text:
    James DARBY v. CITY OF NEW ORLEANS, DEPARTMENT OF POLICE, and Edwin Compass, Superintendent of Police.
    No. 2007-C-552.
    Supreme Court of Louisiana.
    June 1, 2007.
   PER CURIAM.

The plaintiff has failed to exhaust his remedies with Civil Service Commission, and therefore the writ of mandamus is premature. Accordingly, the decision of the court of appeal granting the writ of mandamus is reversed, and the exception of prematurity is granted.

REVERSED.


source: Caselaw Access Project

license: Public Domain

text:
    In re Michael J. KINCADE.
    No. 2007-B-1126.
    Supreme Court of Louisiana.
    June 1, 2007.
   ORDER

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

IT IS ORDERED that Michael J. Kin-cade, Louisiana Bar Roll number 1463, be and he hereby is suspended from the practice of law on an interim basis pursuant to Supreme Court Rule XIX, § 19.2.

IT IS FURTHER ORDERED that pursuant to Supreme Court Rule XIX, § 27, the presiding chief judge in the Twenty-Fourth Judicial District Court for the Parish of Jefferson is ordered to appoint a lawyer or lawyers to conduct an inventory of respondent’s files and to take action as appropriate to protect the interests of respondent’s clients.

Pursuant to Supreme Court Rule XIX, § 26(E), this order is effective immediately-

/s/ Pascal F. Calogero, Jr. Justice, Supreme Court of Louisiana


author: PER CURIAM.

text:
    STATE of Louisiana v. Terrell CHAPMAN.
    No. 2007-KD-0718.
    Supreme Court of Louisiana.
    June 1, 2007.
   PER CURIAM.

| denied. In creating the position of Magistrate Judge and the Magistrate Court for the Criminal District Court in Orleans Parish, the legislature provided that the Magistrate Judge “shall have jurisdiction to act as committing magistrate in felony and misdemeanor charges and to hold preliminary examinations, with the authority to bail or discharge, or to hold for trial, in all cases before the Criminal District Court for the Parish of Orleans, and shall have the power to adopt all necessary rules with respect thereto.” La. Rev.Stat. 13:1346(C)(emphasis added). The commissioners in the Magistrate Section for Criminal District Court shall have the same “powers, duties, jurisdiction, and functions, all as is now or hereafter provided for the judge in the magistrate section of said criminal district court.” La.Rev. Stat. 13:1347(A)(1). The legislature has further provided that “[t]he judges of the Criminal District Court for the Parish of Orleans shall have power to act as committing magistrates in all felony charges and to hold preliminary examinations, with authority to bail, or discharge, or to hold for trial, in all cases before said court [and] also may adopt all necessary rules with respect thereto.” La.Rev.Stat. 13:1336(B).

The allocation of judicial resources in the conducting of preliminary examinations, both pre- and post-indictment, is a matter of internal administration within the Criminal District Court, as expressly authorized by the legislature. To this hextent, in this particular instance, the local rules adopted by the district court take precedence over Rule 14.2, Rules for Proceedings in District Courts.


text:
    In re Billy R. HARPER, Jr.
    No. 2007-B-0888.
    Supreme Court of Louisiana.
    June 1, 2007.
   ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent neglected a legal matter, failed to communicate with his clients, and failed to deposit an advance fee into his client trust account. Following the institution of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Billy Rex Harper, Jr., Louisiana Bar Roll number 18613, be publicly reprimanded.

IT IS FURTHER ORDERED that respondent shall enroll in and attend one full day of Ethics School offered by the Louisiana State Bar Association’s Practice Assistance and Improvement Committee.

IT IS FURTHER ORDERED that respondent will voluntarily participate in the Louisiana State Bar Association’s Fee Dispute Resolution Program regarding fees charged to Frederick Bogan.

IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.


author: PER CURIAM. WEIMER, J.

text:
    STATE of Louisiana v. Larry CANEZARO.
    No. 2007-KK-668.
    Supreme Court of Louisiana.
    June 1, 2007.
   PER CURIAM.

11 Writ granted. In this criminal matter, the defendant, Larry Canezaro, was charged with possession of cocaine, in violation of La. R.S. 40:967(C), and possession of Adderall, in violation of La. R.S. 40:968(C). The following facts of his arrest following a traffic stop were adduced in a pre-trial hearing: Deputy James Lewis of the Iberville Parish Sheriffs Office testified that, on August 20, 2005, he was sitting in a parking lot in Maringouin, Louisiana, observing traffic. The deputy observed a pickup truck driven by the defendant stop at a stop sign. However, the defendant did not activate his turn signal to signal his subsequent right turn. Deputy Lewis pulled out and followed behind the defendant, running the license plate number of the truck through law enforcement data bases. After following for about two miles, the computer information came back and Deputy Lewis initiated a traffic stop, just over the parish line.

Deputy Lewis requested that the defendant exit his vehicle. Canezaro met the deputy halfway between their two vehicles. Because there were two passengers remaining in the truck, the deputy requested that the defendant stay where he was and approached the truck on the passenger side.

From his vantage point, the deputy could see a shotgun between the two | Remaining passengers, a man and a woman. The deputy requested that the passengers keep their hands where he could see them and asked the man, Jonathan Harris, closest to the door, to exit the vehicle. After Harris did so, the deputy recovered the shotgun and found that a shell was' half-way chambered but the weapon had jammed. The deputy saw one ejected shell on the floorboard. The deputy checked Harris for weapons while the remaining passenger, Ms. Vaughn, sat with her hands visible.

The deputy saw glass tubing in the passenger side door where Harris had been sitting. The tubing, which was believed to be a crack pipe, was retrieved. In addition, an open container of beer was seen in the vehicle.

At this point, the defendant was arrested for the traffic violation and violation of the open container law. Harris was arrested for possession of drug paraphernalia. Both men were handcuffed and read their Miranda rights, but neither made a statement at that time. Ms. Vaughn was not arrested.

A wrecker was called to tow away the defendant’s truck. While waiting on the wrecker, Deputy Lewis began to inventory the contents of the truck. The deputy saw two boxes of cigarettes, one in the driver’s side door and another under the driver’s seat. Both boxes were being held open by more metal tubing, also believed to be a crack pipe. Inside one, wrapped in cellophane, were several rocks of crack cocaine. Inside the other, also wrapped in cellophane, were several pills which the defendant later admitted to be Adderall.

Deputy Lewis admitted he did not have a warrant to search the truck, did not ask for consent to search the truck, and did not wait until the truck was taken to the impound lot before he began his inventory search. Deputy Lewis also admitted he never told the defendant he could waive an inventory of his truck or that he had the option to leave his car and have someone else come get it. Deputy Lewis stated that Lhe acted consistently with the procedures of the Iberville Parish Sheriffs Office and that an inventory was necessary to protect him and the sheriffs department from claims that items were stolen. Although Deputy Lewis feared for his safety when he initially saw the shotgun, he admitted that he was no longer in fear for his safety when he conducted the search.

Canezaro filed a pretrial motion to suppress the cocaine and the Adderal seized during the traffic stop. After hearing the above-described facts, the district judge denied the motion to suppress, finding that the stop was valid and the subsequent seizure proper. Further, the district court found the fact that there was a loaded shotgun on the seat between the two passengers justified the officer’s actions subsequent to its discovery.

By a 2-1 vote, the appellate court granted the defendant’s writ. The court of appeal majority found unreasonable the purported inventory search of the defendant’s vehicle. The court of appeal majority held the search conducted here violated constitutional guarantees against unreasonable searches and seizures, where the circumstances established that the search of the vehicle was not sufficiently restricted in scope to constitute a true inventory search. The dissenting judge would have denied the writ, finding that even if the inventory search was invalid, the search was valid as being incident to a valid arrest of an occupant of the defendant’s car under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).

Rehearing and rehearing en banc were requested by the state, but the appellate court denied rehearing and the request for rehearing en banc by the same 2-1 margin. In denying rehearing, the court of appeal additionally relied upon our holding in State v. Rome, 354 So.2d 504 (La.1978).

The state filed a writ application in this court, seeking review of the appellate 1 ¿court’s ruling. Because we find that the court of appeal’s ruling was legally incorrect, we reverse the judgment of the court of appeal granting the defendant’s motion to suppress evidence and reinstate the judgment of the district court denying the defendant’s motion to suppress.

The Fourth Amendment provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. Amend. IV. Similarly, the Louisiana Constitution protects a citizen’s right to privacy:

Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.

A search and seizure conducted without a warrant issued on probable cause is per se unreasonable unless the warrantless search and seizure can be justified by one of the narrowly drawn exceptions to the warrant requirement. State v. Thompson, 2002-0333 (La.4/9/03), 842 So.2d 330, see Coolidge v. New Hampshire, 403 U.S. 443, 454-455, 91 S.Ct. 2022, 2032, 29 L.Ed.2d 564 (1971). Contrary to Deputy Lewis’s characterization of his search as one undertaken to inventory the contents of the truck, the state contends in their writ application that the officer was authorized to conduct a warrantless search of the defendant’s vehicle as a search incident to the defendant’s arrest.

In Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), the Supreme Court delineated both the justification for, and the scope of, a search Ifiincident to arrest. Basically, the Supreme Court found it reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person and the area into which an arrestee might reach in order to grab a weapon or evidentiary items. Chimel, 395 U.S. at 762-763, 89 S.Ct. at 2040.

After Chimel, the Supreme Court was presented with the issue of the proper scope of a search of the interior of an automobile incident to a lawful custodial arrest of its occupants. In New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), the Supreme Court held that

when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile. It follows from this conclusion that the police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach.... Such a container may, of course, be searched whether it is open or closed, since the justification for the search is not that the arrestee has no privacy interest in the container, but that the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have. Belton, 453 U.S. at 460-461, 101 S.Ct. at 2864 (internal citations omitted).

Under the factual circumstances presented here, the officer made a valid traffic stop of the defendant’s vehicle. Once the defendant was removed from the car, the officer was authorized to check the passengers for his safety. Upon seeing the shotgun, the officer was further authorized to remove one or both of the passengers and secure the weapon. When Harris exited the car, the deputy saw drug paraphernalia and an opened container of beer. On these bases, ie. the traffic violation, the violation of the open container law, and the violation of the drug laws, arrests were made. The deputy’s subsequent search of the truck was valid as a search incident to arrest.

We are not constrained by the deputy’s characterization of the search as one pursuant to inventory nor is our analysis of the facts circumscribed by that | ^characterization. The facts adduced at the suppression hearing support our determination that the search was a valid one incident to an arrest. Whether the cigarette containers were open or not is irrelevant under Belton, as the officer would have been authorized to search even a closed container within the truck’s interior.

In Rome, supra, the case relied upon by the court of appeal in denying rehearing, the defendant was arrested for DWI. The Rome defendant had been pulled over in a service station at 2 a.m. on a rainy evening. The court noted that Rome had not been asked whether he wanted to make other arrangements for his vehicle or whether he consented to a search of his car. This court stated: “[u]pon arrest for a traffic violation, the motorist’s vehicle cannot constitutionally, solely because of the traffic arrest, become the subject of an unlimited criminal investigation in order, if possible, to charge the motorist with more serious crimes.” Rome, 354 So.2d at 506. Noteworthy is the fact that Rome was decided in 1978, prior to the Supreme Court’s 1981 Belton decision.

Had the defendant merely been charged with improper signalization, a full search of the interior of the vehicle may not have been justified. However, Deputy Lewis had the additional information that there was a loaded weapon in the truck (thus heightening the officer’s safety concerns vis-a-vis a search of the truck), as well as an opened container of beer and drug paraphernalia. Considering these additional facts which were known to Deputy Lewis, we find his subsequent actions in searching the truck after the arrests of the defendant and Harris to be proper.

The matter is remanded to the district court for further proceedings consistent with this ruling.

CALOGERO, C.J., concurs for reasons assigned by WEIMER, J.

WEIMER, J., concurs and assigns reasons.

WEIMER, J.

concurring.

hi concur in the result, finding that the facts of this case are distinguishable from those in State v. Rome, 354 So.2d 504 (La.1978). Unlike Rome, the arrest in this case was not for a suspected traffic violation only. As outlined in the opinion, there was a loaded weapon in the truck as well as an opened container of beer and drug paraphernalia. These additional facts distinguish this case from the inventory search in Rome.


text:
    Carlene T. KINCHEN v. The LIVINGSTON PARISH COUNCIL, et al.
    No. 2007-C-0478.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Kinchen, Carlene T.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Livingston, 21st Judicial District Court Div. C, No. 107,860; to the Court of Appeal, First Circuit, No. 2006 CA 0301.

Granted.


text:
    Deborrah MUNCH v. Nicholas BACKER and United Services Automobile Association.
    No. 2006-C-1634.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Munch, Deborrah; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 2000-9442; to the Court of Appeal, Fourth Circuit, No. 2004-CA-1136.

Writ granted in part and remanded to the court of appeal for consideration of the plaintiffs claim of error during jury selection in light of our holding in Alex v. Rayne Concrete Service, 2005-1457 c/w 2344 c/w 2520 (La.1/26/07), 951 So.2d 138. In all other respects, the application is denied.


text:
    John W. THIBODEAUX and Cathy Thibodeaux v. PROGRESSIVE SECURITY INSURANCE COMPANY, INC., et al.
    No. 2007-CC-0735.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re St. Paul Fire & Marine Ins. Co.;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. C, No. 05-C-2473; to the Court of Appeal, Third Circuit, No. CW 07-00002.

Not considered. Not timely filed.


text:
    David M.D. LANNES v. Marisol F. LANNES.
    No. 2007-CJ-0855.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Lannes, Marisol F.; Tucker, Marisol f/n/a; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. A, No. 53-522; to the Court of Appeal, Fourth Circuit, No. 2007-C-0362.

Stay denied. Writ denied.


text:
    STATE ex rel. John D. POPULIS v. STATE of Louisiana.
    No. 2006-KH-1764.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Populis, John D.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, Nos. 61-242, 61-243; to the Court of Appeal, Fifth Circuit, No. 06-KH-259.

Denied.


text:
    STATE ex rel. Roy Dell OWENS v. STATE of Louisiana.
    No. 2006-KH-2183.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Owens, Roy Dell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 340,418; to the Court of Appeal, First Circuit, No. 2006 KW 0335.

Denied.


text:
    STATE ex rel. Eugene MATTHEWS v. STATE of Louisiana.
    No. 2006-KH-2184.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Matthews, Eugene; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 434-999; to the Court of Appeal, Fourth Circuit, No. 2006-K-0946.

Denied.


text:
    STATE ex rel. Eddie Gene EVANS v. STATE of Louisiana.
    No. 2006-KH-2185.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Evans, Eddie Gene; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. F, No. 42,972; to the Court of Appeal, Second Circuit, No. 41638-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; 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. Louis BUSH v. STATE of Louisiana.
    No. 2006-KH-2186.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Bush, Louis; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 244-206.

Denied.

JOHNSON, J., would grant for reasons assigned in State v. Wesley Dick, 06-2223 (La. 1/26/07), 951 So.2d 124.


text:
    Kermit PARKER v. DEPT. OF PUBLIC SAFETY AND CORRECTIONS.
    No. 2006-CI-2221.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Parker, Kermit; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 522,442; to the Court of Appeal, First Circuit, No. 2005 CA 1086.

Denied.


text:
    STATE ex rel. Jason COYNE v. STATE of Louisiana.
    No. 2006-KH-2237.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Coyne, Jason; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 260044; to the Court of Appeal, First Circuit, No. 2006 KW 1065.

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


text:
    STATE ex rel. James FLOWERS v. STATE of Louisiana.
    No. 2006-KH-2238.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Flowers, James; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 81-3950.

Denied.


text:
    STATE ex rel. Robert E. JACKSON, Jr. v. STATE of Louisiana.
    No. 2006-KH-2239.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Jackson, Robert E. Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Red River, 39th Judicial District Court Div. 0, No. 96.366; to the Court of Appeal, Second Circuit, No. 41,-595-KH.

Denied.

JOHNSON, J., would grant.


text:
    STATE ex rel. Eddie LIDDELL v. STATE of Louisiana.
    No. 2006-KH-2240.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Liddell, Eddie; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 290-598; to the Court of Appeal, Fourth Circuit, No. 2005-K-1396.

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. Ernest BLAND v. STATE of Louisiana.
    No. 2006-KH-2243.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Bland, Ernest; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, No. 18,973.

Denied.


text:
    STATE ex rel. Michael WILLIAMS v. STATE of Louisiana.
    No. 2006-KH-2244.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Williams, Michael; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 344-459; to the Court of Appeal, Fourth Circuit, No. 2005-K-1431.

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


text:
    STATE ex rel. Andora Y. HUDSON v. STATE of Louisiana.
    No. 2006-KH-2245.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Hudson, Andora Y.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 390-046; to the Court of Appeal, Fourth Circuit, No. 2006-K-0926.

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. Charles EZEB v. STATE of Louisiana.
    No. 2006-KH-2247.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Ezeb, Charles; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 11-73-7244.

Denied.

JOHNSON, J., would grant for reasons assigned in State v. Wesley Dick, 06-2223 (La. 1/26/07), 951 So.2d 124.


text:
    Alvin HARVEY v. R. STALDER, Secretary of the Department of Corrections, A. Huff, Assistant Warden, M. Dauzat, MSW, GSW, LPN-2.
    No. 2006-CI-2248.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Harvey, Alvin; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 515,023; to the Court of Appeal, First Circuit, No. 2005 CA 1229.

Denied.


text:
    Charles CARTER v. Burl CAIN, Warden, Louisiana State Penitentiary and Dora Rabalais.
    No. 2006-CI-2249.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Carter, Charles; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 521,198; to the Court of Appeal, First Circuit, No. 2004 CA 2698

Denied.


text:
    STATE ex rel. Louis Dan HARGROVE, III v. STATE of Louisiana.
    No. 2006-KH-2250.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Hargrove, Louis Dan III; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. C, Nos. 67,750, 65,856, 65,855; to the Court of Appeal, Second Circuit, No. 41,675-KH.

Denied.


text:
    STATE ex rel. Albert HOOD v. STATE of Louisiana.
    No. 2006-KH-2253.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Hood, Albert; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 6974-73; to the Court of Appeal, Third Circuit, No. KH06-342.

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. Vincent STEWART v. STATE of Louisiana.
    No. 2006-KH-2257.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Stewart, Vincent; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 02-554; to the Court of Appeal, Fifth Circuit, No. 06-KH-569.

Denied.


text:
    STATE ex rel. Daniel BROWN v. STATE of Louisiana.
    No. 2006-KH-2258.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Brown, Daniel; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. C, Nos. 344223, 349657; to the Court of Appeal, First Circuit, No. 2006 KW 0292.

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.

WEIMER, J., recused.


text:
    STATE ex rel. Jeffery E. HARRISON v. STATE of Louisiana.
    No. 2006-KH-2259.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Harrison, Jeffery E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, Nos. 97-7098, 98-687; to the Court of Appeal, Fifth Circuit, No. 06-KH-463.

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. Vincent SMITH v. STATE of Louisiana.
    No. 2006-KH-2263.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Smith, Vincent; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 94-6830; to the Court of Appeal, Fifth Circuit, No. 06-KH-548.

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. Ronald Lee WASHINGTON.
    No. 2006-KO-2320.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Washington, Ronald Lee; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 237,561; to the Court of Appeal, Second Circuit, No. 41,182-KA.

Denied.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. Alvah WICKBOLDT.
    No. 2006-KP-2441.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Wickboldt, Alvah; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 04-03-447; to the Court of Appeal, First Circuit, No. 2006 KW 1625.

Denied.


text:
    STATE of Louisiana v. Ronald Lee WASHINGTON.
    No. 2006-KO-2468.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Washington, Ronald Lee; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 237,561; to the Court of Appeal, Second Circuit, No. 41,182-KA.

Denied.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. Jerome THOMAS.
    No. 2006-KO-2469.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Thomas, Jerome; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 214,193; to the Court of Appeal, Second Circuit, No. 41,095-KA.

Denied.


text:
    STATE of Louisiana v. Richard J. LAVIOLETTE.
    No. 2006-K-2585.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Laviolette, Richard J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 02-6267; to the Court of Appeal, Fifth Circuit, No. 06-KA-92.

Denied.


text:
    STATE of Louisiana v. Sean A. STRANGE.
    No. 2006-K-2611.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Strange, Sean A.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Martin, 16th Judicial District Court Div. G, No. 02-224322; to the Court of Appeal, Third Circuit, No. 06-497.

Denied.


text:
    STATE of Louisiana v. Jamie JOHNSON.
    No. 2006-KO-2615.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Johnson, Jamie; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Franklin, 5th Judicial District Court Div. B, No. 2004380F; to the Court of Appeal, Second Circuit, No. 41,-428-KA.

Denied.


text:
    STATE of Louisiana v. Kenneth W. BELL.
    No. 2006-KO-2618.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Bell, Kenneth W.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. D, No. 276875; to the Court of Appeal, Third Circuit, No. 06-513.

Denied.


text:
    STATE of Louisiana v. Charles S. PURSELL.
    No. 2006-KO-2619.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Pursell, Charles S.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 345,593; to the Court of Appeal, First Circuit, No. 2006 KA 0233.

Denied.


text:
    STATE of Louisiana v. HOANG PHAM.
    No. 2006-KO-2624.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Pham, Hoang; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 09-04-0518; to the Court of Appeal, First Circuit, No. 06 KA 0326.

Denied.


text:
    STATE of Louisiana v. Raymond MOLIERE.
    No. 2006-KO-2625.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Moliere, Raymond; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 441,509; to the Court of Appeal, Fourth Circuit, No. 2005-KA-0430.

Denied.


text:
    STATE OF LOUISIANA DEPARTMENT OF SOCIAL SERVICES, OFFICE OF FAMILY SUPPORT, Support Enforcement Services in the Interest of the Minor Child A.M.V. v. W.R.M. and H.C.V.
    No. 2006-CC-2746.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re State of Louisiana et al.; Social Services, Dept. of; Family Support Enforcement Services, Office of; — Plaintiffis); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson Davis, 31st Judicial District Court Div. 0, No. C-745-04; to the Court of Appeal, Third Circuit, No. CW 06-00980.

Denied. Result is correct.


text:
    Thomas R. DENTON v. Pamela A. VIDRINE, American Deposit Insurance Company, LA Sheriffs’ Automobile Risk Program, and State Farm Mutual Automobile Insurance Company Pamela Vidrine v. Thomas R. Denton, Randall Andre in His Capacity as Sheriff for the Parish of West Baton Rouge—West Baton Rouge Parish Sheriffs Office, Louisiana Sheriffs’ Automobile Risk Program and XYZ Insurance Company.
    No. 2007-C-0172.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Louisiana State of; Transportation and Development Department of; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. C, Nos. 27,225, 27,162; to the Court of Appeal, First Circuit, No(s). 2006 CA 0142, 2006 CA 0141.

Denied.

JOHNSON, J., would grant.

VICTORY, J., would grant.

TRAYLOR, J., would grant.


text:
    SUCCESSION OF Dr. Marion A. LANASA.
    No. 2007-C-0182.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re LaNasa, Barbara; — Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 614-622; to the Court of Appeal, Fifth Circuit, No. 06-CA-561.

Writ denied.


text:
    Thomas DENTON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.
    No. 2007-CC-0185.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re State Farm Mutual Auto. Ins. Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 35,209; to the Court of Appeal, First Circuit, No. 2006 CW 1666.

Denied.

VICTORY, J., would grant.

TRAYLOR, J., would grant.


text:
    CF INDUSTRIES INC. and Hartford Fire Insurance Company v. TURNER INDUSTRIAL SERVICES, INC., Cooperheat-MQS, Inc. and Catalyst Process Specialists, Inc.
    No. 2007-C-0536.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re CF Industries Inc. et al.; — -Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Ascension, 2srd Judicial District Court Div. A, No. 69,737; to the Court of Appeal, First Circuit, No. 2006 CA 0856.

Denied.


text:
    Dino DISTEFANO, Jr. v. Robert MORGAN Jr. and B & P Construction, Inc.
    No. 2007-CC-0553.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Distefano, Dino Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs Office of Workers’ Compensation District # 07, No. 05-00264; to the Court of Appeal, Fifth Circuit, No. 06-C-960.

Denied.

KIMBALL, J., would grant.

JOHNSON, J., would grant.


text:
    Clifton G. RICHARDSON v. WHITNEY NATIONAL BANK.
    No. 2007-C-0670.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Richardson, Clifton G.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. James, 23rd Judicial District Court Div. D, No. 29869; to the Court of Appeal, Fifth Circuit, No. 06-CA-803.

Denied.


text:
    Leslie PICKETT, et vir v. WILLIS-KNIGHTON PIERREMONT HEALTH CENTER, Dr. Debra Cline, Dr. Max Taylor and Dr. Keith Mayfield.
    No. 2007-CC-0692.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Willis-Knighton Pierremont Health Center, et al.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. C, No. 501,771; to the Court of Appeal, Second Circuit, No. 42290-CW.

Denied.


text:
    Elizabeth STEWART v. DUGAS PEST CONTROL OF BATON ROUGE, INC.
    No. 2007-C-0709.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Stewart, Elizabeth; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 505,424; to the Court of Appeal, First Circuit, No. 2006 CA 0739.

Denied.


text:
    Dudley COURVILLE v. SCI LOUISIANA FUNERAL SERVICE.
    No. 2007-C-0715.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re SCI Louisiana Funeral Services;— Defendant; Applying for Writ of Certiora-ri and/or Review Office of Workers’ Compensation District 02, No. 04-09109; to the Court of Appeal, Third Circuit, No. 06-1441.

Denied.

TRAYLOR, J., would grant.


text:
    Jacqueline COLEMAN v. BAYER CORPORATION, Novartis Pharmaceutical Corporation, Whitehall-Robins Healthcare, Chattem, Inc., Walgreen Louisiana Co., Inc. (d/ b/a “Walgreens”), and K-Mart Corporation (d/b/a “K-Mart”).
    No. 2007-CC-0717.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Whitehall-Robins Healthcare; American Home Products Corporation; Wyeth £/k/a; Wyeth Consumer Healthcare f/k/a; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 574-099; to the Court of Appeal, Fifth Circuit, No(s). 07-C-74, 07-C-59.

Denied.


text:
    Dorothy BROOKS v. MADISON PARISH DISTRICT HOSPITAL.
    No. 2007-C-0720.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Madison Parish District Hospital a/k/a Madison Parish District Service Hospital; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers Compensation District IE, No. 05-04915; to the Court of Appeal, Second Circuit, No. 41,957-WCA.

Denied.


text:
    Gilbert MAYO, et al. v. James P. DOHERTY, Jr., et al.
    No. 2007-C-0721.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Winford, Emmaline Mayo; Mayo, Laura; Jones, Carrie Mayo White; Mayo, Dennis; Washington, Leitha Mayo; Mayo, Gilbert et al.; Murphy, Bertha Mayo; Potts, Belinda; Mayo, Donald; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, No. 03-C-2554-B; to the Court of Appeal, Third Circuit, No. 06-1187.

Denied.


text:
    Maria Charlotte LOWREY v. Dr. Blaine M. BORDERS, et al.
    No. 2007-C-0722.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Lowrey, Maria Charlotte; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. E, No. 02-2374; to the Court of Appeal, Second Circuit, No. 41,-852-CA.

Denied.


text:
    STATE of Louisiana v. Troy ESCHETTE.
    No. 2007-KK-0723.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Eschette, Troy; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 02-06-0368; to the Court of Appeal, First Circuit, No. 2007 KW 0061.

Denied.


text:
    INDEPENDENT SUPPLY CO., L.L.C. v. CSF CONSTRUCTION, INC., American Tank and Vessel, Inc., and Stolthaven New Orleans, L.L.C./Stolt-Nielsen Transportation Group.
    No. 2007-C-0724.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Independent Supply Co. L.L.C.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 52-781; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1444.

Denied.

VICTORY, J., would grant.


text:
    Jacqueline COLEMAN v. BAYER CORPORATION, Novartis Pharmaceutical Corporation, Whitehall-Robins Healthcare, Chattem, Inc., Walgreen Louisiana Co., Inc. (d/ b/a “Walgreens”), and K-Mart Corporation (d/b/a “K-Mart”).
    No. 2007-CC-0726.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Walgreen Louisiana Co. Inc. d/b/a; Walgreens; Walgreen Company d/b/a;— Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 574-099; to the Court of Appeal, Fifth Circuit, No(s). 07-C-74, 07-C-59.

Denied.


text:
    Susan MCGEE on Behalf of the Interdict, Audrey FORET v. PLAQUEMINE MANOR NURSING HOME.
    No. 2007-CC-0728.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Plaquemine Manor Nursing Home Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iber-ville, 18th Judicial District Court Div. B, No. 64,158; to the Court of Appeal, First Circuit, No. 2006 CW 2316.

Denied.

KNOLL, J., would grant.


text:
    Mamie KRAMER v. Raymond E. OLIVER, et al.
    No. 2007-C-0731.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Liberty Mutual Ins. Co.; — Other; Applying for Writ of Certiorari and/or Review, Parish, of Jefferson Davis, 31st Judicial District Court Div. 0, No. C-719-02; to the Court of Appeal, Third Circuit, No. CA 06-1494.

Denied.


text:
    Kimberly LEE v. HERITAGE MANOR OF BOSSIER CITY.
    No. 2007-C-0736.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Lee, Kimberly; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation, District 1 West, No. 04-08685 D1W; to the Court of Appeal, Second Circuit, No. 41,828-WCA.

Denied.


text:
    Tara Elizabeth Gaudet MOSELEY v. Chad Michael MOSELEY.
    No. 2007-C-0835.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Moseley, Chad Michael; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Mary, 16th Judicial District Court Div. G, No. 109678; to the Court of Appeal, First Circuit, No. 2006 CU 1752.

Denied.

KIMBALL, J., would grant.


text:
    Leah FRALEY v. Christopher FRALEY.
    No. 2007-CJ-0906.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Fraley, Leah; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Ascension, 23rd Judicial District Court Div. E, No. 77,022; to the Court of Appeal, First Circuit, No. 2006 CU 2181.

Denied.


text:
    La Tefy K. GUY v. Larry N. GUY.
    No. 2007-CJ-0914.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Guy, La Tefy K.; Schoen, La Tefy K. f/n/a; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Family Court East Baton Rouge Parish, No. 105,615; to the Court of Appeal, First Circuit, No. 2006 CU 2348.

Denied.

KIMBALL, J., would grant.


text:
    Christi LANGONI, et al. v. CLIMB MAX, INC., et al.
    No. 2006-CC-1844.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Langoni, Christi et al.; Langoni, Susan; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 05-7320; to the Court of Appeal, Fourth Circuit, No. 2006-C-0736.

Granted. The case is remanded to the trial court for reconsideration of its ruling in hght of Bell v. Treasure Chest Casino, L.L.C., 06-1538 (La.2/22/07), 950 So.2d 654.


text:
    Stacy Michael MEAUX v. Lucille GALTIER, et al.
    No. 2006-CC-2026.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Hammond, Geraldine; Hammond, John et al.;- — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. H, No. 2003-1042-H2; to the Court of Appeal, Third Circuit, No. CW 06-00811.

Granted. The judgment of the trial court denying relators’ exception of prescription is vacated and set aside. The case is remanded to the trial court for reconsideration in light of this Court’s decision in W.R.M. v. H.C.V., 06-0702 (La.3/9/07), 951 So.2d 172.


text:
    Stacy Michael MEAUX v. Lucille GALTIER, et al.
    No. 2006-CC-2161.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Hammond, Scott Anthony; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. 0, No. 2003-1042-H2; to the Court of Appeal, Third Circuit, No. CW 06-00811.

Granted. The judgment of the trial court denying relators’ exception of prescription is vacated and set aside. The case is remanded to the trial court for reconsideration in light of this Court’s decision in W.R.M. v. H.C.V., 06-0702 (La.3/9/07), 951 So.2d 172.


text:
    Athena ANDREW-HONG, et al. v. The GRAY INSURANCE COMPANY, et al.
    No. 2007-CC-0496.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Patent Construction Systems;— Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. E, No. 2003-1690; to the Court of Appeal, Fourth Circuit, No. 2006-C-0375.

Granted. Case remanded to court of appeal for briefing, argument and full opinion.


text:
    STATE of Louisiana v. Shon P. SHAW.
    No. 2006-KO-2467.
    Supreme Court of Louisiana.
    May 18, 2007.
   In re Shaw, Shon P.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. 0, No. 236,947; to the Court of Appeal, Second Circuit, No. 41,233-KA.

Granted. Briefing and argument is especially invited on the issue involving sentence enhancement under State v. Johnson, 884 So.2d 568 (2004).


text:
    ANR PIPELINE COMPANY v. LOUISIANA TAX COMMISSION.
    No. 2007-CC-0823.
    Supreme Court of Louisiana.
    May 21, 2007.
   In re ANR Pipeline Co. et al.; UT Offshore System L.L.C.; High Island Offshore System L.L.C.; Stingray Pipeline Co.; Tennessee Gas Pipeline Co.; Southern Natural Gas Co.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 468,417 & Consolidated Cases; to the Court of Appeal, First Circuit, No. 2007 CW 0417.

Denied.

VICTORY, J., would grant.


text:
    STATE of Louisiana v. Byron DAVIS.
    No. 2007-KK-0983.
    Supreme Court of Louisiana.
    May 23, 2007.
   In re Davis, Byron; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 02-5841; to the Court of Appeal, Fifth Circuit, No. 07-K-253.

Granted. The judgment of the court of appeal is reversed; the judgment of the trial court is reinstated.


text:
    James ALFRED v. LAFAYETTE INSURANCE COMPANY, et al.
    No. 2007-CC-1066.
    Supreme Court of Louisiana.
    May 23, 2007.
   In re Lafayette Insurance Company, et al.; Kpm Enterprises Inc. d/b/a Meineke Discount Muffler; Turpin, John; Taylor, John; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 570-464; to the Court of Appeal, Fifth Circuit, No. 07-C-242.

Denied.

TRAYLOR, J., would grant.


text:
    Earnest W. LOFTICE v. Kathleen Creel LOFTICE.
    No. 2007-CC-1099.
    Supreme Court of Louisiana.
    May 30, 2007.
   In re Loftice, Earnest W.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. A, No. 84209-A; to the Court of Appeal, First Circuit, No. 2007 CW 0960.

Stay denied. Writ denied.


text:
    INTERNATIONAL PAPER COMPANY, INC. v. Sheriff William Earl HILTON, et al.
    No. 2007-C-0290.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re International Paper Company Inc.; — Plaintiff; Applying for Writ of Cer-tiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. D, No. 211,845; to the Court of Appeal, Third Circuit, No. 06-895.

Granted.


text:
    Thomas R. DENTON v. Pamela A. VIDRINE, American Deposit Insurance Company, LA Sheriffs’ Automobile Risk Program, and State Farm Mutual Automobile Insurance Company Pamela Vidrine v. Thomas R. Denton, Randall Andre in His Capacity as Sheriff for the Parish of West Baton Rouge—West Baton Rouge Parish Sheriffs Office, Louisiana Sheriffs’ Automobile Risk Program and XYZ Insurance Company.
    No. 2007-C-0566.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re State Farm Mutual Automobile Insurance Company; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. A, Nos. 27,225, 27,162; to the Court of Appeal, First Circuit, No. 2006 CA 0143.

Writ granted. The court of appeal’s ruling is vacated and the matter is remanded to the court of appeal for consideration on the merits. The district court was not divested of jurisdiction from ruling on this particular motion. See La.Code Civ. Proc. art. 2088.


text:
    STATE of Louisiana v. Sherry Ann LANDRY.
    No. 2007-KK-1062.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Landry, Sherry Ann; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 400926; to the Court of Appeal, First Circuit, No. 2007 KW 0339.

Not considered; not timely filed.


text:
    Yvette M. FAIRCHILD, et al. v. Randy WESTER, et al.
    No. 2007-CC-0299.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Graves, Michael; Wester, Randy et al.; — Defendant (s); Applying for Reconsideration of this Courts order dated March 30, 2007; Parish of Jefferson, 24th Judicial District Court Div. G, No. 606-657; to the Court of Appeal, Fifth Circuit, No. 06-C-836.

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


text:
    STATE ex rel. Robert SMITH v. STATE of Louisiana.
    No. 2006-KH-1682.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Smith, Robert; — Plaintiff; Applying for Reconsideration of this Court’s action dated March 30, 2007; Parish of Morehouse, 4th Judicial District Court Div. E, No. 23,721.

Reconsideration denied.


text:
    STATE of Louisiana v. Todd DAGGS.
    No. 2007-KK-0251.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Daggs, Todd; — Defendant; Applying for Reconsideration of this Courts action dated March 24, 2007, Parish of Jefferson, 24th Judicial District Court, Div. B, No. 05-5227; to the Court of Appeal, Fifth Circuit, No. 06-K-810.

Reconsideration denied.


text:
    Delton AUGUSTINE, Jr. v. Johnny GRIFFIN, et al.
    No. 2007-C-0532.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Republic Vanguard Insurance Co.; — Defendant (s); Applying for Reconsideration of this Courts action dated April 27, 2007; Parish of Avoyelles, 12th Judicial District Court Div. A, No. 04-6014; to the Court of Appeal, Third Circuit, No. 06-568.

Reconsideration denied.


text:
    STATE ex rel. Willie Lee DOUGLAS, II v. STATE of Louisiana.
    No. 2005-KH-2130.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Douglas, Willie Lee II; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 207,807; to the Court of Appeal, Second Circuit, No. 40363-KH.

Denied.


text:
    Jimmie Lynn MASSE-RICHARDSON v. Dr. Ricardo SAMUDIA, et al.
    No. 2006-C-1155.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Nichols, P. Hooper Dr. Ill; Preferred Professional Insurance Company;— Defendant(s); Applying for Writ of Certio-rari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. D, No. 2000-002004; to the Court of Appeal, Third Circuit, No. 05-987.

Denied.

VICTORY, J., would grant.


text:
    STATE ex rel. Rosean NEWSON v. STATE of Louisiana.
    No. 2006-KH-2005.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Newson, Rosean; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div. 0, No. 40407; to the Court of Appeal, Second Circuit, No. 41347-KH.

Denied. State v. McKinney, 406 So.2d 160, 161 (La.1981).


text:
    STATE of Louisiana v. Larry SURRATT and Cynthia Anderson.
    No. 2006-K-2100.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Anderson, Cynthia; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. A, No. 66,513FA; to the Court of Appeal, Third Circuit, No. 05-1406.

Denied.

CALOGERO, C.J., would grant.

KIMBALL, J., would grant.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Larry SURRATT and Cynthia Anderson.
    No. 2006-K-2102.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Surratt, Larry; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. A, No. 66,513F; to the Court of Appeal, Third Circuit, No. 05-1406.

Denied.

CALOGERO, C.J., would grant.

KIMBALL, J., would grant.

KNOLL, J., would grant.


text:
    STATE ex rel. Van LEONARD v. STATE of Louisiana.
    No. 2006-KH-2241.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Leonard, Van; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 02-286; to the Court of Appeal, Fifth Circuit, No. 05-KA-42.

Denied.


text:
    STATE ex rel. Demarcus WESTLEY v. STATE of Louisiana.
    No. 2006-KH-2242.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Westley, Demarcus; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. A, No. 02-159,501; to the Court of Appeal, First Circuit, No. 2006 KW 1035.

Denied.


text:
    STATE ex rel. Curley LYONS, Jr. v. STATE of Louisiana.
    No. 2006-KH-2251.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Lyons, Curley Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. F, No. 02-159-150; to the Court of Appeal, First Circuit, No. 2006 KW 0334.

Denied.


text:
    STATE ex rel. James ORMOND v. STATE of Louisiana.
    No. 2006-KH-2262.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Ormond, James; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 95-6288; to the Court of Appeal, Fifth Circuit, No. 06-KH-272.

Denied. Time-barred, not cognizable, and repetitive. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3 State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172, cf. La. C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Johnny E. TURNER v. STATE of Louisiana.
    No. 2006-KH-2264.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Turner, Johnny E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Sabine, 11th Judicial District Court Div. B, No. 60,494; to the Court of Appeal, Third Circuit, No.

Denied.


text:
    STATE ex rel. Albert C. WOODHEAD v. STATE of Louisiana.
    No. 2006-KH-2265.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Woodhead, Albert C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 00-3422; to the Court of Appeal, Fifth Circuit, No. 06-KH-574.

Denied.


text:
    STATE ex rel. Andrew PAYNE v. STATE of Louisiana.
    No. 2006-KH-2266.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Payne, Andrew; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-2560; to the Court of Appeal, Fifth Circuit, No. 06-KH-545.

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. Ted W. MOORE v. STATE of Louisiana.
    No. 2006-KH-2267.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Moore, Ted W.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, No. 03-F1747; to the Court of Appeal, Second Circuit, No. 40,-311-KA.

Denied.


text:
    STATE ex rel. Edward SIMMONS v. STATE of Louisiana.
    No. 2006-KH-2268.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Simmons, Edward; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 367-628; to the Court of Appeal, Fourth Circuit, No. 2006-K-0966.

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


text:
    STATE ex rel. Surge SHERMAN v. STATE of Louisiana.
    No. 2006-KH-2269.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Sherman, Surge; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 91-3507; to the Court of Appeal, Fifth Circuit, No. 06-KH-494.

Denied.


text:
    Ricky SEABERRY v. Hon. Jenifer W. CLASON, Richard L. Stalder, et al.
    No. 2006-CI-2270.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Seaberry, Ricky; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Claiborne, 2nd Judicial District Court Div. A, No. 37,183; to the Court of Appeal, Second Circuit, No. 41606-CW.

Denied.


text:
    STATE ex rel. Andrew SPENCER v. STATE of Louisiana.
    No. 2006-KH-2308.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Spencer, Andrew; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 00-3393; to the Court of Appeal, Fifth Circuit, No. 06-KH-591.

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. Terry Lynn BROOKS v. STATE of Louisiana.
    No. 2006-KH-2309.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Brooks, Terry Lynn; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. A, No. 14316; to the Court of Appeal, First Circuit, No. 2006 KW 0500.

Denied.


text:
    STATE ex rel. Arthur Ray ROBINSON v. STATE of Louisiana.
    No. 2006-KH-2310.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Robinson, Arthur Ray; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 184,910; to the Court of Appeal, Second Circuit, No. 41434-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; 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. Kirk BAHAM v. STATE of Louisiana.
    No. 2006-KH-2311.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Baham, Kirk; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 419-715; to the Court of Appeal, Fourth Circuit, No. 2006-K-1016.

Denied.


text:
    STATE ex rel. Brian MINTON v. STATE of Louisiana.
    No. 2006-KH-2312.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Minton, Brian; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, Nos. 296430, 296431; to the Court of Appeal, First Circuit, No. 2006 KW 0515.

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. Frederick JOHNSON v. STATE of Louisiana.
    No. 2006-KH-2313.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Johnson, Frederick; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, No. 27,875.

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. Marvin JOHNSON v. STATE of Louisiana.
    No. 2006-KH-2314.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Johnson, Marvin;- — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 02-0494; to the Court of Appeal, Fifth Circuit, No. 06-KH-375.

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. Chavis C. GRANT v. STATE of Louisiana.
    No. 2006-KH-2315.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Grant, Chavis C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 238,578; to the Court of Appeal, Second Circuit, No. 40,-894-KA.

Denied.


text:
    STATE ex rel. Robert GRANT v. STATE of Louisiana.
    No. 2006-KH-2316.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Grant, Robert; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 253-214.

Denied.

JOHNSON, J., would grant for reasons assigned in State v. Dick, 06-2223 (La.9/29/06), 937 So.2d 848.


text:
    STATE ex rel. Demarcus SMITH v. STATE of Louisiana.
    No. 2006-KH-2317.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Smith, Demarcus; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. H, Nos. 04-164084, 04-164496; to the Court of Appeal, First Circuit, No. 2006 KW 1218.

Denied.


text:
    STATE of Louisiana v. Kevin WALKER.
    No. 2006-KP-2460.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Walker, Kevin; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Allen, 33th Judicial District Court Div. A, No. CR20001286; to the Court of Appeal, Third Circuit, No. KW 06-00940.

Denied.


text:
    David Lewis STATEN, Jr. v. Bruce Edward BROWN.
    No. 2006-C-2545.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Staten, David Lewis Jr.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. D, No. 05-1839; to the Court of Appeal, Second Circuit, No. 41,-288-CA.

Denied.


text:
    STATE of Louisiana v. Toney CONVERSE.
    No. 2006-KP-2561.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Converse, Toney; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 01-2850; to the Court of Appeal, Fifth Circuit, No. 06-KH-633.

Denied.


text:
    STATE of Louisiana v. Dale Jefferson OVERSTREET.
    No. 2006-KP-2584.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Overstreet, Dale Jefferson; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Lasalle, 28th Judicial District Court Div. A, No. 72,510; to the Court of Appeal, Third Circuit, No. KW 06-00828.

Denied.


text:
    STATE of Louisiana v. James BROWN.
    No. 2006-KO-2627.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Brown, James; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. F, No. 04-F1627; to the Court of Appeal, Second Circuit, No. 41,-386-KA.

Denied.


text:
    STATE of Louisiana v. Courtney KIMBLE.
    No. 2006-KP-2638.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Kimble, Courtney; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. A, No. 94107; to the Court of Appeal, First Circuit, No. 2006 KW 1469.

Denied.


text:
    Matthew PINEDA v. James LEBLANC, Warden Dixon Correctional.
    No. 2006-KP-2645.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Pineda, Matthew; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, M24th Judicial District Court Div. M, No. 86-323; to the Court of Appeal, Fifth Circuit, No. 06-KH-655.

Denied.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. Arvel GURGANUS.
    No. 2006-KP-2655.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Gurganus, Arvel; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 01-430; to the Court of Appeal, Fifth Circuit, No. 06-KH-672.

Denied.


text:
    Arden WELLS, Petitioner In re Recusal of the Judges of the 21st Judicial District of Louisiana.
    No. 2006-OC-2678.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Wells, Arden; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. G, No. 2006-0002777.

Denied. Moot.


text:
    STATE of Louisiana v. Warren Todd DOSSMAN.
    No. 2006-KO-2683.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Dossman, Warren Todd; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Avoyelles, 12th Judicial District Court Div. A, Nos. 119,-707A, 120,850A; to the Court of Appeal, Third Circuit, No(s). 06-449, 06-450.

Denied.


text:
    STATE of Louisiana v. Michael Edward DORSEY.
    No. 2006-KO-2686.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Dorsey, Michael Edward; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 237,289; to the Court of Appeal, Second Circuit, No. 41,418-KA.

Denied.


text:
    STATE of Louisiana v. Carlos HERNANDEZ.
    No. 2006-KP-2784.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Hernandez, Carlos;' — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 87-984; to the Court of Appeal, Fifth Circuit, No. 06-KH-727.

Denied.


text:
    STATE of Louisiana v. Delmar BRADFORD.
    No. 2006-KP-2786.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Bradford, Delmar; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 416-359; to the Court of Appeal, Fourth Circuit, No. 2006-K-1320.

Denied.


text:
    STATE of Louisiana v. Daniel TAPIA.
    No. 2007-KK-0503.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Tapia, Daniel; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 439-251; to the Court of Appeal, Fourth Circuit, No. 2007-K-0080.

Denied.

JOHNSON, J., would grant.


text:
    Alan Ray ESCHER v. GEORGIA GULF CORPORATION, et al.
    No. 2007-CC-0511.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Georgia Gulf Corporation et al.; HydroChem Industrial Services Inc.; Grace, James Dr.; Smith, A. Trent; Var-nardo, Stephen I. Jr.; Truax, William L.; Master Maintenance and Construction Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. A, No. 53,491; to the Court of Appeal, First Circuit, No. 2006 CW 2329.

Denied.

TRAYLOR, J., would grant.


text:
    Howell ADDISON, et al. v. A.O. SMITH CORPORATION, et al.
    No. 2007-CC-0533.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Eutectic Corporation; Hobart Brothers Company; ESAB Group Inc.; A.O. Smith Corporation et al.; Lincoln Electric Company; TDY Industries; Viacom Inc.; Aireo, Inc.; BOC Group Inc. f/k/a; Praxair Inc.; Sandvik Inc.; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 05-9933; to the Court of Appeal, Fourth Circuit, No. 2006-C-1503.

Denied.

TRAYLOR, J., recused.


text:
    Robert BAYLES, et al. v. A.O. SMITH CORPORATION, et al.
    No. 2007-CC-0534.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Aireo Inc.; TDY Industries Inc.; Praxair Inc.; BOC Group Inc. f/n/a; ESAB Group Inc.; Hobart Brothers Company; Lincoln Electric Company; Sandvik Inc.; Viacom Inc.; A.O. Smith Corp. et al.; Eutectic Corp.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 2005-9932; to the Court of Appeal, Fourth Circuit, No. 2006-C-1504.

Denied.

TRAYLOR, J., recused.


text:
    Noah J. ANDRE, et al. v. A.O. SMITH CORPORATION, et al.
    No. 2007-CC-0535.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re ESAB Group Inc.; Hobart Brothers Company; Aireo. Inc.; Praxair Ine.; BOC Group Ine Wa; Lincoln Electric Company; TDY Industries Inc.; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, Nos. 04-873, 03-11573; to the Court of Appeal, Fourth Circuit, No. 2006-C-1502.

Denied.

TRAYLOR, J., recused.


text:
    Marvin W. BUXTON v. IOWA POLICE DEPT.
    No. 2007-C-0719.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Iowa Police Department; — Defendant; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 03, No. 04-05071; to the Court of Appeal, Third Circuit, No. 06-1389.

Denied.

TRAYLOR, J., would grant.


text:
    Lester EDWARDS v. PROCTER & GAMBLE MANUFACTURING.
    No. 2007-C-0739.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Edwards, Lester; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Comp. Dist. 02, No. 05-06471; to the Court of Appeal, Third Circuit, No. 06-1229.

Denied.


text:
    Dora Thompson BROWN, et al. v. RIVERLAND MEDICAL CENTER.
    No. 2007-C-0740.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Brown, Dora Thompson et al.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Concordia, 7th Judicial District Court Div. A, No. 37659; to the Court of Appeal, Third Circuit, No. 06-1449.

Denied.


text:
    Dr. Rick LACOMBE v. BANK ONE CORP. d/b/a Bank One, et al.
    No. 2007-C-0746.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re JP Morgan Chase Bank N.A. successor to Bank One; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. A, No. 20040904; to the Court of Appeal, Third Circuit, No. 06-1374.

Denied.


text:
    Patricia and Ronald FINN v. KEMPER INSURANCE COMPANY, Cintas Corporation, Nicholas Vaccaro and Greyhound Lines, Inc.
    No. 2007-C-0747.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Finn, Patricia et al.; Finn, Ronald; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Tangi-pahoa, 21st Judicial District Court Div. D, No. 2001-004149; to the Court of Appeal, First Circuit, No. 2006 CA 0253.

Denied.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. Michael Cody REED.
    No. 2007-KK-0748.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Reed, Michael Cody; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 05-05-0019; to the Court of Appeal, First Circuit, No. 2007 KW 0144.

Denied.


text:
    Kevin and Wayannita AUSTIN, Individually and on Behalf of Their Minor Daughter, Andrinika Austin v. STATE FARM INSURANCE COMPANY.
    No. 2007-C-0761.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Austin, Kevin et al.; Austin, Way-annita; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of St. Charles, 29th Judicial District Court Div. D, No. 62,581; to the Court of Appeal, Fifth Circuit, No. 06-CA-808.

Denied.


text:
    RAWBOE PROPERTIES, L.L.C., and Roger T. Boes v. Marc G. DORSEY, Dorsey & Bossetta, and Patrick R. Bossetta.
    No. 2007-C-0763.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Rawboe Properties L.L.C. et al.; Boes, Roger T.; Weigand, Richard A. APLC; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court- Div. F, No. 2001-02017; to the Court of Appeal, Fourth Circuit, No. 2006-CA-0070.

Denied.


text:
    Kitty JAMISON v. Joseph D’AMICO, III.
    No. 2007-C-0764.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Jamison, Kitty; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 99-12179; to the Court of Appeal, Fourth Circuit, No. 2006-CA-0842.

Denied.


text:
    HERFF JONES, INC. and Graduate Supply, Inc. v. Nettie Sue GIROUARD, et al.
    No. 2007-CC-0780.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Rabb, James; Grad Shoppe Inc.; Rabb, Warren; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. E, No. 20064331; to the Court of Appeal, Third Circuit, No. CW 06-01629.

Denied.


text:
    Terrell L. Arroyo, Wife of /and Lionel J. ARROYO, Sr. v. EAST JEFFERSON GENERAL HOSPITAL, Kenner Regional Medical Center, and Dr. Roland Leblanc.
    No. 2007-C-0784.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Kenner Regional Medical Center; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 601-391; to the Court of Appeal, Fifth Circuit, No. 06-CA-799.

Denied.


text:
    Elizabeth B. BLACK & Karen L. Brown v. Dequetta ANDERSON, Vonetta A. Brown, United Services Auto Insurance, ABC Insurance Company.
    No. 2007-C-0794.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Black, Elizabeth B. et al; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 615-553; to the Court of Appeal, Fifth Circuit, No. 06-CA-891.

Denied.


text:
    STATE of Louisiana v. Christon WASHINGTON.
    No. 2007-KK-0795.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Washington, Christon; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 06-587; to the Court of Appeal, Fifth Circuit, No. 07-K-153.

Denied.

CALOGERO, C.J., recused.


text:
    STATE of Louisiana v. Sean ELLIOT.
    No. 2007-KK-0796.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Elliot, Sean;- — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, Nos. W-06-9-324, W-06-9-325; to the Court of Appeal, First Circuit, No. 2007 KW 0124.

Denied.

CALOGERO, C.J., recused.


text:
    Elijah ARVIE v. SAFEWAY INSURANCE COMPANY OF LOUISIANA.
    No. 2007-C-0797.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Safeway Insurance Company of Louisiana; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Avo-yelles, 12th Judicial District Court Div. A, No. 2003-4828-A; to the Court of Appeal, Third Circuit, No. 06-1266.

Denied.


text:
    Beverly BURRELL v. The CONGREGATION OF ST. LUCY ROMAN CATHOLIC CHURCH, Houma, Louisiana.
    No. 2007-CC-0798.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Congregation of St. Lucy Roman Catholic Church, Houma, Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. C, No. 137-585; to the Court of Appeal, First Circuit, No. 2006 CW 2317.

Denied.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Robert WILLIAMS, II.
    No. 2007-KK-0799.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Williams, Robert II; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. D, Nos. 16309-04, 16296-04, 16297-04; to the Court of Appeal, Third Circuit, No. KW 07-00304.

Denied.

JOHNSON, J., would grant.


text:
    Christopher LACINAK v. ALLSTATE INSURANCE COMPANY/ENCOMPASS INSURANCE and Jay Corenset.
    No. 2007-C-0800.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Corenset, Jay; Encompass Insurance; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. D, No. 2004-16325; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1338.

Denied.


text:
    DIXIE SERVICES, L.L.C. v. R & B FALCON DRILLING USA, INC.
    No. 2007-C-0801.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Dixie Services L.L.C.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 49-418; to the Court of Appeal, Fourth Circuit, No(s). 2005-CA-1212, 06-CA-1209.

Denied.


text:
    Tiffany ADAMS v. Ruary O’CONNELL, M.D.
    No. 2007-CC-0824.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Adams, Tiffany; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. G, No. 01-17278; to the Court of Appeal, Fourth Circuit, No. 2006-C-0139.

Denied.

CALOGERO, C.J., would grant.

JOHNSON, J., would grant.


text:
    Jules MOITY v. FIREFIGHTERS’ RETIREMENT SYSTEM.
    No. 2007-C-0829.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Firefighters’ Retirement System; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 528,983; to the Court of Appeal, First Circuit, No. 2006 CA 0775.

Denied.


text:
    James Tye POOLE v. ELEVATING BOATS, L.L.C.
    No. 2007-C-0899.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Elevating Boats L.L.C.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 51-333; to the Court of Appeal, Fourth Circuit, No. 2006-CA-0890.

Denied.

VICTORY, J., would grant.

TRAYLOR, J., would grant.


text:
    STATE of Louisiana in the Interest of S.L.W., B.J.W. and J.R.W.
    No. 2007-CJ-0933.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Social Services, Department of; Louisiana, State of; Office of Community Services; — Plaintiffis); Applying for Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. J-04-037-D; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1560.

Denied.

TRAYLOR, J., would grant.


text:
    STATE of Louisiana v. Justin Joseph FONTENETTE.
    No. 2007-KK-0958.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Fontenette, Justin Joseph; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. E, No. 04-227958; to the Court of Appeal, Third Circuit, No. KW 07-00274.

Denied.


text:
    John and Jane DOE, et al. v. SACRED HEART CATHOLIC SCHOOL, et al.
    No. 2007-CC-1000.
    Supreme Court of Louisiana.
    June 1, 2007.
   In re Sacred Heart of Jesus Catholic School; Roman Catholic Church of the Archdiocese of New Orleans; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 1999-13971; to the Court of Appeal, Fourth Circuit, No. 2007-C-0274.

Denied.