author: COWART, Judge.

text:
    The CITY OF WINTER GARDEN, a municipal corporation of the State of Florida, Appellant, v. NORFLOR CONSTRUCTION CORPORATION, a Florida Corporation, Appellee.
    No. 80-346.
    District Court of Appeal of Florida, Fifth District.
    April 15, 1981.

      William E. Gnass, of Hadley, Gnass & McNabb, P. A., Winter Garden, for appellant.
    Ronald W. Sikes, and Welbaum, Zook, Jones & Williams, Orlando, for appellee.
   COWART, Judge.

Appellee, Norflor Construction Corporation, agreed to construct a city waste water treatment plant for appellant, the City of Winter Garden. Both the city and the city’s project engineer, Boyle Engineering Corp., had possession of records relating to the plant construction. When a dispute arose between the appellant city and the appellee construction company, appellee made a demand on the city to inspect all public records of the city relating to the plant construction. Appellee was shown and inspected certain city records at the city hall. Appellee demanded that the city produce further records including the records in possession of Boyle and, not receiving them, petitioned the circuit court, which issued an alternative writ of mandamus ordering the city to produce all public records relating to the construction project, including those in possession of Boyle. Boyle was not made a party to this proceeding. On January 10,1980, the city produced all other records in its possession but not those in possession of Boyle. After a hearing the trial court rendered a final judgment granting a peremptory writ of mandamus and entering an award of attorney’s fees against appellant. The city appeals.

After rendition of the final judgment ap-pellee caused subpoenas duces tecum to be issued and served upon Boyle Engineering Corp. and its employees Fritz and Upington, who successfully petitioned this court for a writ of certiorari quashing the subpoenas because they were not parties to the mandamus proceeding. Fritz v. Norflor Const. Co., 386 So.2d 899 (Fla. 5th DCA 1980). Fritz directs the disposition of this appeal.

Mandamus is an extraordinary writ and discretionary remedy and should not be granted when it will achieve no beneficial result such as when the act sought to be compelled has been performed. See, e. g., Scarborough v. State, 262 So.2d 674 (Fla. 1972); Johnson v. Prosecuting Attorney for the Court of Record, 233 So.2d 377 (Fla. 1970); State ex rel. Lloyd v. City of Ft. Pierce, 206 So.2d 251 (Fla. 4th DCA 1968); Phillips v. State, 182 So.2d 46 (Fla. 1st DCA 1966); State ex rel. Mann v. Burns, 109 So.2d 195 (Fla. 1st DCA 1959).

Although mandamus actions against municipal and private corporations have been permitted, writs of mandamus are essentially personal actions directed to particular persons in their official capacity for the purpose of compelling recalcitrant officials to perform clear legal duties. This conceptual theory suggests that the original mandamus action would have more appropriately been brought against the persons having actual custody of the desired records. In this case that would have led to naming as respondents the city manager and Fritz and Upington or other individual employees of Boyle having actual possession of the desired records. Section 119.011(2), Florida Statutes (1979), defining “agency” is consistent with this theory. Service of process on the particular persons required to perform the duty gives them a right to be heard, subjects them to the jurisdiction of the court, and facilitates enforcement of the court’s, authority. In this case such adherence to theory, would have eliminated the need for the review in Fritz and, perhaps, for this appeal.

Since neither Boyle nor its employees were parties to the mandamus proceeding both the alternative and peremptory writs erroneously related to records in Boyle’s possession. Fritz. The city produced all relevant records in its possession forthwith when served with the alternative writ. Therefore the peremptory writ was unnecessary and should not have issued.

The award of attorney’s fees against appellant under section 119.12, Florida Statutes (1979), should not include payment for services incurred in appellee’s efforts in this cause to obtain records in Boyle’s possession but should be limited to reasonable attorney’s fees for necessary legal services performed leading to the full production on January 10, 1979, of all relevant public records in the possession of the city and should not include payment for legal services rendered thereafter in the trial court or on appeal. This cause is remanded for reassessment of attorney’s fees, the peremptory writ of mandamus is quashed and the final judgment is

REVERSED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

      . See generally Goodrich & Cone, Mandamus in Florida, 4 U.Fla.L.Rev. 535 (1951).


source: Caselaw Access Project

author: SHARP, Judge.

license: Public Domain

text:
    Alonzo BROWN, Appellant, v. STATE of Florida, Appellee.
    No. 80-614.
    District Court of Appeal of Florida, Fifth District.
    April 15, 1981.
    James B. Gibson, Public Defender, and Mary Sue Donsky, Asst. Public Defender, Daytona Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Day-tona Beach, for appellee.
   SHARP, Judge.

This is an appeal from a judgment of conviction and sentence entered by the Circuit Court for Marion County, Florida. The public defender has filed an Anders motion and brief, requesting leave to withdraw as counsel for appellant and representing to this Court that no reversible error appears. On August 21, 1980, this Court gave the Appellant thirty (30) days within which to file a brief in his own behalf. No such brief has been filed. This Court has reviewed the brief and the Record herein and no reversible error appears. The motion of the Public Defender to withdraw is hereby granted, and the judgment of conviction and the sentence are hereby affirmed.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur.

      . Anders v. California, 386 U.S 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


text:
    Jimmy Lee GLENN, Appellant, v. STATE of Florida, Appellee.
    No. 80-848.
    District Court of Appeal of Florida, Fifth District.
    April 15, 1981.
    James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Day-tona Beach, for appellee.
   SHARP, Judge.

This is an appeal from a judgment and sentence entered by the Circuit Court for Brevard County. The public defender has filed an Anders motion and brief, requesting leave to withdraw as counsel for appellant and representing to this Court that no reversible error appears. On October 3, 1980, this Court gave the Appellant thirty (30) days within which to file a brief in his own behalf. No such brief has been filed. The Court has reviewed the brief and the record herein and no reversible error appears. The Motion of the public defender to withdraw is hereby granted, and the judgment and sentence is hereby affirmed.

AFFIRMED.

FRANK D. UPCHURCH, Jr., and CO-WART, JJ., concur.

      . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


author: FRANK D. UPCHURCH, Jr., Judge.

text:
    Wilda DYKES, Appellant, v. Kenneth A. DYKES, Appellee.
    No. 80-997.
    District Court of Appeal of Florida, Fifth District.
    April 15, 1981.

      T. Michael Woods of Segal, Woods & Stone, Orlando, for appellant.
    No appearance for appellee.
   FRANK D. UPCHURCH, Jr., Judge.

The wife appeals from a final judgment of dissolution of marriage which awarded her lump sum alimony of $25,000 but provided that this award could be satisfied by the husband’s returning the wife’s furniture to her which he had in his possession.

While at first blush it appears that the trial judge has made a rather obvious error, we have concluded that he was probably aware that it did not qualify as a lump sum award. We believe he labeled it as such as a device to persuade husband to return wife’s furniture to her expeditiously and without damage. While we acknowledge and admire his ingenuity, we cannot approve the procedure.

Lump sum alimony may be awarded as follows:

[T]o ensure an equitable distribution of property acquired during the marriage, provided the evidence reflects (1) a justification for such lump sum payment and (2) financial ability of the other spouse to make such payment without substantially endangering his or her economic status.

Canakaris v. Canakaris, 382 So.2d 1197, 1201 (Fla.1980). The requirement that the lump sum award be paid by returning property which the parties agreed belonged to the wife was not proper. Canakaris. See also Duncan v. Duncan, 379 So.2d 949 (Fla. 1980); Kirchman v. Kirchman, 389 So.2d 327 (Fla. 5th DCA 1980). However, we cannot determine whether the trial court based its award of lump sum alimony in the amount of $25,000 because of the availability of the furniture to husband as an asset. We therefore must remand to the trial court to reconsider the alimony question based on the criteria enumerated in Cana-karis.

The alimony provision of the judgment is reversed and remanded for reconsideration by the trial court.

DAUKSCH, C. J., and COWART, J., concur.


author: DOWNEY, Judge.

text:
    Anthony RIZZO and 1978 Sea Ray, SERF 127909-77-300-SB-512-8; FL 1418DL, Appellants, v. STATE of Florida, ex rel. CITY OF POMPANO BEACH, for the use and benefit of Pompano Beach Police Department, Appellee.
    No. 78-1843.
    District Court of Appeal of Florida, Fourth District.
    April 15, 1981.
    Rehearing Denied May 13,1981.

      Stuart A. Tarlowe of Glass, Rastatter, Stark & Tarlowe, Fort Lauderdale, for appellants.
    Jim Smith, Atty. Gen., Tallahassee, and Glenn H. Mitchell and Russell S. Bohn, Asst. Attys. Gen., West Palm Beach, for appellee.
   ON MOTION FOR REHEARING

DOWNEY, Judge.

On March 12, 1980, we issued an opinion reversing a final judgment that ordered forfeiture of the marine vessel involved in this cause. In that opinion we held that the circuit court should have granted a motion to suppress marijuana seized by the police. The State of Florida, on the relation of the City of Pompano Beach, for the use and benefit of the Pompano Beach Police Department, filed a timely motion for rehearing. We hereby grant that motion, withdraw the opinion issued March 12,1980, and issue the following opinion affirming the judgment of forfeiture.

This litigation began in July 1978 when the Broward County State Attorney (pursuant to Sections 943.11 — 943.44, Florida Statutes (1977)), on behalf of the Pompano Beach Police Department, filed a petition for a rule to show cause why a specifically described marine vessel should not be forfeited to the department because the vessel had'been used for the purpose of trafficking in marijuana on April 7, 1978. The petition and the undisputed evidence show that ownership of the vessel was in Anthony Rizzo, who had given as his address the address of the boatyard where he had purchased the vessel.

Pursuant to Section 943.44(2) and the motion of the State, the circuit court appointed counsel to represent Rizzo (who could not be found after a diligent search) and the vessel in the forfeiture proceeding. Defense counsel filed, on various grounds, a motion to suppress “a quantity of marijuana,” presumably marijuana the police, without a search warrant, had seized from the vessel and from a dwelling.

The court held its hearing on the motion to suppress simultaneously with the final hearing on the merits of the petition for forfeiture. During the combined proceedings only the State offered evidence; defense counsel offered no evidence whatsoever as to the motion to suppress aspect or as to the forfeiture aspect of the combined proceedings. At the end of the combined proceedings the court entered a final order and judgment that denied the motion to suppress and ordered forfeiture of the vessel described in the State’s petition.

Appellants seek reversal on the grounds that the court should have: (a) granted, for various reasons, the motion to suppress; (b) denied the petition for forfeiture, for insufficient evidence; (c) dismissed the petition for forfeiture, because of insufficient allegations. None of the contentions has merit.

As we indicated above, the defense failed to show that Anthony Rizzo had any interest in the dwelling from which large quantities of marijuana had been seized. What is more, the evidence the State adduced shows that Rizzo gave a boatyard as his address. We therefore conclude that defense counsel did not establish that Rizzo had an expectation of privacy in the dwelling (Russell v. State, 270 So.2d 462 (Fla. 3rd DCA 1972); Coster v. State, 392 So.2d 16 (Fla. 3rd DCA 1981)), and hold that the defense failed to show Rizzo had standing to attack the search of the dwelling. The circuit court’s denial of the motion to suppress was therefore correct. State v. Muzevsky, 388 So.2d 21 (Fla. 4th DCA 1980).

We further hold that the State’s unobjected to proof that marijuana was transferred from the vessel to the dwelling clearly supports the circuit court’s conclusion that the vessel was illegally trafficking in marijuana and therefore properly subject to forfeiture. See Kiddy v. State, 378 So.2d 1332 (Fla. 4th DCA 1980); Burris v. Bowe’s Funeral Home, Ltd., 204 So.2d 257, 259 (Fla. 2d DCA 1967).

Rizzo, because he was the apparent owner of the vessel, did have standing to question the propriety of the seizure of marijuana from the vessel. However, the warrantless seizure of the marijuana from the vessel was reasonable because, as the circuit court found, the officers involved in the seizure reasonably believed that “an illegal drug operation was taking place” in their presence; they therefore had grounds to arrest the individuals they reasonably believed were committing a felony. Section 901.15(3), Florida Statutes (1977).

The evidence supporting the foregoing finding of the circuit court was the unre-butted testimony the officers gave during the combined proceedings. In material part, Officer Lynch testified that his experience with marijuana transactions led him to conclude that numerous bales, which numerous persons carried from the vessel in question to a house, contained marijuana; Lynch passed his conclusion on to the officer in charge of the surveillance of the vessel and the house; and on the basis of Lynch’s information the officer in charge ordered his men to arrest the persons engaged in carrying the bales from the boat to the house. Two of the persons involved in bale carrying were outside the house at the time the officers began the arrest process. An officer identified himself and told the two men to freeze; that they were under arrest. One person, Joseph Rivera, stayed where he was; the other person (who was not identified) went back into the house. The police followed and arrested that person and three others inside the house. When they got into the house they saw marijuana bales and loose marijuana in plain view. On authority of Albo v. State, 379 So.2d 648 (Fla.1980), we hold that the foregoing evidence was sufficient to support the circuit court’s conclusion that the arrests and seizures in this case were lawful. Pursuant to those lawful arrests, the officers could properly seize the marijuana bales (which were in plain view) from the vessel.

In Aibo an officer saw a motor home van (driven by the defendant) commit traffic violations. He also saw that the back end of the motor home was weighted down. When the motor home pulled into a parking lot, the officer and his companion asked for the defendant’s license and registration. Defendant had no registration. When one officer went to the front windshield to look for the vehicle identification number, he saw 35 to 40 bales stacked in the motor home. They were square and wrapped in burlap and plastic. From his two and one-half years’ experience in narcotics investí-gation, the officer knew the bales “to be marijuana.” 379 So.2d at 649. The officers issued traffic citations and arrested defendant for possession of marijuana. After the arrest one office took the defendant’s keys, entered the vehicle, and confirmed that the bales were marijuana. Defendant was convicted of possession of more than 100 pounds of marijuana, and he appealed to the Supreme Court, since the trial court ruled on the constitutionality of the marijuana statute. The court held the statute was constitutional and that the observation of the bales provided probable cause for the defendant’s arrest (on the grounds that an offense was being committed in the officers’ presence) and immediate seizure of the marijuana.

Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), does not require a holding that the arrests on the vessel (and the seizures incident thereto) were unlawful, since Payton concerned arrests in homes, not other places. See United States v. Ponce, 488 F.Supp. 226 (S.D.N.Y.1980).

For the foregoing reasons we affirm the final order denying the motion to suppress and directing forfeiture of the appellant marine vessel.

AFFIRMED.

ANSTEAD and HERSEY, JJ., concur.


author: CALOGERO, Justice. DIXON, Chief Justice

text:
    RAMSEY RIVER ROAD PROPERTY OWNERS ASSOCIATION, INC. v. Charles E. REEVES et al.
    No. 80-C-2261.
    Supreme Court of Louisiana.
    March 2, 1981.
    Rehearing Denied April 17, 1981.

      Perrin C. Butler, New Orleans, James D. Johnson, for defendants-applicants.
    J. Arthur Smith, III, Frederick W. Ellis, Baton Rouge, for plaintiff-respondent.
   CALOGERO, Justice.

By this suit plaintiff, a non-profit property owners association, seeks to enjoin the construction of a bridge which defendants propose to build across the Bogue Falaya River at a point approximately four miles north of Covington, Louisiana. They allege that the river is navigable at that location.

Defendants filed peremptory exceptions of no right of action, no cause of action and failure to join indispensable parties. The trial court overruled the exceptions and, following trial on the merits, rendered judgment that the river was navigable at the site of the proposed bridge, and issued an injunction prohibiting defendants’ construction “until such time as they have fully complied with the laws, rules, regulations and ordinances of the Federal Government, the State of Louisiana and the Parish of St. Tammany governing the construction of any structure over a nevigable (sic) waterway.” Defendants appealed to the First Circuit Court of Appeal which affirmed the trial court. 387 So.2d 1194 (La.App. 1st. Cir. 1980). By application to this Court, defendants challenge the finding of navigability and continue to assert that plaintiff association does not have standing to bring this suit. We granted certiorari to consider these matters. 394 So.2d 605 (La.1980).

Our initial inquiry concerns the issue of standing. It is axiomatic that a plaintiff must have a “real and actual interest” in the action he asserts before the courts will entertain his suit. C.Civ.P. art. 681. Louisiana Revised Statute 12:201 et seq. provides for the formation of non-profit corporations. Among the powers of such corporations is the right to sue in the corporate . name. R.S. 12:207 B(3). Thus, the fact that the plaintiff is a non-profit corporation does not bar the suit if the plaintiff corporation demonstrates that it possesses the requisite “real and actual interest” in the litigation it files.

Recently we decided Louisiana Hotel-Motel Association Inc., et a 1. v. Parish of East Baton Rouge, et al., 385 So.2d 1193 (La.1980), and held that those plaintiffs failed to show standing to prosecute the lawsuit. Our examination of standing was aided by the criteria set forth in Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977). The criteria which must be met before an association can bring a suit on behalf of its members are: (1) the members would otherwise be able to bring the suit in their own right, (2) the interests the association seeks to protect are pertinent to its purpose and (3) neither the claim asserted by the association nor the relief sought requires the participation of individual members in the lawsuit. La. Hotel-Motel Association, Inc., supra, 385 So.2d at 1197.

The plaintiff association is composed of property owners in the vicinity of the proposed bridge. Some of these members own property adjacent to the Bogue Falaya River. Riparian property would be subject to whatever harmful effects might result from an obstruction in the river. Under these circumstances, individual members of the association could institute the suit in their individual capacities.

The Articles of Incorporation of Ramsey River Road Property Owners Association, Inc., set forth the purposes of the organization among which are:

“ ... to perform or have performed studies of the environmental impact, of the costs and benefits, and of the legalities of proposed facilities; to institute, defend, or participate in appropriate legal, administrative, or other proceedings to serve the above purposes or to seek protection of the environment and compliance with all laws and regulations related to matters affecting it: ...”

The instant suit is consistent with the expressed purposes of the organization.

Finally, the participation of the individual members of the association is not necessary for a proper adjudication of the navigability and injunction issues. While individual members, singly or as multiple plaintiffs, could have pursued this litigation, there is no impediment to the suit in its present posture.

Relators rely upon the decision of the Fourth Circuit in Save Our Wetlands, Inc. v. Werner Brothers, Inc., 372 So.2d 231 (La. App. 4th Cir. 1979), in which that court found that the non-profit corporate plaintiff lacked standing to sue. The essential fear expressed in that case is unrelated to the realities here for in this case the members of the association are not hiding behind a corporate shield. The membership list of the association was given to relators in discovery and was filed into evidence during the trial. Ramsey River Road Property Owners Association, Inc., is not a group of anonymous people. Members of the group testified at trial that they use the area for recreational purposes and that their property abuts the river. Under the analysis of the Hotel-Motel Association case, plaintiff Association has demonstrated its real and actual interest in the subject matter of the litigation.

In an earlier case, Garden District Property Owners Association v. City of New Orleans, et al., 98 So.2d 922 (La.App. 4th. Cir. 1957), cert. den. 1958, the Fourth Circuit used an analysis similar to that of the Hotel-Motel Association case to find that an association of property owners had standing to sue to enjoin the city from issuing a certificate of occupancy for nonconforming use in violation of municipal zoning ordinances. In Garden District the court stressed that the purposes of the association stated that it was chartered to encourage and procure the enforcement of zoning ordinances.

Ramsey River Road Property Owners Association has standing to bring this lawsuit. Defendant’s exceptions contesting that right are without merit. The exceptions were properly overruled.

Plaintiff predicated its suit on the premise that the Bogue Falaya River is navigable and that defendants may not construct a bridge over a navigable stream without first complying with procedures established by the state and federal governments because the bed and water of navigable waterways is owned by the state, while control of the water, for purposes of navigation, vests in the federal government. Both sovereigns thus have interests in navigable waterways.

Louisiana’s ownership of the beds and waters of the navigable waterways within the state is by virtue of the Equal Footing Doctrine. Our inquiry regarding the navigability of the Bogue Falaya River must therefore focus upon the status of the river in 1812, the year Louisiana entered the Union, and the means of navigation available at that time, because navigability to fix ownership of the river bed is determined by the year of admission to statehood for states other than the original thirteen. United States v. Appalachian Electric Power Co., 311 U.S. 377, 61 S.Ct. 291, 85 L.Ed. 243 (1941).

Concerning navigability, the United States Supreme Court and this Court have said that rivers are navigable in law if they are navigable in fact and rivers are navigable in fact if they are capable of being used for commercial purposes.

“ . .. the true test of the navigability of a stream does not depend on the mode by which commerce is, or may be, conducted, nor the difficulties attending navigation. If this were so, the public would be deprived of the use of many of the large rivers of the country over which rafts of lumber of great value are constantly taken to market.
“It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes of commerce, no matter in what mode the commerce may be conducted, it is navigable in fact and becomes in law a public river or highway.” The Monteilo, 87 U.S. 430, 441, 442, 20 Wall. 430 [22 L.Ed. 391] (1874).
“Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.” The Daniel Ball, 77 U.S. 557, 563, 10 Wall. 557 [19 L.Ed. 999] (1870).
“The rule laid down by the Supreme Court of” the United States is that streams and lakes which are navigable in fact are deemed navigable in law, and that they are navigable in fact when they are used or susceptible of being used in their natural and ordinary condition as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. The Daniel Ball v. United States, 10 Wall. (77 U.S. 557, 566, 19 L.Ed. 999; United States v. The Monteilo, 20 Wall. (87 U.S.) 430-445, 22 L.Ed. 391; United States v. Cress, 243 U.S. 316, 323, 37 S.Ct. 380 [383], 61 L.Ed. 746; Economy Light and Power Co. v. United States, 256 U.S. 113, 121, 41 S.Ct. 409 [412], 65 L.Ed. 847; Oklahoma v. Texas, 258 U.S. 574, 586, 42 S.Ct. 406 [411], 66 L.Ed. 771; Brewer-Elliott Oil & Gas Co. v. United States, 260 U.S. 77, 43 S.Ct. 60, 67 L.Ed. 140. The same rule with regard to navigable waters of the state, as contradistin-guished from the navigable waters of the United States, has been observed in the decisions of this court. Goodwill v. Police Jury of Bossier Parish, 38 La.Ann. 752; Burns v. Crescent Gun & Rod Club, 116 La. 1038, 41 So. 249; Board of Commissioners of Caddo Levee District v. Glassel, 120 La. 400, 45 So. 370; Delta Duck Club v. Barrios, 135 La. 357, 65 So. 489; Smith v. Dixie Oil Co., 156 La. 691, 101 So. 24.” State v. Sweet Lake Land & Oil Co., 164 La. 240, 113 So. 833 (1927).

Furthermore,

“Navigability, in the sense of the law, is not destroyed because the watercourse is interrupted by occasional natural obstructions or portages; nor need the navigation be open at all seasons of the year, or at all stages of the water.” Economy Light and Power Co. v. United States, 256 U.S. 113, 41 S.Ct. 409, 65 L.Ed. 847 (1921).

Our inquiry into the navigability of the Bogue Falaya River is aided by a case decided by this Court many years ago. Ingram v. Police Jury of St. Tammany, 20 La.Ann. 226 (1868), also concerned efforts to halt construction of a bridge at approximately the same location as the one at issue in the instant case. Our opinion in Ingram quotes testimony introduced at the trial of that case:

Captain John Thompson, testified:

“ ‘He is the captain of the steamer Aurora, running from the Sulphur Spring to New Orleans, carrying bricks: The Sul-phur Spring is on the Bayou Falia river in the parish of St. Tammany. This Steamer runs above that point and place to the brick-yard of plaintiff. The Aurora carries 20,000 bricks; her tonnage is forty-five tons registered; where the brickyard is, the channel is about twenty feet wide in low-water, and about thirty feet in high-water; the draft of this boat is four feet loaded; he has been running this boat a month and has made regular trips from the brick-yard to the Basin in New Orleans; from his knowledge of this river, it is navigable between the two points mentioned for vessels and small size steamers that usually navigate Lake Ponchartrain; the bricks are manufactured for a company in New Orleans and Mr. Ingram is the foreman. Witness had already made in October, 1867, three trips, and was on his fourth; had carried between 17,000 and 18,000 bricks in low-water; there is ebb and flow in the river up to the brickyard; generally twice a day ebb and flow; the length of the Aurora is ninety feet, breadth fourteen feet three inches.’
“It appears from the testimony of other witnesses, that this Bayou Falia has often gone over the bridge, which was carried away; that at the place of the bridge, the waters of the Bayou Falia have risen from low-water-mark, to about twenty feet perpendicular in a freshet. This Bayou Falia empties into the Tche-functa river, and the latter into Lake Ponchartrain.
* * * * * *
“Upon the whole, we are of opinion that this river Falia is navigable in the intendment of the law, .... ” 20 La. Ann. at 227, 228.

The site of defendant’s proposed bridge is admittedly a short distance (about three miles) upstream from the location determined to be navigable in Ingram. However, there are indications in the record before us that, as is the case at the present time, in 1812 there was no substantial difference in the nature of the river at the respective locations. For instance, there was trial testimony that in the nineteenth century lumbering operations were carried on in the vicinity of defendant’s proposed bridge and that the lumber was floated down the Bogue Falaya to Covington. Testimony to the same effect is found in Ingram, the record of which was introduced into evidence in the instant case.

We conclude that the district court and the Court of Appeal were correct in determining that the Bogue Falaya River at the point where defendants propose to build a bridge was navigable in fact at the time Louisiana was admitted to the Union and thus a public waterway then and today. The injunction was properly granted.

Decree

Accordingly, we affirm the judgment of the Court of Appeal.

AFFIRMED.

DIXON, C. J., dissents with reasons.

DIXON, Chief Justice

(dissenting).

I respectfully dissent, for two reasons.

First, this is an injunction suit to stop the construction of a bridge without prior compliance with federal, state, etc. laws and regulations.

There seems to be nothing in the record about federal requirements except a finding by the Coast Guard that this body of water is not and was not navigable, and that it will require no steps to be taken before the construction of the bridge.

If there are no governmental requirements for the construction of a bridge over this stream, this injunction could be pure harassment.

Second, the stream does not seem to be navigable now, and was not navigable, according to the record, in 1812. The majority finds only one evidentiary basis for holding the Bogue Falaya navigable — that sawmill and logging operations were carried on above this bridge site sometime in the 19th century, and the “lumber” was floated downstream. The same source for that finding (Ingram v. Police Jury of the Parish of St. Tammany, 20 La.Ann. 226 (1868)), also discloses that logs or lumber could only be floated downstream at this point by opening floodgates in a dam constructed to raise the water level enough for logs to float. I did not know that a two foot high man-made dam could make a shallow stream navigable in perpetuity.

      . Port of Seattle v. Oregon & Washington Railroad Co., 255 U.S. 65, 41 S.Ct. 237, 65 L.Ed. 500 (1921).

      . New states are admitted to the Union on an equal footing with the original thirteen. Pollard et al. v. Hagan et al., 44 U.S. 212, 3 How. 212, 11 L.Ed. 565 (1845). When the Revolution occurred, each state became sovereign and acquired the ownership of navigable waters in the state and the soils under them. Martin v. Wad-dell’s Lessee, 41 U.S. 367, 16 Peters 367, 10 L.Ed. 997 (1842).

      . In federal jurisprudence, once a waterway is found to be navigable, it remains so. Economy Light & Power Co., supra.


author: PER CURIAM.

text:
    HERLITZ CONSTRUCTION COMPANY, INC. v. HOTEL INVESTORS OF NEW IBERIA, INC. et al.
    No. 81-C0231.
    Supreme Court of Louisiana.
    March 30, 1981.
   PER CURIAM.

Granted. Plaintiff filed a petition for damages incurred as a consequence of defendants’ failure to make timely payments under a construction contract. Defendants filed an exception of no cause of action, contending that the only item of damages recoverable for the failure to perform timely an obligation to pay money is interest. The trial court overruled the exception.

Defendants then applied for supervisory writs. The court of appeal denied, stating:

“Writs denied. This Court will not exercise its supervisory jurisdiction save in cases where there is palpable error in the ruling complained of, and then only if irreparable injury will ensue. No such showing being made, the application is denied.”

A court of appeal has plenary power to exercise supervisory jurisdiction over district courts and may do so at any time, according to the discretion of the court. In cases in which peremptory exceptions are overruled, appellate courts generally do not exercise supervisory jurisdiction, since the exceptor may win on the merits or may reurge the exception on appeal.

This general policy, however, should not be applied mechanically. When the overruling of the exception is arguably incorrect, when a reversal will terminate the litigation, and when there is no dispute of fact to be resolved, judicial efficiency and fundamental fairness to the litigants dictates that the merits of the application for supervisory writs should be decided in an attempt to avoid the waste of time and expense of a possibly useless future trial on the merits. See Mangin v. Auter, 360 So.2d 577 (La.App. 4th Cir. 1978).

Here, the exception is arguably meritorious, and since there are no disputed facts and the maintaining of the exception would terminate the litigation, it is appropriate for the court of appeal to decide the merits of the application. Accordingly, the writ is granted, and the case is remanded to the court of appeal for a decision on the merits of the application.

      . To reason that there is no irreparable injury is to decide that relator has no right to appeal under C.C.P. art. 2083. (In that context irreparable injury occurs if any error in the ruling cannot as a practical matter be corrected on appeal. For example, once the trial court overrules an exception to the venue and the case is tried on the merits in the wrong venue, an appellate court has no practical means of correcting the error on appeal.) If appellate courts have appellate jurisdiction over interlocutory judgments which cause irreparable injury, then the courts’ supervisory jurisdiction logically extends to interlocutory judgments that do not cause irreparable injury.


author: LEMMON, Justice,

text:
    CITY OF BATON ROUGE v. Sarah EVANS.
    No. 81-K-0924.
    Supreme Court of Louisiana.
    April 8, 1981.
   In Re: City of Baton Rouge, through the City Attorney, Ralph Tyson, applying for Writs of Certiorari, Mandamus, Prohibition, Mandamus and Stay Order, Parish of E. Baton Rouge.

Denied. This Court will not interfere with the orderly trial of a case to review a ruling of the trial judge on the admissibility of evidence except on a clear showing of unmistakable error and the probability of great injustice as a result.

LEMMON, Justice,

concurs on the showing made in this application.

As to relator’s concern over the effect on other similar prosecutions, relator may obtain a pretrial ruling on the admissibility of the certificate and seek review if the ruling is adverse.


author: DENNIS, Justice,

text:
    STATE of Louisiana v. Gregory SMITH.
    No. 67511.
    Supreme Court of Louisiana.
    April 14, 1981.
   DENNIS, Justice,

dissenting.

I respectfully dissent, 392 So.2d 454.

In concluding that the defendant has the burden of proving lack of probable cause for Kelly’s arrest the majority has misapplied this court’s rule governing challenges to search warrants to the instant case involving a warrantless arrest. In State v. Bouffanie, 364 So.2d 971 (La.1978) and State v. Williams, 385 So.2d 214 (La.1980), we applied the procedure and burden of proof governing challenges to the truthfulness of factual statements in a search warrant affidavit, see Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to challenges to search warrants based in necessary part upon an alleged illegal confession, and held that the defendant must establish by a preponderance of the evidence that the confession used to obtain the search warrant was involuntary. This is because the defendant has the burden of overcoming the rebuttable presumption of the validity of an affidavit supporting a search warrant. Franks v. Delaware, supra; State v. Melson, 284 So.2d 873 (La. 1973); State v. George, 273 So.2d 34 (La. 1973); State v. Anselmo, 260 La. 306, 256 So.2d 98 (1971). The rule clearly is not applicable in the present case because the officers arrested Kelly and seized evidence without a warrant. The state was not entitled to a presumption of validity once it had been shown that the officers acted without a warrant. The state has the burden of proving that a warrantless search or seizure is justified under one of the narrow exceptions to the warrant requirement. State v. Franklin, 353 So.2d 1315 (La.1977). Otherwise, a defendant, such as the one in the present case, is placed in the impossible position of proving a double negative, that the search or seizure did not come within an exception to the warrant requirement and that the officers’ action was not based on probable cause.

I also disagree with the majority’s statement that State v. Brown, 387 So.2d 567 (La.1980) is not to be given retroactive effect. See State v. Friddle, 396 So.2d 1242 (La.1981) (Dennis, J., dissenting).


text:
    STATE of Louisiana v. Benjamin A. BERRY.
    No. 66060.
    Supreme Court of Louisiana.
    April 14, 1981.
   DENNIS, Justice,

concurring in part and dissenting in part on original hearing.

I respectfully concur in affirming the conviction and dissent from affirmance of the death penalty, 391 So.2d 406. The trial court committed reversible error in the sentencing hearing by allowing the prosecuting attorney in closing argument to appeal to the fear and passion of the jury and to invite the jury to denigrate its responsibility in deciding whether death is the appropriate penalty because of this court’s appellate review.


text:
    STATE of Louisiana v. Kenneth OGDEN and Benjamin Geraghty.
    No. 67608.
    Supreme Court of Louisiana.
    April 14, 1981.
   DENNIS, Justice,

concurring.

I respectfully concur, 391 So.2d 434. I believe that paragraph one of the affidavit contained sufficient trustworthy hearsay information to establish probable cause. See Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964). The information in paragraphs 2, 3, and 4 of the affidavit added nothing to the determination of probable cause.


text:
    STATE of Louisiana v. Jesse C. POWELL.
    No. 67401.
    Supreme Court of Louisiana.
    April 14, 1981.
   DENNIS, Justice,

dissenting.

I respectfully dissent, 391 So.2d 1119, believing that assignments of error numbers one and three relative to the admission of photographs and the presumption of intent present reversible merit and at least deserve docket treatment.


text:
    STATE of Louisiana v. Albert PEREA.
    No. 81-K-0239.
    Supreme Court of Louisiana.
    Feb. 13, 1981.
   In re State of Louisiana through the District Attorney, Samuel C. Cashio, applying for remedial writ. Parish of West Baton Rouge. No. 86431.

Writ denied.

MARCUS, J., would grant the writ.


text:
    STATE of Louisiana ex rel., Larry D. PARIS and Dominick Villafranko v. DISTRICT ATTORNEY FOR the PARISH OF JEFFERSON and Clerk of Court, 24th Judicial District Court, Parish of Jefferson, et al.
    No. 80-KH-2748.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
    As Amended Feb. 11, 1981.
   In re Larry D. Paris and Dominick Villa-franko, applying for writ of mandamus. Parish of Jefferson. No. 802963.

Denied. It appears there are no detain-ers on relators, and the application is moot.


text:
    Maureen T. Casey, wife of Keith M. CASEY v. Keith M. CASEY.
    No. 80-C-2867.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Keith M. Casey, applying for supervisory remedial writs. Parish of Jefferson. No. 164-784.

Denied.


author: LEMMON, J.,

text:
    Gloria Powers THOMAS v. James Alexander THOM, IV.
    No. 80-C-2563.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Gloria Powers Thomas, applying for writs of certiorari, mandamus, and prohibition, to the Family Court. Parish of East Baton Rouge. No. 27099.

Granted. Case is remanded to district court for reconsideration in light of Borde-lon v. Bordelon, 390 So.2d 1325 (La.1980).

MARCUS and WATSON, JJ., dissent, being of the opinion that there is an adequate remedy by appeal.

LEMMON, J.,

dissents. Relator may appeal and obtain an expedited hearing in a custody case.


text:
    HOUSING AUTHORITY OF the CITY OF ABBEVILLE v. Raymond HEBERT.
    No. 80-C-2416.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Raymond Hebert, applying for rehearing of denied writ (November 21, 1980), Court of Appeal, Third Circuit. Parish of Vermillion. 387 So.2d 693.

Not considered. See Rule 9, § 6.


text:
    STATE of Louisiana v. Dewayne Donnell WILLIAMS.
    No. 81-K-0072.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Dewayne Donnell Williams, applying for writs of certiorari, prohibition and mandamus. Parish of Vernon. No. 32831.

Granted. Trial court is ordered to fix reasonable bond pending application by relator to this Court for review, which must be filed here on or before January 25, 1981; if application is timely filed relator shall be entitled to remain on bond pending further orders of this Court.


text:
    Gerald A. BOSWORTH v. TERREBONNE BANK & TRUST CO., INC., Terrebonne Parish Police Jury; and Hon. Ronnie Duplantis, in his Capacity as Sheriff of Terrebonne Parish.
    No. 81-C-0070.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Gerald A. Bosworth, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Terrebonne. No. 63279.

Denied.


text:
    LEON McQUEEN LUMBER COMPANY, INC. v. Michael S. BAER, Jr. et al.
    No. 80-C-2722.
    Supreme Court of Louisiana.
    Jan. 9, 1981.
   In re Michael S. Baer, Jr., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Washington. 391 So.2d 1198.

Denied.

DENNIS, BLANCHE and LEMMON, JJ., would grant the writ.


text:
    STATE of Louisiana v. Hilary L. Poochie TRAHAN.
    No. 81-K-0097.
    Supreme Court of Louisiana.
    Jan. 14, 1981.
   In re Hilary L. Poochie Trahan, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Cameron. No. 21741.

Denied.


text:
    The BOARD OF COMMISSIONERS OF the ORLEANS LEVEE DISTRICT v. ALL TAXPAYERS, PROPERTY OWNERS, AND CITIZENS OF the ORLEANS LEVEE DISTRICT (Including Particularly the Citizens of the Parish of Orleans and Parish of St. Bernard) and Nonresidents Owning Property or Subject to Taxation Therein, and All Other Persons Interested in or Affected In Any Way By the Issuance of Marina Bonds, Series 1980A of the Orleans Levee District.
    No. 80-C-2967.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re The Board of Commissioners of the Orleans Levee District applying for writs of review and mandamus, Civil District Court. Parish of Orleans. No. 80-14752, Div. G.

Writ denied.

LEMMON, J.,

concurs. Relator is protected by appeal to Court of Appeal, which may transfer if that court lacks jurisdiction.


author: MARCUS, J., DENNIS, J.,

text:
    Beulah Strother KENNEDY v. Thomas J. KENNEDY.
    No. 80-C-2909.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Thomas J. Kennedy, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Jefferson Parish. 391 So.2d 1193.

Denied.

MARCUS, J.,

would grant to consider whether the benefits from the pension fund are separate or community property.

DENNIS, J.,

would grant, believing that the result reached by the court of appeal is probably correct but that this Court should clarify interpretations of the law pertaining to the separate or community nature of the public pension rights.


text:
    DEUTSCH, KERRIGAN & STILES v. Joseph M. RAULT, Jr.
    No. 80-C-2913.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Joseph M. Rault, Jr., applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 389 So.2d 1373.

Writ denied.

WATSON, J., would grant the writ.


text:
    Eddie GREEN v. MOTORS INSURANCE CORPORATION.
    No. 80-C-2916.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Eddie Green, applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 389 So.2d 1370.

Denied.


text:
    Gloria Brooks KING v. Earl James KING.
    No. 80-C-2929.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Earl James King, applying for cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 390 So.2d 250.

Writ denied.

LEMMON, J., would grant the writ.


text:
    William G. ADAMS v. ASSOCIATES CORPORATION OF NORTH AMERICA, Associates Financial Services of North America, Emmco Insurance Company, Inc. and Capco Adjusters, Inc.
    No. 80-C-2943.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Associates Corporation of North America, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Lafayette. 390 So.2d 539.

Writ denied.


text:
    Robert BENEDIC and Evelyn Benedic; Allstate Insurance Co. et al.; Vanguard Underwriters Ins. Co.; State Farm Fire & Casualty Co. etc.; Joan Stroer Imbraguglio, Wife of/and Joseph Imbraguglio; Alphonse J. Yates v. NEW ORLEANS PUBLIC SERVICE, INC. et al. FIRST OF GEORGIA INSURANCE COMPANY v. Robert BENEDIC et al.
    No. 80-C-2901.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re New Orleans Public Service Inc., et al., applying for writ of certiorari or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 389 So.2d 871.

Denied.


text:
    Betty POCHE v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY.
    No. 80-C-2883.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Louisiana Health Service and Indemnity Company, applying for writ of cer-tiorari, or writ of review, to the Third Circuit, Court of Appeal. Parish of Rapides. No. 110458.

Denied.


text:
    Betty POCHE v. LOUISIANA HEALTH SERVICES & INDEMNITY COMPANY.
    No. 80-C-2886.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Betty Poche, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 391 So.2d 17.

Denied.

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


text:
    Jack SCHWEIBISH d/b/a Metal Services of Colorado v. PONTCHARTRAIN STATE BANK.
    No. 80-C-2889.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Pontchartrain State Bank, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 389 So.2d 731.

Denied.

MARCUS, BLANCHE, and LEMMON, JJ., would grant the writ.


text:
    AMERICAN EAGLE, INC. v. The EMPLOYERS’ LIABILITY ASSURANCE CORP., LTD. et al.
    No. 80-C-2848.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Mariwood Construction Company, Inc., applying for writ of certiorari, to the Court of Appeal, First Circuit. Parish of Terrebonne. 389 So.2d 1339.

Denied.


text:
    AMERICAN EAGLE, INC. v. The EMPLOYERS’ LIABILITY ASSURANCE CORPORATION, LTD. et al.
    No. 80-C-2838.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re The Employers Liability Assurance Corp., Ltd., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Terrebonne. 389 So.2d 1339.

Denied.


text:
    Anna L. JOSEPH v. DEPARTMENT OF HEALTH.
    No. 80-C-2908.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Anna L. Joseph, applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. No. 10982.

Denied.

LEMMON, J., recused.


text:
    Wilburn WINEGEART v. TEXAS INDUSTRIES, INC.
    No. 80-C-2954.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Wilburn Winegeart, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 390 So.2d 265.

Writ denied.


text:
    STATE of Louisiana, ex rel., Irvin NOIL v. Honorable Matthew S. BRANIFF, Judge.
    No. 80-KH-1785.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Irvin Noil, applying for writ of mandamus. Orleans Parish. No. 268-426.

Granted. It is ordered that relator be furnished a copy of his Boykin transcript.


text:
    STATE of Louisiana ex rel., Oliver WASHINGTON v. Frank C. BLACKBURN, Warden & Ashby W. Pettigrew, Jr., Judge, 32nd JDC, Par. of Terrebonne.
    No. 80-KH-1971.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Oliver Washington, applying for writ of certiorari and mandamus. Parish of Terrebonne. No. 12013.

Writ granted. The matter is remanded to the District Court in order to give defendant credit for time served in jail awaiting trial.


text:
    STATE of Louisiana v. Colorado PAGE and Eleanor B. Brazell.
    No. 80-K-2861.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re State of Louisiana, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 80-1849.

Granted. Ruling set aside as to the statements of the victim and the prospective witness. If and when the victim or the witness testifies at trial, the admissibility of any portion of that testimony may be questioned by an objection at that time.


text:
    Lois DORNAK v. LAFAYETTE GENERAL HOSPITAL, William Grun and Continental Insurance Co.
    No. 80-C-2884.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Lois Dornak, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. 391 So.2d 47. Parish of Lafayette.

Granted.

WATSON, J., recused.


text:
    Jessie L. CARTER v. AVONDALE SHIPYARDS, INC.
    No. 80-C-2903.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Avondale Shipyards, Inc., applying for writ of certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. No. 11633.

Granted.


text:
    Succession of Charles TOLMAS.
    No. 80-C-2914.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Cheryl Horton Kolb, applying for supervisory writs of certiorari and review. Parish of Orleans. No. 487-797.

Granted. The order of the Court of Appeal is set aside and the matter is remanded to the trial court to reconsider a protective order to guard against abusive discovery.


text:
    STATE of Louisiana v. William WOLFE.
    No. 80-K-2945.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re William Wolfe, applying for writs of certiorari, prohibition, and mandamus. Parish of Ouachita. No. 39628.

Granted.


text:
    STATE of Louisiana v. Duane DUGAS and David Orgeron.
    No. 80-K-2950.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Duane Dugas and David Orgeron, applying for writs of certiorari, prohibition and mandamus. Parish of Orleans. No. 276-655.

Granted. This application is transferred to the district court for appropriate action, treating this application as a motion to dismiss for violation of the right to a speedy trial.


text:
    STATE of Louisiana v. Willie D. GARNER.
    No. 80-K-2952.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Willie D. Garner, applying for writ of mandamus and stay order. Parish of Livingston. No. 3154.

Writ granted. The district court is ordered to hold a hearing on relator’s application within 15 days.


text:
    STATE of Louisiana v. Calvin P. DUFORE.
    No. 80-K-2955.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Calvin Dufore, applying for writ of review. Parish of East Baton Rouge. No. 7-80-348.

Writ granted. The district court is ordered to permit discovery of all material requested relative to the Prescription Shop. Otherwise the writ is denied.

MARCUS, J., dissents from the grant.


text:
    STATE of Louisiana v. ROLLINS ENVIRONMENTAL SERVICES OF LOUISIANA.
    No. 80-K-2968.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re State of Louisiana through the District Attorney, Ossie Brown, applying for writs of certiorari, mandamus and review. Parish of East Baton Rouge. Nos. 7-80-523-531, 9-80-364^366.

Writ granted.


text:
    Dudley B. PILLOW, Jr. et al. v. BOARD OF COMMISSIONERS FOR the FIFTH LOUISIANA LEVEE DISTRICT.
    No. 81-C-0008.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Board of Commissioners for the Fifth Louisiana Levee District, applying for writ of certiorari. Parish of Madison. No. 78-518.

Granted. Trial judge is ordered to rule on exceptions of no cause of action prior to trial.


text:
    STATE of Louisiana v. Philip Earl BRIDGES.
    No. 80-KH-2566.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re on reconsideration of remedial writ. Parish of Terrebonne. No. 86668.

Writ denied.

DIXON, C. J., concurs in the denial, finding no error by the trial judge on the remand.


text:
    STATE of Louisiana v. Roy A. VANDERHOFF.
    No. 80-O-2517.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Roy A. Vanderhoff, on motion for remand, 34th Judicial District Court. No. 49-888. St. Bernard Parish.

Motion denied on the showing made.


text:
    STATE of Louisiana v. John J. STORMS, III.
    No. 80-KA-2931.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re John J. Storms, III, applying for motions to remand for consideration of motion for new trial and motion in arrest of judgment (Motions filed in this Court December 29,- 1980 and January 14, 1980). Parish of Jefferson. No. 79-1114.

Denied.


text:
    STATE of Louisiana ex rel., Warren BATISTE v. STATE of Louisiana.
    No. 80-K-1373.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Warren Batiste, applying for writs of habeas corpus, certiorari, mandamus, and prohibition. Parish of Orleans. No. 266-727.

Denied.


text:
    STATE of Louisiana ex rel., John VICENTI v. Frank C. BLACKBURN, Warden et al.
    No. 80-KH-1584.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re John Vicenti, applying for writ of habeas corpus. Parish of Jefferson. No. 74-227.

Denied.


text:
    STATE of Louisiana ex rel., Albert WILLIS v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 80-KH-1729.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Albert Willis, applying for writs of certiorari, habeas corpus and mandamus. Parish of East Baton Rouge. No. 60995.

Denied.


text:
    STATE of Louisiana ex rel., Nolan MOTT v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-1767.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Nolan Mott, applying for writ of habeas corpus. Parish of Jefferson. No. 96854.

Writ denied.


text:
    STATE of Louisiana ex rel., Matthew JOSEPH v. Edwin LOMBARD, Clerk, Criminal District Court, Parish of Orleans et al.
    No. 80-KH-1796.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Matthew Joseph applying for writs of certiorari, prohibition and mandamus. Parish of Orleans. No. 251-481, Sect. H.

Writ denied. The court is informed that the documents sought in the writ application have been sent to relator. Accordingly, the writ is moot.


text:
    STATE of Louisiana ex rel., Harold J. VINCENT v. Frank BLACKBURN, Warden.
    No. 80-KH-1859.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Harold J. Vincent, applying for writ of habeas corpus and/or certiorari. Parish of Calcasieu. No. 6536-71.

Denied.


text:
    STATE of Louisiana ex rel., Clyde BURNS v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-1961.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Clyde Burns, applying for writ of habeas corpus. Parish of Vernon. Nos. 29500, 29517, 29519 and 29520.

Writ denied.


text:
    STATE of Louisiana ex rel., Arthur Lee TERRELL v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-1972.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Arthur Lee Terrell, applying for remedial writs. Parish of Orleans. Nos. 215-312, 215-363 and 215-364.

Denied.


text:
    STATE of Louisiana ex rel., Alex NOLAN v. 19TH JDC, PARISH OF EAST BATON ROUGE and the Clerk of Court.
    No. 80-KH-2014.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Alex Nolan, applying for writ of mandamus. Parish of East Baton Rouge. No. 79-548-A.

Denied.


text:
    STATE of Louisiana ex rel., Ronald SIMS v. Frank BLACKBURN, Warden.
    No. 80-KH-2016.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Ronald Sims, applying for writs of certiorari, mandamus and habeas corpus. Parish of Orleans. No. 246-496.

Denied.


text:
    STATE of Louisiana ex rel., Oscar Lynn SYKES v. Frank BLACKBURN, Warden et al.
    No. 80-KH-2031.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Oscar Lynn Sykes, applying for remedial writs. Parish of Ouachita. No. 64223.

Writ denied. Applicant must first file in the trial court.


text:
    STATE of Louisiana ex rel., Raymond MARLER v. STATE of Louisiana.
    No. 80-KH-2356.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Raymond Marler, applying for writ of mandamus. Parish of Orleans. No. 257-380.

Writ denied.


text:
    STATE of Louisiana ex rel., Joe Louis BARNES v. STATE of Louisiana.
    No. 80-KH-2786.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Joe Louis Barnes, applying for remedial writs. Parish of Catahoula. No. 79-1353.

Writ denied.

DIXON, C. J., and WATSON and LEM-MON, JJ., concur, noting there is no authority to restrict the bond to “cash.”


text:
    STATE of Louisiana v. Thomas MURPHY.
    No. 80-K-2847.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Thomas Murphy, applying for writs of habeas corpus and certiorari. Parish of Orleans. No. 255-268.

Denied.

DIXON, C. J. and DENNIS, J., would grant the writ.


text:
    STATE of Louisiana ex rel., Bennie HUDGENS v. Judge W. C. FALKENHEINER, Criminal District Court, Parish of Catahoula.
    No. 80-KH-2859.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Bennie Hudgens, applying for writ of mandamus. Parish of Catahoula. Nos. 80-091 and 80-092.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel., Joseph FOUNTAIN v. C. Paul PHELPS, Director, State of Louisiana Department of Corrections, Capitol Station, Baton Rouge, Louisiana.
    No. 80-KH-2872.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Joseph Fountain, applying for writ of mandamus. Parish of Orleans. No. 272-075.

Denied. Moot.


text:
    STATE of Louisiana, ex rel., David Scott JOHNSON v. Mr. William P. KLINE, Judge, 20th Judicial District Court et al.
    No. 80-KH-2897.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re David Scott Johnson, applying for writ of mandamus. Parish of West Felicia-na. No. 7561.

Writ denied. Moot.


text:
    CITY Of NEW ORLEANS v. Kenneth J. MILLER.
    No. 80-K-2904.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Kenneth J. Miller, applying for remedial writs. Parish of Orleans. Nos. 279-158 and 279-103.

Denied.


text:
    STATE of Louisiana v. Jessie L. WYNN.
    No. 80-K-2905.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Jessie L. Wynn, applying for writs of certiorari. Parish of Claiborne. No. 12327.

Denied.

CALOGERO, and DENNIS, JJ., would grant the writ.


text:
    STATE of Louisiana v. Steven M. TALLMAN.
    No. 80-K-2949.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re State of Louisiana through the district attorney, John M. Mamoulides, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 80-1255.

Denied.

MARCUS and LEMMON, JJ., would grant the writ.


text:
    STATE of Louisiana v. Thomas J. BLEVINS.
    No. 80-K-2972.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Thomas J. Blevins, applying for writs of certiorari, prohibition and mandamus and stay order. Parish of Ouachita. No. 39674.

Denied. Adequate remedy by review in event of conviction.


text:
    STATE of Louisiana ex rel., Edward W. BODLEY, Jr. v. STATE of Louisiana.
    No. 80-KH-2989.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Edward W. Bodley, Jr., applying for remedial writs. Parish of Orleans. No. 260-946.

Writ denied.


text:
    Ronald L. MORA and Carolyn Knaus v. STATE of Louisiana THROUGH the BOARD of SUPERVISORS of LOUISIANA STATE UNIVERSITY et al.
    No. 80-C-2992.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Louisiana State University, applying for writs of mandamus. Parish of Orleans. No. 527-954.

Denied.


text:
    STATE of Louisiana v. Charles HORNE.
    No. 81-K-0006.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Charles Horne, applying for writs of certiorari, prohibition and mandamus. Parish of Ouachita. No. 39125.

Denied. Adequate remedy by review in event of conviction.


text:
    STATE of Louisiana ex rel., Albert BREELAND v. Frank BLACKBURN, Warden, Louisiana State Penitentiary et al.
    No. 81-KH-0027.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Albert Breeland, applying for writ of certiorari. Parish of Orleans. No. 271-500.

Writ denied.


text:
    STATE of Louisiana v. Howard MOORE.
    No. 81-K-0060.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re State of Louisiana through the District Attorney, Harry F. Connick, applying for writs of certiorari and review. Parish of Orleans. No. 279-377.

Denied. The district attorney has available to him the action for declaratory judgment in the civil court.

MARCUS, and WATSON, JJ., would grant the writ.


text:
    STATE of Louisiana v. Calvin P. DUFORE.
    No. 81-K-0075.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Calvin P. Dufore, applying for writ of review. Parish of East Baton Rouge. No. 7-80-348.

Denied.


text:
    STATE of Louisiana v. Andy SMITH and Roy Fayard.
    No. 81-K-0107.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Andy Smith, applying for writs of certiorari, mandamus, prohibition and stay order. Parish of Orleans. No. 279-167.

Denied.


text:
    CITY OF HAMMOND v. Felix PRESLEY.
    No. 80-K-2885.
    Supreme Court of Louisiana.
    Jan. 16, 1981.
   In re Felix Presley, applying for writ of review. Parish of Tangipahoa. No. 36897.

Denied.


text:
    STATE of Louisiana ex rel., Marcus MATTHEWS v. STATE of Louisiana.
    No. 80-KH-1605.
    Supreme Court of Louisiana.
    Jan. 19, 1981.
   In re Marcus Matthews, applying for writ of habeas corpus. Parish of Orleans. No. 247-239.

Denied.


text:
    STATE of Louisiana v. Jerry YOUNG.
    No. 81-K-0177.
    Supreme Court of Louisiana.
    Jan. 20, 1981.
   In re Jerry Young, applying for writ of certiorari. Parish of Orleans. Nos. 279-749 and 279-758.

Denied. Adequate remedy by review in event of conviction.


text:
    STATE of Louisiana v. Nancy L. EDWARDS.
    No. 81-K-0133.
    Supreme Court of Louisiana.
    Jan. 22, 1981.
   In re Nancy L. Edwards, applying for writs of certiorari, mandamus, prohibition and stay order. Parish of Webster. No. 48034.

Denied.


text:
    STATE of Louisiana v. Bennie J. MATTHEWS and Thomas Sutton, Material Witness.
    No. 81-K-0137.
    Supreme Court of Louisiana.
    Jan. 23, 1981.
   In re Bennie J. Matthews and Thomas Sutton, Material Witness, applying for writ of certiorari. Bossier Parish.

Granted.


text:
    STATE of Louisiana v. Bennie G. SMITH.
    No. 81-K-0149.
    Supreme Court of Louisiana.
    Jan. 23, 1981.
   In re applying for writs of certiorari, review, prohibition, mandamus and stay order. Parish of Tangipahoa. Nos. 44458, 44459 and 44460.

Bond in cases 44,458, 44,459 and 44,460 reduced to a total of $100,000. Ruling on other assignments of error deferred pending determination by this Court.


text:
    Shirley McNAMARA, Secretary, Department of Revenue and Taxation, State of Louisiana v. U. O. P., INC.
    No. 80-C-2783.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Department of Revenue and Taxation, State of Louisiana, applying for writ of certiorari, or review, to the Court of Appeal, Second Circuit. Parish of Caddo. 389 So.2d 741.

Denied.

CALOGERO, and DENNIS, JJ., would grant the writ.


text:
    METROPOLITAN NEW ORLEANS CHAPTER OF the LOUISIANA CONSUMERS’ LEAGUE, INC., People Power, Mary Elizabeth Petts, Flossie Milford Simon, Brenda Davillier, Brother Kieran Dugas, Lynn Terrance, Alonde Harrison, Thelma Gath and Rita R. Smith and All Others Similarly Situated v. The COUNCIL OF the CITY OF NEW ORLEANS and New Orleans Public Service, Inc.
    No. 80-C-2810.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Metropolitan New Orleans Chapter of the Louisiana Consumers League, People Power, et al., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 391 So.2d 878.

Denied. Judgment is not final.

CALOGERO, and DENNIS, JJ., would grant the writ.

LEMMON, J., recused.


text:
    WILLSWOOD PLANTATION, INC. v. Clarence P. FORET.
    No. 80-C-2843.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Willswood Plantation, Inc., applying for writ of certiorari, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 391 So.2d 1389.

Writ denied.

DIXON, C. J., and WATSON, J., would grant the writ.

LEMMON, J., recused.


text:
    Eva B. GEX and Reuben Hall v. John DOE and Cumis Insurance Society, Incorporated.
    No. 80-C-2880.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Eva B. Gex and Reuben Hall, applying for writ of certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 391 So.2d 69.

Denied.


text:
    METROPOLITAN NEW ORLEANS CHAPTER OF the LOUISIANA CONSUMERS’ LEAGUE, INC., People Power et al. v. The COUNCIL OF the CITY OF NEW ORLEANS and the New Orleans Public Service Inc.
    No. 80-C-2892.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re The Council of the City of New Orleans and New Orleans Public Service Inc., applying for writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 391 So.2d 878.

Denied. Judgment is not final.

CALOGERO, and DENNIS, JJ., would grant the writ.

LEMMON, J., recused.


text:
    Robert M. MURPHY and Wendell R. Gauthier v. Walden DeLATTE.
    No. 80-C-2906.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Walden DeLatte, applying for writs of certiorari or review, to the Fourth Circuit, Court of Appeal. Parish of Jefferson. 389 So.2d 912.

Denied.

CALOGERO, MARCUS, and LEMMON, JJ., would grant the writ.


text:
    Ralph L. HARMON et al. v. Leon H. WHITTEN et al.
    No. 80-C-2977.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Leon H. Whitten, et al., applying for writ of certiorari, or review. Parish of Claiborne. Second Circuit, Court of Appeal. 390 So.2d 962.

Denied.

DENNIS, J., would grant the writ.


author: DIXON, C. J.,

text:
    Benny HARRISON et al. v. SOUTH CENTRAL BELL TELEPHONE CO.
    No. 80-C-2985.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Benny Harrison and Joyce Harrison, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 390 So.2d 219.

Denied.

DIXON, C. J.,

would grant and reverse summarily and remand to court of appeal to review on the merits.

CALOGERO and DENNIS, JJ., would grant the writ.


text:
    TALLULAH PRODUCTION CREDIT ASSOCIATION v. J. C. TURNER. Ruth P. TURNER v. Jimmie C. TURNER et ux.
    No. 80-C-2993.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Ruth P. Turner, applying for certio-rari or writ of review, to the Court of Appeal, Second Circuit. Parish of West Carroll. 391 So.2d 885.

Denied.

CALOGERO, WATSON, and LEMMON, JJ., would grant the writ.


text:
    Pamela GIBBONS, Individually and On Behalf of Her Minor Child, Sasha Gibbons v. ORLEANS PARISH SCHOOL BOARD.
    No. 81-C-0001.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Pamela Gibbons applying for writ of certiorari or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans, Civil District Court. No. 77-17083, Div. D.

Denied.


text:
    Alvin DeBLIEUX and His Wife v. ARKLA INDUSTRIES, INC. et al.
    No. 81-C-0003.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Arkla Industries, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Natchi-toches. 390 So.2d 233.

Denied.

MARCUS, and LEMMON, JJ., would grant on the issue of credit.


text:
    Eullis H. JOHNSON v. HARRY JARRED, INC., Walsh Watts, Inc., David Billingsley d/b/a Billingsley Engineering Company, Inc., Traders & General Insurance Company, Ronald L. Sawyer and Jack Sterret, Jr.
    No. 81-C-0004.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Ronald L. Sawyer and Traders and General Insurance Company, applying for writ of certiorari, or review, to the Court of Appeal, Second Circuit. Parish of Red River. No. 12402.

Denied.


text:
    SUCCESSION OF Roxie Ann Collins DARBY.
    No. 81-C-0005.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Walter Collins, applying for certio-rari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Bienville. 391 So.2d 894.

g-a S' CL I


text:
    Rena VINCENT v. Jerome J. ROMAGOSA et al.
    No. 81-C-0007.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Rena Vincent, applying for certiora-ri or writ of review, to the Court of Appeal, Third Circuit. Parish of Lafayette. 390 So.2d 270.

Denied.

WATSON, J., would grant the writ.


text:
    Jack Allen SHANK et al. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al.
    No. 81-C-0009.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Jack Allen, Individually and on behalf of the Minors, Tammy Leigh Shank, Elizabeth Anne Shank and Claude Wesley Shank, applying for certiorari or writ of review, to the Court of Appeal, Third Circuit. Parish of Vernon. 390 So.2d 903.

Denied.

CALOGERO, and DENNIS, JJ., would grant the writ.


text:
    Jack Allen SHANK et al. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al.
    No. 81-C-0010.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Zurich Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Vernon. 390 So.2d 903.

Denied.

CALOGERO, and DENNIS, JJ., would grant the writ.


text:
    Robert M. McHALE v. LAKE CHARLES AMERICAN PRESS et al.
    No. 81-C-0002.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Lake Charles American Press, Inc. et al., applying for writ of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of Calcasieu. No. 77-3089.

Denied.

DENNIS, J., would grant the writ.

WATSON, J., recused.


text:
    STATE of Louisiana ex rel., Wilfred SUMMERS v. Honorable Frank J. SHEA, Judge.
    No. 80-KH-2090.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Wilfred Summers, applying for remedial writs. Parish of Orleans. No. 264-573, Sect. G.

Granted. It is ordered that defendant be furnished a copy of his Boykin transcript.


text:
    STATE of Louisiana ex rel., Leon JACKSON v. STATE of Louisiana.
    No. 80-KH-2093.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Leon Jackson, applying for writ of habeas corpus. Parish of Jefferson. No. 80-1867.

Granted. Evidentiary hearing ordered.

MARCUS, J., dissents.


text:
    STATE of Louisiana ex rel., Louis Charles HOPKINS v. Honorable Roy B. TUCK, Jr., Judge, 30th Judicial District Court, Parish of Vernon.
    No. 81-KH-0016.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Louis Charles Hopkins, applying for writ of mandamus. Parish of Vernon. No. 27029, Div. A.

Granted; this matter is transferred to the district court for action on the application.


text:
    STATE of Louisiana ex rel., Frank FISCHER v. STATE of Louisiana. STATE of Louisiana v. Frank FISCHER.
    Nos. 80-KH-2951, 80-KA-2208.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Frank Fischer, applying for remedial writs. Parish of Orleans. No. 254-728, and Louis J. Cozenza, on motion to withdraw as counsel of record, No. 254-728.

Counsel’s motion to withdraw and defendant’s motion to dismiss counsel of record are denied. However, defendant’s letter to this Court dated December 28, 1980 has been filed into the appeal as a pro se brief and the issues raised will be considered by the Court in connection with the appeal.


text:
    STATE of Louisiana ex rel., Norman MARTIN v. Frank BLACKBURN, Warden et al.
    No. 80-KH-1817.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Norman Martin, applying for writ of habeas corpus. Parish of Richland. No. 32533.

Writ denied.


text:
    STATE of Louisiana ex rel., Fred MARTIN v. Frank BLACKBURN, Warden et al.
    No. 80-KH-1818.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Fred Martin, applying for writ of habeas corpus. Parish of Richland. No. 32534.

Denied.


text:
    STATE of Louisiana ex rel., Roy GARLAND v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2045.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Roy Garland, applying for writs of certiorari, habeas corpus, and mandamus. Parish of Jefferson. No. 75-685.

Denied.


text:
    STATE of Louisiana ex rel., Jerry Wayne EWINS v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2054.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Jerry Wayne Ewins, applying for remedial writs. Parish of St. Mary. No. 107288.

Denied.


text:
    STATE of Louisiana ex rel., Alvin L. GRAVES, v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2069.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Alvin L. Graves, applying for writ of habeas corpus. Parish of East Baton Rouge. No. 8-72-226.

Denied.


text:
    STATE of Louisiana ex rel., James Earl VARNADO v. Warden Hayden J. DEES, Dixon Correctional Institute.
    No. 80-KH-2070.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re James Earl Varnado, applying for writ of certiorari. Parish of Washington. No. 34628.

Denied.


text:
    STATE of Louisiana ex rel., Bob BAILEY v. Hayden J. DEES, Warden, Dixon Correctional Institute.
    No. 80-KH-2091.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Bob Bailey, applying for writ of certiorari. Parish of Orleans. No. 261-012, Sect. F.

Denied.


text:
    STATE of Louisiana ex rel., Michael Ray RICHARDS v. Frank BLACKBURN, Warden.
    No. 80-KH-2092.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Michael Ray Richards, applying for writs of certiorari, habeas corpus and mandamus. Parish of Bossier. No. 56395.

Denied.


text:
    STATE of Louisiana ex rel., James Ray JORDAN v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2106.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re James Ray Jordan, applying for writs of certiorari, prohibition, and mandamus. Parish of Ouachita. No. 37739.

Denied.


text:
    STATE of Louisiana ex rel., Travis RUSHING v. Judge Jimmy M. STOKER, Div. A, 9th Judicial District Court, Parish of Rapides.
    No. 80-KH-2122.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Travis Rushing, applying for writ of mandamus. Parish of Rapides. No. 144-

Denied.


text:
    STATE of Louisiana ex rel., Thomas E. TARR v. Frank C. BLACKBURN et al., Warden, Louisiana State Penitentiary.
    No. 80-KH-2127.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Thomas E. Tarr, applying for writ of habeas corpus. Parish of East Baton Rouge. No. 1-75-6166.

Denied.


text:
    STATE of Louisiana ex rel., Bobby Ray JONES v. Frank C. BLACKBURN et al., Warden, Louisiana State Penitentiary.
    No. 80-KH-2152.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Bobby Ray Jones, for writ of habeas corpus relief. Parish of Bossier. Nos. 51077 and 51079.

Denied.

CALOGERO, J., would grant an eviden-tiary hearing.


text:
    STATE of Louisiana ex rel., Billy M. McCOY v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 80-KH-2159.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Billy M. McCoy, applying for writ of habeas corpus. Parish of Ouachita. No. 35583.

Denied.

DENNIS, J., recused.


text:
    STATE of Louisiana ex rel., Warren MASSEY v. STATE of Louisiana, Orleans Parish Criminal District Court, Section E.
    No. 80-KH-2543.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Warren Massey, applying for writ of mandamus. Parish of Orleans. No. 270-376.

Writ denied.


text:
    STATE of Louisiana ex rel., Reginald GATLIN v. STATE of Louisiana.
    No. 80-KH-2923.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Reginald Gatlin, applying for remedial writ. Parish of East Baton Rouge. No. 8-78-12.

Denied.


text:
    STATE of Louisiana ex rel., Howard L. GOODS v. STATE of Louisiana.
    No. 80-KH-2984.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Howard L. Goods, applying for remedial writ. Parish of Catahoula. No. 80-148.

Denied; appeal pending.


text:
    In re Appeal of Robert E. VENABLE (Department of Public Safety, Office of State Police).
    No. 80-C-2995.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Department of Public Safety, Office of State Police, applying for supervisory writs of certiorari, prohibition and mandamus, State Civil Service Commission. No. 2408.

Writ denied.


text:
    STATE of Louisiana v. Henry JUAN, Jr.
    No. 81-K-0031.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Henry Juan, Jr., applying for writs of certiorari, or review. Parish of Orleans. No. 279^13.

Granted in part. Defendant is entitled to conviction records of state’s witnesses. State v. Harvey, La., 358 So.2d 1224. Otherwise denied.


text:
    STATE of Louisiana ex rel., Randy A. LEDET v. Judge Cleveland J. MARCEL, Sr., 32nd Judicial District Court, Parish of Terrebonne.
    No. 80-KH-2123.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Randy A. Ledet, applying for writ of certiorari. Parish of Terrebonne. No. 149-254.

Writ granted. Remanded for correction of sentence. See State v. Triplett, 313 So.2d 227 (La.1975).


author: BLANCHE, J.,

text:
    STATE of Louisiana ex rel., Clarence WILLIAMS v. Frank BLACKBURN, Warden.
    No. 80-KH-1821.
    Supreme Court of Louisiana.
    Jan. 26, 1981.
   In re Clarence Williams, applying for writs of habeas corpus, certiorari, prohibition and mandamus. Parish of Orleans. No. 252-551, Sect. B.

Writ granted. Revocation of probation set aside because defendant’s conviction is not final. La.C.Cr.P. Art. 901.

BLANCHE, J.,

concurs and would remand in order to give the state the opportunity to prove the underlying criminal conduct alleged to be in violation of relator’s probation.


text:
    STATE of Louisiana v. Lorenza ARMANT.
    No. 81-K-0290.
    Supreme Court of Louisiana.
    Jan. 30, 1981.
   In re Lorenza Armant, applying for writs of certiorari, prohibition, and mandamus. Parish of St. John the Baptist. No. 2-81.

Writ granted. The bond is reduced to the sum of $10,000.00.


text:
    STATE of Louisiana v. Dwight ALBERT.
    No. 81-K-0333.
    Supreme Court of Louisiana.
    Feb. 5, 1981.
   In re Dwight Albert, applying for writ of certiorari and stay order. Parish of Orleans. No. 251-214. *

Writ denied.


text:
    In re Application of Leoncio Ponce AQUINO.
    No. 81-0-0269.
    Supreme Court of Louisiana.
    Feb. 5, 1981.
   In re Leoncio Ponce Aquino, applying for admission to the Louisiana Bar.

Granted. The Bar Association Committee on Bar Admissions is ordered to permit relator to take the bar examination beginning on February 9, 1981.

MARCUS, BLANCHE and WATSON, JJ., dissent from the order.


text:
    STATE of Louisiana in the interest of Andrew FOURNIER et al.
    No. 81-C-0261.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for writs of certiorari, prohibition, and mandamus. Orleans Parish, Juvenile Court. Nos. 190-386 and 190-404.

Denied.

BLANCHE, J'., would grant the writ.

LEMMON, J.,

concurs. The trial court’s order was not compelled under State in the Interest of Genusa, 381 So.2d 504 (La.1980).


author: CALOGERO and DENNIS, JJ.,

text:
    Larry Paul GASPARD v. AETNA INSURANCE COMPANY.
    No. 80-C-2994.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Aetna Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Avoyelles. 390 So.2d 243.

Denied.

CALOGERO and DENNIS, JJ.,

concur in the denial, being of the view that the result is correct under Dusang v. Beck, 389 So.2d 367 (La.1980).

MARCUS and BLANCHE, JJ., would grant the writ.


text:
    Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana v. GULF COAST ALUMINUM CORPORATION et al.
    No. 81-C-0068.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Joseph N. Traigle, Collector of Revenue, State of Louisiana, applying for writ of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 391 So.2d 1290.

Granted and consolidated with 81-C-0084 [Peters v. Livingston Wood Products, et al., La., 396 So.2d 910] and 81-C-0143 [Scales v. State of Louisiana, State of Louisiana Department of Highways, ABC Architectural Firm & Engineers A & B, La., 396 So.2d 909],


text:
    Kevin Roy SCALES v. STATE OF LA., State of La. Dept. of Hwys., ABC Architectural Firm & Engineers A & B.
    No. 81-C-0143.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Pepper & Associates, Inc., applying for certiorari or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 391 So.2d 871.

Writ granted and consolidated with 81-C-0068 [Traigle, Collector of Revenue, State of Louisiana v. Gulf Coast Aluminum Corporation, et al, La., 396 So.2d 909] and 81-C-0084 [Peters v. Livingston Wood Products et al., La., 396 So.2d 910].


text:
    Robert PETERS v. LIVINGSTON WOOD PRODUCTS et al.
    No. 81-C-0084.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Robert Peters, applying for writs of certiorari and mandamus. Parish of Livingston. No. 28225.

Granted and consolidated with 81-C-0068 [Traigle, Collector of Revenue, State of Louisiana v. Gulf Coast Aluminum Corporation, et al, La., 396 So.2d 909] and 81-C-0143 [Scales v. State of Louisiana, State of Louisiana Department of Highways, ABC Architectural Firm & Engineers A & B, La., 396 So.2d 909].


text:
    Serverino RODRIGUEZ v. NEW ORLEANS PUBLIC SERVICE, INC.
    No. 80-C-2881.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re New Orleans Public Service, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. No. 10872. Parish of Orleans.

Writ granted.


text:
    STATE of Louisiana v. Samuel HYMER.
    No. 80-K-2933.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re State of Louisiana, applying for writs of certiorari, and review, and for stay order. Parish of Ouachita. No. 44668.

Granted.


text:
    Bertha J. McPHERSON et al. v. Eldred L. ROY. Eldred L. ROY. v. Bertha J. McPHERSON et al.
    No. 80-C-2976.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Eldred L. Roy, applying for writ of certiorari or review, Third Circuit, Court of Appeals. Parish of Catahoula. 390 So.2d 543, 390 So.2d 555.

Denied.


text:
    STATE of Louisiana v. Peter A. TERRACINA.
    No. 81-K-0288.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Peter A. Terracina, applying for writs of certiorari, prohibition, and mandamus. Parish of Caddo. No. 114353.

Writ granted. The trial judge is overruled on the ruling complained of in assignment number 2. Defendant is permitted to examine the investigating officers about statements made to them by Robert Charles Williams for the purpose of impeaching his testimony.


text:
    STATE of Louisiana ex rel., Willie SPARKS v. Judge Fred C. SEXTON, Jr., 1st Judicial District Court, Caddo Parish.
    No. 80-KH-2319.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Willie Sparks, applying for writ of mandamus and certiorari. Parish of Caddo. No. 104468.

Granted in part; it is ordered that the relator be furnished with the transcript of the Boykin hearing. Otherwise, the writ is denied.


text:
    STATE of Louisiana ex rel., Percy L. TATE v. 19TH JUDICIAL DISTRICT COURT.
    No. 80-KH-2163.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Percy L. Tate, applying for writ of mandamus. Parish of East Baton Rouge. No. 216819.

Denied.


text:
    STATE of Louisiana ex rel., Richard Lee LIGGETT v. Frank BLACKBURN, Warden.
    No. 80-KH-2174.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Richard Lee Liggett, applying for supervisory and remedial writs. Parish of Tangipahoa. Nos. 22262 and 22264.

Denied.


text:
    STATE of Louisiana ex rel., James C. O’CONNER, Jr. v. 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE.
    No. 80-KH-2180.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re James C. O’Conner, Jr., applying for writ of mandamus. Parish of East Baton Rouge. No. 8-76-48.

Denied.


text:
    STATE of Louisiana ex rel., Glenn CONSTANTINE v. CRIMINAL DISTRICT COURT, ORLEANS PARISH, SECTION A.
    No. 80-KH-2195.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Glenn Constantine, applying for writ of habeas corpus. Orleans Parish. No: 262-845.

Denied.


text:
    STATE of Louisiana ex rel., Richard Ellman STRAHAND v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2223.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Richard Ellman Strahand, applying for writ of habeas corpus. Parish of Washington. No. 19625.

Denied.


text:
    STATE of Louisiana ex rel., Charles J. KRAMER, Jr. v. Frank BLACKBURN, Warden et al.
    No. 80-KH-2229.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Charles J. Kramer, Jr., applying for writ of habeas corpus. West Feliciana Parish. No. 7425.

Denied.


text:
    STATE of Louisiana ex rel., James O’CONNER, Jr. v. EAST BATON ROUGE PARISH, 19TH JUDICIAL DISTRICT COURT.
    No. 80-KH-2230.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re James C. O’Conner, Jr., applying for writ of mandamus. Parish of East Baton Rouge. No. 8-76-48.

Denied. Relator must first apply to the district court.


text:
    STATE of Louisiana ex rel., Charles A. CONNER v. STATE of Louisiana.
    No. 80-KH-2245.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Charles A. Conner, applying for writ of habeas corpus. Parish of East Baton Rouge. No. 1-80-244.

Denied.


text:
    STATE of Louisiana ex rel., Brady E. McDANIEL, Jr. v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 80-KH-2254.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Brady McDaniel Jr., applying for writ of certiorari and review. Parish of East Baton Rouge. No. 4-75-8049.

Denied.


text:
    STATE of Louisiana ex rel., Larry BOUDOIN v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2276.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Larry Boudoin, applying for writs of habeas corpus, certiorari, and mandamus. Parish of Orleans. Nos. 206-751 and 206-746.

Denied.


text:
    STATE of Louisiana ex rel. Donald MAGEE v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2293.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Donald Magee, applying for writs of habeas corpus. Parish of Orleans. No. 265-923.

Writ denied.


text:
    STATE of Louisiana, ex rel., David FOY v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 80-KH-2316.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re David Foy, applying for remedial writs. Parish of Calcasieu. No. 6490-71.

Denied.


text:
    STATE of Louisiana ex rel., Bobby HARRIS v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 80-KH-2338.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Bobby Harris, applying for writs of certiorari and review, mandamus, and prohibition. Parish of East Feliciana. Nos. B-8701 and B-8584.

Denied.


text:
    Ronald BRAUD, Joseph Fountain, Elliott Jenkins, Ronald Alexander, Clarence Buckley, Joseph Lucas, Anthony Young, Charles Osberry, and Eugene Burton v. CRIMINAL SHERIFF, OF ORLEANS PARISH, Honorable Charles C. Foti, Jr.
    No. 80-KH-2340.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Ronald Braud, et al., applying for writ of mandamus. Parish of Orleans. Nos. 268 and 294.

Denied.


text:
    STATE of Louisiana ex rel., Shelby Wayne PIPER v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 80-KH-2354.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Shelby Wayne Piper, applying for writs of certiorari and habeas corpus. Parish of Iberville. Nos. 263-78, 264-78, 265-78 and 266-78.

Denied.


text:
    STATE of Louisiana ex rel., Michael O. COOK v. Ruby N. COBB, Clerk of Court, Sheriff, District Attorney, Judge Frank M. Dougherty, 3rd Judicial District Court, Parish of Lincoln.
    No. 80-KH-2365.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Michael 0. Cook, applying for writs of certiorari, prohibition, mandamus. Parish of Lincoln. No. 24095.

Denied.


text:
    STATE of Louisiana, ex rel., Nolan Anthony SCHOUEST v. STATE of Louisiana.
    No. 80-KH-2368.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Nolan Anthony Schouest, applying for remedial writs. Parish of LaFourche. No. 62557.

Denied.


text:
    STATE of Louisiana, ex rel., Armond MIX v. CRIMINAL DISTRICT COURT, ORLEANS PARISH, State of Louisiana.
    No. 80-KH-2505.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Armond Mix, applying for writ of mandamus. Orleans Parish. Nos. 257-474 and 257-475.

Denied, based on information that there is no detainer on defendant.


text:
    STATE of Louisiana ex rel., Robert WILKERSON v. Judge Frank MARULLO, Orleans Parish Criminal District Court.
    No. 80-KH-2634.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Robert Wilkerson, applying for writ of mandamus. Parish of Orleans. Nos. 213-411.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel., James C. O’CONNER, Jr. v. STATE of Louisiana.
    No. 80-KH-2975.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re James C. O’Conner, Jr., applying for writ of habeas corpus. Parish of East Baton Rouge.

Writ denied.


text:
    STATE of Louisiana ex rel., Emile AGE v. ORLEANS INDIGENT DEFENDER PROGRAM.
    No. 80-KH-2998.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Emile Age, applying for remedial writs. Parish of Orleans. No. 271-270.

Denied. Transcript being used in preparation of appeal by counsel.


text:
    S. E. HORNSBY AND SONS SAND AND GRAVEL COMPANY, INC. v. CHECKMATE READY MIX CONCRETE, INC.
    No. 81-C-019.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Checkmate Ready Mix Concrete, Inc., applying for writs of certiorari or review, to the Third Circuit, Court of Appeal. Parish of Acadia. No. 7767.

Writ denied.


text:
    STATE of Louisiana v. Jack N. GOODLET.
    No. 81-K-0085.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re State of Louisiana, applying for writs of certiorari, prohibition and mandamus. Jefferson Parish. No. 79-2200.

Denied.


text:
    STATE of Louisiana v. Williard F. GUILLOT.
    No. 81-K-0086.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re State of Louisiana, applying for writs of certiorari, prohibition, and mandamus. St. Bernard Parish. No. 55-614.

Writ denied.

MARCUS, BLANCHE, and WATSON, JJ., would grant the writ.


text:
    Earline P. BREWER v. SCHWEGMANN BROS. GIANT SUPER MARKETS INC., and XYZ Insurance Company.
    No. 81-C-0087.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Earline P. Brewer, applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. No. 11317.

Writ denied.

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


text:
    STATE of Louisiana v. Steven J. FELARISE.
    No. 81-K-0173.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Steven J. Felarise, applying for writs of certiorari, prohibition, mandamus, and for a stay order. Parish of LaFourche. No. 96986.

Writ denied.

DIXON, C. J., and DENNIS, J., would grant the writ.


text:
    STATE of Louisiana v. William BARNES, Jr.
    No. 81-K-0209.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re William Barnes, Jr., applying for writs of certiorari, prohibition, and mandamus. Parish of Jefferson. No. 79-1376.

Denied. Adequate remedy by appeal.

CALOGERO, DENNIS, and LEMMON, JJ., would grant evidentiary hearing as to claimed exculpatory evidence.


text:
    Joseph Clarence ARTIGUE v. SOUTH CENTRAL BELL TELEPHONE COMPANY.
    No. 80-C-2987.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Joseph Clarence Artigue, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of St. Landry. 390 So.2d 211.

Writ denied.

LEMMON, J., would grant the writ.


text:
    C. Edward KARST v. Joe E. FRYAR.
    No. 81-C-011.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re C. Edward Karst, applying for writ of certiorari or review, to the Court of Appeals, Third Circuit. Parish of Rapides. No. 106-288.

Writ denied.


text:
    AMERICAN EMPLOYERS INSURANCE COMPANY v. HONEYCUTT FURNITURE COMPANY et al.
    No. 81-C-013.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re American Employers Insurance Company, applying for writ of certiorari, or review, to the Court of Appeals, Third Circuit. Parish of Calcasieu. No. 76-2402.

Writ denied.

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

WATSON, J., recused.


text:
    Jack C. EDWARDS and Cheryl Ann Edwards v. The LEWIS GROCERY COMPANY, Willie Clark, Jr., and the Travelers Insurance Company.
    No. 81-C-0041.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Jack C. Edwards and Cheryl Ann Edwards, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. No. 13316. Parish of Ouachita.

Denied.


text:
    Sheila Fry FOUCHI, Wife of Frank E. Fouchi v. Frank E. FOUCHI.
    No. 81-C-0052.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Frank E. Fouchi, applying the cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Jefferson Parish. 391 So.2d 1352.

Writ denied.


text:
    Kathryn Dunaway DeDON v. Clifford DeDON.
    No. 81-C-0045.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Kathryn Dunaway DeDon, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Caddo Parish. 390 So.2d 937.

Granted.


text:
    Marie T. BANNON et al. v. Richard L. EDRINGTON et al.
    No. 81-C-0062.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Intervenor, Employers National Insurance Company, applying for writ of certiorari, or review, to the Court of Appeals, Fourth Circuit. Parish of St. John the Baptist. No. 9330, Div. B.

Granted.

Writ dismissed, 398 So.2d 524.


text:
    Vera Jenkins MILLER and Ivy Lea Miller v. Ralph SMITH, d/b/a Skinneys, and Aetna Casualty and Surety Co.
    No. 81-C-0079.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Vera Jenkins Miller and Ivy Lea Miller, applying for writ of certiorari or review, to the Court of Appeal, First Circuit. Parish of Tangipahoa. 391 So.2d 1263.

Granted.


text:
    Gertie Lee BISON v. Joseph LAHOOD d/b/a Lahood’s Mobil Homes; Winston Industries, Inc.
    No. 81-C-0078.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Sherwood Homes, a division of Winston Industries, Inc., applying for writ of certiorari, or review, to the Court of Appeals, Second Circuit. Parish of DeSoto. No. 36473.

Writ denied.


text:
    AMERICAN BANK & TRUST COMPANY OF SHREVEPORT v. C. Eugene FARR, Dianne Lombardino Farr.
    No. 81-C-0074.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re C. Eugene Farr and Dianne Lom-bardino Farr, applying for writs of certiora-ri and review, to the Court of Appeal, Second Circuit. Parish of Bossier. 390 So.2d 933..

Writ denied.


text:
    CANAL MORTGAGE AND FINANCE COMPANY, INC. v. Leon JACKSON.
    No. 81-C-0077.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Leon Jackson, applying for writ of certiorari, or review, to the Court of Appeals, Fourth Circuit. Parish of Orleans. No. 76-4817.

Denied.


text:
    Mrs. Billie C. HARRIS, Individually and As Tutrix of Jeffrey Todd Harris v. GULF STATES UTILITIES COMPANY and D’Orsay D. Bryant.
    No. 81-C-0078.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Gulf States Utilities Company, applying for writs of certiorari, or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 391 So.2d 1270.

Denied.

DENNIS, BLANCHE and LEMMON, JJ., would grant the writ.


text:
    Rose ERDEY v. Godfrey C. STEIB and Allstate Insurance Company.
    No. 81-C-0090.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Godfrey C. Steib and Allstate Insurance Company, applying for writ of certio-rari, or review, to the Court of Appeal, First Circuit. Parish of Tangipahoa. No. 13547.

Denied.

MARCUS, J., would grant the writ.


text:
    BARBER BROTHERS CONTRACTING COMPANY, INC. v. CHET HOMES, INC., and Chester C. Rushing.
    No. 81-C-0091.
    Supreme Court of Louisiana.
    Feb. 6, 1981.
   In re Barber Brothers Contracting Company, Inc., applying for writ of certiorari or review, to the Court of Appeal, First Circuit. East Baton Rouge Parish. 393 So.2d 352.

Denied.

BLANCHE, J., would grant the writ.