SHORT and Gurvis Porter, et al. v. ANDREWS TRANSPORTATION COMPANY and Nobel Insurance Company, et al.
    No. 2008-CC-0126.
    Supreme Court of Louisiana.
    Jan. 16, 2008.
   In re Andrews Transportation Company et al.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, Nos. 73,341, 74,429; to the Court of Appeal, First Circuit, No. 2007 CW 2541.

Denied.


text:
    STATE of Louisiana v. Anthony BELL.
    No. 2008-KD-0139.
    Supreme Court of Louisiana.
    Jan. 17, 2008.
   Denied.


text:
    STATE of Louisiana v. Kendrich THOMAS.
    No. 2008-KK-0181.
    Supreme Court of Louisiana.
    Jan. 23, 2008.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, Nos. 462-420, 462-419; to the Court of Appeal, Fourth Circuit, No. 2008-K-0085.

The ruling of the Court of Appeal is reversed and the trial court’s denial of defendant’s Motion for Continuance is reinstated.


text:
    Andre’ J. DENOUX, Kurt Labeaud, Theron J. Washington, David Dickerson, Robert P. Williams, Jr., Richard W. Blackman, Christopher R. Booker, Horace Blanks, III, Derrick A. Matthews, Robert Taylor, Christopher G. Haines and Lorenzo N. Morgan v. VESSEL MANAGEMENT SERVICES, INC., Belle of Orleans, LLC, Bally’s Louisiana, Inc., d/b/a Bally’s Casino Lakeshore Resort, Inc. and Patrick M. Browning.
    No. 2007-C-2143.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Denoux, Andre’ J. et al.; Washington, Theron J.; Williams, Robert P. Jr.; Booker, Christopher R.; Labeaud, Kurt; Matthews, Derrick A.; Haines, Christopher G.; Forriest, Lindy; Fuentes, Luis; Dickerson, David; Blackman, Richard W.; Blanks, Horace III; Taylor, Robert; Morgan, Lorenzo N.; Tabb, Maurice C.; Martin, Don; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. E, No. 2001-18955; to the Court of Appeal, Fourth Circuit, No. 2007-CA-0163.

Granted.


text:
    RATHBORNE PROPERTIES, L.L.C., et al. v. EXXON MOBIL CORP., et al.
    No. 2007-CC-2149.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re American International Specialty Lines Insurance Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. N, No. 2001-12081; to the Court of Appeal, Fourth Circuit, No. 2007-C-1205.

Granted.


text:
    Tara Labove HEBERT, et al. v. Scotty L. WEBRE, et al. Fletcher Gabriel Lalande, et ux. v. Scotty L. Webre, et al.
    No. 2008-CC-0060.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re State Farm Mutual Auto Ins. Co.; — Other; Applying for Supervisory and/or Remedial Writs, Parish of Cameron, 38th Judicial District Court Div. 0, Nos. 10-17160, 10-17163; to the Court of Appeal, Third Circuit, No. CA 07-95.

Granted.


text:
    STATE of Louisiana v. Henrietta WILLIAMS.
    No. 2007-K-1111.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Williams, Henrietta; — Defendants); Applying for Rehearing of this Courts order dated December 7, 2007; Parish of Concordia, 7th Judicial District Court Div. B, No. 06-021MH; to the Court of Appeal, Third Circuit, No. 06-1247.

Rehearing denied.

CALOGERO, C. J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Elliot JOSEPH.
    No. 2007-KO-0273.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Joseph, Elliot; — Defendant(s); Applying for Reconsideration of this Courts action dated October 5, 2007; Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 03-01-0202; to the Court of Appeal, First Circuit, No. 2005 KA 2169.

Reconsideration denied.


text:
    STATE ex rel. David Lee LIGHTSEY, Jr. v. STATE of Louisiana.
    No. 2007-KH-0427.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Lightsey, David Lee Jr.; — Defendants); Applying for Reconsideration of this Court’s order dated November 16, 2007 Parish of St. Mary, 16th Judicial District Court Div. F, Nos. 98-149, 06-170870, 98-940; to the Court of Appeal, First Circuit, No. 2006 KW 1934.

Reconsideration denied.

WEIMER, J., recused.


text:
    STATE ex rel. Bernis T. BROWN v. STATE of Louisiana.
    No. 2007-KH-0431.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Bernis T. Brown; — Plaintiff; Applying for Reconsideration of this Court’s action dated November 16, 2007, Parish of Jefferson, 24th Judicial District Court, Div. M, No. 90-3893; to the Court of Appeal, Fifth Circuit No. 04-KH-1430.

Reconsideration denied.


text:
    STATE ex rel. Tommy BORDELON v. STATE of Louisiana.
    No. 2007-KH-0626.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Bordelon, Tommy; — Plaintiff; Applying for Reconsideration of this Court’s Action dated December 7, 2007; Parish of Avoyelles, 12th Judicial District Court, Div. B, No. 117,139; to the Court of Appeal, Third Circuit, No. KH 06-01512.

Reconsideration denied.

KNOLL, J., recused.


text:
    STATE ex rel. Ronnie K. HONGO v. STATE of Louisiana.
    No. 2006-KH-1933.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Hongo, Ronnie K; — Plaintiff; Applying for Reconsideration of this Court’s action dated August 15, 2007; Parish of Sabine, 11th Judicial District Court Div. C, No. 57538; to the Court of Appeal, Third Circuit, No. KA-05-286.

Reconsideration denied.


text:
    John MAIURANO v. CARRIER-STUMM, INC.
    No. 2007-C-2267.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Maiurano, John; — Plaintiff; Applying for Writ of Certiorari and/or Review The Office of Workers’ Compensation District Eight, No. 04-8561; to the Court of Appeal, Fourth Circuit, No. 2007-CA-0225.

Not considered; not timely filed. S.Ct. Rule X, section 5(a).


text:
    DIRECTIONS OF LOUISIANA v. STATE of Louisiana, Through the DIVISION OF ADMINISTRATION, DEPARTMENT OF HEALTH AND HOSPITALS, MEDICAL RESOURCES AND GUIDANCE, and Easter Seal Society of Louisiana for Children and Adults with Disabilities, Inc.
    No. 2007-CC-2281.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Louisiana State of et al.; Administration Division of; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 550,374; to the Court of Appeal, First Circuit, No. 2007 CW 0589.

Not considered. Not timely filed.


text:
    STATE of Louisiana v. Jack EDWARDS Jr.
    No. 2007-KP-0741.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Edwards, Jack Jr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 230,056; to the Court of Appeal, Second Circuit, No. 42366-KW.

Denied.


text:
    STATE ex rel. Kathleen JENNINGS v. STATE of Louisiana.
    No. 2007-KH-0807.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re State of ex rel. Kathleen Jennings; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of More-house, 4th Judicial District Court Div. C, No. 1-1265F; to the Court of Appeal, Second Circuit, No. 43250-KH.

Denied.


text:
    STATE ex rel. Wallace J. BREAUX v. STATE of Louisiana.
    No. 2007-KH-0808.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Breaux, Wallace J.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. P, No. 2639-93; to the Court of Appeal, Third Circuit, No. CW 06-01573.

Denied. Relator must first address his request to the records’ custodians. R.S. 44:31; State ex rel. Shelton v. State, 00-1901 (La.9/14/01), 796 So.2d 672; State ex rel. McKnight v. State, 98-2258 (La.App. 1st Cir.12/3/98), 742 So.2d 894.


text:
    STATE ex rel. Steven Russell SEDLOCK v. STATE of Louisiana.
    No. 2007-KH-0810.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Sedlock, Steven Russell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Cameron, 38th Judicial District Court Div. 0, Nos. 111,122, 111,123; to the Court of Appeal, Third Circuit, No. KH-06-01474.

Denied.


text:
    STATE ex rel. Darryl PARKER v. STATE of Louisiana.
    No. 2007-KH-0815.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Parker, Darryl; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. O, No. 99-7171; to the Court of Appeal, Fifth Circuit, No. 07-KH-208.

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; 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. Stanley WASHINGTON v. STATE of Louisiana.
    No. 2007-KH-0816.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Washington, Stanley; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Madison, 6th Judicial District Court Div. B, No. 93,166; to the Court of Appeal, Second Circuit, No. 42379-KH.

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:
    Michael E. DIROSA v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.
    No. 2007-KH-0866.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re DiRosa, Michael E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. F152159, F1523230, F1678532; to the Court of Appeal, Fifth Circuit, No. 07-KH-154.

Denied.


text:
    STATE ex rel. Mark Q. TAYLOR v. STATE of Louisiana.
    No. 2007-KH-0871.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Taylor, Mark Q.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 96-0724; to the Court of Appeal, Fifth Circuit, No. 07-KH-0216.

Denied.


text:
    STATE ex rel. Albert Joe GREEN v. STATE of Louisiana.
    No. 2007-KH-0877.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Green, Albert Joe; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. B, No. 276149; to the Court of Appeal, Third Circuit, No. KH 06-01383.

Denied.


text:
    STATE ex rel. Marvin JACKSON v. STATE of Louisiana.
    No. 2007-KH-0889.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Jackson, Marvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 99-3339; to the Court of Appeal, Fifth Circuit, No. 07-KH-193.

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; 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. Joseph CARMOUCHE v. STATE of Louisiana.
    No. 2007-KH-0890.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Carmouche, Joseph; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. D, Nos. 54122, 54123, 54124; to the Court of Appeal, Third Circuit, No. KH 06-00388.

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


text:
    STATE ex rel. John WILLIAMS v. STATE of Louisiana.
    No. 2007-KH-0891.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Williams, John; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 01-0487; to the Court of Appeal, Fifth Circuit, No. 06-KH-414:

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. William J. BATISTE v. STATE of Louisiana.
    No. 2007-KH-0892.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Batiste, William J.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 03-6171; to the Court of Appeal, Fifth Circuit, No. 06-KA-824.

Denied.


text:
    STATE ex rel. Rudolph WILLIAMS v. STATE of Louisiana.
    No. 2007-KH-0894.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Williams, Rudolph; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. B, No. 98-K-3722; to the Court of Appeal, Third Circuit, No. KH 06-01598.

Denied.


text:
    STATE ex rel. James BRIDGEWATER v. STATE of Louisiana.
    No. 2007-KH-0895.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Bridgewater, James; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 91-4947; to the Court of Appeal, Fifth Circuit, No. 07-KH-192.

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:
    v. STATE of Louisiana.
    No. 2007-KH-0897.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Adger, Marvin T.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. D, No. 81,146; to the Court of Appeal, Second Circuit, No. 42,-289-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. Victor C. SELLERS v. STATE of Louisiana.
    No. 2007-KH-0920.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Sellers, Victor C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. E, No. 00-F-0116; to the Court of Appeal, Second Circuit, No. 42431-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 of Louisiana v. Derrick Deon MOORE.
    No. 2007-KO-1505.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Moore, Derrick Deon; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 09-04-0289; to the Court of Appeal, First Circuit, No. 2006 KA 0934.

Denied.


text:
    STATE of Louisiana v. Kim Robert HOGAN.
    No. 2007-KO-1507.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Hogan, Kim Robert; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 387357; to the Court of Appeal, First Circuit, No. 2007 KA 0026.

Denied.


text:
    STATE of Louisiana v. Darrell M. DURAND.
    No. 2007-K-1545.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Durand, Darrell M.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. G, No. 05-5118; to the Court of Appeal, Fifth Circuit, No. 07-KA-4.

Denied.


text:
    STATE of Louisiana v. Sherry MAGRUDER.
    No. 2007-KK-1587.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Magruder, Sherry; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 419181; to the Court of Appeal, First Circuit, No. 2007 KW 0818.

Denied.


text:
    STATE of Louisiana v. William Lewis ELLIS.
    No. 2007-KO-1641.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Ellis, William Lewis; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. E, No. 72,760; to the Court of Appeal, Second Circuit, No. 42,-286-KA.

Denied.


text:
    STATE of Louisiana v. Tyrone A. JACKSON.
    No. 2007-KO-1666.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Jackson, Tyrone A.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. H, No. 01-5916; to the Court of Appeal, Fifth Circuit, No. 07-KA-84.

Denied.


text:
    STATE of Louisiana v. Herbert R. DERKINS, Jr.
    No. 2007-KO-1771.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Derkins, Herbert R., Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. L, No. 04-4269; to the Court of Appeal, Fifth Circuit, No. 07-KA-151.

Denied.


text:
    Ronald E. CORKERN, III v. R. Allen SMITH and State of Louisiana, Department of Public Safety.
    No. 2007-C-1803.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Louisiana State Police; Smith, R. Allen et ah; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Natchitoches, 10th Judicial District Court Div. A, No. 76,997-A; to the Court of Appeal, Third Circuit, No. 06-1569.

Denied.

VICTORY, J., would grant on the issue of damages.


text:
    STATE of Louisiana v. Robert HORTON.
    No. 2007-K-1819.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Horton, Robert; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. B, No. 238,749; to the Court of Appeal, Second Circuit, No. 42,199-KA.

Denied.


text:
    STATE of Louisiana v. Jimmy L. WILHITE.
    No. 2007-KO-1824.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Wilhite, Jimmy L.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. G, No. 03F0336; to the Court of Appeal, Second Circuit, No. 42,-213-KA.

Denied.


text:
    Mary Faye O’QUIN, et al. v. CONTINENTAL CASUALTY INSURANCE CO., et al.
    No. 2007-C-2207.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re State of Louisiana; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Avoyelles, 12th Judicial District Court Div. 0, No. 2003-5496-A; to the Court of Appeal, Third Circuit, No. 07-355.

Denied.

VICTORY, J., would grant.


text:
    Karen LONGWELL and Her Husband, Charles Longwell and Adult Daughter of Karen Longwell, Jennifer Rodriguez v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1 d/b/a West Jefferson Medical Center, Dr. Robert C. Dawson, III and Culicchia Neurological Clinic, L.L.C. Karen Longwell and Her Husband, Charles Longwell and Adult Daughter of Karen Longwell, Jennifer Rodriguez v. Jefferson Parish Hospital Service District No. 1 d/b/a West Jefferson Medical Center, Dr. Robert C. Dawson, III and Louisiana Medical Mutual Insurance Company (“LAMMICO”).
    No. 2007-C-2223.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Jefferson Parish Hospital District No. 1 d/b/a; West Jefferson Medical Center; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 590-339; to the Court of Appeal, Fifth Circuit, No(s). 07-CA-259, 07-CA-260.

Denied.

TRAYLOR, J., recused.

VICTORY, J., would grant.


text:
    Honorable Wilford D. CARTER v. H. Lynn JONES, II, Clerk of Court, et al.
    No. 2007-C-2234.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Carter, Wilford D. Honorable;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 2006-000195; to the Court of Appeal, Third Circuit, No. CA 07-297.

Denied.

CALOGERO, C.J., would grant.

KIMBALL, J., would grant.

TRAYLOR, J., would grant.


text:
    Robert Thomas MCGREGOR and Ruth McGregor, Individually and on Behalf of Her Deceased Husband, Donald H. McGregor v. HOSPICE CARE OF LOUISIANA IN BATON ROUGE, L.L.C., Hospice Care of Louisiana, Inc., the Hospice Foundation of Greater Baton Rouge, d/b/a Hospice of Baton Rouge, Dr. Gerald Miletello, Dr. Georgia Reine, Cynthia Logan, Melanie Hyatt, Kathryn Braud.
    No. 2007-CC-2242.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re McGregor, Robert Thomas et al.; McGregor, Ruth; — Plaintiffs); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 509,929; to the Court of Appeal, First Circuit, No. 2007 CW 1581.

Denied.


text:
    Marilyn MCLEON, Priscilla Bradley, Charlene Singletary, Clarence Harris, Diane Watson, Pamela Knighten, Leon Roberts and Emanual Bourgeois v. VULCAN CHEMICALS.
    No. 2007-C-2250.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Vallery, Ronnie; Piper, Sheila;— Plaintiffs); Applying for Writ of Certiora-ri and/or Review, Parish of Ascension, 23rd Judicial District Court Div. A, Nos. 69,433, 72,051, 69,388-A, 69,669, 72,065, 69,465; to the Court of Appeal, First Circuit, No(s). 2006 CA 0666, 2006-CA-0662, 2006 CA 0663.

Denied.


text:
    The RAMELLI GROUP, L.L.C. v. The CITY OF NEW ORLEANS.
    No. 2007-CC-2254.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Ramelli Group L.L.C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2007-8362; to the Court of Appeal, Fourth Circuit, No. 2007-C-1254.

Denied.

TRAYLOR, J., recused.


text:
    M’Lee RUSSELL, Individually and on Behalf of Emma White v. HOUSE OF RAEFORD FARMS OF LOUISIANA, INC.
    No. 2007-C-2257.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re House of Raeford Farms of Louisiana, Inc.; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers Compensation 1st District West, No. 05-04132; to the Court of Appeal, Second Circuit, No. 42,676-WCA.

Denied.


text:
    Densic HAYES v. LOUISIANA STATE PENITENTIARY.
    No. 2007-C-2258.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Angola State Penitentiary; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Comp. Dist. 5, No. 02-00715; to the Court of Appeal, First Circuit, No. 2006 CA 0553.

Denied.


text:
    Eric FONTENOT v. PROGRESSIVE SECURITY INSURANCE COMPANY, et al.
    No. 2007-C-2259.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Fontenot, Eric; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Rapides, City Court of Pineville, No. 6-0210; to the Court of Appeal, Third Circuit, No. 07-445.

Denied.


text:
    In the Matter of the SUCCESSION OF Isabel Lamkin Green WITHERSPOON In the Matter of the Succession of Philip H. Witherspoon, Sr.
    No. 2007-CC-2260.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Buerger, Heather Witherspoon;— Other; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, Nos. 76,153, 80,748; to the Court of Appeal, First Circuit, No. 2007 CW 1446.

Denied.


text:
    Barry G. HINES, Russell L. Hines & Dennis A. Hines v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and Servico Truck Lines, Inc.
    No. 2007-CC-2261.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Louisiana State of et al.; Transportation & Devi. Dept, of; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div. 0, No. 38122-03; to the Court of Appeal, Second Circuit, No. 42991-CW.

Denied.


text:
    Charles E. RICHEY, et ux. v. INFINITY INSURANCE COMPANY, et al.
    No. 2007-CC-2263.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Infinity Insurance Co. et al.; Dixon, Kameron E.; Dixon, Keith; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, No. 72,359; to the Court of Appeal, Third Circuit, No. CW 07-00934.

Denied.


text:
    Tammy ESSWEIN v. David A. WHITE, D.D.S. and Dental West, Inc. Deborah Painich v. David A. White, D.D.S. and Dental West, Inc.
    No. 2007-CC-2264.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Medical Protective Company;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, Nos. 01-4539, 01-4053; to the Court of Appeal, Second Circuit, No(s). 42,502-CW, 42,503-CW.

Denied.

TRAYLOR, J., would grant.


text:
    STATE of Louisiana v. Noland James HAMMOND.
    No. 2007-KK-2265.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Hammond, Noland James; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, No. 124,-519-A; to the Court of Appeal, Third Circuit, No. KW 07-01024.

Denied.

KNOLL, J., recused.


text:
    MERIAL LIMITED v. Albert G. LAGRAIZE, Individually and d/b/a Airways Animal Hospital.
    No. 2007-C-2277.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Merial Limited; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, First Parish Court for the Parish of Jefferson, No. 142-466; to the Court of Appeal, Fifth Circuit, No. 07-CA-182.

Denied.


text:
    3627 AIRLINE DRIVE, L.L.C. v. PARISH OF JEFFERSON c/w the Parish of Jefferson vs. 3627 Airline Drive, L.L.C. d/b/a/ Zack’s Unfinished Furniture, and Nicholas V. Chisesi.
    No. 2007-C-2284.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Jefferson, Parish of; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. O, Nos. 615-415, 616-061; to the Court of Appeal, Fifth Circuit, Note). 07-CA-339, 07-CA-340.

Denied.


text:
    Michael BENNETT v. RYDER TRUCK RENTAL, INC.
    No. 2007-C-2286.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Ryder Truck Rental Inc.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 610-155; to the Court of Appeal, Fifth Circuit, No. 07-CA-220.

Denied.


text:
    Robert SHORTESS v. DEPARTMENT OF SAFETY & CORRECTIONS ELAYN HUNT CORRECTIONAL CENTER.
    No. 2007-C-2293.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Public Safety & Corrections, Department; — Defendant; Applying for Writ of Certiorari and/or Review State Civil Service Commission, No. S-15992; to the Court of Appeal, First Circuit, No. 2006 CA 2313.

Denied.

TRAYLOR, J., would grant.


text:
    Gilbert V. ANDRY, IV, et al. v. AUDUBON INSURANCE GROUP, et al.
    No. 2007-CC-2301.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Rimkus Consulting Group Inc.;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Plaque-mines, 25th Judicial District Court Div. B, No. 53-362; to the Court of Appeal, Fourth Circuit, No. 2007-C-0873. •

Denied.


text:
    STATE of Louisiana, Through DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT vs. Central Gulf Towing, L.L.C. and John Doe c/w Chet Morrison Contractors, Inc. and Lexington Insurance Company v. CENTRAL GULF TOWING, L.L.C.
    No. 2007-C-2304.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Central Gulf Towing, L.L.C.;— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Jefferson, 24th Judicial District Court Div. H, Nos. 610-978, 619-063; to the Court of Appeal, Fifth Circuit, No(s). 07-CA-167, 07-CA-166.

Denied.


text:
    Rita M. NETTLES v. DEAN OFFICES, L.L.C. and the City and Parish of East Baton Rouge.
    No. 2007-C-2308.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Nettles, Rita M.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 528,823; to the Court of Appeal, First Circuit, No. 2007 CA 0096.

Denied.

JOHNSON, J., would grant.


text:
    Craig J. DANOS v. SOUTHERN FAB, INC. and Leonard Duet.
    No. 2007-C-2309.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Danos, Craig J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. C, No. 102,016; to the Court of Appeal, First Circuit, No. 2007 CA 0172.

Denied.


text:
    Gilbert V. ANDRY, IV, et al. v. AUDUBON INSURANCE GROUP, et al.
    No. 2007-CC-2322.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Audubon Insurance Group et al.; AIG Claim Services Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 53-362; to the Court of Appeal, Fourth Circuit, No. 2007-C-0905.

Denied.


text:
    Robert Thomas MCGREGOR and Ruth McGregor, Individually and on Behalf of Her Deceased Husband, Donald H. McGregor v. HOSPICE CARE OF LOUISIANA IN BATON ROUGE, L.L.C., Hospice Care of Louisiana, Inc., the Hospice Foundation of Greater Baton Rouge, d/b/a Hospice of Baton Rouge, Dr. Gerald Miletello, Dr. Georgia Reine, Cynthia Logan, Melanie Hyatt, Kathryn Braud.
    No. 2007-CC-2385.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re McGregor, Robert Thomas et al.; McGregor, Ruth; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 509,929; to the Court of Appeal, First Circuit, No. 2007 CW 1883.

Denied.

CALOGERO, C.J., would grant.


text:
    STATE of Louisiana v. Donald J. CARTER.
    No. 2008-KH-0031.
    Supreme Court of Louisiana.
    Jan. 25, 2008.
   In re Carter, Donald J.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 09-07-0516; to the Court of Appeal, First Circuit, No. 2007 KW 1967.

Denied.