author: PER CURIAM.

text:
    STATE of Louisiana v. Willie WATSON, Jr.
    No. 81-KA-2227.
    Supreme Court of Louisiana.
    Nov. 29, 1982.

      William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Morel, Jr., Dist. Atty., Abbott J. Reeves, Kurt Sins, Asst. Dist. Attys., for plaintiff-appellee.
    Ralph R. Miller, Norco, John L. Diassel-liss, III, Gross, Diasselliss & Tillman, La-Place, for defendant-appellant.
   PER CURIAM.

This is an appeal from a conviction of first degree murder and a sentence of death. Although we affirm the conviction, we must reverse the death sentence and remand for a new sentencing hearing, because the trial judge erroneously instructed the jurors that they were required to impose a death sentence if they found that the evidence established the existence of one or more aggravating circumstances.

Facts'

On the evening of April 5, 1981, defendant abducted Kathy Newman at gunpoint as she arrived at her apartment in the Carrollton section of New Orleans. Defendant forced her back inside her car and required her to drive into an isolated area of St. Charles Parish, where he robbed her of her jewelry and raped her vaginally and anally. After defendant told Miss Newman to dress herself, he shot her in the back of the head as she did so. Defendant later stated that he killed her because he was afraid that she would recognize him.

Reive w of Guilt Phase

The evidence established beyond a reasonable doubt that defendant killed Miss Newman with the specific intent to kill and that he was engaged in the perpetration of an aggravated rape and an armed robbery. R.S. 14:30.

Defendant first contends that the trial court erred in denying his motion for a change of venue. Defendant based his motion on two newspaper articles which reported that he had been booked with additional charges for sex crimes after being identified by victims who had recognized him from television and newspaper reports of this murder.

In a motion for change of venue, defendant must prove that prejudice exists in the collective minds of the people in the community to the extent that a fair trial is impossible. State v. Bell, 315 So.2d 307 (La.1975). Defendant failed to carry that burden here.

This case, involving a murderer and a victim who both resided in Orleans Parish, did not generate substantial pretrial publicity in St. Charles Parish. While many of the persons called as potential jurors had heard or read about the incident, very few had a great deal of knowledge about the facts, and virtually none had formed any impression from pretrial publicity which would prevent their according defendant the presumption of innocence. Moreover, the articles complained of were published within two weeks of the crime and were not current news items at the time of trial.

Thus, there was no inordinate amount of publicity in the case, and government officials apparently had no connection with the release of the publicity that did occur. The record further does not indicate any factors which would affect the attitude of the community toward the defendant or which would affect the candor and veracity of prospective jurors on voir dire. Accordingly, the motion was properly denied.

In a related assignment, defendant contends the trial court erred in denying his motion for individual voir dire and for sequestration during jury selection. Counsel argues that voir dire in groups, in the presence of other prospective jurors, discouraged accurate and sincere responses to questioning.

The trial court has the discretion to permit individual voir dire when the defendant demonstrates that special circumstances are present. State v. Monroe, 397 So.2d 1258 (La.1981). The fact that the ease is a cap-tial case is only one of the considerations in determining whether special circumstances require individual voir dire in order to insure a fair trial. State v. Lindsey, 404 So.2d 466 (La.1981). The record in this case does not present any additional special circumstances which would warrant individual voir dire of the jurors.

Defense counsel, however, argues that the voir dire conducted in the presence of other potential jurors enabled persons seeking to avoid jury service to learn avoidance techniques. While this problem possibly occurs in all cases of jury selection, defendant failed to establish how he was prejudiced by this effect of usual voir dire examination. This assignment of error is without merit.

Defendant next contends that the trial court erred in denying the motion to suppress his confession.

The night after the murder, defendant was arrested in connection with an unrelated felony. After the police recovered Miss Newman’s car and found defendant’s fingerprints on the car, defendant confessed to the murder and signed a written statement.

At the hearing on the pretrial motion, the officers who obtained the confession testified that defendant was advised of his constitutional rights prior to the interview, that he read and signed the form waiving those rights, that he first gave an oral statement, and that after another advice of rights he gave and signed a written statement. All officers denied any beating, intimidation, coercion, threats or promises.

On the other hand, defendant denied receiving the Miranda advice and asserted that he was beaten and threatened with a pistol. Defendant also testified the officers refused his request for an attorney and induced his statement with promises to talk to the district attorney on his behalf.

The conclusions of the trial court on the credibility and weight of testimony relating to the voluntariness of the confession are entitled to great weight and will not usually be disturbed on appeal, unless the conclusions are not supported by the evidence. State v. Dison, 396 So.2d 1254 (La.1981). In the present case, the testimony of the officers clearly established the voluntary and knowledgeable nature of defendant’s statement, and the officers flatly and specifically denied defendant’s protestations to the contrary. After hearing all of the evidence, the trial court made a credibility determination and accepted the officers’ testimony over the directly contrary testimony of the defendant. On this record, we cannot say that there was error in the trial court’s determination of credibility.

Defendant also contends that the trial court erred in denying his motion to suppress evidence obtained from his apartment in a search conducted pursuant to a warrant. Defense counsel argues that the warrant was not based on probable cause because of errors in the affidavit relating only to the dates on which various events occurred.

The affidavit, based on facts obtained from defendant’s confession, asserts that the shooting occurred on Sunday, April 5, that the victim was discovered on Sunday, April 6, and that the autopsy was conducted on Monday, April 7. There are additional references to Sunday, April 6 and Monday, April 7, and the typed date of April 8 appears below the judge’s signature at the bottom of the warrant.

The date on which the warrant was actually issued (and which should have appeared above the judge’s signature) was April 7. Furthermore, Sunday was April 5 and Monday was April 6, contrary to several notations on the affidavit. The confusion over the dates was clearly not the result of an intentional misrepresentation. All of the information in the affidavit was otherwise correct, and the dates in the affidavit were in no way critical to the application for the warrant or to the establishment of probable cause. We conclude that the unintentional errors in the dates had no effect on the validity of the warrant and that the motion to suppress the evidence seized pursuant to that warrant was properly denied.

Defendant finally contends that the trial court erred in requiring him to plead not guilty to the offense, because the overwhelming evidence of his guilt in the first phase of the trial prejudiced the jury against him in the penalty phase.

C.Cr.P. Art. 557 prohibits the court from accepting an unqualified plea of guilty in a capital case. In effect, defense counsel suggests that he should be allowed to enter a bifurcated plea which would establish guilt in the guilt phase, but would allow him to challenge the prosecution’s seeking capital punishment in the penalty phase.

Defense counsel has not established any prejudice from the trial court’s ruling in this case. In the guilt phase, he did not present any evidence to the jury which challenged the prosecution’s evidence of guilt. In opening argument of the penalty phase, he could have pointed out the foregoing fact to the jury and argued that the only issue from the outset was life or death, pointing out that he was required by law to plead not guilty in the first phase in order to contest that issue in the penalty phase. We conclude that there is no prejudice in the statutory scheme which requires that a plea of not guilty be entered in a capital case.

Review of Penalty Phase

Although defense counsel argued several assignments of error relating to the penalty phase, it is necessary only to address the error in the trial court’s instruction which mandates reversal of the death penalty.

At the beginning of his instruction to the jury after the presentation of evidence in the penalty phase, the trial judge instructed the jury as follows:

“In reaching your decision, regarding the sentence to be imposed, you must be guided by these instructions. You are required to consider the existence of aggravating and mitigating circumstances in deciding which sentence should be imposed.
“You will be furnished a list of the statutory aggravating and mitigating circumstances which you may take with you during your deliberation.”

The judge then read the aggravating circumstances listed in C.Cr.P. Art. 905.4 and continued the instruction as follows:

“In arriving at your sentence, you must first determine whether at the time the crime was committed any one or more of the statutory aggravating circumstances existed beyond a reasonable doubt. “Reasonable doubt means a doubt that is based upon reason, and it must be substantial rather than speculative. It is not a mere possible doubt. It’s an actual doubt. It is a serious doubt for which you could give good reason. A reasonable doubt is one based upon common sense. If after giving consideration to all of the facts and the circumstances of the sentencing hearing in this case, and your minds are wavering, unsettled, and unsatisfied, then this is a doubt of which the law speaks and which you must resolve in favor of the defendant and return a sentence of life imprisonment without benefit of parole, probation, or suspension of sentence. But if that doubt does not exist in your minds as to whether or not the State has established aggravating circumstance or circumstances, then you are obliged to return a sentencing recommendation of death.” (Emphasis supplied.)

The above instruction is an inaccurate and incorrect statement of the law of Louisiana. Under the capital sentencing procedure, the jury, upon finding the existence of a statutory aggravating circumstance beyond a reasonable doubt, may consider recommending the penalty of death. C.Cr.P. Art. 905.3. The instruction in this case incorrectly told the jurors that they, upon finding the existence of a statutory aggravating circumstance beyond a reasonable doubt, must return a recommendation of death. That incorrect statement of the law deprived the jury of the sentencing discretion which is so vital to the constitutionality of Louisiana’s capital sentencing scheme. See Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976). In fact, the mandatory feature of the prior capital sentencing law was the basis on which the United States Supreme Court declared the prior law unconstitutional in Roberts v. Louisiana, 428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976).

We have examined the remainder of the trial court’s instruction, but are unable to find any place at which the trial court corrected the devastatingly prejudicial error at the beginning of the instruction. The discretion of the jury is so critical in the capital sentencing procedure that any instruction by the trial court which deprives the jury of that discretion defeats the entire scheme. The incorrect statement of the law in this case requires the setting aside of the death penalty and the retrial of the penalty phase of the proceeding.

Accordingly, the conviction is affirmed, but the penalty of death is set aside, and the matter is remanded for a new penalty hearing.

      . Most of the facts were taken from defendant’s confession, which was ruled admissible after a hearing on a motion to suppress.

      . Defendant’s statement that he shot Miss Newman because he thought she could identify him clearly establishes the essential element of specific intent.

      . Defendant at first denied the murder, but after being confronted with evidence of his fingerprints on the victim’s car, he gave a verbal confession. At that time, the officers decided to take a written statement.

      . Moreover, warrants and affidavits should be accorded a commonsense and realistic interpretation, without technical requirements of elaborate specificity or of preciseness in unimportant details. In doubtful cases, preference should be given to upholding the validity of the warrant, so as to encourage police officers to submit evidence to a judicial officer before acting. State v. Huffman, 419 So.2d 458 (La.1982); United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965).

      . The trial court may, but is not required to, accept a plea of guilty without capital punishment in a first degree murder case. State v. Jett, 419 So.2d 844 (La.1982).

      . Defendant also contended that the trial court erred in denying his motion for a continuance of the trial date, which was only 31 working days after the arraignment. (The motion for continuance was not filed until two days before trial, and this court denied, by a 4-3 vote, a supervisory writ seeking review of the denial.)
      Although a substantial question is raised by this assignment of error, defense counsel’s motion complained only that he was prejudiced in his preparation for the sentencing portion of the bifurcated trial. In oral argument before this court, defense counsel conceded that he was afforded adequate time for his preparation for the guilt phase, and counsel stated that it would not be necessary for this court to address the issue of the continuance if the death sentence were reversed on other grounds.

      . Compare the following suggested instruction in the Louisiana Judges’ Benchbook, Volume I, Jury Instructions — Criminal, pp. Cl-2 and Cl-3 (Louisiana Judicial College, 1978).
      “Before you decide that a sentence of death should be imposed you must unanimously find beyond a reasonable doubt that at least one statutory aggravating circumstance exists.

        “If you find beyond a reasonable doubt that any of the statutory aggravating circumstances existed you may consider imposing a sentence of death. If, however, you do not unanimously find beyond a reasonable doubt that any of the statutory aggravating circumstances existed, then life imprisonment without benefit of probation, parole or suspension of sentence is the only sentence that may be imposed.

        “Even if you find the existence of an aggravating circumstance, you must also consider any mitigating circumstances before you decide that a sentence of death should be imposed." (Emphasis added.)

      . Indeed, under the present statutory scheme after the 1979 amendment to R.S. 14:30, the jury must find the existence of at least one aggravating circumstance in order to return a verdict of guilty of first degree murder. The crime in the present case occurred in 1981. Therefore, the jury had already found the existence of at least one aggravating circumstance in the guilt phase of the present case, and the instruction at the end of the penalty phase in effect told the jury that there was no choice in this case except to return a recommendation of death.

      .At one point, the trial judge instructed the jury that if the prosecution failed to establish an aggravating circumstance beyond a reasonable doubt, then the jury would not even be authorized to consider the penalty of death. This correct statement of the law, however, does not imply that the prosecution’s success in establishing an aggravating circumstance beyond a reasonable doubt only entitles the jury to consider the penalty of death and does not require imposition of the recommendation of death.
      We conclude that the remainder of the instruction, although accurate, does not serve to correct or lessen the impact of the incorrect statement at the beginning of the instruction.


source: Caselaw Access Project

license: Public Domain

text:
    STATE of Louisiana v. Bernard ARCANA, Jr.
    No. 82-KA-0883.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
    William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mam-oulides, Dist. Atty., William “Chuck” Credo, Clarence McManus, Asst. Dist. Atty., for plaintiff-appellee.
    Martha E. Sassone, Gretna, Staff Appeals Counsel, for defendant-appellant.
   PER CURIAM.

Defendant Bernard Arcana, Jr., was charged by bill of information with simple burglary, in violation of La.R.S. 14:62. On August 17,1982 defendant entered a plea of guilty as charged and the trial court ordered a presentence investigation. On November 23, 1981 defendant was sentenced to four years at hard labor with a recommendation that he be sent to Hunt Correctional Center for psychiatric and drug treatment. Defendant now appeals his conviction and sentence to this Court urging that the penalty imposed by the trial judge is excessive.

The facts of the offense reveal that the defendant broke into the home of Mr. Bernard Osofsky, a neighbor, after defendant was told by Osofsky’s grandson that Osof-sky had drugs in his house and would not be home. The defendant was arrested after he attempted to fill a prescription given to Mr. Osofsky.

At sentencing on November 23, 1981, the trial court noted that “defendant has led a life of drugs...” and concluded that “... any lesser sentence will only indicate that defendant can continue in his drug life style and burglarize residences to support his habit.” The record does not indicate, however, that the trial court also considered that the peculiar circumstances of the offense may indicate that defendant’s criminal conduct is unlikely to reoccur, or that defendant is a young, first offender, who has voluntarily sought help in the past, and is currently undergoing treatment for his drug problem.

While a trial judge need not articulate his sentence in terms of every aggravating and mitigating circumstance provided in La.C.Cr.P. Art. 894.1 “... the record must reflect that he adequately considered these guidelines in particularizing the sentence to the defendant.” State v. Gulden, 399 So.2d 194, 200 (La.1981). On this record, we do not find that the trial judge performed his essential task under Art. 894.1. Accordingly, while we affirm defendant’s conviction, we vacate his sentence and remand the case for resentencing in accord with the views expressed herein.

CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED.

LEMMON, J., dissents from the remand for resentencing.


author: PER CURIAM. DENNIS, Justice,

text:
    STATE of Louisiana v. Ernest Lee BREAUX.
    No. 82-KA-0932.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
    William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard K. Knapp, Dist. Atty., Eugene Bouquet, Robert R. Bryant, Asst. Dist. Attys., for plaintiff-appellee.
    Carl A. Leckband, Jr., James Miquez, Mi-quez & Leckband, Lake Charles, for defendant-appellant.
   PER CURIAM.

Affirmed.

DENNIS, J., concurs.

DENNIS, Justice,

concurring.

I respectfully concur.

However, the questions of whether the evidence of intent to arouse sexual desire and whether the defendant was tried by a jury of the proper number deserve written reasons by the court.


text:
    STATE of Louisiana v. George RIVERA.
    No. 82-KA-0999.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
    William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., William E. Til-ley, Dist. Atty., Asa Allen Skinner, Asst. Dist. Atty., for plaintiff-appellee.
    J. Michael Small, Katherine Williamson, Alexandria, for defendant-appellant.
   PER CURIAM.

Convictions affirmed. Defendant’s sentences are vacated, however, and the case is remanded for resentencing. The defendant is to be given full disclosure of his presen-tence investigation report and an opportunity to contest any information contained therein.

CONVICTIONS AFFIRMED; SENTENCES VACATED AND CASE REMANDED.

WATSON and BLANCHE, JJ., concur. However, the sentence imposed shall have reasonable terms of restitution.


text:
    STATE of Louisiana v. Larry STATHAM.
    No. 82-K-2282.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Larry Statham, applying for Writ of Certiorari, Parish of DeSoto, No. 46,497.

Granted. The sentence is set aside, and the case is remanded for resentencing with articulation of the reasons for not suspending the sentence.

DIXON, C.J., would grant and consider whether there is sufficient evidence to support defendant’s guilt.

CALOGERO, J., would grant the writ.

DENNIS, J., would grant the writ. The trial transcript reveals no evidence that the defendant obstructed the officer in the performance of his duty.


text:
    Mrs. Darryl SANTIAGO, Darryl Santiago, Individually and on Behalf of the Estate of His Minor Son, Calvin Lee SANTIAGO v. EQUIPMENT LEASING OF CALIFORNIA, Car Clean Enterprises, Inc., Mr. Pride Car Wash, Texaco and Jole, Inc.
    No. 82-C-2753.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Fidelity and Casualty Company of New York, applying for Writ of Certiorari or Review, to the Court of Appeal Fourth Circuit, No. 12485, 420 So.2d 209; Parish of Orleans, Civil District Court, No. 79-15023.

Denied.

MARCUS, J., would grant the writ, being of the opinion that the trial judge’s grant of summary judgment was correct.

BLANCHE, J., would grant the writ.


text:
    GULFCO ELECTRONICS CORPORATION v. REGENCY HOTEL, INC., et al.
    No. 82-C-2808.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Betty Serio, Wife of/and William J. Mora, III, applying for Certiorari, or Review, Civil District Court, Orleans Parish, No. 76-12373, Court of Appeal, Fourth Circuit, No. C-0258.

Denied.

DIXON, C.J., concurs in the denial. For the Court of Appeal to say that it “de-clinéis) to exercise” its supervisory jurisdiction is erroneous. It did “exercise” its supervisory jurisdiction, and properly declined to grant the writ.

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


text:
    STATE of Louisiana v. Clarence Louis CURTIS, Jr.
    No. 82-KA-0862.
    Supreme Court of Louisiana.
    Jan. 7, 1983.
   On Rehearing

PER CURIAM.

Rehearing of 422 So.2d 1164 denied. Defendant, represented on original review by appointed counsel, files this pro se application for rehearing asserting twelve assignments of error which have not heretofore been urged. The assignments appropriate for appeal relate to allegations that defendant was sentenced inappropriately as a fourth felony offender. Those assignments are meritless since the state agreed not to institute habitual offender proceedings in view of defendant’s guilty plea. The remaining assignments of error are either blatantly nonmeritorious or they represent constitutional violations, the redress of which should be by an application for post conviction relief.


text:
    Larry James PITTMAN v. Wanda Ann Wall PITTMAN.
    No. 82-2402.
    Supreme Court of Louisiana.
    Nov. 12, 1982.
   In re Larry James Pittman, applying for a writ of certiorari, to the Court of Appeal, First Circuit. Parish of St. Tammany. 418 So.2d 23.

Denied.


text:
    Jeannine Elizabeth Tobin HAMITER v. James Jewell HAMITER. James J. HAMITER v. Jeannine T. HAMITER.
    No. 82-C-2613.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re James J. Hamiter, applying for writs of certiorari and review, to the Court of Appeal, Second Circuit. Numbers 14938 and 14939. Caddo Parish. First Judicial Numbers 269,151 and 270,396.

Denied.

DENNIS, J., would grant the writ.


text:
    STATE of Louisiana v. Robert P. EDWARDS.
    No. 82-KH-2659.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Robert P. Edwards applying for a remedial writ from the First Judicial District Court. Parish of Caddo. No. 114205.

Granted. Transcript to be furnished through counsel for relator’s use.

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


text:
    John H. McELVEEN v. Mary Jane Henderson McELVEEN.
    No. 82-C-2801.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re John H. McElveen, applying for remedial writs of certiorari or review. Parish of East Baton, East Baton Rouge Family Court. No. 59358.

Granted. Transferred to Court of Appeal for consideration and action.


text:
    STATE of Louisiana, ex rel, Stanford D. GUILLORY v. STATE of Louisiana, 15TH JUDICIAL DISTRICT COURT.
    No. 82-KH-0989.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Stanford D. Guillory, applying for remedial writs. Parish of Lafayette. No. 43109.

Granted. Relator is to be furnished his Boykin transcript.


text:
    STATE of Louisiana, ex rel., Ronald GOODROW v. N. Burl CAIN, Warden, Dixon Correctional Institute, Records.
    No. 82-KH-2598.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Ronald Goodrow, applying for writ of mandamus. Parish of East Baton Rouge. Nos. 46105 and 44987-3.

Granted. Relator’s motion to correct computation of sentence is transferred to the district court for action.


text:
    STATE of Louisiana v. Ronald PORTER.
    No. 82-KH-2702.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Ronald Porter, applying for remedial writs. Parish of Orleans. No. 273-251.

Granted. Motion transferred to the district court within 14 days.


text:
    STATE ex rel., Tommy MICHELLI v. STATE of Louisiana.
    No. 82-KH-2703.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Tommy Michelli, applying for writs of mandamus and prohibition. Parish of Lincoln.

Granted. Relator’s writ of mandamus is transferred to the 2nd Circuit Court of Appeal.


text:
    STATE of Louisiana ex rel Rufus WARREN v. STATE of Louisiana.
    No. 82-KH-2707.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Rufus Warren, applying for writ of mandamus. Parish of St. Tammany. Twenty second Judicial District Court.

Granted and transferred to the court of appeal.


text:
    STATE ex rel., Ronald R. RYALL v. STATE of Louisiana.
    No. 82-KH-2711.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Ronald R. Ryall, applying for writ of mandamus. Parish of Orleans. No. 287-871.

Granted. Relator’s writ is transferred to the court of appeal for disposition.


text:
    STATE of Louisiana ex rel., Cheryl JOHNSON: a/k/a, Sherrie Wilson v. CLERK OF COURT CRIMINAL DISTRICT COURT—SEC. “B” PARISH OF ORLEANS.
    No. 82-KH-2548.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Cheryl Johnson a/k/a Sherrie Wilson, applying for writs of certiorari, prohibition, and mandamus. Parish of Orleans. No. 258-543.

Granted. The district court is hereby ordered to furnish relator with a copy of his Boykin transcript. The writ is otherwise denied.


text:
    STATE of Louisiana, ex rel., Curtis H. KENNEL v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-0449.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Curtis H. Kennel, applying for writ of habeas corpus. Orleans Parish. No. 274-720.

Denied.


text:
    STATE of Louisiana ex rel. Lloyd WEST v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-1531.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Lloyd West, applying for writs of habeas corpus and certiorari. Parish of Orleans. No. 203904.

Denied.


text:
    STATE of Louisiana ex rel. William CUZICK v. N. Burl CAIN, Warden, Dixon Correctional Institute.
    No. 82-KH-0792.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re William Cuzick, applying for writs of certiorari, supervisory and review. Parish of Iberia, Sixteenth Judicial District Court. No. 49821.

Denied.


text:
    STATE of Louisiana, ex rel. Timothy R. RUDOLPH v. CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, SECTION “D”, STATE OF LOUISIANA.
    No. 82-KH-0805.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Timothy R. Rudolph, applying for writ of certiorari. Orleans Parish. No. 234-520.

Denied.


text:
    STATE of Louisiana, ex rel., Robert E. PAUL v. Ross MAGGIO, Warden.
    No. 82-KH-0812.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Robert E. Paul, applying for writ of habeas corpus. Parish of Terrebonne. No. 86622.

Denied.


text:
    STATE of Louisiana ex rel. Bruce STOVALL v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-0981.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Bruce Stovall, applying for writ of certiorari, prohibition and mandamus, Criminal District Court. Parish of Orleans. No. 251-456.

Denied.


text:
    STATE of Louisiana ex rel. Christopher J. WATKINS v. STATE of Louisiana.
    No. 82-KH-1042.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Christopher J. Watkins, applying for remedial writs. Parish of Orleans. No. 285-590.

Denied. Appeal pending.


text:
    STATE of Louisiana ex rel. Willie James TYLER v. Robert HENDERSON, Warden.
    No. 82-KH-2212.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Willie James Tyler, applying for remedial writs. Parish of Ouachita. No. 40157.

Denied.


text:
    STATE of Louisiana ex rel. William Hale CONGER v. Criminal Sheriff, Charles C. FOTI, and Custodian Orleans Parish.
    No. 82-KH-2522.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re William Hale Conger, applying writ of mandamus. Parish of Orleans. Criminal District Court.

Denied. Relator must apply first to district court.


text:
    STATE of Louisiana v. David C. MAHLER.
    No. 82-K-2568.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re David C. Mahler, applying for writs of certiorari and review, to the Twenty fourth Judicial District Court. Parish of Jefferson. No. 81-3189.

Writ denied.


text:
    Mary Ellen STEVENS v. HARTFORD INSURANCE COMPANY.
    No. 82-C-2597.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Ninth Judicial District Court, Parish of Rapides, applying for emergency writs of certiorari and mandamus, No. 122984, Rap-ides Parish. Court of Appeal, Third Circuit. No. 82-442.

Denied.

DENNIS, J., would grant the writ.


text:
    STATE of Louisiana, ex rel., William Henry GOUDY v. PRESIDING JUDGE, DIVISION “M” 24TH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON.
    No. 82-KH-2619.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re William Henry Goudy, applying for writ of mandamus. Parish of Jefferson. No. 80-1899.

Denied.


text:
    STATE of Louisiana, ex rel., Terry J. FRENTZ v. Honorable Robert E. JOHNSON, Judge Benny A. Blakeman, Clerk of Court 16th Judicial District Court Parish of St. Mary Franklin, Louisiana.
    No. 82-KH-2625.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Terry J. Frentz, applying for writ of mandamus. Parish of St. Mary. No. 108166.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Clyde B. HALE v. Robert L. STEWART, Clerk, 9th Judicial District Court, Parish of Rapides, and Lloyd G. Teekell, Judge, et al.
    No. 82-KH-2627.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Clyde B. Hale, applying for writs of certiorari, prohibition and mandamus. Parish of Rapides. No. 203194.

Denied.


text:
    STATE of Louisiana, ex rel. Paul Douglas LaFONTAINE, a/k/a Michael Ray Turbeville v. John T. KING, Secretary, State of Louisiana, Department of Corrections.
    No. 82-KH-2674.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Paul Douglas LaFontaine, a/k/a Michael Ray Turbeville, applying for writ of habeas corpus. Parish of Plaquemines. No. 36495.

Denied. Relator must first file in the 19th Judicial District Court.


text:
    STATE of Louisiana, ex rel. Roosevelt McCORMICK v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 82-KH-0614.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Roosevelt McCormick, applying for writs of certiorari, prohibition and mandamus. St. Charles Parish. No. 78-264.

Denied.


text:
    STATE of Louisiana v. Benjamin A. BERRY.
    No. 82-K-2515.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Benjamin A. Berry, applying for writs of certiorari, prohibition and mandamus, and extension of stay of execution. Parish of Jefferson. No. 78-2151.

Granted.

BLANCHE, J., Recused.


text:
    STATE of Louisiana, ex rel. James E. SMITH v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 82-KH-2310.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re James E. Smith, applying for writ of mandamus and/or writ of certiorari. Tangipahoa Parish. No. 42077.

Granted. The district court is ordered to hold a hearing in this matter no later than December 15, 1982 and to order that the relator be returned from the penitentiary for the proceeding.


text:
    A.J. MEMBRENO v. L.B. PONDER, Jr.
    No. 82-C-2373.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re L.B. Ponder, Jr., applying for certio-rari, or writ of review, to the Court of Appeal, First Circuit. Tangipahoa Parish. 417 So.2d 1257.

Denied.


text:
    Lloyd P. CHAMPAGNE v. Henry B. ALSOBROOK, Jr.
    No. 82-C-2562.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Lloyd P. Champagne, applying for writ of certiorari or review to the Court of Appeal, Fourth Circuit. Parish of Orleans, Civil District Court. 419 So.2d 10.

Denied.

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


text:
    A.S. ALDAHIR v. MOBIL OIL EXPLORATION & PRODUCING SOUTHEAST, INC.
    No. 82-C-2567.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re A.S. Aldahir, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court. Parish of Orleans. 420 So.2d 714.

Denied.

DENNIS, J., would grant the writ.


text:
    SUCCESSION OF Elizabeth Speckles, wife of/and Antoine ROVIRA v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS.
    No. 82-C-2573.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Board of Commissioners of the Port of New Orleans, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court. Parish of Orleans. Division “B”. 418 So.2d 1382.

Denied.

MARCUS, J., would grant the writ.


text:
    Wanda Falcon Wicker, Widow of Ruben Ivan WICKER, Sr., Individually and as Natural Tutrix for the Use and Benefit of her Minor Children, Keith Michael WICKER, Helen Irene Wicker, and Rhonda Ann Wicker v. The COCA-COLA BOTTLING COMPANY, Midwest Machinery Movers, Inc., Phillip Foto, W.M. Davis, G.J. Schuth, Russel Pat White, Bob Simpson, Eugene Abadie, Owen Trayhan, Nolan Sharpe, Rufus Fisher, A.B.C. Insurance Corporation and X.Y.X. Insurance Corporation. William L. SPARACELLO v. The COCA-COLA BOTTLING COMPANY, Midwest Machinery Movers, Inc., Phillip Foto, W.M. Davis, G.J. Schuth, Russel Pat White, Bob Simpson, Eugene Abadie, Owen Trayhan, Nolan Sharpe, Rufus Fisher, A.B.C. Insurance Corporation and X.Y.X. Insurance Corporation.
    No. 82-C-2576.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Wanda Falcon Wicker, etc, and William L. Sparacello, applying for certiora-ri, or writ of review, to the Court of Appeal, Fifth Circuit. Parish of Jefferson. Twenty fourth Judicial District Court. Jefferson Parish. 418 So.2d 1378.

Denied.

DENNIS, J. would grant the writ.


text:
    LOUISIANA BANK AND TRUST COMPANY v. MURCAMBYR, INC., Charles G. Byrom, Dominic I. Cordaro, Jack L. Campbell and Billy E. Murphy.
    No. 82-C-2580.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Dominic I. Cordaro, applying for writs of certiorari or review, to the Court of Appeal, Second Circuit. Parish of Caddo. First Judicial District Court, 419 So.2d 106.

Denied.


text:
    Louis J. BRAQUET, et als v. The ADMINISTRATORS OF the TULANE EDUCATIONAL FUND.
    No. 82-C-2584.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Louis J. Braquet, applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court. Parish of Orleans. 419 So.2d 30.

Denied.


text:
    IMC EXPLORATION COMPANY & The Petroleum Corp. of Delaware v. Foster HENDERSON, et al.
    No. 82-C-2588.
    (SEE 82-C-2592).
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Kent Upson and Todd Upson, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of DeSoto. Eleventh Judicial District Court. Parish of DeSoto. 419 So.2d 490.

Denied.

WATSON, J., would grant the writ.


text:
    IMC EXPLORATION COMPANY and The Petroleum Corp. of Delaware v. Foster HENDERSON, et al.
    No. 82-C-2592.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Rayvenita Henderson Thomas, applying for writ of certiorari to the Court of Appeal, Second Circuit. Parish of DeSoto. Eleventh Judicial District Court. 419 So.2d 490.

Denied.

WATSON, J., would grant the writ.


text:
    Roy L. THOMAS v. AVONDALE SHIPYARDS, INC.
    No. 82-C-2593.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Roy L. Thomas, applying for writ of certiorari, Fourth Circuit, Court of Appeal. Parish of Orleans Civil District Court. 419 So.2d 8.

Denied.


text:
    Billy Mack CALDWELL v. TEXAS INDUSTRIES, INC. d/b/a Louisiana Industries.
    No. 82-C-2596.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Texas Industries, Inc., applying for writs of certiorari and review, to the Court of Appeal, Second Circuit. Ouachita Parish. Fourth Judicial District Court. 419 So.2d 86.

Denied.


text:
    PELICAN ELECTRICAL CONTRACTORS v. John S. NEUMEYER and Roy J. Anselmo, Jr., d/b/a Georgie Porgie’s Restaurant and Discotheque.
    No. 82-C-2604.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re John S. Neumeyer, et al, applying for writ of review, to the Court of Appeal, Fourth Circuit. Orleans Parish. Civil District Court. 419 So.2d 1.

Denied.


text:
    IMC EXPLORATION COMPANY and the Delaware Corporation of Delaware v. Foster HENDERSON, et al.
    No. 82-C-2609.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Mary Jacobs Hall, Cartelyous Jacobs, Martha Jacobs Williams, Ollie Patricia Jacobs Wilson, Carolyn Jacobs Armstrong, Lois Jacobs Lee and Fletcher Jacobs, Jr., applying for writ of certiorari, Second Circuit, Court of Appeal. Parish of DeSoto. 419 So.2d 490.

Denied.

WATSON, J., would grant the writ.


text:
    Susan E. BRAXTON, as Provisional Tutrix of the minor children Brandy Elizabeth BRAXTON and Floyd Eugene Braxton v. GEORGIA-PACIFIC CORPORATION, et al.
    No. 82-C-2610.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Susan E. Braxton, as Provisional of the Minor Children, Brandy Elizabeth Brax-ton and Floyd Eugene Braxton, applying for writs of certiorari and review to the Court of Appeal, Second Circuit. DeSoto Parish. Eleventh Judicial District Court. 419 So.2d 125.

Denied.


text:
    Mary LA PIERRE v. Joseph Gerard GIBSON.
    No. 82-C-2612.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Joseph Gerard Gibson, applying for writs of certiorari and review, to the Court of Appeal, Fourth Circuit. Civil District Court Orleans Parish. 419 So.2d 990.

Denied.


text:
    Bipin R. AMIN, et ux. v. Leon Pinkney HEAD, Jr., et ux. and James E. Townsend, et ux.
    No. 82-C-2614.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Leon Pinkney Head, Jr., et ux. and James E. Townsend, et ux., applying for writ of certiorari to the Second Circuit, Court of Appeal. Fourth Judicial District Court, Ouachita Parish. 419 So.2d 529.

Denied.

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


text:
    RICHARDSON’S PLUMBING AND AIR CONDITIONING, INC. v. Charles J. HARRIS.
    No. 82-C-2615.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Charles J. Harris, applying for writs of certiorari and review, to the Court of Appeal, Second Circuit. Caddo Parish. Shreveport City Court, 419 So.2d 110.

Denied.


text:
    STATE of Louisiana ex rel. Jack D. REYNOLDS v. CLERK OF COURT 14TH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU.
    No. 82-KH-2633.
    Supreme Court of Louisiana.
    Nov. 29, 1982.
   In re Jackie Dean Reynolds, applying for writ of mandamus, Fourteenth Judicial District Court. Parish of Calcasieu. 412 So.2d 1105.

Denied.


text:
    STATE of Louisiana ex rel. William HILLS, III v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-1027.
    Supreme Court of Louisiana.
    Dec. 2, 1982.
   In re William Hills, III, applying for writs of certiorari on habeas corpus. Parish of East Baton Rouge. No. 8073-5861.

Denied. Relative to relator’s charge of ineffective assistance of counsel because of denial of a continuance and lack of time for trial preparation, we note that counsel in moving for the continuance stated that the case had “been in my hands for a matter of about six weeks.”.


text:
    In re SUCCESSION OF Orange STEVENSON, Jr.
    No. 82-C-2824.
    Supreme Court of Louisiana.
    Dec. 3, 1982.
   In re Harold Douglas applying for writs of certiorari and stay order. Parish of East Baton Rouge. No. 82CW1009.

Denied.


text:
    Mr. and Mrs. Earl F. BOUDREAUX v. ULTRAMAR ENTERPRISES, INC.
    No. 82-C-2847.
    Supreme Court of Louisiana.
    Dec. 7, 1982.
   In re Ultramar Enterprises, Inc., applying for writ of review to the Twenty-fourth Judicial District Court. Parish of Jefferson. No. 272-515; Fifth Circuit, Court of Appeal. No. 82-C-201.

Sale scheduled December 8,1982 and other proceedings stayed pending further orders of the court.


text:
    Perry L. BROWN and Coleman A. Brown, d/b/a Brown & Brown v. E.L. HENRY, Commissioner of the Division of Administration and the State of Louisiana, Through the Division of Administration.
    No. 82-C-2887.
    Supreme Court of Louisiana.
    Dec. 15, 1982.
   In re Perry L. Brown and Coleman A. Brown, d/b/a Brown & Brown, applying for writ of certiorari or review, and stay order, Nineteenth Judicial District Court, No. 260808, East Baton Rouge Parish. Court of Appeal, First Circuit. No. 82-CW-1078.

Denied.

DENNIS, J., would grant the writ.


text:
    In re Theodore J. ADAMS, Petition for Reinstatement to Louisiana State Bar Assoc.
    No. 82-0-2378.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Theodore J. Adams, applying for reinstatement to the Louisiana State Bar Association.

Reinstatement granted.


text:
    STATE of Louisiana, ex rel. Calvin DAILEY v. Edwin LOMBARD, Clerk of Criminal District Court.
    No. 82-KH-0611.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Calvin Dailey, applying for writs of mandamus. Parish of Orleans. No. 261-832.

Granted. Furnish relator with a copy of his Boykin transcript.


text:
    STATE of Louisiana, ex rel., Lester Paul HOCKMAN v. N. Burl CAIN, Warden, Dixon Correctional Institute, Jackson, Louisiana, et al.
    No. 82-KH-0815.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Lester Paul Hockman, applying for writs of certiorari, supervisory and review. East Baton Rouge Parish. No. 11-76-50.

Granted. Evidentiary hearing ordered.


text:
    STATE of Louisiana ex rel. Daniel BEZAR v. Honorable Burrell J. CARTER, Judge 21st Judicial District Court.
    No. 82-KH-1669.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Daniel Bezar, applying for writ of mandamus. Parish of Livingston.

Granted. Trial judge [is] ordered to act on relator’s habeas application forthwith.


text:
    STATE of Louisiana, ex rel. Stevie JAMES v. Judge OSER, Orleans Criminal Court.
    No. 82-KH-2316.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Stevie James, applying for remedial writs. Orleans Parish. No. 255-491.

Granted. The district court is ordered to conduct an evidentiary hearing on petitioner’s status, including the testimony of Dr. Ardis Cox and other doctors who have examined the relator.


text:
    Murphy LEBLANC, et al v. Lawrence DAVIS.
    No. 82-C-2544.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Murphy LeBlanc, et al, applying for writ of review, Twenty third Judicial District Court. Parish of Ascension, No. 30598; Court of Appeal, First Circuit. No. 82-CW-0714.

Writ granted.


text:
    STATE of Louisiana v. Joseph L. BOSWELL.
    No. 82-KH-2754.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Joseph L. Boswell, applying for writ of habeas corpus. Parish of Orleans. No. 285-082.

Granted for the limited purpose of transferring the application to the court of appeal for consideration.


text:
    STATE of Louisiana ex rel. John Wesley ALLEN v. Judge Charles WARD, Orleans Parish Criminal Court.
    No. 81-KH-0571.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re John Wesley Allen, applying for writ of mandamus. Parish of Orleans.

Denied.


text:
    STATE of Louisiana ex rel. Johnny WINFIELD v. Jack DONNELLY/Warden Dixon Correctional Institute.
    No. 81-KH-2867.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Johnny Winfield, applying for writ of mandamus. Parish of East Baton Rouge. Number Unknown.

Denied. Relator must apply first to district court which has no record of filing of the application.


text:
    STATE of Louisiana ex rel., Francis ZACHERY v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-0915.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Francis Zachery, applying for writs of habeas corpus, certiorari, prohibition, and mandamus. Parish of St. Landry. No. 33699.

Denied.


text:
    STATE of Louisiana ex rel. Bobby R. O’DELL v. Don GUILLORY, Warden, Wade Correctional Center P.O. Box 351, Haynesville, Louisiana 71038.
    No. 82-KH-0923.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Bobby R. O’Dell, applying for writs of certiorari, prohibition, mandamus and supervisory and remedial writs. Parish of Claiborne. No. 12646 and 12647.

Writ denied.


text:
    STATE of Louisiana ex rel. Edward L. SMITH v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 82-KH-0998.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Edward L. Smith, applying for writ of habeas corpus. Parish of Richland. Fifth Judicial District Court. No. 24158.

Denied.


text:
    STATE of Louisiana ex rel. Wesley P. HUTCHINSON v. Honorable William KLINE, Jr., Judge 20th Judicial District Court Parish of East Feliciana Clinton, Louisiana.
    No. 82-KH-1087.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Wesley P. Hutchinson, applying for writ of certiorari, mandamus, and prohibition. Parish of East Feliciana. No. 6-79-1075, 76, 77, 78.

Denied.


text:
    STATE of Louisiana ex rel. Alfred HARRISON, Sr. v. Jerome M. WINSBERG, Judge Criminal District Court Parish of Orleans-Sec. “C” New Orleans, Louisiana.
    No. 82-KH-1096.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Alfred Harrison, Sr., applying for writs of certiorari, mandamus and prohibition. Parish of Orleans. No. 272-522.

Denied.


text:
    STATE of Louisiana ex rel. Nestor L. SOSA v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-1103.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Nestor L. Sosa, applying for writ of habeas corpus. Parish of Jefferson. No. 74-233.

Denied.


text:
    STATE of Louisiana, ex rel., Reginald THOMAS v. STATE of Louisiana, Criminal District Court.
    No. 82-KH-1868.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Reginald Thomas, applying for remedial writs. Parish of Orleans. No. 282— 552.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Roy MARTIN v. Judge Frank SHEA, Section “G” Criminal District Court Orleans Parish.
    No. 82-KH-2242.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Roy Martin, applying for writs of mandamus. Parish of Orleans. No. 279038.

Writ denied.


text:
    STATE of Louisiana v. Randall RAMSEY.
    No. 82-K-2518.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Randall Ramsey, applying for remedial writs. Parish of Lafayette, City Court of Lafayette. No. 3695, Third Circuit, Court of Appeal. No. K82-488.

Denied.

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


text:
    STATE of Louisiana ex rel. Richard MAHOGANY v. CRIMINAL DISTRICT COURT SECTION “E” PARISH OF ORLEANS.
    No. 82-KH-2585.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Richard Mahogany, applying for a writ of mandamus. Criminal District Court. Parish of Orleans. No. 82-KH-2585.

Denied. Moot.


text:
    STATE of Louisiana v. Gregory BENSON.
    No. 82-KH-2630.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Gregory Benson, applying for writ of certiorari, and mandamus. Parish of Orleans. Criminal District Court. No. 286-431.

Denied. Moot.


text:
    STATE of Louisiana v. Kit HAYDEN.
    No. 82-K-2655.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Kit Hayden, applying for a remedial writ, to the Fifth Circuit Court of Appeal, No. 82-K-144 Twenty Ninth Judicial District Court, Parish of St. John the Baptist, No. 80-82 and 116-82.

Denied. Adequate remedy by review in event of conviction.

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


text:
    STATE of Louisiana ex rel. David ODOM v. Ross MAGGIO, Warden Louisiana State Penitentiary.
    No. 82-KH-2672.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re David Odom, applying for writ of habeas corpus, certiorari, mandamus, and prohibition, Parish of East Baton Rouge, Ninth Judicial District Court.

Denied. Relator must first file in district court.


text:
    Winifred Tennant TRANCHINA v. The PARISH OF JEFFERSON.
    No. 82-C-2697.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re The Parish of Jefferson, applying for remedial writs, writs of certiorari, prohibition, mandamus and stay order. Parish of Jefferson. Twenty fourth Judicial District Court. No. 262-020; Court of Appeal, Fifth Circuit, No. 5-351.

Denied.

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


text:
    STATE of Louisiana v. Fulton Glenn EDWARDS.
    No. 82-KP-2726.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Fulton Glenn Edwards, applying for writ of review or certiorari. Parish of Jefferson Davis. Thirty first Judicial District Court. No. CR-1635-78.

Denied.


text:
    STATE ex rel., Tony C. LUCKETT v. STATE of Louisiana CRIMINAL DISTRICT COURT SECTION “F”.
    No. 82-KH-2755.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Tony C. Luckett, applying for writ of mandamus. Parish of Orleans. No. 280-494.

Denied. Moot.


text:
    STATE ex rel., Robert Prince EDWARDS v. Donald HATHAWAY.
    No. 82-KH-2803.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Robert Prince Edwards, applying for writ of habeas corpus. Parish of Caddo. No. 114205.

Denied.


text:
    STATE of Louisiana, ex rel., Lawrence “Bo” TAYLOR v. STATE of Louisiana Through the DEPT. OF CORRECTIONS.
    No. 82-KP-2817.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re State of La. through the Dept, of Corrections, applying for supervisory writs, Twenty second Judicial District Court. Washington Parish. No. 36041; Court of Appeal, First Circuit. No. 82-KW-1004.

Writ denied.


text:
    Cecil STEWART v. CITY OF NEW ORLEANS, New Orleans Police Department, Travelers Insurance Company, and Charity Hospital of Louisiana at New Orleans and Human Resources Administration, and ABC Insurance Company.
    No. 82-C-2575.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Cecil Stewart, applying for certiora-ri, or writ of review, to the Court of Appeal, Fourth Circuit. Orleans Parish, Civil District Court, 418 So.2d 1389.

Denied.

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


text:
    In the Matter of SUCCESSION OF Warren D. FARR.
    No. 82-C-2685.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re The First Presbyterian Church of Baton Rouge and The First Presbyterian Church of Cranbury, New Jersey, applying for certiorari, or writ of review to the Court of Appeal, First Circuit. Nineteenth Judicial District Court. Parish of East Baton Rouge. 421 So.2d 941.

Granted.

BLANCHE, J., recused.


text:
    STATE of Louisiana v. H.M. “Mike” CANNON.
    No. 82-KP-2832.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re H.M. “Mike” Cannon, applying for supervisory writs of review, mandamus, certiorari and for a stay order, Nineteenth Judicial District Court, Parish of East Baton Rouge. No. 7-79^451.

Granted. An evidentiary hearing is ordered.


text:
    STATE of Louisiana v. Russel HOFLER.
    No. 82-KH-2777.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Russel Hofler, applying for remedial writs. Parish of Caldwell. Thirty seventh Judicial District Court.

Granted for the limited purpose of transferring application to the court of appeal for consideration.


text:
    STATE of Louisiana, ex rel., Ronnie WILLIAMS v. Honorable Leon FORD, III, Judge, 21st Judicial District Court.
    No. 82-KH-2748.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Ronnie Williams, applying for writs of certiorari and review Twenty first Judicial District Court. Parish of Tangipahoa, Amite, Louisiana. No. 41248.

Granted. Evidentiary hearing ordered on claims of

1) ineffective assistance of counsel and;

2) coerced plea.

Otherwise denied.


text:
    DEPARTMENT OF CORRECTIONS, LOUISIANA STATE PENITENTIARY v. Shelia A. CAGE.
    No. 82-C-2411.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Shelia A. Cage, applying for reconsideration of a denied writ of November 12, 1982, First Circuit, Court of Appeal. East Baton Rouge Parish. 422 So.2d 164.

Reconsideration denied.

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


text:
    STATE of Louisiana ex rel. James Earl WILLIAMS v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 82-KH-0870.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re James Earl Williams, applying for writ of certiorari, habeas corpus, prohibition and mandamus. Criminal District Court. Parish of Orleans.

Denied.


text:
    STATE of Louisiana ex rel. James Ervin EZELL v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 82-KH-0962.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re James Ervin Ezell, applying for writ of habeas corpus, certiorari, prohibition and mandamus, Parish of Ouachita. Fourth Judicial District Court, No. 39341.

Denied.


text:
    STATE of Louisiana ex rel. Joseph V. FOSTER, Jr. v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-1140.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Joseph V. Foster, Jr., applying for writ of habeas corpus. Parish of Avoyelles. No. 82-1975.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. Joseph Vernon FOSTER, Jr. v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary 12th Judicial District Court Parish of Avoyelles.
    No. 82-KH-1319.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   Re: Joseph Vernon Foster, Jr., applying for writ of habeas corpus, Twelfth Judicial District Court, Parish of Avoyelles, No. 27-998.

Denied. Moot.


text:
    STATE of Louisiana, ex rel., Charles L. STEWART v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 82-KH-2138.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Charles L. Stewart, applying for remedial writs. Parish of Orleans. No. 259-002.

Denied. Moot.


text:
    Mary Elizabeth Rogers MINGLEDORFF a/k/a Mrs. Mary Elizabeth Weaks v. AMERICAN BANK AND TRUST COMPANY IN MONROE, Monroe Building and Loan Association and Ism, Inc. d/b/a O.K. Finance and Ouachita National Bank in Monroe, et al.
    No. 82-C-2579.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re American Bank and Trust Company in Monroe, Monroe Building and Loan Association and Ism, Inc. d/b/a O.K. Finance and Ouachita National Bank in Monroe, et al., applying for writ of certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Ouachita. Fourth Judicial District Court, 420 So.2d 463.

Denied.

MARCUS and DENNIS, JJ„ would grant the writ.


text:
    Wilburn Troy STRICKLAND v. TESORO DRILLING COMPANY, et al.
    No. 82-C-2622.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Tesoro Drilling Company, et al, applying for writ of certiorari. Parish of Pointe Coupee. Eighteenth Judicial District Court, First Circuit Court of Appeal, No. 16-268.

Denied.

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


text:
    James BURROW, et al v. COMMERCIAL UNION ASSURANCE INSURANCE COMPANY, et al.
    No. 82-C-2626.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Commercial Union Assurance Insurance Company, et al, applying for writ of certiorari or review to the Court of Appeal, Third Circuit. Parish of Calcasieu. Fourteenth Judicial District Court. 419 So.2d 479.

Denied.

BLANCHE, J., would grant the writ.


text:
    Alemitta PHILLIPS v. SKATE COUNTRY EAST.
    No. 82-C-2634.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Alemitta Phillips, applying for writ of certiorari, or review, Fourth Circuit, Court of Appeal. Parish of Orleans. Civil District Court. No. 79-106.

Denied.


text:
    Alemitta PHILLIPS v. SKATE COUNTRY EAST.
    No. 82-C-2645.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Skate Country East, applying for a writ of certiorari Court of Appeal, Fourth Circuit. Civil District Court. Parish of Orleans. 420 So.2d 730.

Denied.

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


text:
    MINTZ & MINTZ REALTY COMPANY, INC. v. Marlin W. STURM v. WAGUESPACK, PRATT, INC.
    No. 82-C-2653.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Mintz & Mintz Realty Company, Inc. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court. Parish of Orleans. 419 So.2d 981.

Denied. The result is correct.

LEMMON, J., would grant the writ.


text:
    CITY OF MONROE v. Charles W. ROBINSON.
    No. 82-K-2663.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Charles W. Robinson, applying for writ of review to the Fourth Judicial District Court Number 311, Second Circuit Court. Ouachita Parish. No. 15178-KW.

Granted. The judgments of the court of appeal and district court are vacated. There has been no showing that the assignments of error were not timely filed. The lodging of the appeal does not affect the power of the trial court under CCrP 916(1) to extend the time for filing assignments of error. See State v. Lavene, La., 343 So.2d 185. The 1980 amendment to CCrP 919 did not change this power of the trial court. The appeal is reinstated and the case is remanded to the district court to hear and decide the appeal on the merits.


text:
    Stanley LaFARGUE v. John O. ST. AMANT, Sheriff, et al.
    No. 82-C-2662.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re John O. St. Amant, Sheriff, et al, applying for writs of certiorari to the Court of Appeal, Fifth Circuit. No. 5-73, Twenty ninth Judicial District Court. Parish of St. Charles. Division “B”, No. 22125.

Denied.


text:
    TRINIDAD PETROLEUM CORPORATION v. PIONEER NATURAL GAS CO., et al.
    No. 82-C-2154.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Trinidad Petroleum Corp., applying for reconsideration of a denied writ, of November 5, 1982. (LaSalle Parish) 422 So.2d 154.

Not considered. Rule 9, Section 6.


text:
    MINTZ & MINTZ REALTY COMPANY v. Marilyn W. STURM v. WAGUESPACK, PRATT, INC.
    No. 82-C-2656.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Waguespack, Pratt, Inc. and Dorain Bennett, applying for writs of certiorari and review, to the Court of Appeal, Fourth Circuit. Orleans Parish. Civil District Court, 419 So.2d 981.

Denied.

LEMMON, J., would grant the writ.


text:
    B. OLINDE & SONS CO., INC. d/b/a Baton Rouge Beer Agency v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT; Iberville Parish Police Jury; Nad Tidelands Equip., Inc.
    No. 82-C-2687.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re B. Olinde and Sons Co., Inc., et al, applying for writs of certiorari and review, to the Court of Appeal, First Circuit. East Baton Rouge Parish. Nineteenth Judicial District Court, 421 So.2d 370.

Denied.

DENNIS, J., would grant the writ.


text:
    Burl G. JACOBSEN and Mari Anne C. Jacobsen v. RYDER TRUCK RENTALS, INC., Stevens Meat Company, Inc., XYZ Insurance Company and Mr. Young.
    No. 82-C-2690.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re National Union Fire Insurance Company of Pittsburgh, applying for a remedial writ of certiorari, mandamus or prohibition, to the First Circuit, Court of Appeals. Parish of Tangipahoa. Twenty-First Judicial District Court, 421 So.2d 436.

Denied.


text:
    Howard P. BROUSSARD v. CONTINENTAL CASUALTY, et al.
    No. 82-C-2691.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Howard P. Broussard, applying for writ of review, First Circuit, Court of Appeal. Parish of East Baton Rouge. 421 So.2d 341.

Denied.

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


text:
    CENTRAL INDUSTRIES, INC. v. ACADIANA RESERVES, INC. and Tabco Exploration, Inc.
    No. 82-C-2692.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Tabeo Exploration, Inc. applying for a writ of certiorari, or writ of review, to the Court of Appeal, Third Circuit. Fifteenth Judicial District Court, Lafayette Parish 420 So.2d 1241.

Denied.


text:
    Thomas E. HYSMITH v. C.T. COLESON.
    No. 82-C-2693.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Thomas E. Hysmith, applying for writ of certiorari, or review, First Circuit, Court of Appeal. Parish of St. Tammany. 396 So.2d 393.

Denied. The result is correct as to the claims asserted in this suit.

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


text:
    PRENTICE OIL AND GAS CO. v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 82-C-2695.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re State of Louisiana, Department of Transportation and Development, applying for writ of certiorari or review to the First Circuit, Court of Appeal. Parish of Terre-bonne. Thirty-Second Judicial District Court, 421 So.2d 937.

Denied.

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


text:
    Lisa Larsen PATIN v. INDUSTRIAL ENTERPRISES, INC., et al.
    No. 82-C-2699.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Lisa Larsen Patin, applying for certiorari, or writ of review, to the Court of Appeal First Circuit. Parish of East Baton Rouge. Nineteenth Judicial District Court. Parish of East Baton Rouge. Division “H”. 421 So.2d 362.

Denied.


text:
    Manny COURTADE and Malcolm Orillion v. Tommy TUCKER, et al. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY v. Malcolm O. ORILLION.
    No. 82-C-2700.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Tommy Tucker, Frederick Calloway and Louisiana Farm Bureau Mutual Insurance Company, applying for writ of review, First Circuit, Court of Appeal. Parish of Claiborne. 421 So.2d 375.

Denied.


text:
    Walter CLOUD v. STATE of Louisiana.
    No. 82-C-2701.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Walter Cloud, applying for writ of certiorari or review, to the Court of Appeal, Third Circuit. Parish of Rapides. Ninth Judicial District Court, 419 So.2d 54 and 420 So.2d 1259.

Denied.

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


text:
    Helen HAYS v. CITY OF BATON ROUGE and Parish of East Baton Rouge.
    No. 82-C-2715.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Helen Hays, applying for writ of certiorari to the Court of Appeal, First Circuit. Parish of East Baton Rouge. Nineteenth Judicial District Court, 421 So.2d 347.

Denied.

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


text:
    Walter CLOUD v. STATE of Louisiana.
    No. 82-C-2718.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Hartford Accident & Indemnity Company, applying for writs of certiorari and review, to the Court of Appeal, Third Circuit. Parish of Rapides. Ninth Judicial District Court, 419 So.2d 54 and 420 So.2d 1259.

Denied.

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


text:
    MEDICAL ADJUSTMENT BUREAU, INC. v. Marion and Nina GARRETT.
    No. 82-C-2719.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Medical Adjustment Bureau, Inc., applying for writs of certiorari and review, to the Court of Appeal, Third Circuit. Parish of Lafayette, Fifteenth Judicial District Court 420 So.2d 223.

Denied. The result is correct.


text:
    G.D. LANDRY d/b/a G.D. Landry Distributors v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 82-C-2721.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re G.D. Landry d/b/a G.D. Landry Distributors, applying for writ of review or certiorari, First Circuit, Court of Appeal. Parish of East Baton Rouge. 421 So.2d 329.

Writ denied.


text:
    Gerald K. TATE v. JACOBS ENGINEERING COMPANY, et al.
    No. 82-C-2722.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Gerald K. Tate, applying for writs of certiorari and review, to the Court of Appeal, First Circuit, Nineteenth Judicial District Court. Parish of East Baton Rouge. 421 So.2d 321.

Denied.


text:
    STATE of Louisiana v. Freddie CLEMENTS, Jr.
    No. 82-KH-2738.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Freddie Clements, Jr., applying for writ of habeas corpus, certiorari, and mandamus. Parish of Orleans. No. 272-959.

Denied.


text:
    STATE of Louisiana v. Billy S. MONROE.
    No. 82-KK-2830.
    Supreme Court of Louisiana.
    Dec. 10, 1982.
   In re Billy S. Monroe, applying for writs of mandamus, and stay order. Parish of Orleans. Nos. 278-830 and 278-890; Court of Appeal, Fourth Circuit, No. K-0313.

Denied.


text:
    STATE of Louisiana ex rel., Robert FORTENBERRY, v. Miriam G. WALTZER, Judge, Criminal District Court, Section “A”.
    No. 82-KH-2547.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Robert Fortenberry, applying for a writ of mandamus. Parish of Orleans. Criminal District Court. No. 271-531.

Granted. The district court is ordered to act.


text:
    STATE of Louisiana ex rel. Lloyd LINCOLN v. Honorable John M. McGOUGAN, Warden and Hon. Matthew Braniff, Judge Criminal District Court.
    No. 82-KH-2618.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Lloyd Lincoln, applying for writ of certiorari, prohibition and mandamus. Criminal District Court, Parish of Orleans. No. 282-227.

Granted. Trial judge ordered to furnish relator with copy of Boykin transcript.


text:
    George T. TWEEDEL, et ux v. Elrick BRASSEUX, et al.
    No. 82-C-2681.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Elrick Brasseux, et al, applying for writ of certiorari, to the Court of Appeal, Third Circuit. No. 82-187. Parish of Acadia. Fifteenth Judicial District Court. No. 47756-C.D.

Granted.


text:
    STATE ex rel., David GULLEY v. 32ND JUDICIAL DISTRICT COURT PARISH OF TERREBONNE State of Louisiana.
    No. 82-KH-2736.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re David Gulley, applying for writ of mandamus, prohibition or habeas corpus. Parish of Terrebonne. No. 96034.

Granted. Trial court is ordered to rule on relator’s motion.


text:
    STATE of Louisiana v. Byron HARRINGTON.
    No. 82-KK-2752.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Byron Harrington, applying for writs of certiorari or review and/or supervisory, to the Third Circuit, Court of Appeal. No. K82-624 Thirty eighth Judicial District Court, Nos. 35154 and 35155. Parish of Cameron.

Granted. The ruling of the court of appeal is set aside. Because the court of appeal summarily reversed the trial court’s judgment with a memorandum ruling, and because the result appears to be incorrect, the matter is remanded to the court of appeal for briefing, argument and opinion.

BLANCHE and WATSON, JJ., would deny the application since defendant has a remedy by appeal in event of conviction.


text:
    STATE of Louisiana ex rel., William Hale CONGER v. STATE of Louisiana CRIMINAL SHERIFFS DEPT. NEW ORLEANS, Louisiana Charles Foti, Jr., Criminal Sheriff.
    No. 82-KH-2814.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re William Hale Conger, applying for remedial writs. Parish of Orleans.

Granted and transferred to 4th Circuit, Court of Appeal for consideration.


text:
    STATE of Louisiana v. Joseph L. WASHINGTON.
    No. 82-KH-2829.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Joseph L. Washington, applying for writ of habeas corpus. Orleans Parish. No. 290-006.

Granted for the limited purpose of transferring to court of appeal, Fourth Circuit, for consideration.


text:
    STATE of Louisiana v. Virena SYAS.
    No. 82-KH-2833.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Virena Syas, applying for writ of habeas corpus. Parish of Calcasieu Fourteenth Judicial District Court. No. RC 1274-82.

Granted for the limited purpose of transferring to the court of appeal.


text:
    STATE of Louisiana, ex rel., Howard MORGAN v. CLERK OF COURT, 21ST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON.
    No. 81-KH-1265.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Howard Morgan, applying for writ of mandamus. Parish of Livingston. No. 2461.

Denied. Hearing has commenced.


text:
    STATE of Louisiana, ex rel, Vernell RICHARDSON v. Ross MAGGIO, Jr., et al Warden, Louisiana State Penitentiary.
    No. 82-KH-1037.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Vernell Richardson, applying for writs of habeas corpus, needful writs, orders and process and supervisory writs. Parish of Orleans. No. 237-504.

Denied.


text:
    STATE of Louisiana ex rel. John L. DONALDSON v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 82-KH-1046.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re John L. Donaldson, applying for remedial writs. Parish of Caddo. No. 119,-682-HC.

Denied.


text:
    STATE of Louisiana ex rel. Norman DANOS v. N. Burl CAIN, Warden, Dixon Correctional Institute Jackson, Louisiana, et al.
    No. 82-KH-1064.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Norman Danos, applying for writs of certiorari supervisory and review. Parish of Lafourche. No. 85177.

Denied.


text:
    STATE of Louisiana ex rel. Nathaniel JOHNSON v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 82-KH-1129.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Nathaniel Johnson, applying for writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 3-75-7469.

Denied.


text:
    STATE of Louisiana ex rel., Ronald Gene WIKBERG v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 82-KH-1165.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Ronald Gene Wikberg applying for writs of certiorari, prohibition, mandamus and habeas corpus. Parish of Lafayette. No. 33520.

Denied.


text:
    STATE of Louisiana ex rel. Daniel A. LEE, Jr. v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.
    No. 82-KH-1166.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Daniel Lee, Jr., applying for writ of habeas corpus, certiorari, and remedial. Parish of Jefferson. Twenty-fourth Judicial District Court, No. 80-2785.

Denied.


text:
    STATE of Louisiana ex rel., Bernard FRANCIS v. Miriam G. WALTZER, Judge.
    No. 82-KH-1167.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Bernard Francis applying for remedial and supervisory writs. Parish of Orleans. No. 244-219.

Denied.


text:
    STATE of Louisiana, ex rel., William POWELL v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 82-KH-1274.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re William Powell, applying for remedial writs. Parish of Orleans. No. 245-452.

Denied.


text:
    STATE of Louisiana ex rel., Robert DESDUNES, Jr. v. Ross MAGGIO, Warden.
    No. 82-KH-1330.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Robert DesDunes, Jr. applying for remedial writ. Parish of Orleans.

Denied.


text:
    Michael N. SMITH v. DIVISION OF ADMINISTRATION, STATE CIVIL SERVICE COMMISSION AND DEPARTMENT OF STATE CIVIL SERVICE.
    No. 82-C-1616.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Michael N. Smith, applying for writ of certiorari, First Circuit, Court of Appeal. Nos. 14716,14717 and 714718.

Denied.


text:
    STATE of Louisiana, ex rel. Kenneth BARNES v. N. Burl CAIN/Warden Dixon Correctional Institute.
    No. 82-KH-1845.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re N. Kenneth Barnes, applying for writ of mandamus. Parish of Orleans.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Donald JACKSON v. Michael BEAUBOUEF, Warden, Hunt Correctional Center and Honorable Matthew S. Braniff, Judge, Criminal District Court, Section “B”.
    No. 82-KH-1857.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Donald Jackson, applying for writ of certiorari. Parish of Orleans. No. 246-699.

Writ denied.

CALOGERO and DENNIS, JJ., would grant an evidentiary hearing.


text:
    STATE of Louisiana ex rel. William H. CRIBBS v. Ross MAGGIO, Warden, et al Louisiana State Penitentiary.
    No. 82-KH-2300.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re William H. Cribbs, applying for writ of mandamus. Parish of West Baton Rouge. No. 43002-43003.

Denied. Hearing scheduled for January 11, 1983.


text:
    STATE ex rel Edmond BROWN v. CRIMINAL DISTRICT COURT PARISH OF ORLEANS.
    No. 82-KH-2525.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Edmond Brown, applying for writ of mandamus. Parish of Orleans. No. 264-938.

Denied. Moot.


text:
    STATE of Louisiana ex rel., Gregory DANIELS v. Matthew S. BRANIFF, Judge Criminal District Court Section “B”.
    No. 82-KH-2565.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Gregory Daniels, applying for writ of mandamus. Parish of Orleans. No. 275-425.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Sterling D. LAVIGNE and Eric I. White v. Ross MAGGIO, Warden Louisiana State Penitentiary.
    No. 82-KH-2629.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Sterling D. LaVigne and Eric I. White, applying for writ of mandamus. Parish of Orleans. Criminal District Court, No. 275-205.

Denied.


text:
    STATE of Louisiana, ex rel. John E. HARRELL v. 32ND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE.
    No. 82-KH-2649.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re John E. Harrell, applying for a writ of mandamus Thirty-second Judicial District Court. Parish of Terrebonne. Nos. 90428 and 89888.

Denied.


text:
    STATE of Louisiana, ex rel., Robert Lee GASTON v. Bill C. DOWNEY, Clerk of Court, Fourth Judicial District Court, Parish of Ouachita.
    No. 82-KH-2667.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Robert Lee Gaston, applying for writ of mandamus. Parish of Ouachita. No. 39896.

Denied.


text:
    STATE of Louisiana, ex rel Raymond BRADFORD v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 82-KH-2675.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Raymond Bradford, applying for writ of mandamus. Parish of Orleans. No. 260656.

Denied. Moot.


text:
    STATE of Louisiana, ex rel., Gerald CARNES v. CLERK OF COURT 2ND JUDICIAL DISTRICT COURT PARISH OF BIENVILLE.
    No. 82-KH-2708.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Gerald Carnes, applying for writ of mandamus. Parish of Bienville. No. 20053.

Denied. Moot.


text:
    STATE of Louisiana v. Larry M. SKINNER.
    No. 82-KK-2728.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Larry M. Skinner, applying for writ of review, Second Circuit, Court of Appeal. No. 15208-KW. City Court of Shreveport. No. AA-108863.

Writ denied.


text:
    George N. GUILD, M.D. v. COMMUNITY PSYCHIATRIC CENTERS, d/b/a Coliseum Medical Center, et al.
    No. 82-C-2735.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Community Psychiatric Centers, d/b/a Coliseum Medical Center, et al, applying for supervisory writs, to the Court of Appeal, Fourth Circuit. No. C 0245. Parish of Orleans. Civil District Court, No. 82-15254.

Denied.

MARCUS, J., would grant the writ.


text:
    STATE of Louisiana, ex rel. Ensley JOSEPH v. The Honorable JUDGE CRIMINAL DISTRICT COURT SECTION “C” PARISH OF TERREBONNE STATE OF LOUISIANA.
    No. 82-KH-2749.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Ensley Joseph, applying for writ of mandamus. Terrebonne Parish. No. 103-376.

Denied. Moot.


text:
    Joseph John GROS, et al v. Daniels ELLINGTON, Barnes Truck Lines and Liberty Mutual Insurance.
    No. 82-C-2760.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Daniels Ellington, Barnes Truck Lines and Liberty Mutual Insurance, applying for writs of certiorari or review to the Fifth Circuit, Court of Appeal. No. 82-C-174, Twenty fourth Judicial District Court. Parish of Jefferson. No. 266-710.

Denied.

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


text:
    RESPONSE INSTRUMENT SERVICE & ENGINEERING CORPORATION d/b/a Rise, Inc. v. Raymond N. LONG.
    No. 82-C-2763.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Raymond N. Long, applying for supervisory writs, to the First Circuit, Court of Appeal. No. 82-CW-0911 Nineteenth Judicial District Court. No. 253708.

Writ denied.


text:
    In re COMMITTEE ON PROFESSIONAL RESPONSIBILITY FILE # 6909.
    No. 82-OB-2764.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Committee on Professional Responsibility File # 6909, applying for petition to prevent notice to complainant.

Appeal denied.


text:
    Lillian Pulitzer SMITH et al v. WEMBLEY INDUSTRIES, INC. et al.
    No. 82-C-2783.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Lillian Pulitzer Smith et al, applying for writs of certiorari, mandamus or review, to the Court of Appeal, Fourth Circuit. No. C 0228. Parish of Orleans. Civil District Court. No. 80-14069.

Denied.

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


text:
    DELTA RIDGE IMPLEMENT, INC. v. Edward E. HOLLEY Foster J. JONES, Jr., Sheriff of Richland Parish v. TALLULAH PRODUCTION CREDIT ASSOC., et al.
    No. 82-C-2784.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re United States of America, applying for writ of certiorari, to the Court of Appeal, Second Circuit. Nos. 15045-CA and 15046-CA; Parish of Richland. Fifth Judicial District Court. Nos. 23187 and 23886.

Denied.


text:
    John C. MORRIS, Jr. v. Alice H. MORRIS.
    No. 82-C-2810.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Alice H. Morris, applying for writ of certiorari, or writ of review, to the Court of Appeal, Second Circuit No. 14964 Fifth Judicial District Court. Parish of Richland. No. 23836.

Denied.

CALOGERO, J., would grant the writ.


text:
    Kenneth Glenn CHANDLER v. Christopher Greg CARTER and Karen Yatcho Carter.
    No. 82-C-2813.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Christopher Greg Carter and Karen Yatcho Carter, applying for writs of review and certiorari, to the Court of Appeal, Second Circuit. No. 14984; Parish of Webster. Twenty-Sixth Judicial District Court. No. 349-81.

Denied.

LEMMON, J., would grant the writ.


text:
    STATE of Louisiana v. Tony C. LUCKETT.
    No. 82-KH-2856.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Tony Luckett, applying for remedial writs. Parish of Orleans.

Denied.


text:
    Rowena SPENCER, M.D. v. CHILDREN’S HOSPITAL, et al.
    No. 82-C-2724.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Rowena Spencer, M.D., applying for writ of review, Fifth Circuit, Court of Appeal. Parish of Orleans. 419 So.2d 1307.

Granted.


text:
    STATE of Louisiana v. Terry EDWARDS.
    No. 82-KP-2743.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for writ of certiorari. Orleans Parish. No. 271-536.

Granted.


text:
    Janita THIBODEAUX v. PIONEER LAND DEVELOPMENT AND REALTY CORP., et al.
    No. 82-C-2820.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Janita Thibodeaux, applying for writs of certiorari or review, to the Court of Appeal, Fifth Circuit. Twenty-ninth Judicial District Court, St. Charles Parish, 420 So.2d 1162.

Granted. The judgment of the court of appeal in favor of Thibodeaux and against Bradley is amended in paragraph 2 to award Thibodeaux legal interest from date of judicial demand until paid.


text:
    CITY OF MONROE v. Danny M. BYARS.
    No. 82-K-2578.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Danny M. Byars applying for rehearing of granting of writs of certiorari and review and reversal of ruling of District Court. Parish of Ouachita. No. 812.

Rehearing Granted. The order previously entered herein, November 29, 1982, is amended to read as follows: Granted. The ruling of the district court on appeal is set aside, the case is remanded to the district court to rule on the merits of the appeal. Defendant is permitted to file assignments of error.


text:
    STATE of Louisiana, ex rel. Arthur Lee TAYLOR v. Warden Frank C. BLACKBURN.
    No. 82-KH-1332.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Arthur Lee Taylor, applying for remedial writs. Parish of Caddo. No. 107— 747-HC.

Denied.


text:
    Milton MARSHALL v. BENO TRUCK EQUIP., INC., its owner/s and/or Beno’s Crane Rental, Inc., and Leasing Services, Inc.
    No. 82-C-2661.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Leasing Services, Inc., applying for writs of certiorari and review, to the Court of Appeal, First Circuit. East Baton Rouge Parish, Nineteenth Judicial District Court, 421 So.2d 307.

Denied.


text:
    STATE ex rel, James E. WILLIAMS v. STATE of Louisiana.
    No. 82-KH-2704.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re James E. Williams, applying for a remedial writ. Parish of Orleans. No. 235-114, Criminal District Court.

Denied.


text:
    Randolph H. STANFIELD, Jr., Through his Curatrix, Essia L. SMITH v. INSURANCE COMPANY OF NORTH AMERICA.
    No. 82-C-2730.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Randolph H. Stanfield, Jr., through his Curatrix, Essia L. Smith, applying for writ of certiorari and review. Parish of Rapides. Third Circuit, Court of Appeal. 420 So.2d 1296.

Denied.

DENNIS, J., would grant the writ.


text:
    Merrilyn Joy Bernard FAUST v. William Bryant FAUST, III.
    No. 82-C-2727.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re William Bryant Faust, III, applying for writs of certiorari or review, to the Court of Appeal, First Circuit. No. 82 CA 0276; Tangipahoa, Twenty first Judicial District Court, No. 56084.

Denied.


text:
    Mark B. HOYT v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al.
    No. 82-C-2731.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re State Farm Mutual Automobile Insurance Company, and Mark B. Hoyt, applying for writ of review and certiorari to the Court of Appeal, Third Circuit. Tenth Judicial District Court. Parish of Natchi-toches. 413 So.2d 1003 and 420 So.2d 1254.

Denied.


text:
    Mr. and Mrs. Brian BABIN, Mr. and Mrs. Timothy Letter, Kathy Morel, Mr. and Mrs. Allen Deffner, Jr., Mr. and Mrs. Paul Vitrano, Mr. and Mrs. James Traylor, Mr. and Mrs. Benjamin Sale, Mrs. Patricia Labiche and Mr. and Mrs. John Eason v. Mr. and Mrs. Harry T. COLE, Jr.
    No. 82-C-2741.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Mr. and Mrs. Harry T. Cole, Jr., applying for writ of certiorari, to the Court of Appeal, Fifth Circuit. Parish of Jefferson. Twenty-Fourth Judicial District Court, 419 So.2d 1283.

Denied.


text:
    BUNGE CORPORATION v. SECRETARY OF the DEPARTMENT OF REVENUE & TAXATION.
    No. 82-C-2747.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Bunge Corporation, applying for a writ of certiorari to the Fifth Circuit, Court of Appeal. Twenty-ninth Judicial District Court, Parish of St. Charles. 419 So.2d 1288.

Writ denied.


text:
    Dr. Henry SIMON v. Sarah Allen SIMON.
    No. 82-C-2758.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Sarah Allen Simon, applying for writ of certiorari, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court, 421 So.2d 931.

Denied.

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


text:
    Frances May Bua LO COCO v. Dr. Santo Joseph LO COCO.
    No. 82-C-2759.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Frances May Búa Lo Coco, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Orleans Parish. Civil District Court, 420 So.2d 459.

Denied.

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


text:
    Maggie NAQUIN, et al v. GENERAL ACCIDENT INSURANCE CO., et al.
    No. 82-C-2762.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Maggie Naquin, Et Al, applying for writ of certiorari, to the Court of Appeal, Fifth Circuit. Parish of Jefferson. Twenty-Fourth Judicial District Court, 419 So.2d 1260.

Denied.


text:
    Arthur E. WILLIAMS and Rose Mary Williams, Individually and on Behalf of the Minor, Kimberly WILLIAMS v. The ST. PAUL INSURANCE COMPANIES, et al.
    No. 82-C-2775.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re The St. Paul Insurance Companies, et al, applying for certiorari, or writ of review to the Court of Appeal, Fourth Circuit. Parish of Orleans.' Civil District Court. Parish of Orleans. 419 So.2d 1302.

Denied.

DIXON, C.J., MARCUS and BLANCHE, JJ., would grant the writ.


text:
    Roy HOCK v. SEA CAMPER OF NEW ORLEANS, INC., Ocean Oil International Engineering Corp. and Hector Pazos.
    No. 82-C-2779.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Roy Hock, applying for writ of certiorari or writ of review, to the Court of Appeal, Fourth Circuit. Civil District Court. Parish of Orleans. 419 So.2d 1315.

Denied.

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


text:
    Franklin E. WILLIAMS v. Joshua GRIFFIN, Sr., Union Carbide Corporation & Kemper Insurance Co.
    No. 82-C-2788.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Joshua Griffin, Sr., Union Carbide Corporation and Kemper Insurance Company, applying for writ of certiorari to the Fourth Circuit. Parish of Orleans. Civil District Court. Parish of Orleans. 422 So.2d 199.

Denied.

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


text:
    Edmund M. BRIGNAC and Leonard J. Sintes, Trustees for the Alfred F. Brignac, Sr. Trust v. Azalie BRIGNAC.
    No. 82-C-2797.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Azalie Brignac, applying for writ of certiorari, to the Court of Appeal, Fourth Circuit. Parish of Orleans. Civil District Court, 419 So.2d 1313.

Denied.


text:
    Harry E. LINDSTROM v. Julia ARNOLD, Carolyn K. Arnold, United Services Automobile Association Casualty Insurance Company and Peter Howard.
    No. 82-C-2799.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re United Services Automobile Association Casualty Insurance Company, applying for writ of certiorari or review, Second Circuit, Court of Appeal. Parish of Bossier. 421 So.2d 1178.

Denied.

BLANCHE, J., would grant the writ.


text:
    Mildred BURNELL v. SPORTRAN TRANSIT SYSTEM COMPANY, et al.
    No. 82-C-2800.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Louisiana Transit Management, Inc., and of Transit Casualty Co., applying for writ of certiorari, to the Court of Appeal, Second Circuit. Parish of Caddo. First Judicial District Court, 421 So.2d 1199.

Denied.

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


text:
    Cynthia BOOTH v. POTASHNICK CONSTRUCTION CO. and State of Louisiana, Through the Dept. of Transportation and Development.
    No. 82-C-2807.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Cynthia Booth, applying for writs of certiorari and review, to the Court of Appeal, Second Circuit. Caddo Parish. First Judicial District Court, 420 So.2d 512.

Denied.


text:
    Mattie FRANKLIN v. CHARITY HOSPITAL OF LOUISIANA AND TRAVELERS INSURANCE CO.
    No. 82-C-2809.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Mattie Franklin, applying for writ of certiorari and/or review to the Fourth Circuit, Court of Appeal. Civil District Court Parish of Orleans. 422 So.2d 243.

Writ denied.


text:
    EMPIRE LAND CORPORATION v. DRILLING STRUCTURES, INC., et al.
    No. 82-C-2729.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Larry Sanders, applying for writ of certiorari, mandamus, and review, Civil District Court. Parish of Orleans. No. 82-515; Fourth Circuit, Court of Appeal. No. C-0167.

Granted. Case remanded to court of appeal to rule on merits of application for writs. Herlitz Construction Co. v. Hotel Investors of New Iberia, 396 So.2d 878 (La.1981).


text:
    Phillip W. HOUSE and Karen House v. Joe E. THOMPSON and ABC Insurance.
    No. 82-C-2785.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Joe E. Thompson and ABC Insurance Company, applying for writ of certio-rari, to review decision of First Circuit, Court of Appeal. No. 82-CW-0783 Nineteenth Judicial District Court. Parish of East Baton Rouge. No. 250410, Division

Granted. Judgment of court of appeal is reversed and case is remanded to that court to be reconsidered before a panel of 5 judges. La.Const. art. 5, § 8(B). Bank of New Orleans & Trust Co. v. Seavey, 383 So.2d 354 (La.1980).


text:
    Robert Lee TUTTLE v. Ruth Walker TUTTLE.
    No. 82-C-2796.
    Supreme Court of Louisiana.
    Dec. 20, 1982.
   In re Ruth Walker Tuttle, applying for writ of certiorari, to the Court of Appeal, Fifth Circuit. No. 82-C-152. Parish of Jefferson. Twenty-Fourth Judicial District Court. No. 210-421.

Not considered. Untimely filed. See Rule 10 § 5(b).