author: DENNIS, Justice.

text:
    STATE of Louisiana v. James NAPIER and Walter B. Gatewood.
    No. 65860.
    Supreme Court of Louisiana.
    June 23, 1980.

      William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mam-oulides, Dist. Atty., Abbott J. Reeves, William W. Hall, Asst. Dist. Attys., for plaintiff-appellee.
    Jack Quarles, Martha E. Sassone, Indigent Defender Board, for defendant-appellant.
   DENNIS, Justice.

Defendants James Napier and Walter Gatewood were charged with a crime of simple burglary, La.R.S. 14:62, arising out of an incident at the Whitney Shop in Gret-na. The defendants were tried separately. Napier was found guilty as charged and was sentenced to serve five years imprisonment at hard labor. Gatewood was found guilty of attempted simple burglary and received a sentence of imprisonment at hard labor for four years. Both defendants appeal their convictions arguing primarily that confessions given by them should have been suppressed because they were given only as a result of promises allegedly made by the arresting police officers. The defendants’ arguments are without merit. The trial judge’s ruling that the statements were not improperly induced is supported by the record. We, therefore, affirm the convictions and sentences of both defendants.

On April 17, 1977 the police received a call at about 8:25 p. m. that a burglary was in progress at the Whitney Shop in Gretna. Patrolman Dunn was the first on the scene and when he arrived he spotted Napier outside the business. The officer called out to Napier who responded by turning and walking in the other direction, ultimately walking behind a large trailer on the premises. Officer Dunn followed and placed Napier under arrest, read his Miranda rights, and placed the defendant in the police car. Dunn testified that at that point he went to the building and looked in, spotting another person still inside. He radioed headquarters for additional men and a K-9 unit. Upon arrival the K-9 team entered the building and captured Gatewood, placing him under arrest.

Both Napier and Gatewood gave statements to the police about the burglary. They said they were prisoners at the Forest County Prison Farm located in Mississippi and had been sent to Louisiana by Warden Alford of Forest County Prison to steal tools. Defendants explained that the warden was planning to open a shop near the prison where he would repair stolen cars and sell them. The warden, however, needed tools to effectuate this operation. Therefore, he sent prisoners, Napier and Gatewood, to steal what he needed; a practice which, according to the defendants, was not uncommon. The defendants expressed great fear of Warden Alford, who allegedly told them not to return without his tools.

The defendants argue that the officers promised them that neither Napier nor Gatewood would be sent back to Mississippi or prosecuted in Louisiana on burglary charges if they would give a statement describing the illegal activity allegedly occurring in Mississippi. Both defendants gave statements which were introduced at each defendant’s trial despite defendants’ arguments that the confessions were not voluntary.

In order for a confession to be introduced into evidence the state has the burden of showing affirmatively and beyond a reasonable doubt that the confession was made freely and voluntarily and that it was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. La.R.S. 15:451; La.C.Cr.P. art. 703(C); State v. Manning, 380 So.2d 46 (La.1980); State v. Bouffanie, 364 So.2d 971 (La.1978); State v. Glover, 343 So.2d 118 (La.1977). In reviewing the trial judge’s ruling on the admissibility of the confession his findings of fact and determinations of credibility are due great weight. State v. Bouffanie, supra; State v. Bias, 352 So.2d 1011 (La.1977). We find no error in the trial judge’s ruling that the statements were admissible in that they were given freely and voluntarily and were not the result of any improper influence on the part of the police. It is not disputed that both Napier and Gatewood were given their rights under Miranda at the time of their arrest and before any statements were given. Later each defendant was presented a police “rights of arrestee” form which enumerated the defendants’ rights and each signed the form acknowledging that he understood all of the rights enumerated thereon. They also signed statements saying that their confessions were given freely and voluntarily and not as a result of any inducement or promise. Any question of the validity of the confessions is a result only of the defendants’ account of what happened immediately preceding the giving of the statements.

Defendant Gatewood actually gave two statements, one on the date of the burglary, April 17th, and another several days later, April 22nd. Only the April 22nd statement was introduced at trial. Although the first statement was not introduced, the defense argues that its illegality taints the voluntariness of the April 22nd statement. The circumstances surrounding the giving of the first statement must be considered in determining the propriety of admitting the second statement at trial.

The story of Gatewood’s arrest is told differently by him and by the policeman making the arrest. Officer O’Quain testified that upon entering the Whitney Shop he gave the command for the K-9 Max to seek out and find the person still in the building. Max searched the building and detected that Gatewood had climbed upon the top of the false ceiling and was hiding there between it and the roof. O’Quain climbed a ladder up to this level. He grabbed Gatewood as the defendant tried to get away. A scuffle ensued during which punches were exchanged. Then the two men stepped off of the lumber cross pieces and onto the unsupported ceiling. This flimsy ceiling material was unable to hold their weight and both men fell through to the floor. When they fell the dog grabbed Gatewood by the leg. As Gatewood tried to get away from the dog it became more vicious and bit the defendant on the arms and legs. Officer O’Quain was somewhat stunned at first from the fall and upon regaining his complete consciousness called the dog off and arrested Gatewood. The defendant had sustained several lacerations and scratches on his arms and legs from the dog and had also sustained a broken nose. He was given first aid treatment by those present and then proceeded to give a statement to police.

Gatewood’s story of the arrest is very different. According to his version, when O’Quain climbed the ladder he pointed his gun at Gatewood who immediately surrendered. The officer made Gatewood climb down the ladder first. When he got almost to the floor the dog grabbed his pants leg. Although Gatewood protested, O’Quain would not call the dog off and forced defendant to climb down to the floor. When the policeman reached the floor he hit Gate-wood breaking his glasses and his nose. Gatewood’s attempt to retreat from the brutality of the officer resulted in his being more severely bitten by the dog. He was finally placed under arrest formally and escorted to the police car.

Gatewood went on to say that he was not given any medical treatment and was told that he didn’t have to make a statement but that his cohorts had already made statements and if Gatewood did not he would be returned to the care of the Mississippi authorities. Defendant argues that because of his fear of Warden Alford and his pain from the injuries he had received he gave the statement. Only after this was he taken to the hospital where he received treatment for his wounds.

The state did not seek to introduce Gate-wood’s statement made at the time of the arrest on April 17th. Rather, a statement given by him on April 22nd was introduced. The defense argues that although the April 22nd statement was taken after Gatewood had been treated for his injuries, it should be held inadmissible because it was tainted by the first allegedly involuntary statement. The first statement was involuntary, according to the defendant, because he was in such pain from his untreated wounds and because Officer Dunn told him that his companions had already made statements about the operation in Mississippi and that if he did not do the same, he would be sent back to Mississippi.

Accepting defendant’s argument that the first statement was not given freely and voluntarily, “the proper inquiry is whether the conditions that [would render] the earlier confession inadmissible carried over to invalidate the subsequent one.” State v. Welch, 337 So.2d 1114, 1120 (La.1976). See also State v. Young, 344 So.2d 983 (La.1977). The second statement was given after Gatewood had been treated for his injuries and was no longer in any pain from them. Therefore, the pain he was required to withstand when the first statement was given was not a factor in connection with the second statement.

The other factor argued by Gate-wood as being an improper inducement to confess is the threat to send him back to Mississippi if he did not give a statement. Such threats or promises may in fact constitute sufficient inducement to confess to affect the admissibility of the statement. See State v. Jackson and Sneed, 381 So.2d 485 (La.1980). In this case, however, Officer Dunn directly controverted the giving of any such assurances to Gatewood in order to induce him to confess. See State v. Bouffanie, supra, at 974; State v. Simmons, 328 So.2d 149 (La.1976). Therefore, the admissibility of the statement ultimately hinges on the credibility of each witness. The trial judge’s determination of credibility is entitled to great weight and should not be overturned unless unsupported by the evidence. State v. Webb, 364 So.2d 984 (La.1978); State v. Matthews, 354 So.2d 552 (La.1978). Our review of the evidence does not show that the trial judge abused his discretion in finding that Gatewood gave the April 22nd statement freely and voluntarily. Any taint occurring as a result of the April 17th statement was attenuated both by time and circumstance so as not to affect the admissibility of the April 22nd statement.

Napier also argues that he gave a confession to police only in response to promises that in return for his statement he would not be returned to Mississippi and would not be prosecuted for this burglary or would receive a sentence only for time already served. Napier’s argument falls, however, with the examination of the necessary sequence of events. Primarily, it is to be noted again that confessions may not be admitted at trial if they are the result of promises, threats, or inducements. We cannot find any plausible sequence of events in which defendant’s statement regarding the theft of tools and the reasons for the commission of the crime could result from the alleged police promises. To recount, Napier alleges that the police promises were that in return for a confession, the defendant would not be returned to Mississippi and the care of Warden Alford. The police also allegedly promised that no prosecution for burglary would follow, or at the most the sentence would be limited to time served. According to Napier the reasoning of the police was that they did not care about the burglary but wanted to find out about the goings on in Mississippi with Warden Alford. The logical fallacy in the contention that these promises induced the confession is that without defendant having first offered the information about the burglary being ordered by Warden Alford the police would have no knowledge of the circumstances. It is clear, therefore, that Napier must have offered the information about the burglary and the warden not as a result of any promises, but before any such alleged promises could have been made.

Napier’s argument that he confessed only as a result of police promises is unfounded. It is obvious that he must have given a statement before police would have had sufficient knowledge to make promises of the nature alleged by Napier. On this basis we cannot say that the statement was induced by police promises or that it was not freely and voluntarily given.

As an additional assignment of error Gatewood also argues that the twelve year maximum possible penalty for simple burglary and the six year maximum possible penalty for attempted simple burglary are excessive and, therefore, unconstitutional. La.R.S. 14:62, 27; United States Const., 8th Amend.; La.Const.1974, Art. 1, § 20. Gate-wood received a four year sentence for attempted simple burglary, but argues that because of its unconstitutionality no valid sentence can be imposed under La.R.S. 14:62.

A twelve year sentence for simple burglary is not unconstitutionally excessive under either the cruel or unusual punishment prohibition of the United States Constitution or the specific prohibition against excessive punishment of our Louisiana Constitution. Such a sentence for simple burglary is not so grossly disproportionate to the severity of the crime charged that it shocks our sense of justice. See Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 2681, 53 L.Ed.2d 982 (1977); State v. Beavers, 382 So.2d 943 (La.1980). The defense has not shown that the legislature stepped outside its broad scope of authority in providing for a possible twelve year prison term. We do not believe that the penalty provision provides for an unconstitutionally excessive sentence considering the severity of the crime of simple burglary, the frequency of its occurrence, and the probability of harm to the victims.

For the above assigned reasons we hold that both the Napier and Gatewood statements were freely and voluntarily given and not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. They were, therefore, properly admitted into evidence. We also hold that the maximum possible sentence of twelve years imprisonment for simple burglary is not unconstitutionally excessive. Defendants’ convictions and sentences are affirmed.

AFFIRMED.

      . Assignments of Error 1, 2, 3, 4, 6, 7, 8, 9 and 10 filed by Gatewood were neither briefed nor argued and are, therefore, deemed abandoned.

      . At the motion to suppress hearing Detective Gros read the pertinent portion of the form that the defendants signed. It states: “It is a possibility for your participation in other crimes is also under investigation. According to the provisions of the Constitution of the United States and the State of Louisiana, it is my duty to inform you that you need not make any statements, that is, you have a right to remain silent. Anything you say may be used against you in trial. You have a right to consult with and obtain the advice of an attorney before answering any questions. If you cannot afford an attorney, the court will obtain an attorney to represent and advise you. You have a right to have your attorney or an appointed attorney present at the time of any questioning or giving of any statement.”

      . As read by Detective Gros at the motion to suppress hearing this statement is as follows: “I have been duly warned and advised by Det. Gary Gros, the person who identifies himself as a Gretna City Hall (It should have been ‘police officer’) that I do not have to make any statement at all or answer any question or do anything that might tend to go against me or incriminate me in any manner. That any statement I make may be used against me on a trial or trials for the offense or offenses concerned, which the following statement is herein made. I was also warned and advised of my right to the advice and presence of a lawyer of my own choice before, at any time during any questioning or statement I make and if I am not able to hire a lawyer, I may request to have a lawyer appointed for me by the proper authority without cost or charge to me. I do not want to talk to a lawyer and I hereby waive my right to the advice and presence of a lawyer before and during any questioning or at any time before or while I voluntarily make the following statement to the aforesaid person, knowing that anything I say can and will be used against me in a Court of law. I declare the following voluntary statement as made to the aforesaid person of my own free will without promise or hope of reward, without fear or threat of physical harm, without coercion or offer of favor, without leniency or offer of leniency by any person or persons whatsoever.”


source: Caselaw Access Project

license: Public Domain

text:
    STATE of Louisiana v. Randell Bruce ALMARAZ.
    No. 67153.
    Supreme Court of Louisiana.
    April 8, 1980.
   In re Randell Bruce Almaraz applying for remedial writ. Parish of Terrebonne. No. 86563.

Denied. State v. McCloud, La., 357 So.2d 1132.


text:
    Mrs. Jewel Buckel, wife of/and John E. BUCKEL v. MAISON BLANCHE CORPORATION, Otis Elevator Company and Travelers Insurance Company.
    No. 67112.
    Supreme Court of Louisiana.
    April 8, 1980.
   In re Mrs. Jewel Buckel, wife of/and John E. Buckel, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 379 So.2d 849.

Granted. The judgment of the court of appeal is vacated and the case is remanded to the court of appeal for reconsideration in light of Marquez v. City Stores Company, 371 So.2d 810 (La.1979).


text:
    STATE of Louisiana v. Frederick D. GRAY.
    No. 67221.
    Supreme Court of Louisiana.
    April 9, 1980.
   In re Frederick D. Gray, applying for writ of certiorari or review. Parish of Cad-do. No. 111,677.

On the showing made, writ denied.

DIXON, C. J., concurs in the denial. See State v. Swails, 223 La. 751, 66 So.2d 796; State v. Daigle, La., 344 So.2d 1380; State v. Veal, La., 326 So.2d 329; State v. Gray, La., 291 So.2d 390.


text:
    STATE of Louisiana v. Danny G. SERMON.
    No. 67322.
    Supreme Court of Louisiana.
    April 16, 1980.
   In re Danny G. Sermon, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Calcasieu. No. 10,318-77.

Granted. State v. Procell, La., 365 So.2d 484, does not require a bifurcated trial if the prosecution does not seek the death penalty. Since the state and defense have agreed the death penalty will not be sought, the defendant can only receive a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Remanded for further proceedings.


text:
    STATE of Louisiana ex rel. Melvin VICKS v. Warden Roger AUCOIN.
    No. 67005.
    Supreme Court of Louisiana.
    May 1, 1980.
   In re Melvin Vicks, applying for writ of mandamus. Parish of East Baton Rouge. Number unknown.

Granted. The district judge is ordered to hold a hearing on the application for a writ of habeas corpus no later than Monday, May 5 or release the applicant from custody. See C.Cr.P. 361, comment (b), and Payton v. N. Y.,-U.S.-, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).


text:
    STATE In the Interest of George M. PORTER.
    No. 67590.
    Supreme Court of Louisiana.
    May 22, 1980.
   In re George M. Porter, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of Orleans, Juvenile Court. No. 187203.

Writ granted. Evidentiary hearing is ordered forthwith upon relator’s allegations that guilty plea was entered upon the assurance of his counsel that there would be no incarceration at LTI. State v. Baudoin, La., 334 So.2d 186.

Defendant relator is ordered returned to New Orleans and incarcerated in the Youth Study Center or other suitable facility in the trial judge’s discretion.


text:
    STATE of Louisiana v. Gregory BOULMAY.
    No. 67556.
    Supreme Court of Louisiana.
    May 30, 1980.
   In re Gregory Boulmay, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of St. Tammany. No. 60697.

Granted. Ruling of court below is reversed. The trial judge is recused. See State v. LeBlanc, 367 So.2d 335 (La.1979).


text:
    STATE of Louisiana v. Lee C. BUTLER.
    No. 67505.
    Supreme Court of Louisiana.
    June 6, 1980.
   In re State of Louisiana, through the District Attorney, Harry P. Connick, applying for writ of certiorari and review. Parish of Orleans. No. 271-178.

Denied.

WATSON, J., would grant the writ.


text:
    STATE of Louisiana ex rel. Douglas JOHNSON v. Warden Ross MAGGIO.
    No. 67428.
    Supreme Court of Louisiana.
    June 6, 1980.
   In re Douglas Johnson applying for writ of mandamus. Parish of East Baton Rouge. Number unknown.

Denied.


text:
    Roland PARKER v. KROGER’S INC.
    No. 67652.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Kroger’s Inc. applying for certiora-ri, or writ of review, to the Court of Appeal, Third Circuit. Parish of Calcasieu, 14th Judicial District Court. 382 So.2d 458.

Granted.


text:
    Curtis BAILEY v. MISSOURI PACIFIC RAILROAD CO.
    No. 67700.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Missouri Pacific Railroad Co., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Allen. 383 So.2d 397.

Denied.


text:
    STATE of Louisiana ex rel. Amos BOUDREAUX v. Frank C. BLACKBURN et al., Warden, Louisiana State Penitentiary.
    No. 67527.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Amos Boudreaux, applying for writ of habeas corpus. Parish of West Feliciana, 4th Judicial District Court.

Granted. The ruling of the trial court is reversed and the plea of guilty is set aside. The record shows that the relator was not advised of the right of confrontation.


text:
    STATE of Louisiana v. Larry G. MARTIN.
    No. 67677.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Larry G. Martin, applying for writs of certiorari or review. Parish of Lafayette, 15th Judicial District Court. No. ST-28193.

Writ denied.


text:
    STATE of Louisiana v. John Marlin FONTENOT.
    No. 67676.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re State of Louisiana, applying for writs of certiorari, prohibition and mandamus. Parish of Calcasieu, 14th Judicial District Court. No. RC 173-79.

Denied.


text:
    Benny RICHARD v. STATE of Louisiana et al.
    No. 67456.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Benny Ricard, applying for certiora-ri, or writ of review, to the Court of Appeal, First Circuit, 19th Judicial District Court. Parish of East Baton Rouge. No. 12,951.

Granted.


text:
    STATE of Louisiana v. Thomas KIDD.
    No. 67547.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re State of Louisiana through the Attorney General’s Office, applying for supervisory writs. Parish of Tangipahoa, 1st Judicial District Court. No. 43480.

Granted. The ruling of the trial court on the motion to quash is reversed and the case is remanded.


text:
    H. C. HOBBS et al. v. CENTRAL EQUIPMENT RENTALS, INC., et al.
    No. 67667.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re H. C. Hobbs et al., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of St. Martin, 16th Judicial District Court. 382 So.2d 238.

Denied.


text:
    Patricia Coogan wife of/and William Stephen LAMBERT v. PARISH OF JEFFERSON.
    No. 67592.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Parish of Jefferson, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 381 So.2d 1320.

Granted.


text:
    Fernando S. WOODWORTH v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES and Greenwell Springs Hospital.
    No. 67673.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re Dr. Fernando S. Woodworth, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. No. 13,142, Civil Service Commission.

Denied.


text:
    STATE of Louisiana v. Vernon BERNARD.
    No. 67738.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re State of Louisiana through the District Attorney Harry F. Connick applying for writs of certiorari, mandamus, and prohibition. Parish of Orleans. No. 275-136, Sect. D.

Granted and consolidated with State v. Brown, La., 384 So.2d 803.


text:
    STATE of Louisiana v. Leroy JONES and Wilhemina Joseph.
    No. 67658.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re State of Louisiana, through the District Attorney Harry F. Connick, applying for supervisory writs. Parish of Orleans. No. 276-392.

Granted. Ruling of trial judge set aside. Crime of aggravated kidnapping is not capital, nor is it capital for procedural purposes. See State v. Polk, 376 So.2d 151 (La.1979).


text:
    STATE of Louisiana v. Ronald O’Shea BOWDEN.
    No. 67729.
    Supreme Court of Louisiana.
    June 13, 1980.
   In re State of Louisiana, applying for writ of certiorari. Parish of Lincoln, 3rd Judicial District Court. No. 25,667.

Granted. The ruling of the trial court is reversed. State v. Berry, 324 So.2d 822 (La.1975).


text:
    Lloyd A. RUSSELL v. J. Al AMISS, Sheriff, et al.
    No. 67731.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Lloyd A. Russell, applying for cer-tiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge, 19th Judicial District Court. No. 13,155.

Denied.

DIXON, C. J., votes to grant the writ.


text:
    STATE of Louisiana ex rel. Josepha BRADBERRY v. STATE of Louisiana.
    No. 67725.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Josepha Bradberry applying for writs of certiorari, mandamus and prohibition. Parish of Caddo. Nos. 110,636-HC and 107,821.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Billy Wayne SINCLAIR v. Ossie BROWN, District Attorney, Parish of East Baton Rouge.
    No. 67739.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Billy Wayne Sinclair applying for writs of certiorari and prohibition. Parish of East Baton Rouge.

Writ denied.

BLANCHE, J., recused.

WATSON, J., would transfer to the court of appeal.


text:
    Donna E. SIMS v. HARTFORD ACCIDENT & INDEMNITY CO. et al.
    No. 67741.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Donna E. Sims, applying for certio-rari or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 19th Judicial District Court. No. 13,150.

Denied.


text:
    STATE of Louisiana ex rel. Joseph LAWSON v. Honorable Judge BECKER.
    No. 67742.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Joseph Lawson applying for remedial writs. Parish of Orleans. No. 271-110.

Denied. Issue can be raised on appeal.


text:
    STATE of Louisiana ex rel. Kelly Dean MCABE v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 66271.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Kelly Dean Mcabe, applying for supervisory writs. Parish of Orleans. Number unknown.

Denied. Relator must first apply in the district court.


text:
    STATE of Louisiana ex rel. Lionel JENKINS v. ORLEANS INDIGENT DEFENDER PROGRAM.
    No. 66129.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Lionel Jenkins, applying for remedial writs. Parish of Orleans. No. 366-126.

Denied.


text:
    STATE of Louisiana ex rel. Samuel PROCTER v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 65137.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Samuel Procter, applying for writ of mandamus. Orleans Parish. No. 173-247.

Denied. We have been advised by trial court that application filed December 4, 1978 cannot be located. Hence, application should be refiled.


text:
    STATE of Louisiana v. Cornelius VIRGIL.
    No. 67765.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re State of Louisiana, applying for writ of certiorari, mandamus and prohibition. Parish of Orleans. Criminal District Court. No. 271-804.

Granted.


text:
    State in the Interest of Tod REDDICKS.
    No. 67749.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Louisiana Dept, of Health and Human Resources, Office of Human Development applying for remedial or supervisory writs of certiorari, review and mandamus. Parish of Jefferson. No. 43,664, Sect. "B”.

Granted and remanded to the Court of Appeal to be heard and acted on by the Sapia panel.


text:
    STATE of Louisiana v. Ben McCOY.
    No. 67702.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Ben McCoy, applying for writs of certiorari, prohibition and mandamus. Parish of Caddo. No. 112,314.

Granted.


text:
    STATE of Louisiana ex rel. Templer JOHNSON v. Frank BLACKBURN et al., Warden, Louisiana State Penitentiary.
    No. 67663.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Templer Johnson applying for mandamus relief. Parish of Orleans. No. 253-094.

Granted. The trial judge is ordered to act on relator’s petition within 30 days.


text:
    STATE of Louisiana v. Gregory Allen LOTT.
    No. 65695.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Gregory Allen Lott, applying for writ of review. Parish of Ouachita. No. 39,007.

Writ granted.


text:
    STATE of Louisiana ex rel. Billy Wayne SINCLAIR v. John D. HUNTER, Chairman, Louisiana Board of Pardons.
    No. 67789.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Billy Wayne Sinclair applying for writs of certiorari and review. Parish of East Baton Rouge.

Writ denied.

BLANCHE, J., recused.

WATSON, J., would transfer to the court of appeal.


text:
    R. C. ANDERSON v. Don LESTER et ux.
    No. 67800.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Donald E. Lester, Jr., and Sue Fur-ger Lester, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Natchitoches. No. 7463.

Denied.


text:
    STATE of Louisiana v. Kenneth Lee SIMMONS.
    No. 67812.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Kenneth Lee Simmons, applying for writs of certiorari. Parish of Orleans. No. 178-906.

Denied.


text:
    TEXACO, INC. v. Jules G. FRISARD, d/b/a New Orleans East Texaco.
    No. 67823.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Jules G. Frisará, Jr., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. No. 11158.

Denied.

CALOGERO, J., would grant the writ.

LEMMON, J., recused.


text:
    STATE of Louisiana v. Nettie Clark FLYNN.
    No. 67827.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re State of Louisiana, through the District Attorney, J. Carl Parkerson, applying for writ of certiorari and review. Parish of Morehouse. No. 28,014.

Denied.


text:
    STATE of Louisiana v. ROGER WILLIAMS INSURANCE COMPANY.
    No. 67836.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Roger Williams Insurance Co., applying for writs of certiorari, prohibition, mandamus and stay order. Parish of East Baton Rouge. No. 236-342.

Denied.

MARCUS, J., would grant the writ.


text:
    STATE of Louisiana ex rel. Sherman GILLS v. LOYOLA LAW SCHOOL CLINIC.
    No. 66459.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Sherman Gills, applying for remedial writs and writ of mandamus. Parish of Orleans. No. 261-754.

Denied.


text:
    STATE of Louisiana ex rel. Ronald O. CLESI v. STATE of Louisiana.
    No. 66903.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Ronald 0. Clesi, applying for writ of mandamus. Parish of Orleans. No. 266-782.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Arthur WILLIAMS v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 67201.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Arthur Williams, applying for writ of habeas corpus. Parish of Orleans. No. 257-523.

Denied.


text:
    STATE of Louisiana ex rel. Henry Lewis BOSS, Sr. v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 67239.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Henry Lewis Boss, Sr. applying for writ of habeas corpus. Parish of Orleans. No. 253-368.

Denied.


text:
    Succession of Louzallie LITTLETON.
    No. 67822.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Wilbur C. Littleton and the Heirs of Louzallie Littleton, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Union. 382 So.2d 1054.

Denied.

WATSON, J., would grant the writ.


text:
    Edward H. LOWRY et al. v. MRT EXPLORATION COMPANY et al.
    No. 67821.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Edward H. Lowry et al., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Claiborne. 382 So.2d 1034.

Writ denied.


text:
    Mrs. Aline Solomon CLEMENTS et al. v. ALLSTATE INSURANCE COMPANY et al.
    No. 67813.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re John Frenkel and Allstate Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 383 So.2d 1375.

Denied.


text:
    Sarah J. CAMPBELL v. BAKER, CULPEPPER & BRUNSON et al.
    No. 67811.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Baker, Culpepper & Brunson et al., applying for certiorari or writ of review, to the Court of Appeal, Second Circuit. Parish of Lincoln. 382 So.2d 1046.

Denied.


text:
    Vernon SELF v. RIVERSIDE COMPANIES, INC.
    No. 67810.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Riverside Companies, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Winn. 382 So.2d 1037.

Denied.


text:
    BOUCHER & SLACK CONTRACTORS, INC., and Bronner Investment Company, Inc., a Joint Venture v. Harvey McLEAN, Jr., Liquidator of Woodlands of Huntington et al.
    No. 67806.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Boucher & Slack Contractors, Inc. et al., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Caddo. 382 So.2d 1030.

Granted.


text:
    James L. BORDELON v. Cheryl Gaspard BORDELON.
    No. 67521.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re James L. Bordelon, applying for certiorari, or writ of review to the Court of Appeal, Third Circuit. Parish of Avoyelles, 12th Judicial District Court. 381 So.2d 871.

Granted.


text:
    BROWN & ROOT et al. v. MISSOURI PACIFIC RAILROAD CO. et al.
    No. 67609.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Monsanto Company and the Travelers Insurance Company applying for certio-rari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of St. Charles. 381 So.2d 1255.

Denied.

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

LEMON, J., recused.


text:
    Warren LESTER v. REBEL CRANE & SERVICE COMPANY and Insurance Company of North America.
    No. 67542.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Warren Lester, applying for certio-rari, or writ of review, to the Court of Appeal, Fourth Circuit. 24th Judicial District Court, Parish of Jefferson. 381 So.2d 1318.

Granted.


text:
    STATE of Louisiana ex rel. Edward James ARMSTEAD, Jr. v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 67743.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Edward James Armstead, Jr. applying for remedial writs. Parish of Iberia.

Denied.


text:
    STATE of Louisiana ex rel. Reginald WRIGHT v. Frank BLACKBURN, Warden and Frank Marullo, Judge, Section “D”, Criminal District Court.
    No. 67711.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Reginald Wright applying for writ of mandamus and motion to proceed in for-ma pauperis. Parish of Orleans. No. 254-559.

Granted. Relator is ordered furnished transcripts of Boykinization requested.


text:
    George RICHARDSON v. LOUISIANA COCA-COLA BOTTLING CO., LTD.
    No. 67785.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Louisiana Coca-Cola Bottling Co., Ltd., applying for writs of certiorari, prohibition and mandamus. Parish of Orleans, Civil District Court. No. 79-7970.

Denied.


text:
    STATE of Louisiana v. Arlie H. DANIELS, Jr.
    No. 67777.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Arlie H. Daniels, Jr., applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Beauregard.

Denied on the showing made.


text:
    STATE of Louisiana v. Louis MIRAMBELL.
    No. 67772.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Louis Mirambell, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson, 24th Judicial District Court. No. 77-1099.

Denied.


text:
    BEDFORD PLANTATION, INC. v. Robert L. NETTERVILLE.
    No. 67763.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Bedford Plantation, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Madison. No. 14,109.

Denied.


text:
    STATE of Louisiana ex rel. Billy Wayne SINCLAIR v. Mike CANNON, Clerk, 19th Judicial District Court; Johnny Johnston, Chief of Police, Baton Rouge City Police Dept.; Al Amiss, Sheriff, East Baton Rouge Parish; and Ossie Brown, D. A., East Baton Rouge Parish.
    No. 67759.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Billy Wayne Sinclair applying for writs of certiorari and review. Parish of East Baton Rouge. No. 54,969.

Denied.

BLANCHE, J., recused.

WATSON, J., would transfer to the court of appeal.


text:
    STATE of Louisiana ex rel. Henry MAJOR v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 67758.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Henry Major applying for remedial writs. Parish of East Baton Rouge. No. 1-12-75-723, Crim. Sect. I.

Denied.


text:
    James STURDIVANT v. STATE of Louisiana.
    No. 67757.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re James Sturdivant, applying for petition for supervisory writs of review and certiorari. Parish of Jefferson. No. 173430.

Denied.


text:
    Pauline T. SONGY v. Huey P. LaPLACE et al.
    No. 67756.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Huey P. LaPlace et al., applying for supervisory and/or remedial writ. Parish of Orleans. No. 11597.

Writ denied.


text:
    STATE of Louisiana ex rel. Tyronne J. FORREST v. Joe RIDDLE, Court Reporter.
    No. 67754.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Tyronne J. Forrest applying for remedial writs. Parish of Orleans. No. 269-672.

Denied.


text:
    STATE of Louisiana v. Robert Ernest PAUL.
    No. 67753.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Robert Ernest Paul applying for remedial writs. Parish of Terrebonne. No. 86,622.

Denied.


text:
    STATE of Louisiana ex rel. Louis WILLIAMS v. Warden Frank BLACKBURN, Louisiana State Penitentiary.
    No. 67751.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Louis Williams, applying for writ of habeas corpus, certiorari, prohibition, mandamus. Parish of Orleans. No. 234-889.

Denied.


text:
    STATE of Louisiana ex rel. Vernado MIXON v. STATE of Louisiana.
    No. 67745.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Vernado Mixon, applying for writ of habeas corpus. Parish of Orleans. No. 247-393.

Denied.


text:
    STATE of Louisiana ex rel. Charles THOMPSON v. Frank BLACKBURN, Warden.
    No. 67674.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Charles Thompson applying for remedial writs. Parish of Caddo. No. 104,-093.

Denied.


text:
    STATE of Louisiana ex rel. Willis Joseph RICHARDS v. Douglass J. NEHRBASS, Judge, 15TH Judicial District Court.
    No. 67715.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Willis Joseph Richards, applying for remedial writs. Parish of Beauregard. No. 35891.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. Jeffery EATON and George Eaton v. 34TH JUDICIAL DISTRICT COURT, PARISH OF ST. BERNARD.
    No. 67714.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Jeffery Eaton and George Eaton, applying for writ of mandamus. Parish of St. Bernard. No. 34-538.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Frank SMITH v. STATE of Louisiana.
    No. 67713.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Frank Smith applying for remedial writs. Parish of Orleans.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Robert HARRISON, Jr. v. STATE of Louisiana.
    No. 67694.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Robert Harrison, Jr. applying for remedial writs. Parish of Orleans. No. 273-803.

Writ denied.


text:
    STATE of Louisiana ex rel. Kenneth Lee SIMMONS v. STATE of Louisiana.
    No. 67684.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Kenneth Lee Simmons applying for remedial writs. Parish of Orleans. No. 178-906.

Denied.


text:
    STATE of Louisiana v. Kerry CUREAUX.
    No. 67672.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re State of Louisiana, applying for supervisory writs. Parish of Orleans, Criminal District Court, Section A. No. 275-546.

Denied.

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


text:
    STATE of Louisiana v. Craig S. COCO.
    No. 67688.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Craig S. Coco, applying for writs of certiorari, prohibition, and mandamus. Parish of Jefferson. No. 78-2435.

Denied.

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


text:
    STATE of Louisiana v. Wayne LIVAS.
    No. 67671.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Wayne Livas, applying for writs of certiorari, prohibition and mandamus. Parish of Orleans, Criminal District Court. Section J. No. 262-625.

Denied.


text:
    Vernon MICHAELMAN v. Sheriff J. Al AMISS et al.
    No. 67659.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re State of Louisiana, through the Attorney General, applying for writs of review and certiorari. Parish of East Baton Rouge. No. 216 -241.

Writ denied.

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

LEMMON, J., would reconsider issue of deputy being an employee of the parish.


text:
    STATE of Louisiana ex rel. Thomas W. PICKENS v. Honorable L. P. HIGGINBOTHAM, Judge 19th Judicial District; Victor Townsley, Deputy Probation and Paroles; Department of Corrections.
    No. 67644.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Thomas W. Pickens applying for remedial writs. Parish of East Baton Rouge. No. 3-80-168, Section IV.

Denied.


text:
    STATE of Louisiana v. Harold Martin STEPHENS.
    No. 67586.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Harold Martin Stephens applying for remedial writs. Parish of Natchitoches. No. 43528.

Denied.


text:
    Clarence RANDOLPH v. Chares C. FOTI, Jr. et al. Orleans Parish Criminal Sheriff.
    No. 67578.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Clarence Randolph, applying for remedial writs. Parish of Orleans. No. 267-145.

Denied. Moot.


text:
    COUNTY OF SAN DIEGO v. Richard Winston POWELL.
    No. 67362.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Richard Winston Powell, applying for remedial writs. Parish of Winn. No. 1110.

Denied.

WATSON, J., would grant the writ.


text:
    Sarah Watson CARTER v. Charles Robert CARTER.
    No. 67769.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Charles Robert Carter, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. No. 13,308.

Denied.

WATSON, J., would grant the writ.


text:
    H & H SEWER SYSTEMS, INC. v. INSURANCE GUARANTY ASSOCIATION.
    No. 67680.
    Supreme Court of Louisiana.
    June 23, 1980.
   In re Insurance Guaranty Association, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 349 So.2d 965.

Granted.


text:
    STATE of Louisiana v. Charles LANE.
    No. 80-K-1416.
    Supreme Court of Louisiana.
    June 24, 1980.
   In re Charles Lane, applying for writs of certiorari, prohibition, mandamus and stay order. Jefferson Parish. No. 79-2841.

Denied.


text:
    STATE of Louisiana v. Larry Joe PHILLIPS.
    No. 80-K-1420.
    Supreme Court of Louisiana.
    June 24, 1980.
   In re Larry Joe Phillips, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Orleans. No. 275-828.

Writ denied.


text:
    STATE of Louisiana v. Carl H. WEBSTER.
    No. 80-K-1434.
    Supreme Court of Louisiana.
    June 26, 1980.
   In re Carl H. Webster, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 80-930.

Denied.


text:
    In re Angela Mary REILLY.
    No. 80-O-1447.
    Supreme Court of Louisiana.
    July 3, 1980.
   In re Angela Mary Reilly, applying for application to take the Louisiana Bar Examination.

Granted.

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


text:
    STATE of Louisiana v. Samuel DAUPHINE.
    No. 80-K-1497.
    Supreme Court of Louisiana.
    July 3, 1980.
   In re Samuel Dauphine, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Orleans. No. 272-869.

Writ denied.


text:
    STATE of Louisiana ex rel. William B. TAYLOR v. Edwin A. LOMBARD, Clerk of Criminal Court.
    No. 66589.
    Supreme Court of Louisiana.
    July 3, 1980.
   In re William B. Taylor applying for writ of mandamus. Parish of Orleans. Number unknown.

Granted. Trial court is ordered to act within 14 days.


text:
    GENERAL MOTORS ACCEPTANCE CORPORATION v. Succession of Ed COLEMAN.
    No. 80-C-1461.
    Supreme Court of Louisiana.
    July 3, 1980.
   In re Herbert Coleman, applying for cer-tiorari, or writ of review, and stay order, to the Court of Appeal, Fourth Circuit. No. 11,660. Parish of Orleans.

Granted. Original preliminary injunction granted by trial judge reinstated. Application for writs to the court of appeal was untimely, time for appeal having expired. Code of C.P. art. 3612.


text:
    STATE of Louisiana v. Eric Michael Armstrong REID.
    No. 80-K-1467.
    Supreme Court of Louisiana.
    July 3, 1980.
   In re Eric Michael Armstrong Reid applying for remedial writs to the Orleans Criminal District Court. No. 275-822.

Granted. This Court has the power to review the ruling complained of. La.Const. Art. 5, §§ 2 and 5(A) (1974). See State v. Doucet, 199 La. 276, 5 So.2d 894 (1942). Relator is granted to July 15, 1980 to file his application with this Court.