text:
    Charles Edward KLOHN v. LOUISIANA POWER & LIGHT.
    No. 81-C-1233.
    Supreme Court of Louisiana.
    Nov. 16, 1981.
    Rehearing Denied Dec. 14, 1981.
    William P. Brumfield and H. Alva Brum-field, III, of Brumfield & Brumfield, Baton Rouge, for defendant-applicant.
    John H. Musser, IV; Eugene G. Taggert, of Monroe & LeMann, New Orleans, John F. Pugh, Jr., of Pugh, Lanier & Pugh, Thi-bodaux, for plaintiff-respondent.
   CALOGERO, Justice.

The issue presented in this tort suit is whether summary judgment for defendant should have been granted declaring that plaintiff’s exclusive remedy is under the worker’s compensation statute. Resolution of this question depends on whether defendant, City of Thibodaux, has shown that there is no genuine issue as to a material fact, i.e. that the work plaintiff was performing at the time of his injury was either work which was “a part of [the City’s] trade, business or occupation or which [it] had contracted to perform.” La.R.S. 23:1061.

Plaintiff, Charles Edward Klohn, was an employee of Cooper Energy Services, Inc. Cooper had contracted with Louisiana Power and Light to torque the head of a cylinder at the electrical power plant LP&L was operating for the City of Thibodaux. The City owned the power plant, but pursuant to an “Operating Agreement” entered into between the City and LP&L, commencing on November 12, 1976, LP&L operated the plant. Klohn was injured on June 27, 1979 when he fell through a hole on a grated walkway while working at the plant.

Plaintiff initially filed a tort action against LP&L. He later amended his petition to include the City of Thibodaux and several employees of LP&L. All defendants filed motions for summary judgment. LP&L’s, and its employees’ motions were granted and the tort suit against them was dismissed upon the trial court’s finding that LP&L was plaintiff’s statutory employer. (That ruling is not presently before us.) The City’s motion was taken under advisement and later also granted upon a finding by the trial judge “that LP&L was and is operating the power plant as the city’s agent ...,” and consequently that the City was in the business of providing electric service at the time of plaintiff’s accident; that the City was, therefore, the statutory employer of the plaintiff.

The Court of Appeal 401 So.2d 377 (La. App. 1st Cir. 1981) affirmed the trial court ruling, finding that the City was still “in the business of producing electricity” and had only turned over the operation of the power plant to its operating agent, LP&L.

We granted writs to review the lower court rulings mainly because of plaintiff’s assertion that there was a genuine issue as to a material fact concerning whether the City was still in the business of providing electric service. Plaintiff contends that at trial on the merits he can prove that at the time of the accident, having entered into the “Operating Agreement” with LP&L, the City no longer had any part in operating the power plant and had in fact ceased to retain any connexity with the trade, business or occupation of providing electrical service.

Prior to our consideration of this issue on the merits, there is a preliminary matter which must be considered. Defendant has filed a motion in this Court to supplement the record. Particularly, defendant is requesting that the bond resolution referred to in the “Operating Agreement” be added to the record in this case and considered in determining whether the lower courts erred in granting defendant’s motion for summary judgment.

In his reasons for judgment, the trial judge made reference to the bond resolution. It is argued that the trial judge had the authority, under La.R.S. 13:3712, to take judicial cognizance of the bond resolution and that it should, therefore, be considered by this Court as part of the record in the case.

La. R.S. 13:3712, concerning the trial court’s authority to take judicial notice of certain matters, provides in pertinent part:

B. All courts of record in the state shall take judicial cognizance of the municipal ordinances and parochial ordinances which may be enacted by governing authority of any town, city, municipality, or parish within their respective jurisdictions whenever certified copies of such ordinances have been filed with the clerk of said court.

Since the bond resolution qualifies as a municipal ordinance, having been enacted by the governing authority of the municipality, City of Thibodaux, and further, since a certified copy of the bond resolution was filed with the clerk of the district court, it is argued that the trial judge properly took judicial notice of it. Plaintiff does not dispute the above contentions but rather argues that this Court should not now allow supplementation of the record with the certified copy of the bond resolution. He contends that if supplementation of the record with the bond resolution is deemed appropriate, then the case should be remanded to the trial court to have the document admitted there.

Plaintiff argues that to allow supplementation of the record in this Court with a copy of the bond resolution severely prejudices him because the reference to it by the trial judge provided plaintiff with the first notice he had of the document and its relevance to the proceedings.

We are not persuaded by plaintiff’s argument that he is prejudiced by consideration of the document by this Court. In numerous instances throughout the “Operating Agreement” reference is made to the bond resolution (not merely reference to its existence but rather reference to its substance), making it a part of the operating agreement. (LP&L was required to maintain such insurance as was required by the bond resolutions; LP&L was required to make such monthly payments as were required by the bond resolution; the bond resolution could not be violated in any way.) Upon reading the “Operating Agreement” it had to have been obvious to plaintiff that the bond resolution was an integral part of the agreement between the City of Thibodaux and LP&L and that it was substantially relevant.

R. S. 13:3712, authorizing trial courts to take judicial notice of municipal ordinances is applicable generally, including in proceedings upon motion for summary judgment. The trial court therefore properly considered the bond resolution, certified copy of which is shown to have been filed with the clerk of the district court, notwithstanding that the instrument was not introduced and filed as an independent exhibit in the trial court. That the trial judge did in fact take judicial notice of the bond resolution is evident from his reference to it in his reasons for judgment on the motion.

For purpose of an appellate court’s review, however, it is incumbent upon the party relying thereon to make part of the appellate record a certified copy of the ordinance of which the trial judge took judicial notice. That copy should be made part of the record either before its lodging in the appellate court or, as in the case at hand, by the filing of a motion to supplement the record in the appellate court. Absent a suggestion by his opponent that the document does not represent a certified copy or that the document was not properly filed of record in the office of the clerk of the district court, it is appropriate to allow the requested supplementation. The motion to supplement the record with the bond resolution is therefore granted.

Turning now to the merits of the ease, that is, whether the trial court erred in granting defendant’s motion for summary judgment, the law is clear that a motion for summary judgment should be granted where it is shown that no genuine issue of material fact exists and that mover is entitled to judgment as a matter of law. La. C.C.P. art. 966; Duvalle v. Lake Kenilworth, Inc., 396 So.2d 1268 (La.1981); Cates v. Beauregard Electric Coop., 328 So.2d 367 (La.1976). The party moving for summary judgment has the burden of showing the absence of a genuine issue as to any material fact. Mashburn v. Collin, 355 So.2d 879 (La.1977). And where the trial court is presented with a choice of reasonable inferences to be drawn from the subsidiary facts contained in the affidavits, attached exhibits and depositions, the reasonable inferences must be viewed in the light most favorable to the party opposing the motion. Duvalle v. Lake Kenilworth, supra.

Defendant argues that the pleadings, together with the affidavit of C. D. Clement, the “Operating Agreement,” and the certified copy of the bond resolution, establish that there is no genuine issue as to any material fact and that the City is entitled to a judgment as a matter of law. Plaintiff, on the other hand, contends that on a trial on the merits he can prove that the City had no control over the operation of the power plant and thus there is a genuine issue as to a material fact, and summary judgment was improperly granted.

Plaintiff’s argument is without merit, for his only asserted material fact is not in contest but, rather, admitted by the City. In Mr. Clement’s affidavit, filed by the City, it is admitted that “the exclusive operational control of the municipal power plant on that date [the day of plaintiff’s accident] was in the hands of the Louisiana Power and Light Company by virtue of the agreement entered into November 3, 1976 between the City of Thibodaux and Louisiana Power and Light Co.” There is no genuine issue as to the material facts presented in this case.

In order for defendant to succeed under its motion as framed, it must be undisputed that the City of Thibodaux was a principal, or plaintiff’s statutory employer under La. R.S. 23:1061 and La. R.S. 23:1032.

La. R.S. 23:1061, concerning when an employer will be considered a principal, provides in pertinent part as follows:

Where any person (in this section referred to as principal) undertakes to execute any work, which is a part of his trade business or occupation or which he had contracted to perform, and contracts with any person (in this section referred to as contractor) for the execution by or under the contractor of the whole or any part of the work undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work or to his dependent, any compensation under this Chapter which he would have been liable to pay if the employee had been immediately employed by him; and where compensation is claimed from, or proceedings are taken against, the principal, then, in the application of this Chapter reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the employee under the employer by whom he is immediately employed, (emphasis provided.)

La. R. S. 23:1032, concerning the exclusiveness of the compensation remedy, provides in pertinent part as follows:

The rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights and remedies of such employee, his personal representatives, dependents, or relations, against his employer, or any principal or any officer, director, stockholder, partner or employee of such employer or — principal, for said injury, or compensable sickness or disease. For purposes of this Section, the work “principal" shall be defined as any person who undertakes to execute any work which is a part of his trade, business, or occupation in which he was engaged at the time of the injury, or which he had contracted to perform and contracts with any person for the execution thereof. (emphasis provided)

Under the above statutes, the City will be considered plaintiff’s principal if it is one who “undertakes to execute any work which is a part of his [the City’s] trade, business or occupation or which he [the City] had contracted to perform and contracts with any person [LP&L, which in turn contracted with Cooper Energy Services, Inc.] (in this section referred to as contractor) for the execution by or under the contractor [LP&L and Cooper] of the whole or any part of the work undertaken by the principal [the City] . . .. ” In other words, if plaintiff, under his employer’s contract with LP&L, was executing the whole or any part of the work undertaken by the City either because the work was part of the City’s trade, business or occupation or because the City had contracted to perform the work, then the City would meet the definition of principal and be plaintiff’s statutory employer, thereby limiting plaintiff’s remedy to worker’s compensation.

The City of Thibodaux owned and had operated the electrical plant for a number of years prior to plaintiff’s accident. In 1963 the Board of Trustees of the City of Thibodaux passed a resolution authorizing the issuance of bonds to enable the City to raise money for improvements, repair and expansion of the utilities system (the electric power plant and the waterworks plant). Since that time, the Board of Trustees has authorized the issuance of bonds for the same purpose on several different occasions. The bonds were issued upon the condition that the City not sell or lease the utilities system.

Section 16 of the bond resolution provides in pertinent part:

That so long as any of the bonds herein authorized are outstanding and unpaid in principal or interest, the City shall be bound and obligated not to sell, lease, encumber or in any manner dispose of the Utilities System or any substantial part thereof;

Under this clause of the bond resolution the City is required to retain ownership of the Utilities System and is responsible for insuring the operation of the electric and water systems. The City’s ultimate responsibility for the operation of the Utilities System is especially clear when this clause, prohibiting the lease of the plant, is read in conjunction with other clauses of the bond resolution prohibiting the City from granting a franchise to any competing utility company, requiring the City to maintain insurance on the Utilities System, requiring the City to maintain financial books and records on the expenditures of the Utilities System, requiring the City to control the rates that may be charged for services furnished by the Utilities System, and holding the City liable in the event of default on the bonds.

In accordance with the City’s duty under the bond resolution to insure the operation of the electric system, the City upon concluding that it would be more advantageous to the City and its residents to have the electrical plant operated with the assurance of paying off the bonds, entered into an “Operating Agreement” with Louisiana Power and Light. Plaintiff argues that when the City entered this agreement with LP&L it was no longer in the trade, business or occupation of providing electric service. We do not agree.

As stated above, under the bond resolution, the City was obligated to continue to operate the Utilities System as long as any of the authorized bonds were outstanding and unpaid. It was for this reason that the City entered into the contract with LP&L as its agent, whereby LP&L would operate the electric power plant on behalf of the City. While it is true that under the “Operating Agreement” the parties agreed that LP&L as the City’s agent, would have complete control over the operation of the electric branch of the Utilities System, it was with the proviso that LP&L not violate any of the conditions of the bond resolution, and that LP&L make the required payments on the bonds and an additional sum to the City. Since the primary liability for the bond payments remained in the City, the City retained an interest in the operation of the power plant, and did not remove itself from the electric and/or water utilities business when they entered into the “Operating Agreement” with LP&L.

To the contrary, the City retained the ownership of the electric plant and was prohibited from selling, leasing, encumbering or in any way disposing of it. The City had the obligation under the bond resolution not to divest itself of the Utilities System or the responsibility for providing electric and water service to its residents. The City merely chose to comply with the bond resolution and its obligations under them in a manner which it deemed financially advantageous, that is, by contracting with LP&L to operate the power plant or execute a part of the work the City had an obligation to perform. The City remained responsible for the operation of the plant and in the event LP&L were to cease to operate it, the City would again be required to operate the plant with its own employees or make some other arrangements. Operation by the City of the waterworks system was not directly affected by the agreement with LP&L. As long as LP&L operated the electric plant the City benefited from the operation thereof because LP&L was required to meet the bond payments (which would otherwise have come partially from the revenues of the waterworks plant) and to pay the City at least $140,000.00 annually. LP&L used the City’s materials, supplies, tools, automotive and vehicular equipment, rights of way and servitudes in operating the power plant. The City was to retain the previously paid customer deposits for the duration of the operating agreement and was responsible for refunding any deposits to those customers who might cancel their electric service during that period. The City retained the responsibility for maintaining financial records on the Utilities System, including the electric plant. Finally, it was provided in the operating agreement that the City would have to pay LP&L for any additions, improvements or replacements made by LP&L to the power plant upon termination of the operating agreement.

Therefore, after reviewing the pleadings, affidavits, “Operating Agreement” and bond resolution, we conclude that the City was obligated to operate the Utilities System, including electric, as long as there were outstanding bonds, that the City did operate the electric system for several years, and that the City remained in the trade, business or occupation of providing electric service notwithstanding the fact that it contracted with LP&L for the execution by LP&L “of the whole or any part of the work [it had] undertaken.” Since the City was in the trade, business or occupation of providing electric service at the time of plaintiff’s accident, and the work plaintiff was performing was in furtherance of that business, the City was a principal, or plaintiff’s statutory employer. Under La. R.S. 23:1032 plaintiff’s exclusive remedy against the City of Thibodaux is under the worker’s compensation statute; summary judgment in favor of defendant, dismissing plaintiff’s tort suit, was properly granted.

Decree

For the foregoing reasons, we affirm the lower court rulings granting defendant’s motion for summary judgment.

AFFIRMED.

DENNIS, J., dissents with reasons.

LEMMON, J., dissents.

      . The trial court concluded that plaintiff Klohn was an employee of Cooper Energy Services, Inc., and that Cooper, had contracted with LP&L to perform certain services for LP&L concerning the City of Thibodaux’s power plant. It was further found that the work plaintiff was performing at the time of his injury, mechanical work and repairs to the diesel engines, was work that was being executed pursuant to the contract between Cooper and LP&L, and that the work was an integral and necessary part of the regular trade business and occupation of LP&L in operating the power plant. The Court of Appeal affirmed that ruling. Klohn v. LP&L, 394 So.2d 636 (La.App. 1st Cir. 1980). This Court denied writs from the Court of Appeal judgment and that judgment is therefore final.

      . The bond resolution authorized the issuance of $1,300,000.00 of “Utilities Revenue Bonds” of the City of Thibodaux to raise money for the operation of the Utilities System (the waterworks and electrical plants). It also outlined the details for repayment of the bonds as well as certain covenants and agreements concerning the security for the bonds.

      . Although there seems to have been at least some question in the past as to whether tort immunity should be extended to a principal [See Broussard v. Heebe's Bakery, 263 La. 561, 268 So.2d 656 (1972), Tate, J., concurring at 263 La. 575-77, 268 So.2d 661] that question has been legislatively resolved by the 1976 amendment to La. R.S. 23:1032, codifying the principal’s tort immunity. See Malone & Johnson, Louisiana Civil Law Treatise, Workers’ Compensation, 128 (1980).


source: Caselaw Access Project

author: DENNIS, Justice.

license: Public Domain

text:
    Linda H. McDONALD v. INTERNATIONAL PAPER COMPANY.
    No. 81-C-1379.
    Supreme Court of Louisiana.
    Nov. 16, 1981.
    Rehearing Denied Dec. 14, 1981.

      J. Bachman Lee of Theus, Grisham, Davis & Leigh, Charles L. Hamaker of Madison, Garrett, Brandon, Hamaker & Tugwell, Monroe, for defendant-applicant.
    John T. Campbell of Campbell, Campbell & Johnson, Minden, for plaintiff-respondent.
   DENNIS, Justice.

This is a worker’s compensation case involving a claim for benefits as a result of an employee’s death caused by a myocardial infarction. The trial and intermediate appellate courts allowed recovery of benefits, penalties, and attorney’s fees. McDonald v. International Paper Company, 398 So.2d 1182 (La.App.2d Cir. 1981). We affirm the award of death benefits, but reverse the penalty and attorney’s fees decree.

After reviewing the evidence and considering the arguments of counsel, we conclude that the lower court’s findings and decisions are correct on the issue of liability under the compensation statute for the reasons expressed by the court of appeal. It is well established that an unexpected and catastrophic effect upon an employee, such as death by heart attack, produced by extraordinary mental or emotional work-related stress, is compensable. Ferguson v. HDE, Inc., 270 So.2d 867 (La.1973). The character of the case does not change in kind, but only in degree when the stimulus takes the form of sustained anxiety or pressure leading to heart attack or cerebral hemorrhage. IB A. Larson, The Law of Workmen’s Compensation § 42.21 at 7-590 (1980). The vast majority of other jurisdictions hold that extraordinary anxiety and worry associated with employment constitute, without more, an accidental injury justifying an award of worker’s compensation if the injury and anxiety has caused physical deterioration such as a myocardial infarction. Townsend v. Maine Bureau of Public Safety, 404 A.2d 1014 (Me.1979); Little v. Korber & Co., 71 N.M. 294, 378 P.2d 119 (1963); Coleman v. Andrew Jergens Co., 65 N.J.Super. 592, 168 A.2d 265 (1961); Klimas v. Trans Caribbean Airways, Inc., 10 N.Y.2d 209, 219 N.Y.S.2d 14, 176 N.E.2d 714 (1961); Insurance Dep’t v. Dinsmore, 233 Miss. 569, 102 So.2d 691 aff’d on rehearing, 104 So.2d 296 (1958); Fireman’s Fund Indem. Co. v. Industrial Acc. Comm’n., 241 P.2d 299 (Cal.App.1952), aff’d, 39 Cal.2d 831, 250 P.2d 148 (1952); Hoage v. Royal Indem. Co., 67 App.D.C. 142, 90 F.2d 387, cert. denied, 302 U.S. 736, 778, 58 S.Ct. 122, 82 L.Ed. 569 (1937); 1B A. Larson, supra, at § 42.21. As set forth in the trial and appeals court opinions, the employee in this case, for several weeks before his death, was subjected to extraordinary emotional and mental stress associated with the impending closure of his mill, the possible termination of his job, and the increased difficulty of his job because of shorthanded, dilatory workcrews and poorly maintained equipment. Dr. McCormick and Dr. Bridges testified that this work-related stress was a cause of the employee’s terminal heart attack. For these reasons, we conclude that the evidence rationally supports a finding that the employee’s myocardial infarction was produced by extraordinary mental and emotional stress related to his employment.

However, the penalties and attorney fees provided by La.R.S. 23:1201.2 are not warranted in this case. As Judge Fred Jones noted in dissenting from this part of the court of appeal decision:

“The record shows that plaintiff’s husband had been on his employment premises for some 10 or 15 minutes prior to his fatal heart attack, but had not engaged in any work during that time. The autopsy report prepared by the pathologist, Dr. George McCormick, contained no information connecting the cause of death with the decedent’s employment. Immediately after the death, decedent’s widow indicated to one of defendant’s officials at the plant that the decedent had been under considerable stress because of recent deaths of family members.
“Even though defendant, after trial, was deemed in error in refusing to voluntarily pay workmen’s compensation benefits to plaintiff, I do not believe that this refusal was without a reasonable foundation in fact or law. Whether the fatal heart attack was causally connected to the decedent’s employment was a serious factual issue. The purpose of the trial was to resolve this issue. Defendant should not be penalized for availing itself of this right.”

Whether the work-related mental and emotional stress was extraordinary or any greater than that of everyday life, and whether this stress was a real cause of the employee’s heart attack were serious questions that could only be resolved by trial. The employer’s failure to pay benefits within sixty days under those circumstances, was not arbitrary, capricious, or without probable cause.

AFFIRMED IN PART; REVERSED IN PART.

WATSON, J., concurs in affirming the award of death benefits but dissents from reversing the award of penalties and attorney fees.


text:
    Tony FERRAND, Plaintiff-Appellant, v. KAISER ALUMINUM & CHEMICAL CORPORATION, Defendant-Appellee.
    No. 81-C-1458.
    Supreme Court of Louisiana.
    Dec. 4, 1981.
    Heisler & Wysocki, Vincent Paciera, Jr., New Orleans, for plaintiff-appellant.

      Lemle, Kelleher, Kohlmeyer & Matthews, Paul B. Deal, New Orleans, for defendant-appellee.
   MOTION TO DISMISS

On joint motion of Vincent Paciera, Jr., attorney for plaintiff and Paul B. Deal, attorney for defendant, and on suggesting to the court that this cause has been compromised and that the writ of review granted herein on June 22, 1981 should be withdrawn and dismissed:

IT IS ORDERED BY THE COURT that the writ of review granted in these proceedings on June 22, 1981, 401 So.2d 1194, be and it is hereby withdrawn and dismissed.


text:
    STATE of Louisiana v. Scott SKINNER.
    No. 81-K-2056.
    Supreme Court of Louisiana.
    Aug. 5, 1981.
   In re Scott Skinner, applying for writs of certiorari, prohibition, and mandamus. Parish of Jefferson. No. 81-2436.

Writ granted. Trial judge ordered to conduct a preliminary examination and/or a hearing on relator’s habeas application within 24 hours. If State fails to meet its burden of proof at the hearing, defendant must be released.


text:
    STATE of Louisiana v. Benjamin THOMAS.
    No. 81-K-1941.
    Supreme Court of Louisiana.
    Aug. 7, 1981.
   In re Benjamin Thomas, applying for writs of certiorari, prohibition, mandamus and a stay order. Parish of Lafayette. No. 45227.

Denied.


text:
    STATE of Louisiana v. William THOM, Sr.
    No. 81-K-2107.
    Supreme Court of Louisiana.
    Aug. 10, 1981.
   In re William Thom, Sr., applying for writ of certiorari. Parish of Jefferson. No. 80-884 “G”.

Granted. Trial judge ordered to comply with this Court’s order of July 2, 1981 in 81-K-1734 within 10 days.


text:
    STATE of Louisiana v. Vivian Ann WRIGHT, et al. and Steve C. Smith.
    No. 81-K-2078.
    Supreme Court of Louisiana.
    Aug. 12, 1981.
   In re Vivian Ann Wright, et al. and Steve C. Smith, applying for writs of certiorari, prohibition and mandamus. Parish of Oua-chita. Nos. 40014 and 40017.

Denied. Adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana v. Oscar FRADGER, Jr.
    No. 81-K-2142.
    Supreme Court of Louisiana.
    Aug. 13, 1981.
   In re Oscar Fradger, Jr., applying for writs of certiorari, prohibition and mandamus. Parish of Caddo. No. 118713.

Granted. Since the only witness at the preliminary hearing was a detective who only testified to defendant’s version of the shooting, and since the police witness had no information about the victim’s version of the shooting, no probable cause has been demonstrated at this time; therefore, relator is ordered released.


text:
    STATE of Louisiana v. T. C. SLAVEN.
    No. 81-K-2145.
    Supreme Court of Louisiana.
    Aug. 13, 1981.
   In re T. C. Slaven, applying for writs of certiorari, prohibition and mandamus. Parish of Washington. No. 35441.

Granted; a hearing is ordered forthwith to determine whether relator should be released on bond pending appeal.


text:
    In re Application of Carole Shelby Carnes TUCKER.
    No. 81-O-0972.
    Supreme Court of Louisiana.
    Aug. 17, 1981.
   On considering the application of Carole Shelby Carnes Tucker for admission to the practice of law in the State of Louisiana and on considering the report of the Commissioner filed in this matter,

It is Ordered that Carole Shelby Carnes Tucker be admitted to the practice of law in the State of Louisiana. Ruling on the issue of costs is reserved pending further orders of the Court.


text:
    STATE of Louisiana v. Patrick ETIENNE.
    No. 81-K-2144.
    Supreme Court of Louisiana.
    Aug. 17, 1981.
   In re Patrick Etienne, applying for writs of certiorari, review, prohibition and mandamus. Parish of Vermillion. No. 81 — K— 2144.

Granted. Evidentiary hearing ordered forthwith on relator’s habeas corpus application.


text:
    STATE of Louisiana v. John PARKER.
    No. 81-K-2202.
    Supreme Court of Louisiana.
    Aug. 18, 1981.
   In re John Parker, applying for writs of certiorari, mandamus, review, and stay order. Parish of East Baton Rouge. No. 12-80-791.

Denied.


text:
    STATE of Louisiana, ex rel. Norman LANOIX v. Fred S. BOWES, 24th Judicial District Court Judge, Division “E”.
    No. 81-KH-2209.
    Supreme Court of Louisiana.
    Aug. 18, 1981.
   In re Norman Lanoix, applying for writ of mandamus. Parish of Jefferson. Number.

Denied. District court advised that there is no record of relator’s motion to fix bail pending appeal. Accordingly, relator should re-file motion so that it may be acted upon by the district court.


text:
    STATE of Louisiana v. Robert James SHARP, Jr.
    No. 81-K-2200.
    Supreme Court of Louisiana.
    Aug. 19, 1981.
   In re Robert James Sharp, Jr., applying for writs of review. Parish of Terrebonne. Number Unknown.

Upon information supplied to this Court that the Governor has issued a warrant, the application is denied.


text:
    STATE of Louisiana v. Edward MANUEL.
    No. 81-K-2229.
    Supreme Court of Louisiana.
    Aug. 20, 1981.
   In re Edward Manuel, applying for writs of certiorari, prohibition, mandamus, habeas corpus and stay order. Parish of Calcasieu. No. 9737-77.

Denied.


text:
    STATE of Louisiana v. Malcolm ALEXANDER.
    No. 81-K-1853.
    Supreme Court of Louisiana.
    Aug. 20, 1981.
   In re Malcolm Alexander, applying for supervisory writ. Parish of Jefferson. No. 81-0-1207.

Denied.


text:
    STATE of Louisiana v. Kenneth V. SLOCUM.
    No. 81-K-2514.
    Supreme Court of Louisiana.
    Sept. 21, 1981.
   In re Kenneth V. Slocum, applying for writs of certiorari, prohibition and mandamus. Parish of Tangipahoa. No. 44679.

Granted. The ruling of the trial court is reversed and the trial court is ordered to relieve defendant from bail. Remanded for further proceedings.


text:
    STATE of Louisiana in the Interest of Troy WRIGHT.
    No. 81-CK-2530.
    Supreme Court of Louisiana.
    Sept. 24, 1981.
   In re Troy Wright, applying for writs of certiorari, prohibition, mandamus and a stay order. Parish of Orleans. Nos. 190-983, 191-180.

Transfer hearing stayed pending further orders of this Court.


text:
    Henry J. BROCK, et al. v. ST. JAMES PARISH COUNCIL, Paul Keller, Parish President, Gaston Bourgeois, Tax Collector of St. James Parish and St. James Parish School Board, et al.
    No. 81-C-2553.
    Supreme Court of Louisiana.
    Sept. 25, 1981.
   In re St. James Parish Council, Paul Keller, Parish President, Gaston Bourgeois, Tax Collector of St. James Parish and St. James Parish School Board, applying for motion to exercise supervisory jurisdiction and expedite final determination. Parish of St. James. No. 14658.

Writ denied. Relators may seek an expedited hearing and determination of the issues in the court of appeal.


text:
    STATE of Louisiana v. John L. SWINDLE and Chapman Dodge Center, Inc.
    No. 81-K-2587.
    Supreme Court of Louisiana.
    Sept. 25, 1981.
   In re John L. Swindle and Chapman Dodge Center, Inc., applying for writs of certiorari, prohibition, mandamus and stay order. Parish of East Baton Rouge. No. 11-80-46-A.

Granted. The trial court is instructed to grant an order of appeal.


text:
    Johnny Earl PARKER v. TRAVELERS INSURANCE COMPANY, et al.
    No. 81-C-2129.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Travelers Insurance Company, et al., applying for writ of certiorari and review, to the Fourth Circuit, Court of Appeal. St. Bernard Parish. 400 So.2d 682.

Writ denied.


text:
    STATE of Louisiana v. William B. TAYLOR.
    No. 81-K-2692.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re William B. Taylor, applying for writ of review and stay order. Parish of Terre-bonne.

Granted. Bond reduced to $100,000.


text:
    STATE of Louisiana v. David FISCHBEIN and Vickie Fischbein.
    No. 81-K-2693.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re David Fischbein and Vickie Fisch-bein, applying for writs of certiorari and stay order. Parish of St. Tammany. No. 48-406.-

Granted in part and denied in part. It is ordered that before trial the district judge, if he has not done so, examine the file which was shown to the defense counsel and make a determination as to whether the informant was a participant in the crimes charged; if he was, his identity shall be made known to defense counsel in the event the state elects to proceed with trial; otherwise, the writ is denied.


text:
    STATE of Louisiana v. Valvis V. KIMBLE.
    No. 81-K-1902.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Valvis V. Kimble, applying for writs of certiorari. Parish of East Baton Rouge. No. 1-81-110.

Writ granted.


text:
    STATE of Louisiana v. Nathaniel STEWART.
    No. 81-K-2124.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Nathaniel Stewart, applying for writs of certiorari, prohibition and mandamus. Parish of Caddo. Nos. 116772 and 117077.

Granted. The trial court is ordered to grant an out of time appeal.


text:
    STATE of Louisiana v. Alcide J. WEYSHAM.
    No. 81-K-2134.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Alcide J. Weysham, applying for writs of certiorari, and or review, prohibition and mandamus. Parish of Orleans. No. 255-896.

Granted. •


text:
    STATE of Louisiana v. Valvis V. KIMBLE.
    No. 81-K(A)-2179.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Valvis V. Kimble, applying for remedial writs. Parish of East Baton Rouge. No. 1-81-110.

Writ granted.


text:
    STATE of Louisiana ex rel. Jerome JOHNSON v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, et al.
    No. 81-KH-0115.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Jerome Johnson, applying for writ of mandamus. Parish of Orleans. No. 254— 602.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Billy Jack JAMESON v. Warden Frank C. BLACKBURN, Louisiana State Penitentiary, and 20th Judicial District Court, Parish of West Feliciana.
    No. 81-KH-0224.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Billy Jack Jameson, applying for writ of mandamus. Parish of West Felicia-na. No. W-75-9-513.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Reginald YOUNGBLOOD v. CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, SECTION G.
    No. 81-KH-0604.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Reginald Youngblood, applying for writ of mandamus. Parish of Orleans. No. 268-042.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Herman MATTHEWS v. STATE of Louisiana.
    No. 81-KH-0740.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Herman Matthews, applying for remedial writs. Parish of Orleans. No. 272-321.

Denied.


text:
    STATE of Louisiana ex rel. Joseph WOODS v. Judge Matthew BRANIFF, Section B, Criminal District Court, Parish of Orleans.
    No. 81-KH-1602.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Joseph Woods, applying for writ of mandamus. Parish of Orleans. Nos. 269-488 and 269-497.

Denied. District Court denied motion in arrest of judgment on May 26, 1981.


text:
    STATE of Louisiana ex rel. Edward WILLIAMS v. STATE of Louisiana.
    No. 81-KH-1623.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Edward Williams, applying for remedial writs. Parish of Orleans. No. 278-273.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. LeRoy J. KENNEY v. STATE of Louisiana.
    No. 81-KH-1673.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re LeRoy J. Kenney, applying for writs of habeas corpus. Parish of Caddo. No. 111265.

Denied.


text:
    STATE of Louisiana ex rel. Devaughn JAMES v. COURT REPORTER, 36TH JUDICIAL DISTRICT COURT, PARISH OF BEAUREGARD.
    No. 81-KH-1675.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Devaughn James, applying for writ of mandamus. Parish of Beauregard.

Writ denied.


text:
    STATE of Louisiana v. Rufus WARD.
    No. 81-K-1694.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Rufus Ward, applying for writs of certiorari, prohibition and mandamus. Parish of Ouachita. No. 37190.

Denied.


text:
    STATE of Louisiana, ex rel. Roger C. GORDY v. COURT REPORTER, 30TH JUDICIAL DISTRICT COURT, PARISH OF VERNON.
    No. 81-KH-1728.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Roger C. Gordy, applying for writ of mandamus.. Parish of Vernon. No. 31335.

Denied.


text:
    STATE of Louisiana, ex rel. Frank MURPHY v. Frank BLACKBURN, Warden, and the Third Judicial District.
    No. 81-KH-1781.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Frank Murphy, applying for writ of mandamus. Union Parish. No. 35481.

Denied.


text:
    STATE of Louisiana ex rel. William CONEY v. STATE of Louisiana.
    No. 81-KH-1783.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re William Coney, applying for remedial writs. Parish of St. Landry. No. 34193.

Writ denied.


text:
    STATE of Louisiana, ex rel. Robert Earl YATES v. STATE of Louisiana.
    No. 81-KH-1784.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Robert Earl Yates, applying for writ of mandamus. Parish of Caddo. No. 59350.

Writ denied.


text:
    STATE of Louisiana ex rel. Manuel DRAYDEN v. STATE of Louisiana.
    No. 81-KH-1808.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Manuel Drayden, applying for remedial writs. Parish of Orleans. No. 108057.

Denied.


text:
    STATE of Louisiana ex rel. Billy Wayne SINCLAIR v. STATE of Louisiana.
    No. 81-KH-1816.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Billy Wayne Sinclair, applying for writs of certiorari or review. Parish of East Baton Rouge. No. 54969.

Denied.

BLANCHE, J., recused.


text:
    STATE of Louisiana ex rel. Bob A. BAILEY v. CLERK OF COURT CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.
    No. 81-KH-1819.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Bob A. Bailey, applying for writ of mandamus. Parish of Orleans. No. 261-112.

Writ denied on relator’s motion.


text:
    STATE of Louisiana ex rel. Larry Dale STEGALL v. STATE of Louisiana.
    No. 81-KH-1830.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Larry Dale Stegall, applying for remedial writs. Parish of East Baton Rouge. No. 9-78-383.

Denied. The District Attorney states that his letters are incorrect. Court records show that relator, accompanied by his counsel, was regularly sentenced as a multiple offender.

BLANCHE, J., recused.


text:
    STATE of Louisiana ex rel. Eric JONES a/k/a Earl Coleman v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-1869.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Eric Jones, applying for remedial writs. Parish of Orleans. No. 250-337.

Writ denied.


text:
    STATE of Louisiana ex rel. Frank WILLIAMS & Jerry Carter v. STATE of Louisiana.
    No. 81-KH-1894.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Frank Williams & Jerry Carter, applying for remedial writs. Parish of Orleans. No. 275-308.

Writ denied.


text:
    STATE of Louisiana, ex rel. Preston DAIGRE v. CLERK OF COURT, CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.
    No. 81-KH-1912.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Preston Daigre, applying for writ of mandamus. Parish of Orleans. No. 254— 187.

Denied.


text:
    STATE of Louisiana ex rel. Albert BREELAND v. Honorable Bernard J. BAGERT, Criminal District Court, Parish of Orleans.
    No. 81-KH-1936.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Albert Breeland, applying for writ of mandamus. Parish of Orleans. No. 271— 500.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Willie B. GATES v. CLERK OF COURT, 1ST JUDICIAL DISTRICT, PARISH OF CADDO, STATE OF LOUISIANA.
    No. 81-KH-1965.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Willie B. Gates, applying for writ of mandamus. Parish of Caddo. No. 108015.

Denied. Moot.


text:
    STATE of Louisiana ex rel. David STAFFORD v. Frank BLACKBURN.
    No. 81-KH-2022.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re David Stafford, applying for writ of habeas corpus. Parish of Rapides. No. 162360.

Writ denied.


text:
    STATE of Louisiana ex rel. Floyd JEFFERSON v. STATE of Louisiana.
    No. 81-KH-2059.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Floyd Jefferson, applying for remedial and supervisory writs. Parish of Orleans. No. 213-480.

Writ denied.


text:
    STATE of Louisiana v. Gerald NUCCIO.
    No. 81-K-2061.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Gerald Nuccio, applying for writ of certiorari, prohibition, and mandamus. Parish of St. Bernard. Nos. 53-994 and 53-996.

Denied. Adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana ex rel. Michael Wayne DAVIS v. Warden DONNELLY.
    No. 81-KH-2069.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Michael Wayne Davis, applying for writ of mandamus. Parish of East Baton Rouge. Nos. 1-79-241 and 8-77-1039.

Denied. Relator must first comply with Commissioner’s instructions.


text:
    STATE of Louisiana ex rel. David MURPHY v. STATE of Louisiana.
    No. 81-KH-2073.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re David Murphy, applying for remedial writ. Parish of Terrebonne. No. 101938.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Donald Ray BUFFETT v. James M. DOZIER, Jr., District Judge, Third Judicial District Court, Division A.
    No. 81-KH-2075.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Donald Ray Buffett, applying for writ of mandamus. Parish of West Felicia-na. Nos. 13109 and 13110.

Writ denied.


text:
    STATE of Louisiana ex rel. Charles Ray SMITH v. W. Orie HUNTER, Jr.
    No. 81-KH-2084.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Charles Ray Smith, applying for remedial writs. Parish of Caddo. No. 109454.

Writ denied. Moot.


text:
    HARVARD UNIVERSITY v. Leonard J. CHARRIER, et al.
    No. 81-C-2108.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Leonard J. Charrier, et al., applying for remedial writs. Parish of East Baton Rouge. No. 224965.

Denied.


text:
    STATE of Louisiana ex rel. Cleveland HILL v. W. Orie HUNTER, Jr.
    No. 81-KH-2086.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Cleveland Hill, applying for remedial writs, supervisory and mandamus. Parish of Caddo. No. 114463.

Denied. Moot.


text:
    STATE of Louisiana v. Curtis MATTHEW, Willie Franklin, Joseph Bolds and Henderson Kelly.
    No. 81-K-2111.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, applying for writ of certiorari. Parish of Orleans. No. 230-484.

Denied. Rulings on the admissibility of evidence must normally be made at trial at the time the evidence is offered.

WATSON, J., concurs, but is of the opinion that the ruling of the trial court is clearly incorrect.


text:
    Mr. and Mrs. Richard BULOT, Jr. v. SCHWEGMANN BROTHERS GIANT SUPERMARKETS.
    No. 81-C-2126.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Schwegmann Brothers Giant Supermarkets, Inc., applying for writ of certiorari and review, to the Fourth Circuit, Court of Appeal. St. Bernard Parish. No. 11849.

Denied.


text:
    Ronald A. HALL v. The CITY OF NEW ORLEANS and New Orleans Sewerage and Water Board.
    No. 81-C-2130.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Sewerage and Water Board of New Orleans, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. No. 115983.

Writ denied.

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


text:
    STATE of Louisiana v. Doyle Max QUIMBY.
    No. 81-K-2149.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Doyle Max Quimby, applying for writs of certiorari, prohibition, mandamus and review. Parish of Caldwell. No. 19182.

Denied.


text:
    STATE of Louisiana v. Larry J. HEBERT.
    No. 81-K-2169.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Larry J. Hebert, applying for writs of certiorari, prohibition, mandamus and a stay order. Parish of Jefferson Davis. Nos. CR-1698-81 and CR-1699-81.

Denied.

BLANCHE, J., would grant the writ.


text:
    CITY OF BATON ROUGE v. COTTON BELT INSURANCE COMPANY (Faramarc Teazof, et al).
    No. 81-K-2177.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Cotton Belt Insurance Company, applying for writs of certiorari or review. Parish of East Baton Rouge. Nos. 4-81— 1043 and 1044.

Denied.


text:
    TOLAR MECHANICAL CONTRACTORS, INC. v. BAL CONSTRUCTION, INC.
    No. 81-C-2178.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Bal Construction, Inc., applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. No. 11958.

Denied.


text:
    STATE of Louisiana v. William A. TIPTON, Jr.
    No. 81-K-2180.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson Davis. No. CR-830-81.

Writ denied.

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


text:
    STATE of Louisiana v. John G. WEST, Jr.
    No. 81-K-2182.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for writs of certiorari and mandamus. Parish of Orleans. No. 277-451, Section B.

Denied.


text:
    STATE of Louisiana v. Ronnie BESSIE.
    No. 81-K(A)-2186.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Ronnie Bessie, applying for supervisory writs. Parish of East Baton Rouge. No. 6-77-905.

Denied.


text:
    STATE of Louisiana v. Charles F. LAW and Robert L. Lamendola.
    No. 81-K-2187.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Charles F. Law and Robert L. Lam-endola, applying for remedial writs. Parish of East Baton Rouge. No. 3-81-750.

Denied.


text:
    STATE of Louisiana v. Honorable Salvadore T. MULÉ.
    No. 81-K-2198.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for writ of mandamus and prohibition. Parish of Orleans. No. 182-481.

Writ denied.

MARCUS and LEMMON, JJ., concur. The present procedure is inappropriate to raise the issue. Complaints should be based on specific rulings.


text:
    STATE of Louisiana ex rel. R. Richard SLACK v. L. H. COLTHARP, Jr., Judge, 36th Judicial District, State of Louisiana.
    No. 81-KH-2236.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re R. Richard Slack, applying for writ of mandamus. Parish of Beauregard. No. C-331-81.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Michael J. WALKER v. STATE of Louisiana.
    No. 81-KH-2238.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Michael J. Walker, applying for remedial writ. Parish of Orleans. No. 279-037.

Denied. Advice indicates that trial court has sufficiently complied with relator’s request for documents.


text:
    STATE of Louisiana ex rel. Alfred DIXON v. COURT REPORTER, CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.
    No. 81-KH-2306.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Alfred Dixon, applying for writ of mandamus. Parish of Orleans. No. 257— 396 H.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. Cornell Walker BRANCH v. Andrew C. BUCCARO, In his Official Capacity as Judge, Section “H”, Orleans Criminal District Court.
    No. 81-KH-2410.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Cornell Walker Branch, applying for writ of mandamus. Parish of Orleans. No. 278-290.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Clinton C. HOWARD, Jr. v. Charles C. FOTI, Jr.
    No. 81-KH-2431.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Clinton C. Howard, Jr., applying for writ of habeas corpus. Parish of Orleans. Number Unknown.

Writ denied. Relator must first present his request to obtain legal materials to prison authorities.


text:
    STATE of Louisiana ex rel. Clyde BURNS v. Honorable Ted R. BROYLES, Judge, 13th Judicial District Court, Parish of Vernon, State of Louisiana.
    No. 81-KH-2458.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Clyde Burns, applying for writ of mandamus. Parish of Vernon. No. 29500.

Denied. Moot.


text:
    AMERICAN FOOD MANAGEMENT, INC. v. The UNIVERSITY OF SOUTHWESTERN LOUISIANA, et al.
    No. 81-C-2513.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re American Food Management, Inc., applying for stay order and supervisory writs. Parish of Lafayette. • No. 813667.

Writ denied.

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


text:
    STATE of Louisiana in the Interest of Troy WRIGHT.
    No. 81-CK-2530.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Troy Wright applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of Orleans. Nos. 190-983 and 191-180.

Denied.


text:
    FREEMAN RENOVATIONS, INC. v. Dr. and Mrs. James A. OLIVE.
    No. 81-C-2634.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Dr. and Mrs. James A. Olive, applying for writs of certiorari, prohibition and mandamus. Orleans Parish. No. 79-13121.

Denied.


text:
    STATE of Louisiana v. Michael Lee POLING, also Known as Ralph G. Davis.
    No. 81-K-2638.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Michael Lee Poling a/k/a Ralph G. Davis, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of DeSoto. No. 45393.

Writ denied on showing made.


text:
    STATE of Louisiana ex rel. Andrew J. FRANK v. STATE of Louisiana.
    No. 81-KH-2658.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Andrew J. Frank applying for remedial writs. Parish of Terrebonne. No. 103108.

Denied.


text:
    TAURUS LEASING CORPORATION v. Bianca I. Nelke, Wife of and Frank M. CHALAIRE, M.D.
    No. 81-C-2120.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Bianca I. Nelke, applying for writ of certiorari, to the Fourth Circuit, Court of Appeal. Orleans Parish. 400 So.2d 303.

Denied.


text:
    Jeanette SMITH v. HARTFORD ACCIDENT & INDEMNITY CO., et al.
    No. 81-C-2118.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Hartford Accident & Indemnity Co., et al. applying for writ of certiorari and review, to the Third Circuit, Court of Appeal. St. Landry Parish. 399 So.2d 1193.

Writ denied.

CALOGERO and LEMMON, JJ. would grant the writ.


text:
    CITY OF BATON ROUGE and Parish of East Baton Rouge v. Pearl Price TULLIER, et al.
    No. 81-C-2116.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Pearl Price Tullier, et al., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 401 So.2d 422.

Denied.


text:
    Doyle Wayne CRAIG v. SOUTHEASTERN FIDELITY INSURANCE COMPANY, et al.
    No. 81-C-2113.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Travelers Indemnity Company, applying for writ of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of Sabine. 400 So.2d 289.

Writ denied.


author: DENNIS, J.,

text:
    Janet AUSTIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al.
    No. 81-C-2110.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Janet Austin, applying for writ of certiorari or review, to the Court of Appeal, Third Circuit. Caldwell Parish. 400 So.2d 709.

Denied.

DENNIS, J.,

would grant. The Court of Appeal’s reliance upon the jury’s verdict as reason to deny the plaintiff damages for aggravation of pre-existing injury is erroneous. The jury found generally that the defendant’s negligence was not the cause in fact of any of plaintiff’s injuries. This did not represent a finding upon the specific issue of whether the aggravation was caused by the accident.

CALOGERO and LEMMON, JJ., would grant.


text:
    Milledge Audley REECE v. SHELL OIL COMPANY.
    No. 81-C-2170.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Milledge Audley Reece, applying for writs of certiorari or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 400 So.2d 692.

Writ not considered. Not timely filed.


text:
    Mickey JOHNSTON v. Sandra McCULLOUGH.
    No. 81-C-2172.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Sandra McCullough, applying for writs of certiorari or review, to the Second Circuit, Court of Appeal. Claiborne Parish. 401 So.2d 509.

Writ granted.


text:
    William C. MOCK v. Lashawnda Marie MOCK, Minor Child of Anna Washington Mock.
    No. 81-C-2146.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Lashawnda Marie Mock, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 400 So.2d 248.

Granted.


text:
    Kathleen Ann THAMES v. Clebert ZERANGUE Jr. and Safeco Insurance Company.
    No. 81-C-1978.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Kathleen Ann Thames, applying for writs of certiorari and or review, to the Third Circuit, Court of Appeal. Parish of Lafayette. 401 So.2d 648.

Granted.


text:
    Joseph LYTELL v. Donald HUSHFIELD, Ted Gauchen, Donald Larouse, A.C. Wilson, Kenneth Cole, and Allis-Chalmers Manufacturing Company.
    No. 81-C-2117.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Joseph Lytell, applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 400 So.2d 231.

Granted.


text:
    Johonnas Justus EICKE v. Elizabeth Larue EICKE.
    No. 81-C-2109.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Johonnas Justus Eicke, applying for certiorari, or writ of review to the Court of Appeal, Third Circuit. Parish of LaSalle. 399 So.2d 1231.

Denied. The result is correct.


text:
    Mrs. Jerry SMITH, Born Cheryl Edlyn Stephens v. Roy B. STEPHENS, Dow L. Stephens and Jeanette Stephens Proctor.
    No. 81-C-2008.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Mrs. Jerry Smith, Born Cheryl Ed-lyn Stephens, applying for writ of certiora-ri, or writ of review, to the Court of Appeal, Third Circuit. Parish of Vernon. 401 So.2d 674.

Writ granted.


text:
    Joseph Clifford FAULK, Sr. v. CAGLE SUPPLY, INC., Roland A. Authement, Jr., and State Farm Mutual Automobile Insurance Company.
    No. 81-C-2030.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Joseph Clifford Faulk, Sr., applying for certiorari or writ of review, to the Court of Appeal, First Circuit. Parish of St. Mary. 399 So.2d 1186.

Granted.


text:
    Irving G. KENNEDY, Jr., M.D., et al. v. Robert E. POWELL, et al.
    No. 81-C-2203.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Irving G. Kennedy, Jr., M.D., et al., applying for writ of certiorari, or review, to the Court of Appeal, Second Circuit. Parish of Ouachita. 401 So.2d 453.

Denied.


text:
    Phillip THOMAS, Jr. v. McINNIS BROS. CONSTRUCTION, INC., et al.
    No. 81-C-2196.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Phillip Thomas, Jr., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Caddo. 401 So.2d 522.

Writ denied.


text:
    Robert F. WILSON Curator of William A. Smith v. STATE of Louisiana Through the LOUISIANA DEPARTMENT & DEVELOPMENT OFFICE OF HIGHWAYS.
    No. 81-C-2163.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, through the Louisiana Department & Development Office of Highways, applying for writ of cer-tiorari and review, to the Fourth Circuit, Court of Appeal. Jefferson Parish. 400 So.2d 740.

Denied. The result is correct.

MARCUS, J., would grant the writ.


text:
    Arne LEHN, Jr. v. CLEARVIEW DODGE SALES, INC., Chrysler Corporation and Chrysler Motors Corporation.
    No. 81-C-2165.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Clearview Dodge Sales, Inc., applying for writ of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 400 So.2d 317.

Denied.

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


text:
    ROBCO, INC. v. The CONSOLIDATED SEWERAGE DISTRICT OF the CITY OF KENNER.
    No. 81-C-2166.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re The Consolidated Sewerage District of the City of Kenner, applying for writ of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 400 So.2d 313.

Denied.

BLANCHE, J., would grant the writ.


text:
    Dorothy Faye MATHEWS v. ELDER INTERNATIONAL, et al.
    No. 81-C-2167.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Dorothy Fay Mathews, applying for writs of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 400 So.2d 251.

Denied.


text:
    Grady KENT v. William E. DE LA CRUZ and Huey Mayronne.
    No. 81-C-2150.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Grady Kent, applying for writ of certiorari and or review, to the Fourth Circuit, Court of Appeal. Jefferson Parish. 400 So.2d 689.

Writ denied.


text:
    John R. HUGHES v. Dennis J. TALLEY.
    No. 81-C-2133.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Dennis J. Talley, applying for writs of certiorari and review, to the Fourth Circuit, Court of Appeal. Orleans Parish. 400 So.2d 253.

Denied.


text:
    Louis PRINCE v. Dianne JACOBS, et al.
    No. 81-C-2141.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Louis Prince, applying for writ of certiorari or review, to the Third Circuit, Court of Appeal. Lafayette Parish. 400 So.2d 297.

Denied.


text:
    STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Henry L. LANDECHE, Jr., et al.
    No. 81-C-2143.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Henry L. Landeche, Jr., et al., applying for writ of certiorari and review, to the Fourth Circuit, Court of Appeal. St. Charles Parish. 400 So.2d 241.

Denied.


text:
    Mack Cook McCULLIN, et al. v. J. Elton SUMNERS, et al.
    No. 81-C-2147.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re J. Elton Sumners, et al., applying for writ of review, to the Second Circuit, Court of Appeal. Union Parish. 401 So.2d 458.

Denied.


text:
    Jana P. Usry, Widow of David P. USRY v. LOUISIANA DEPARTMENT OF HIGHWAYS. RELIANCE INSURANCE COMPANY v. LOUISIANA DEPARTMENT OF HIGHWAYS.
    No. 81-C-2055.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Jana P. Usry, applying for reconsideration of application for writ of certiorari. Jefferson Parish. 404 So.2d 1259.

Denied. The judgment is final and definitive.


text:
    Ralph BIZE, et al. v. Syble BOYER, et al.
    No. 81-C-1746.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Syble Boyer, et al., applying for writs of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of Avo-yelles. 402 So.2d 110.

Granted.


text:
    Michael LINTON v. BOSSIER CITY MUNICIPAL FIRE & POLICE CIVIL SERVICE BOARD.
    No. 81-C-2201.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Michael Linton, applying for certio-rari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Bossier. 402 So.2d 716.

Denied.


text:
    Carl HALL v. H. B. ZACHARY COMPANY and Employers National Insurance Co.
    No. 81-C-2162.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re H. B. Zachary Company and Employers National Insurance Co., applying for writs of certiorari or review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 402 So.2d 761.

Writ denied.

BLANCHE, J., would grant the writ.


text:
    STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. Charles DAVIS, et al.
    No. 81-C-2184.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re State of Louisiana, applying for writ of certiorari to review, to the Third Circuit, Court of Appeal. Lafayette Parish. 400 So.2d 926.

Denied.

BLANCHE, J., would grant the writ.


text:
    Jerald C. FLANNIGAN, Individually and as the Administrator of the Estate of his Minor Son, Terry J. Flannigan, and Terry J. Flannigan v. Wayne VALLIANT, Ray Valliant, and State Farm Mutual Insurance Companies.
    No. 81-C-2148.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Jerald C. Flannigan, individually and as the administrator of the estate of his minor son, Terry J. Flannigan and Terry J. Flannigan, applying for writs of certiorari or review, to the Court of Appeal, Fourth Circuit. Parish of Plaquemines. 400 So.2d 225.

Denied.

LEMMON, J., recused.


text:
    Joyce Hall DUPOR v. SCHWEGMANN BROTHERS GIANT SUPER MARKETS, INC.
    No. 81-C-2127.
    Supreme Court of Louisiana.
    Oct. 9, 1981.
   In re Schwegmann Brothers Giant Super Markets, Inc., applying for writs of certio-rari or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 400 So.2d 239.

Denied.


text:
    STATE of Louisiana v. Joe C. RIVERS.
    No. 81-K-2696.
    Supreme Court of Louisiana.
    Oct. 12, 1981.
   In re Joe C. Rivers, applying for writs of certiorari, review and stay order. Parish of St. Tammany. No. 85-752.

Denied. Adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana v. Clara F. SERRANO.
    No. 81-K-2678.
    Supreme Court of Louisiana.
    Oct. 12, 1981.
   In re Clara F. Serrano, applying for writ of certiorari. Parish of Terrebonne. No. 107533.

Denied.


text:
    STATE of Louisiana v. Steven Glenn HOLLIE.
    No. 81-K-2703.
    Supreme Court of Louisiana.
    Oct. 13, 1981.
   In re Steven Glenn Hollie, applying for supervisory writs of certiorari, prohibition, mandamus and for a stay order. Parish of Calcasieu. No. 2310-81.

All Proceedings stayed pending further orders of this Court.


text:
    STATE of Louisiana ex rel. Alvin FITCH, Jr. v. STATE of Louisiana.
    No. 81-KH-2725.
    Supreme Court of Louisiana.
    Oct. 15, 1981.
   In re Alvin Fitch, Jr., applying for remedial writs. Parish of Terrebonne. Nos. 103, 159-105 and 160.

Granted. The trial court is ordered to decide the motion for bond reduction forthwith.


text:
    Jana P. Usry, Widow of David P. USRY v. LOUISIANA DEPARTMENT OF HIGHWAYS. RELIANCE INSURANCE COMPANY v. LOUISIANA DEPARTMENT OF HIGHWAYS.
    No. 81-C-2092.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Reliance Insurance Company, applying for motion to reconsider application for writ of certiorari. Jefferson Parish. 404 So.2d 1259.

Denied. The judgment is final and definitive. C.C.P. Art. 2167.


text:
    STATE of Louisiana v. Michael RIGGINS.
    No. 81-K-2232.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for writs of certiorari, prohibition and mandamus. Juvenile Court. Parish of Orleans. No. 184-158 B.

Granted and remanded to Juvenile Court with instructions to trial judge to enter judgment in favor of the state and against the defendant. La. R.S. 14:75, State v. Spotville, 350 So.2d 1194, 1196 (La.1977).

LEMMON, J., would deny the writ.

406 So.2d — 15


text:
    STATE of Louisiana ex rel. Tyrone RAVY v. CLERK OF COURT—SECTION G, ORLEANS CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, State of Louisiana.
    No. 81-KH-1779.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Tyrone Ravy, applying for writs of mandamus. Parish of Orleans. No. 234-392.

Granted. Trial court is ordered to furnish a Boykin transcript to relator.


text:
    STATE of Louisiana ex rel. Robert Charles SHEPPARD v. W. Orie HUNTER.
    No. 81-KH-2085.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Robert Charles Sheppard, applying for remedial writs, supervisory and mandamus. Parish of Caddo. No. 100422.

Granted. Relator is to be furnished a copy of his Boykin transcript.


text:
    STATE of Louisiana ex rel. Freddie L. FONTENBERRY v. William M. JUSTICE and Henrietta Mike.
    No. 81-KH-2154.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Freddie L. Fontenberry, applying for writ of mandamus. Parish of Jefferson. No. 80-1489.

Granted. Trial court is ordered to furnish another copy of Boykin transcript to relator.


text:
    STATE of Louisiana ex rel. Joseph N. MARCAL, III v. C. Paul PHELPS, Charles Foti, Frank C. Blackburn, Harry Connick and Ross Maggio.
    No. 81-K-2248.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Joseph N. Marcal, III, applying for writ of habeas corpus. Parish of Orleans. No. 260-889.

Writ granted. It is hereby ordered that Judge Baron Bourg conduct an evidentiary hearing on relator’s application for habeas relief.


text:
    STATE of Louisiana v. Thomas J. FARRIS.
    No. 81-K[A]-2264.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Thomas J. Farris, applying for remedial writs. Parish of Cameron. No. 26894.

Granted.


text:
    Louis DESSELLE v. PULLMAN, INC., D/B/A Pullman-Kellogg Company and Travelers Indemnity Company.
    No. 81-C-2267.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Patrick W. Pendley, applying for writ of certiorari. Parish of Iberville. No. 23251.

Granted. The case is remanded to the trial court to determine whether the lawyer is entitled to a fee, and if so, to fix the fee.

MARCUS, J. dissents from the grant, being of the opinion that the judgments of the courts below are correct.


text:
    Lucius DOUCET, D.D.S. v. DENTAL HEALTH PLANS MANAGEMENT CORP. and Guaranty Income Life Insurance.
    No. 81-C-2268.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Dental Health Plans Management Corp. and Guaranty Income Life, applying for remedial writs. Parish of St. Landry. No. 81591-2.

Granted.


text:
    STATE of Louisiana v. Cella Ann BERNARD.
    No. 81-K(A)-2317.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Celia Ann Bernard, applying for remedial writs. City Court of Crowley. Parish of Acadia. No. 32413.

Writ granted. Conviction and sentence reversed, case remanded for a new trial. The trial court erroneously sustained objections to defendant’s attempted introduction

of evidence and her right to call witnesses to present a defense.


text:
    STATE of Louisiana ex rel. John E. HARRELL v. 32ND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE.
    No. 81-KH-2319.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re John E. Harrell, applying for writ of mandamus. Parish of Terrebonne.

Granted. Relator’s application for habe-as relief transferred to district court for action.


text:
    Don THOMPSON v. SOUTH CENTRAL BELL TELEPHONE COMPANY, and New Orleans Public Service, Inc.
    No. 81-C-2305.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Don Thompson, applying for writ of certiorari and review, to the Fourth Circuit, Court of Appeal. Orleans Parish. No. 12286.

Granted.


text:
    STATE of Louisiana ex rel. George Edward TAYLOR, Jr. v. HONORABLE PRESIDING JUDGE, 12TH JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES, State of Louisiana.
    No. 81-KH-2322.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re George Edward Taylor, Jr., applying for writ of mandamus. Parish of Avo-yelles. Nos. 45414 and 45415, 45416.

Writ granted. Relator is to be furnished a copy of his Boykin transcript.


text:
    James RALEY v. James CARTER, et al.
    No. 81-C-2340.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re James Raley, applying for writs of certiorari or review, to the Court of Appeal, First Circuit. Parish of Ascension. 401 So.2d 1006.

Writ granted.


text:
    STATE of Louisiana v. Joseph MANGERCHINE.
    No. 81-K-2341.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Joseph Mangerchine, applying for writs of certiorari to review. Parish of Jefferson. No. 81-573.

Writ granted.


text:
    STATE of Louisiana v. Kent MANCUSO.
    No. 81-K-2349.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Kent Mancuso, applying for writs of certiorari, prohibition and mandamus. Parish of Calcasieu. No. 7937-81.

Granted. The trial court is ordered to conduct a hearing to determine whether defendant waived his right to counsel.


text:
    STATE of Louisiana v. Holden M. BAKER.
    No. 81-K-2351.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re State of Louisiana, through the District Attorney, Ossie Brown, applying for supervisory writs of certiorari and mandamus. Parish of East Baton Rouge. No. 6-81-1075.

Granted. It is ordered that the bill of information be reinstated.


text:
    STATE of Louisiana v. James K. VARNELL.
    No. 81-K-2382.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re James K. Varnell, applying for supervisory and remedial writs. Parish of Caddo. No. 118271.

Granted.


text:
    STATE of Louisiana v. Deborah BLANKENSHIP.
    No. 81-K-2520.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re State of Louisiana, applying for supervisory writs of certiorari and mandamus. Parish of East Baton Rouge. No. 1-80-520.

Granted. The ruling of the trial judge is reversed. It is ordered that the bill of information be reinstated.


text:
    STATE of Louisiana v. Terrell SHOWERS.
    No. 81-K-2716.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re State of Louisiana through the District Attorney, Harry F. Connick, applying for writ of certiorari. Parish of Orleans. No. 283-626, Section G.

Writ granted. Trial court’s ruling is set aside. Trial court is ordered to hold the hearing on the motion to suppress the identification in advance of trial on the date upon which trial is fixed.


author: DIXON, C.J.,

text:
    STATE of Louisiana v. Ricky JONES.
    No. 81-K-2671.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Ricky Jones, applying for supervisory writs. Parish of Orleans. No. 268-617.

The ruling on the motion to recuse is reversed, and the trial judge is ordered re-cused. Otherwise, denied.

DIXON, C.J.,

concurs; the defendant has an adequate remedy in the event of an attempt to prosecute him under the resisting arrest charge.


text:
    STATE of Louisiana, ex rel. David BURCH v. CRIMINAL DISTRICT COURT, SECTION F, DISTRICT ATTORNEY’S OFFICE, ORLEANS PARISH, NEW ORLEANS.
    No. 81-KH-0206.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re David Burch, applying for writ of mandamus. Orleans Parish. No. 259320.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Charles JACKSON, A/K/A Troy Jackson v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-0280.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Charles Jackson, applying for remedial writs. Orleans Parish. No. 273-097.

Writ denied.


text:
    STATE of Louisiana ex rel. Sergio SANTOS v. The COURT REPORTER, SECTION G, ORLEANS CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.
    No. 81-KH-1655.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Sergio Santos, applying for writ of mandamus. Parish of Orleans. No. 268— 423.

Writ denied. Moot.


text:
    STATE of Louisiana, ex rel. Charles RAMEE v. Judge Israel AUGUSTINE, Section I, Criminal District Court, Parish of Orleans.
    No. 81-KH-1659.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Charles Ramee, applying for writ of mandamus. Parish of Orleans. No. 279-359.

Denied. Moot.


text:
    STATE of Louisiana, ex rel. Charles PERRY v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-1723.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Charles Perry, applying for remedial writs. Parish of West Feliciana.

Denied.


text:
    STATE of Louisiana, ex rel. Billy D. McLEOD v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-1724.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Billy D. McLeod, applying for remedial writs. Parish of West Feliciana.

Denied.


text:
    STATE of Louisiana v. Adren A. BAILEY, Kenneth A. Creppel, Charles J. House, Daniel J. Ronquille, Paul J. Robeaux, Ronald J. Thomassie, et al.
    No. 81-K-2278.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Adren A. Bailey, Kenneth A. Crep-pel, Charles J. House, Daniel J. Ronquille, Paul J. Robeaux and Ronald J. Thomassie, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 81-1523.

Writ denied. Relator has an adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana v. Clyde THOMPSON, Charles Hubbs and Colvin Wines.
    No. 81-K-2290.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Clyde Thompson, Charles Hubbs and Colvin Wines, applying for supervisory writs. Parish of Orleans. No. 277-981.

Writ Denied.


text:
    STATE of Louisiana v. Anthony BAGLEY.
    No. 81-K-2310.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Anthony Bagley, applying for writs of certiorari, review, prohibition, mandamus and stay order. Tangipahoa Parish.

Writ denied.


text:
    STATE of Louisiana v. Hasden THOMASSIE, et al.
    No. 81-K-2297.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Hasden Thomassie and Joseph Riv-ere, applying for writs of certiorari, prohibition and mandamus, to the Parish of Jefferson. Nos. 80-3254 and 81-1523.

Writ denied. Relator has an adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana v. Richard N. GLOVER.
    No. 81-K-2316.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Richard N. Glover, applying for writs of certiorari, prohibition and mandamus. Parish of Orleans. No. 279-883.

Denied.


text:
    EXECUTIVE OFFICE CENTERS, INC. v. FIRST OF GEORGIA UNDERWRITERS COMPANY.
    No. 81-C-2352.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Executive Office Centers, Inc., applying for writs of certiorari, review, mandamus and prohibition. Parish of Orleans. No. 81-6287.

Denied.


text:
    STATE of Louisiana v. Freddie CLEMENTS, Jr.
    No. 81-K-2372.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Freddie Clements, Jr., applying for writs of mandamus. Orleans Parish. No. 272-959.

Writ denied.


text:
    STATE of Louisiana v. James T. LEAMER and William D. Leamer.
    No. 81-K-2383.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re James and William Learner, applying for writs of certiorari, prohibition and mandamus. Parish of East Feliciana. Nos. 1-81-6, 1-81-7, 1-81-8 and 1-81-9.

Denied.


text:
    STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS v. Sterling BOUDREAUX, Jr.
    No. 81-C-2386.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re State of Louisiana through the Department of Highways, applying for writ of certiorari, or review, to the Court of Appeal, First Circuit. Parish of Lafourche. No. 14138.

Denied.

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


text:
    STATE of Louisiana v. Theresa SEIDULE.
    No. 81-K-2405.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Theresa Seidule, applying for writ of certiorari. Parish of East Baton Rouge. No. 5-81-595.

Denied.

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


text:
    STATE of Louisiana, ex rel. Albert DAWSON v. STATE of Louisiana, et al., Frank C. Blackburn, Warden, Louisiana State Penitentiary.
    No. 81-KH-2456.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Albert Dawson, applying for writ of habeas corpus. Parish of Evangeline. No. 14106.

Writ denied. Relator may purchase a copy of his transcript from the clerk of this Court.


text:
    STATE of Louisiana ex rel. John A. LAZARE v. STATE of Louisiana.
    No. 81-KH-2502.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re John A. Lazare, applying for remedial writ. Parish of St. Landry. No. 35624.

Writ denied. Moot.


text:
    STATE of Louisiana ex rel. John Everette HARRELL v. Frank C. BLACKBURN, Warden.
    No. 81-KH-2531.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re John Everette Harrell, applying for remedial writ. Parish of Terrebonne.

Denied. Relator must first file in trial court.


text:
    STATE of Louisiana ex rel. Ernest Lee STOKES v. STATE of Louisiana.
    No. 81-KH-2642.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Ernest Lee Stokes, applying for writs of review. Parish of St. Tammany. No. 83459.

Writ denied.


text:
    STATE of Louisiana ex rel. Edward HALL, Jr. v. STATE of Louisiana.
    No. 81-KH-2699.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Edward Hall, Jr., applying for remedial writs. Parish of Orleans. No. 282-449.

Denied.


text:
    STATE of Louisiana v. Lynn FRANKLIN.
    No. 81-K-2723.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Lynn Franklin, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Orleans. No. 282-960.

Denied.


text:
    STATE of Louisiana v. Eugene LILLER.
    No. 81-K-2742.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Eugene Liller, applying for remedial writs, and a stay order. Parish of Orleans. No. 284-390.

Writ denied.


text:
    STATE of Louisiana ex rel. Norton HAMILTON v. STATE of Louisiana.
    No. 81-KH-2503.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Norton Hamilton, applying for remedial writs. Parish of Orleans. No. 273-594.

Granted. This matter is remanded to Section H, Criminal District Court for Parish of Orleans. Case is to be tried forthwith or relator released.


text:
    Ellis T. LABORDE v. EMPLOYERS LIFE INSURANCE COMPANY.
    No. 81-C-2183.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Ellis T. Laborde, applying for writ of certiorari and review, to the Fourth Circuit, Court of Appeal. Orleans Parish. 400 So.2d 308.

Writ granted.


text:
    David L. WILKINSON, etc. v. HARTFORD ACCIDENT & INDEMNITY CO., et al.
    No. 81-C-2228.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re David L. Wilkinson, Individually and as Administrator of the Estate of the Minor, David Len Wilkinson, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 400 So.2d 705.

Granted.


text:
    Juanita McDonnieal ADAMS v. Henry Earl ADAMS, Sr.
    No. 81-C-2266.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Juanita McDonnieal Adams, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 402 So.2d 300.

Granted.


text:
    Sara Renee Crifasi LOSAVIO v. Bobby Joseph GAUTHIER, et al.
    No. 81-C-2277.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Sara Renee Crifasi Losavio, apply- . ,. ., - . .£ mg for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 400 So.2d 92.

Granted.


text:
    STATE of Louisiana v. Leroy ROGERS.
    No. 81-K-2326.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Leroy Rogers, applying for writs of certiorari, prohibition and mandamus. Cal-casieu Parish. No. 9322-81.

Granted. The money is ordered released to the owner.


text:
    Patsy Jean DeHAVEN v. Ronald Lee DeHAVEN.
    No. 81-C-2381.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Patsy Jean DeHaven, applying for writ of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 401 So.2d 418.

Granted.


text:
    Patricia DILLON (formerly Medellin) in the interest of the minor child, Margarita Lourdes Medellin v. Hector MEDELLIN.
    No. 81-C-2012.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Patricia Dillon, applying for relief and stay order. Lafourche Parish.

Motion denied.


text:
    Ted YOKEUM v. ITT HENZE SERVICE.
    No. 81-C-2274.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Ted Yokeum, applying for writs of certiorari, or review, to the Court of Appeal, First Circuit. Parish of Tangipahoa. 396 So.2d 611.

Denied.


text:
    STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. K. G. FARMS, INC. K. G. FARMS, INC. v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 81-C-2292.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re K. G. Farms, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of West Feli-ciana. 402 So.2d 304.

Denied.


text:
    Evelyn REED v. GENERAL MOTORS CORPORATION, Wright-Way, Inc., and Duplessis Cadillac, Inc.
    No. 81-C-2295.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re General Motors Corporation, Wright-Way, Inc., and Duplessis Cadillac, Inc., applying for writs of certiorari and review, to the First Circuit, Court of Appeal. Parish of East Baton Rouge. 400 So.2d 919.

Denied.

MARCUS, J., would grant the writ.


text:
    Willie HOWARD v. Dee CALLAHAN, Earl Fisher and International Harvester Company. Willie HOWARD v. HERCULES GALLION COMPANY and Peabody Waste Management Corporation. Willie HOWARD v. TERREBONNE PARISH POLICE JURY, et al.
    No. 81-C-2304.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Willie Howard, applying for writs of certiorari, or review, to the Court of Appeal, First Circuit. Parish of Terre-bonne. 396 So.2d 607.

Writ denied.


text:
    DEPARTMENT OF PUBLIC SAFETY, OFFICE OF STATE POLICE v. Robert J. RIGBY.
    No. 81-C-2312.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Department of Public Safety, Office of State Police, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 401 So.2d 1017.

Denied.

CALOGERO, J., would grant the writ.


text:
    Daniel David ADAMS v. Vivian Carriere ADAMS.
    No. 81-C-2318.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Daniel David Adams, applying for writ of certiorari. Parish of LaSalle. No. 17706.

On the showing made, application is denied.

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


text:
    GULF NATIONAL BANK AT LAKE CHARLES v. Glenn V. DUPUIS and Dorothy Mae Dupuis.
    No. 81-C-2330.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Dorothy Mae Dupuis, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Calcasieu. 402 So.2d 789.

Denied.

WATSON, J., recused.


text:
    Karen CROCHET v. MARYLAND CASUALTY INSURANCE COMPANY, State Farm Mutual Automobile Insurance Company, Louisiana Farm Bureau Mutual Insurance Company, Clara P. Verdin and James W. Verdin, Sr. Janice ROBICHAUX and Bernard Robichaux, Jr. v. MARYLAND CASUALTY INSURANCE COMPANY, State Farm Automobile Insurance Company, and James W. Verdin, Sr.
    No. 81-C-2359.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Janice Robichaux, Bernard Robi-chaux, Jr., and Karen Crochet, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Terre-bonne. 401 So.2d 439.

Denied.


text:
    Marian Bruce McKNIGHT v. Robert McKNIGHT.
    No. 81-C-2363.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Robert McKnight, applying for cer-tiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 401 So.2d 445.

Writ denied.


text:
    Leroy BANKSTON and Gerald Allen v. The ESTATE OF Sam BANKSTON, et al.
    No. 81-C-2379.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re The Estate of Sam Bankston, through it’s Representative, Ronald Bank-ston, and Estelle Bankston, to the Court of Appeal, First Circuit. Parish of Tangipa-hoa. 401 So.2d 436.

Denied.


text:
    STATE of Louisiana v. Kenneth Wayne NIX.
    No. 81-K-2371.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Kenneth Wayne Nix, applying for writs of certiorari, prohibition, and mandamus. Parish of DeSoto. No. 44926.

Granted.


text:
    MARYLAND CASUALTY COMPANY, et al. v. Lucy Reid RAUSCH, Clerk of Court, et al.
    No. 81-C-2396.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Lambert Brothers Construction Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of St. Tammany. 401 So.2d 376.

Denied.


text:
    Elton DEVILLE v. Russel ZAUNBRECHER and the Edwards Law Firm.
    No. 81-C-2403.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Elton Deville, applying for certiora-ri, or writ of review, to the Court of Appeal, Third Circuit. Parish of Acadia. 401 So.2d 643.

Denied.


text:
    Ethel Rutland TRAVIS, et al. v. LAKE SUPERIOR PILING COMPANY, et al.
    No. 81-C-2411.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Lake Superior Piling Company and Clemons Brothers Lumber Company, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Tangipahoa. 401 So.2d 432.

Denied.


text:
    John Kent CHAUVIN v. C. Robert BOHN.
    No. 81-C-2139.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re C. Robert Bohn, applying for writ of certiorari and or review, to the Fourth Circuit, Court of Appeal. Orleans Parish. 400 So.2d 1205.

Writ granted.


text:
    STATE of Louisiana ex rel. Eugene LAW v. W. Orie HUNTER, Jr.
    No. 81-KH-2083.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Eugene Law, applying for remedial writs. Parish of Caddo. No. 101037.

Granted. The trial court is ordered to furnish relator a copy of his Boykin transcript.


text:
    STATE of Louisiana, ex rel. Curtis GORDON v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-1868.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Curtis Gordon, applying for writ of habeas corpus. Parish of Orleans. No. 248-250.

Writ denied.


text:
    STATE of Louisiana, ex rel. Tyronne WRIGHT, Sr. v. STATE of Louisiana, and Judge Rudolph F. Becker, III.
    No. 81-KH-1958.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Tyronne Wright, Sr., applying for writ of certiorari. Parish of Orleans. No. 265-580.

Writ denied.


text:
    STATE of Louisiana ex rel. Anthony Lee RUSSELL v. Roger AUCOIN, and the Attorney General of the State of Louisiana.
    No. 81-KH-2067.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re Anthony Lee Russell, applying for writ of habeas corpus. Parish of East Baton Rouge. No. 2-81-153.

Writ denied.


text:
    STATE of Louisiana, ex rel. John Charles STEIN, Jr. v. FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, SHREVEPORT, Louisiana.
    No. 81-KH-2151.
    Supreme Court of Louisiana.
    Oct. 16, 1981.
   In re John Charles Stein, Jr., applying for writs of mandamus and prohibition. Parish of Caddo. Nos. 94-047 and 94-048.

Writ denied. Moot.


author: DIXON, C. J.,

text:
    STATE of Louisiana v. Aaron Harold BRATTON.
    No. 81-K-2721.
    Supreme Court of Louisiana.
    Oct. 19, 1981.
   In re Aaron H. Bratton, applying for writ of certiorari, supervisory and review, to the Parish of Winn. No. 23903.

Writ denied.

DIXON, C. J.,

concurs in the denial. The argument that Judge Wiley issued a “search warrant” for blood and saliva was not, apparently, mentioned or expounded in the district court.


text:
    STATE of Louisiana ex rel. Danny Lee DAVIS v. STATE of Louisiana.
    No. 81-KH-2776.
    Supreme Court of Louisiana.
    Oct. 20, 1981.
   In re Danny L. Davis, applying for remedial writs. Parish of Terrebonne.

Writ Denied. Information received from the 32nd Judicial District Court establishes that after the court denied the motion for a bond to be set on a probation detainer on October 7, 1981 it fixed bail in the amount of $50,000 and set an extradition hearing for October 31, 1981.


text:
    STATE of Louisiana v. Eddie PHILLIPS.
    No. 81-K-2763.
    Supreme Court of Louisiana.
    Oct. 20, 1981.
   In re Eddie Phillips, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Grant. No. 36950.

Execution of sentence stayed pending further orders of this Court.


text:
    STATE of Louisiana v. Raymond CAPTIVILLE.
    No. 81-K-2780.
    Supreme Court of Louisiana.
    Oct. 21, 1981.
   In re Raymond Captiville, applying for supervisory writs. Parish of Vermilion. No. 22732.

Granted. Bail reduced to $100,000.


text:
    STATE of Louisiana v. Albora A. SOSA.
    No. 81-K-2771.
    Supreme Court of Louisiana.
    Oct. 21, 1981.
   In re Albora A. Sosa, applying for writs of certiorari and habeas corpus. Parish of Orleans. No. 113326.

Writ granted. The trial court is ordered to conduct a contradictory hearing in accordance with Act 181 of 1981 immediately.