source: Caselaw Access Project

author: PER CURIAM.

license: Public Domain

text:
    LOUISIANA FEDERATION OF TEACHERS, East Baton Rouge Federation of Teachers, Jefferson Federation of Teachers, Nellie Joyce Meariman & Kevin Joseph Dehart v. STATE of Louisiana.
    No. 2013-CA-1088.
    Supreme Court of Louisiana.
    May 31, 2013.
   PER CURIAM.

hThe State of Louisiana invokes the appellate jurisdiction of this court, pursuant to La. Const, art. V, § 5(D), on the ground the district court has declared Act 1 of the 2012 Regular Session unconstitutional. Specifically, the district court ruled the Act violated the single object provision of La. Const. Art. Ill, § 15(A) and (C).

Pretermitting the merits of the appeal, we find the parties and the district court did not have the benefit of our recent opinion in Louisiana Federation of Teachers v. State of Louisiana, 13-0120, 13-0232, 13-0350 (La.5/7/13), 118 So.3d 1033, 2013 WL 1878913. Because our opinion clarifies the law in this area, we conclude it would be beneficial to remand the case to the district court for reconsideration of its ruling in light of our opinion, after appropriate briefing and argument by the parties.

Accordingly, without reaching the merits, we vacate the judgment of the district court. The case is remanded to the district court for further proceedings.


text:
    STATE ex rel. Carl HUNTLEY v. STATE of Louisiana.
    No. 2012-KH-2746.
    Supreme Court of Louisiana.
    May 17, 2013.
   In re Huntley, Carl;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. F, No. 23289; to the Court of Appeal, Third Circuit, No. KH 12-01012.

Denied.


text:
    STATE of Louisiana v. Akeem GAILES.
    No. 2013-KK-1314.
    Supreme Court of Louisiana.
    June 7, 2013.
   In re Gailes, Akeem;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. D, No. 231-12; to the Court of Appeal, First Circuit, No. 2013 KW 0961.

Stay denied. Writ denied.


text:
    STATE of Louisiana v. Christopher TYNES.
    No. 2013-KK-1282.
    Supreme Court of Louisiana.
    June 10, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 509-921; to the Court of Appeal, Fourth Circuit, No. 2013-K-0743.

Denied.


text:
    STATE of Louisiana v. Christopher TYNES.
    No. 2013-KK-1296.
    Supreme Court of Louisiana.
    June 10, 2013.
   In re Tynes, Christopher;—Defendant-Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 509-921; to the Court of Appeal, Fourth Circuit, No. 2013-K-0741.

Denied.

HUGHES, J., would grant.


text:
    STATE of Louisiana v. Gerald NICKLES.
    No. 2013-KK-0612.
    Supreme Court of Louisiana.
    June 11, 2013.
   In re Nickles; Gerald;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 506-038; to the Court of Appeal, Fourth Circuit, No. 2012-K-1698.

Denied.

WEIMER, J., would grant and docket.


text:
    Succession of Wilfrid Clayton ROY.
    No. 2013-CC-1291.
    Supreme Court of Louisiana.
    June 12, 2013.
   In re Roy, Tyrone;—Other; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. D, No. P-2012-0119; to the Court of Appeal, Third Circuit, No. CW 13-00001.

Not considered. Not timely filed. See Supreme Court Rule X, § 5.


text:
    Vijayendra JALIGAM v. Radhika POCHAMPALLY.
    No. 2013-CJ-1198.
    Supreme Court of Louisiana.
    June 12, 2013.
   In re Jaligam, Vijayendra;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 2008-00724 C/W 2008-05342; to the Court of Appeal, Fourth Circuit, No. 2012-CA-1510.

Denied.


text:
    STATE of Louisiana v. Triniece ROBIN.
    No. 2013-KK-1297.
    Supreme Court of Louisiana.
    June 12, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 509-542; to the Court of Appeal, Fourth Circuit, No. 2013-K-0629.

Denied.


text:
    Charlotte David JONES v. Lance Ashley JONES.
    No. 2013-OC-1305.
    Supreme Court of Louisiana.
    June 12, 2013.
   In re Jones, Lance Ashley;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Parish of East Baton Rouge Family Court, No. 188,233.

Denied.


text:
    In re Thomas HARANG, Jr.
    No. 2013-OB-1231.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Harang Jr., Thomas;—Plaintiff; Applying For Permission to Take Bar Examination.

Granted. Petitioner is allowed to take the Louisiana State Bar Examination. Upon satisfactorily passing the examination, petitioner may apply to this court for the appointment of a commissioner in accordance with Supreme Court Rule XVII, § 9, to take evidence and report to this court as to whether petitioner has the appropriate character and fitness to be admitted to the bar and allowed to practice law in the State of Louisiana.

WEIMER, J., recused.


text:
    In re Tomas E. ALARCON.

      No. 2013-OB-1281.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Alarcon, Tomas E.;—Plaintiff; Applying For Petition to take the July 2013 Bar Exam.

Granted. Petitioner is allowed to take the Louisiana State Bar Examination. Upon satisfactorily passing the examination, petitioner may apply to this court for the appointment of a commissioner in accordance with Supreme Court Rule XVII, § 9, to take evidence and report to this court as to whether petitioner has the appropriate character and fitness to be admitted to the bar and allowed to practice law in the State of Louisiana.


text:
    GRANT GUILLORY ENTERPRISES, INC. d/b/a Kajun Seafood v. Floyd QUEBEDEAUX.
    No. 2013-C-0973.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Quebedeaux, Floyd;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. D, No. 11C1604D; to the Court of Appeal, Third Circuit, No. 12-931.

Not considered. Not timely filed. See Supreme Court Rule X, § 5


text:
    Dennis GLASS v. Bryan GALLEY and Maurice L. Tynes.
    No. 2013-C-1025.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Galley, Bryan;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 2006-10371; to the Court of Appeal, First Circuit, No. 2012-CA-0767.

Not considered. Not timely filed. See Supreme Court Rule X, § 5(A)and(D).


text:
    Dennis GLASS v. Bryan GALLEY and Maurice L. Tynes.
    No. 2013-C-1026.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Tynes, Maurice L.;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 2006-10371; to the Court of Appeal, First Circuit, No. 2012 CA 0767.

Not considered. Not timely filed. See Supreme Court Rule X, § 5(A) and (D).


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 12-PDB-120.
    No. 2013-OB-1001.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Francis, Lionel;—Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 12-PDB-120.

Leave to appeal denied.


text:
    STATE ex rel. Clarence RANDOLPH, Jr. v. STATE of Louisiana.
    No. 2012-KH-1783.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Randolph Jr., Clarence;—Plaintiff; Applying For Reconsideration of this Court’s action dated December 14, 2012, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 327872/3; to the Court of Appeal, First Circuit, No. 2012 KW 0693.

Reconsideration denied.

HUGHES, J., would grant.


text:
    STATE ex rel. Ronald SCHEXNAYDER v. STATE of Louisiana.
    No. 2012-KH-2482.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Sehexnayder, Ronald;—Plaintiff; Applying for Reconsideration of this Court’s action dated April 26, 2013; Parish of Iberville 18th Judicial District Court Div. C, No. 77-95; to the Court of Appeal, First Circuit, No. 2012 KW 1311. Reconsideration denied.

WEIMER, J., would grant.


text:
    STATE ex rel. Leonard PERKINS v. STATE of Louisiana.
    No. 2012-KH-2630.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Perkins, Leonard;—Plaintiff; Applying For Application for Reconsideration of this court’s action dated April 26, 2013. Parish of Jefferson, 24th Judicial District Court Div. E, No. 91-1188; to the Court of Appeal, Fifth Circuit, No. 12-KH-631.

Reconsideration denied.


text:
    STATE of Louisiana v. Mark S. CAMBRICE.
    No. 2012-K-2451.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Cambrice, Mark S.;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. F, No. 07-7143; to the Court of Appeal, Fifth Circuit, No. 12-KA-60.

Denied.


text:
    STATE of Louisiana in the Interest of J.N.
    No. 2012-CK-2618.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re N., J.;—Other; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, E. Baton Rouge Juvenile Court, Nos. 92,735, 92,735; to the Court of Appeal, First Circuit, No. 2012 KJ 0336.

Denied.

JOHNSON, C.J., and KNOLL, J„ would grant.


text:
    STATE of Louisiana v. Errol M. GLASSER and Mark D. Winthrop.
    No. 2012-K-2666.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 507-821; to the Court of Appeal, Fourth Circuit, No. 2012-KA-0159.

Denied.


text:
    STATE of Louisiana v. Donny CARPER.
    No. 2012-K-2706.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Carper, Donny;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. A, No. 77,910; to the Court of Appeal, Second Circuit, No. 47,-409-KA.

Denied.


text:
    STATE of Louisiana v. Dennis HUGLE.
    No. 2012-KO-2721.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Hugle, Dennis;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. C, No. 488-190; to the Court of Appeal, Fourth Circuit, No. 2011-KA-1121.

Denied.


text:
    STATE of Louisiana v. Horatio ADAMS.
    No. 2013-K-0041.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Adams, Horatio;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. CR 122565 C/W CR 131202; to the Court of Appeal, Third Circuit, No. 12-663 C/W 12-664.

Denied.


text:
    STATE of Louisiana v. David C. GUIDRY.
    No. 2013-K-0076.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Guidry, David C;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, No. 11-5169; to the Court of Appeal, Fifth Circuit, No. 12-KA-296.

Denied.


text:
    STATE of Louisiana v. Lanford Anthony PAYNE.
    No. 2013-KO-0065.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Payne, Lanford Anthony;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. K, No. 10-F-1704; to the Court of Appeal, Second Circuit, No. 47,481-KA.

Denied.


text:
    STATE ex rel. Michael Anthony WILLIAMS v. STATE of Louisiana.
    No. 2013-KH-0079.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Williams, Michael Anthony;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. K, No. 09-F-2897; to the Court of Appeal, Second Circuit, No. KA 12-47574.

Denied.


text:
    STATE of Louisiana v. Undra HOLMES.
    No. 2013-KO-0086.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Holmes, Undra;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. L, No. 06-1094; to the Court of Appeal, Fifth Circuit, No. 12-KA-351.

Denied.


text:
    STATE of Louisiana v. Nathaniel HERNANDEZ.
    No. 2013-KO-0087.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Hernandez, Nathaniel;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, No. 09-4270; to the Court of Appeal, Fifth Circuit, No. 12-KA-196.

Denied.


text:
    STATE of Louisiana v. Marlin James JENKINS.
    No. 2013-K-0096.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. F, No. 12173-10; to the Court of Appeal, Third Circuit, No. 12-815.

Denied.


text:
    STATE of Louisiana v. Charlie Thomas GRIGGS, Jr.
    No. 2013-K-0102.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Griggs Jr., Charlie Thomas;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. E, No. 12M0115; to the Court of Appeal, Second Circuit, No. 47959-KW.

Denied.


text:
    STATE ex rel. Charles E. COLLINS v. STATE of Louisiana.
    No. 2013-KH-0142.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Collins, Charles E.;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 04-06-0605; to the Court of Appeal, First Circuit, No. 2012 KW 1788.

Denied.


text:
    STATE ex rel. Michael WILLIAMS v. STATE of Louisiana.
    No. 2013-KH-0147.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Williams, Michael;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 09-4692; to the Court of Appeal, Fifth Circuit, No. 12-KA-355.

Denied.


text:
    STATE ex rel. Joe Nathan TUBBS v. STATE of Louisiana.
    No. 2013-KH-0158.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Tubbs, Joe Nathan;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 78385.

Denied.


text:
    STATE ex rel. James William MARSH v. STATE of Louisiana.
    No. 2013-KH-0207.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Marsh, James William;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. D, No. 79-211; to the Court of Appeal, Fifth Circuit, No. 12-KH-772.

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


text:
    STATE ex rel. Kunta Kenta GREEN v. STATE of Louisiana.
    No. 2013-KH-0214.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Green, Kunta Kenta;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 4, No. 279,416; to the Court'of Appeal, Second Circuit, No. 47,-971-KH.

Denied.


text:
    STATE ex rel. Earl DUPRE v. STATE of Louisiana.
    No. 2013-KH-0222.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Dupre, Earl;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 355,904; to the Court of Appeal, First Circuit, Nos. 2012 KW 2026, 2012 KW 1754.

Denied.


text:
    STATE ex rel. Renaldo JOHNSON v. STATE of Louisiana.
    No. 2013-KH-0229.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Johnson, Renaldo;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, No. 01-108570; to the Court of Appeal, Third Circuit, No. KH 12-00960.

Denied.

KNOLL, J., recused.


text:
    STATE ex rel. John Henry HARLEY, Jr. v. STATE of Louisiana.
    No. 2013-KH-0230.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Harley Jr., John Henry;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 514590; to the Court of Appeal, First Circuit, No. 2012 KW 1910.

Denied.


text:
    Lloyd PRATT v. James LeBLANC & Brenda Acklin.
    No. 2013-CI-0268.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Pratt, Lloyd;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 581,932; to the Court of Appeal, First Circuit, No. 2012 CA 0833.

Denied.

HUGHES, J., recused.


text:
    STATE ex rel. Henry M. GOODMAN v. STATE of Louisiana.
    No. 2013-KH-0269.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Goodman, Henry M.;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. H, No. 06-230731; to the Court of Appeal, Third Circuit, No. KH 12-01091.

Denied.


text:
    STATE ex rel. Herbert Joseph CLAY, Jr. v. STATE of Louisiana.
    No. 2013-KH-0287.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Clay Jr., Herbert Joseph;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. D, No. 558,001; to the Court of Appeal, First Circuit, No. 2011 KA 1974.

Denied.


text:
    STATE ex rel. Gregory MITCHELL v. STATE of Louisiana.
    No. 2013-KH-0290.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Mitchell, Gregory;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 09-4017; to the Court of Appeal, Fifth Circuit, No. 13-KH-25.

Denied.

HUGHES, J., would grant.


text:
    STATE ex rel. Harold G. ROUSSEL, Jr. v. STATE of Louisiana.
    No. 2013-KH-0291.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Roussel Jr., Harold G.;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 87-582; to the Court of Appeal, Fifth Circuit, No. 12-KH-952.

Denied.


text:
    STATE ex rel. Roy TAYLOR v. STATE of Louisiana.
    No. 2013-KH-0325.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Taylor, Roy;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. D, No. 71,536; to the Court of Appeal, Second Circuit, No. 47,880-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Eldridge J. ADAMS, Jr. v. STATE of Louisiana.
    No. 2013-KH-0358.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Adams Jr., Eldridge J.;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. F, No. 74793; to the Court of Appeal, Third Circuit, No. KH 12-00901.

Denied.


text:
    STATE ex rel. Rhonda K. OLIVER v. STATE of Louisiana.
    No. 2013-KH-0365.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Oliver, Rhonda K;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 01-955; to the Court of Appeal, Fifth Circuit, No. 12-KH-901.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Lloyd DOMINGEAUX, Jr. v. STATE of Louisiana.
    No. 2013-KH-0378.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Domingeaux Jr., Lloyd;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. C, No. 41236; to the Court of Appeal, Third Circuit, No. KH 12-01397.

Deny on the showing made.


text:
    STATE ex rel. Rawleigh MILLER v. STATE of Louisiana.
    No. 2013-KH-0389.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Miller, Rawleigh;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, No. 00-F-1005; to the Court of Appeal, Second Circuit, No. 48,-137-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Darryl FALLS v. STATE of Louisiana.
    No. 2013-KH-0406.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Falls, Darryl;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 306-258; to the Court of Appeal, Fourth Circuit, No. 2012-K-1702.

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


text:
    STATE ex rel. Daniel Joseph MOORE v. STATE of Louisiana.
    No. 2013-KH-0407.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Moore, Daniel Joseph;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 383,668; to the Court of Appeal, First Circuit, No. 2012 KW 1825.

Denied.


text:
    STATE ex rel. Kevin DUCHANE v. STATE of Louisiana.
    No. 2013-KH-0425.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Duchane, Kevin;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 388-847; to the Court of Appeal, Fourth Circuit, No. 2012-K-1738.

Denied.


text:
    Abraham CRUZ v. Jason F. GILES, et al.
    No. 2013-CC-0802.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re The Law Office of Gregory S. Unger; Unger, Gregory S.; Worker’s Compensation, LLC;—Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 10-12386; to the Court of Appeal, Fourth Circuit, No. 2012-C-1753.

Denied.

VICTORY and HUGHES, JJ„ would grant.


text:
    STEWART INTERIOR CONTRACTORS, L.L.C. v. METALPRO INDUSTRIES, L.L.C., et al.
    No. 2013-CC-0944.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Nautilus Insurance Company;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. N, No. 2005-4162; to the Court of Appeal, Fourth Circuit, No. 2013-C-0373.

Denied.


text:
    CAPITAL ONE, N.A., formerly known as Hibernia National Bank v. Michael A. NICOLL.
    No. 2013-C-0947.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Nicoll, Michael A.;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. F, No. 685-444; to the Court of Appeal, Fifth Circuit, No. 12-CA-644.

Denied.


text:
    PARISH OF JEFFERSON v. DAUGHTERS OF ST. PAUL INC. d/b/a Pauline Books & Media.
    No. 2013-C-0953.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Daughters of St. Paul Inc. D/B/A Pauline Books & Media;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 665-022; to the Court of Appeal, Fifth Circuit, No. 12-CA-494.

Denied.


text:
    Merry Christine Isles SAYE v. John Erwin SAYE.
    No. 2013-CC-0955.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Saye, John Erwin;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. E, No. 464,218; to the Court of Appeal, Second Circuit, No. 48,-254-CW AND 48,255-CW.

Denied.


text:
    Timothy BERNARD, Sr., et al. v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, et al.
    No. 2013-C-0971.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Bernard Sr., Timothy et al.; Bernard, Evelyn; Bernard, Sheman;—Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. L, No. 20107124; to the Court of Appeal, Third Circuit, No. 12-1341.

Denied.


text:
    Richard Raymus RONDENO v. The LAW OFFICE OF WILLIAM S. VINCENT, JR., William S. Vincent, V., Jacob Garbin, W. Jared Vincent and ABC Insurance Company.
    No. 2013-C-0987.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Rondeno, Richard Raymus;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 2010-3214; to the Court of Appeal, Fourth Circuit, No. 2012-CA-1203.

Denied.


text:
    Vincent Mark CASTILLO v. D. MURRAY, Jr., et al.
    No. 2013-CP-0995.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Castillo, Vincent Mark;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 71,204; to the Court of Appeal, Fifth Circuit, No. 13-C-150.

Denied.

HUGHES, J., would grant.


text:
    Markus TRAUTMANN, et ux. v. Charles G. FITZGERALD, et al.
    No. 2013-C-1003.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Fitzgerald, Charles G. et al.; Fitzgerald, Jeanne; USAA Insurance Company;—Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. G, No. 2011-5725; to the Court of Appeal, Third Circuit, No. 12-1270.

Denied.

HUGHES, J., would grant.


text:
    Linda A. PORROVECCHIO v. LQ MANAGEMENT, L.L.C., LA Quinta Inns, Inc., LA Quinta Properties, Inc., LA Quinta Leasing Company, and LA Quinta Realty Corp.
    No. 2013-C-1005.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Porrovecchio, Linda A.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 582,-146; to the Court of Appeal, First Circuit, No. 2012 CA 1500.

Denied.


text:
    ST. BERNARD I, LLC v. Erroll G. WILLIAMS, Assessor, Parish of Orleans; Normal Foster, Director of Finance for the City of New Orleans; Department of Finance, Bureau of the Treasury, City of New Orleans; City of New Orleans and the Louisiana Tax Commission.
    No. 2013-C-1008.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Erroll G. Williams, Assessor, Parish of Orleans;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 2011-1334; to the Court of Appeal, Fourth Circuit, No. 2012-CA-0372.

Denied.


text:
    Vincent Mark CASTILLO v. M. ENNIS, et al.
    No. 2013-CP-1009.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Castello, Vincent Mark;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 722^497; to the Court of Appeal, Fifth Circuit, No. 13-C-229.

Denied.

HUGHES, J„ would grant.


text:
    Jason BLAKE v. COMMERCE & INDUSTRY, et al. Jerome Hellmers v. Commerce & Industry, et al.
    No. 2013-C-1010.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Commerce and Industry Insurance Company; Mary Virginia St. Martin;—Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. G, No. 2011-00459, 2011-1641; to the Court of Appeal, Fourth Circuit, No. 2013-C-0307.

Denied.

VICTORY, J., would grant.


text:
    Richard Raymus RONDENO v. The LAW OFFICE OF WILLIAM S. VINCENT, JR., William S. Vincent, V. Jacob Garbin, W. Jared Vincent and ABC Insurance Company.
    No. 2013-C-1018.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Garbin, Jacob; The Law Office of William S. Vincent, Jr.; Vincent, V., William S.; Vincent, W. Jared;—Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 2010-03214; to the Court of Appeal, Fourth Circuit, No. 2012-CA-1203.

Denied.


text:
    Jerry RAMOS v. STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 2013-C-1020.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Ramos, Jerry;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Grant, 35th Judicial District Court Div. O, No. 6,242; to the Court of Appeal, Third Circuit, No. 12-1389.

Denied.


text:
    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Kenneth FORRESTIER, et al.
    No. 2013-C-1021.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Loiseau, Brooke; Loiseau, Ryan;—Other(s); Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. A, No. C-20113404; to the Court of Appeal, Third Circuit, No. 12-1391.

Denied.


text:
    CLLC INVESTMENT, INC. v. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College.
    No. 2013-CC-1037.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Board of Supervisors of Louisiana State University and Agricultural and Mechanical College;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 2010-8603 C/W 12-7891; to the Court of Appeal, Fourth Circuit, No. 2012-C-1742.

Denied.

KNOLL, J., concurs in denial of writ. Adequate remedy on appeal.


text:
    OCEANS HEALTHCARE, LLC and Oceans Behavioral Hospital of Greater New Orleans v. COMPREHENSIVE BEHAVIORAL CARE, INC., People’s Health, Inc. and Peoples Health Network.
    No. 2013-CC-1049.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re New Orleans Regional Physician Hospital Organization Inc. D/B/A Peoples Health Network; Peoples Health Inc. et al.;—Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 598633; to the Court of Appeal, First Circuit, No. 2013 CW 0620.

Denied.

VICTORY, J., would grant.


text:
    STATE of Louisiana v. Tomarcus PORTER.
    No. 2013-KK-1312.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 509-530-C; to the Court of Appeal, Fourth Circuit, No. 2013-K-0362.

Denied. Because another competency hearing is scheduled on June 25, 2013, this matter is denied. However, as indicated in the dissenting opinion from the Court of Appeal, the district court erred. The state must be afforded the opportunity of cross examination pursuant to La.Code Cr. Proc. Art. 647.


text:
    REBEL DISTRIBUTORS CORP., INC. d/b/a Physician Partner and Pharmacy Partner (Mary Doucet) v. LUBA WORKERS’ COMP., et al.
    No. 2013-C-0749.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Rebel Distributors Corp., Inc. d/b/a Physician Partner and Pharmacy Partner (Mary Doucet);—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, Office of Workers’ Compensation-District 04, No. 09-00160; to the Court of Appeal, Third Circuit, No. 12-909 C/W 12-910 THROUGH 12-927.

Granted.


text:
    Lionel A. BUTLER and Jennifer Butler, Individually and Administrator of the State of their Minor Children, Lynell Butler and Maggie Butler; and Brian A. Ruffin v. Zathan BOUTAN, Motel 6 Operating, L.P. and Accor North America, Inc.
    No. 2013-CC-0767.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Accor North America, Inc.; Motel 6 Operating, L.P.;—Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. A, No. 38,713; to the Court of Appeal, First Circuit, No. 2013 CW 0260.

Granted. Case remanded to Court of Appeal for briefing, argument and full opinion.

KNOLL and WEIMER, JJ., would deny.


author: WEIMER, J.,

text:
    STATE of Louisiana v. Herschel JAMES. (In re Kendall Green).
    No. 2013-OK-1024.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Green, Kendall;—Other; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 514-670; to the Court of Appeal, Fourth Circuit, No. 2013-K-0309.

Denied.

WEIMER, J., would grant and assigns reasons.

WEIMER, J.,

dissenting.

I would grant the writ and vacate the contempt sanction. Undoubtedly, there were better avenues available to attorney Green than the one he chose after being directed by the district court to inquire as to whether the mother of an indigent client, who was a minor, received public assistance. Attorney Green candidly admits that his choice of wording when disagreeing with the court regarding that inquiry was “unwise.” However, the legal question presented by attorney Green’s actions is whether his conduct as shown on this record rises to the level of meriting the sanction of contempt. While I fully agree that attorney Green should not have responded as he did, I nevertheless find, under recognized legal standards, that attorney Green’s conduct has not been shown to merit the sanction of contempt and incarceration on this record.

As this court has previously ruled, for the sanction of criminal contempt to be imposed upon an attorney for the attorney’s conduct during a hearing, the conduct justifying that sanction must be apparent from the record. In re Milkovich, 493 So.2d 1186, 1190 (La.1986). In a per curiam, the district court explains that conduct for which the sanction was imposed (i.e., “several statements and outbursts”) was not contemporaneously transcribed. In the absence of a transcription or other contemporary evidence of record, a rule to show cause must be held in order to allow sufficient appellate review. Id., 493 So.2d at 1190 n. 4. Here, because the evidentia-ry basis for the contempt ruling is neither contained in contemporaneous transcription nor memorialized by a rule to show cause, the contempt ruling cannot stand.


text:
    SAMSON CONTOUR ENERGY E & P, L.L.C. v. Billy Jean SMITH, et al. Joe Lynn Robinson and Mark Alan Smith, Independent Co-Administrators of the Succession of Effie Smith Connell v. Samson Contour Energy E & P, L.L.C.
    No. 2013-CC-1194.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Samson Contour Energy E & P, L.L.C.;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. F, No. 66,462 C/W 67,054; to the Court of Appeal, Second Circuit, No. 48,408-CW CfW 48,409-CW.

Denied.

VICTORY, J., would grant.


text:
    Carolyn DAVIS v. TRI-PARISH REHABILITATION.
    No. 2013-C-0974.
    Supreme Court of Louisiana.
    June 14, 2013.
   In re Tri-Parish Rehabilitation;-Defendant; Applying For Writ of Certiorari and/or Review Office of Worker’s Compensation, No. 10-11305; to the Court of Appeal, Third Circuit, No. 12-1292.

Denied.


text:
    DAZET MORTGAGE SOLUTIONS LLC, Chou Chou LLC, RC Holding LLC, Lillylyd LLC, Wabash Properties LLC, Belfast Properties, LLC, Denada Investments, LLC, Riverbend LLC, LMMB LLC, Ng Investments, LLC, Riverbend Capital LLC, Allstar RV Rentals LLC, and Michael Dazet v. Gregory G. FAIA, Faia & Associates, LLC, and Security Title of Louisiana.
    No. 2013-C-1046.
    Supreme Court of Louisiana.
    June 21, 2013.
   In re Faia & Associates, LLC; Faia, Gregory G. et al.; Security Title of Louisiana;—Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 680-618; to the Court of Appeal, Fifth Circuit, No. 12-CA-486.

Denied.


text:
    LeBLANC LAND COMPANY, LLC, Louis P. LeBlanc, Jr., and Merrill LeBlanc Cornay v. The DOW CHEMICAL COMPANY, Clifton Assumption, LLC, Clifton Land Corporation, Clifton Minerals, LLC, Landsource Incorporated and Chad A. Morris.
    No. 2013-C-1082.
    Supreme Court of Louisiana.
    June 21, 2013.
   In re Cornay, Merrill LeBlanc; LeBlanc Jr., Louis P.; LeBlanc Land Company L.L.C. et al.;—Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Assumption, 23rd Judicial District Court Div. E, No. 30,859; to the Court of Appeal, First Circuit, No. 2012 CA 0963.

Denied.

HUGHES, J., would grant.


text:
    STATE of Louisiana v. Irita REAUX.
    No. 2013-KK-1472.
    Supreme Court of Louisiana.
    June 26, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 514-360; to the Court of Appeal, Fourth Circuit, No. 2013-K-0831.

Writ granted. The ruling of the trial court granting defendant’s motion to suppress is reversed. The case is remanded to the trial court for further proceedings.

JOHNSON, C.J., would deny the application.

WEIMER, J., would grant and docket the case.


text:
    STATE of Louisiana v. Terry Lynn TERRY.
    No. 2012-K-2759.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Terry, Terry Lynn;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. 2, No. 272,724; to the Court of Appeal, Second Circuit, No. 47,-425-KA.

Denied.


text:
    Amber R. AUCOIN and Mary Beth Chapman v. Ricky GACHASSIN, et al.
    No. 2013-CC-0897.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re American International Insurance Company, An Issuing Insurance Company for Private Client Group, A Division of AIU Holdings;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. H, No. 120577; to the Court of Appeal, First Circuit, No. 2011 CW 1906R.

Denied.

VICTORY and GUIDRY, JJ., would grant.


text:
    Brandon J. MOURET v. Krista M. STEGALL.
    No. 2013-CC-0988.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Stegall, Krista M.;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. H, No. 2008^4909-H3; to the Court of Appeal, Third Circuit, No. CW 12-01459.

Denied.

VICTORY and WEIMER, JJ„ would grant.


text:
    Patricia SASSER-FORD v. STATE FARM FIRE & CASUALTY CO., et al.
    No. 2013-C-1006.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Johns, Ronnie;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. H, No. 2006-4465; to the Court of Appeal, Third Circuit, No. 12-1375.

Denied.

GUIDRY and HUGHES, JJ., would grant.


text:
    John C. McCARTHY, Individually and as Trustee of The Kathleen McCarthy Balden Trust, and Majorie M. Moss v. EVOLUTION PETROLEUM CORPORATION formerly known as Natural Gas Systems, Inc., and NGS Sub Corporation.
    No. 2013-C-1022.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Evolution Petroleum Corporation F/K/A Natural Gas Systems Inc. et al.; NGS Sub Corporation;—Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Richland, 5th Judicial District Court Div. B, No. 42,418-A; to the Court of Appeal, Second Circuit, No. 47,-907-CA.

Denied.


text:
    ATTORNEY IN PRIVATE PRACTICE v. The LOUISIANA BOARD OF ETHICS, et al.
    No. 2013-C-1075.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Louisiana Board of Ethics et al.;—Defendant; Applying For Writ of Certio-rari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 601,846; to the Court of Appeal, First Circuit, No. 2011 CA 1545.

Denied.

JOHNSON, C.J., and HUGHES, J., recused.


text:
    Timothy John RHYMES v. Dina Constantin RHYMES.
    No. 2013-C-0823.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re Rhymes, Dina Constantin;—Defendant; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. M, No. 20090265; to the Court of Appeal, Third Circuit, No. 12-1184.

Granted.


text:
    STATE of Louisiana v. Glen DRAUGHTER.
    No. 2013-OK-0623.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 512-135.

Stay lifted, but only to the extent necessary for the trial court to set a bond following a contradictory bond hearing.

VICTORY and HUGHES, JJ., dissents.


text:
    Paul ENGLISH v. Micah A. McMURRAY, Sgt., Michael G. Barrel, Investigating Captain, Larry Grow, Major, Jim Roger, Warden, Bobbi Jo Breland, Classification, Sharon Holloway, Master Sgt., Mr. McCloud, Disciplinary Board Chairman, Jeffery E. Travis, Employees of Rayburn Correctional Center.
    No. 2013-CP-1073.
    Supreme Court of Louisiana.
    June 28, 2013.
   In re English, Paul;-Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. E, No. 97108; to the Court of Appeal, First Circuit, No. 2013-CW-0153.

Writ granted for the purpose of transferring applicant’s Motion to Compel contained in his writ application to the District Court for its consideration.

GUIDRY, J., would deny.


text:
    STATE of Louisiana v. Ernest TROSCLAIR, et al.
    No. 2013-KK-1573.
    Supreme Court of Louisiana.
    July 3, 2013.
   In re Connerly, Jimmie;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 503-687; to the Court of Appeal, Fourth Circuit, No. 2013-K-719.

Denied.

HUGHES, J„ would grant.


text:
    STATE of Louisiana v. Michael LOUDING.
    No. 2013-KD-1546.
    Supreme Court of Louisiana.
    July 8, 2013.
   In re Louding, Michael;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 06-10-0234; to the Court of Appeal, First Circuit, No. 2013 KW 1016.

Denied.


text:
    STATE of Louisiana v. Allen Lazaro THOMPSON.
    No. 2013-KD-1613.
    Supreme Court of Louisiana.
    July 9, 2013.
   In re Thompson, Allen Lazaro;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. C, No. 12-CR8-116682; to the Court of Appeal, First Circuit, No. 2013 KW 1142.

Denied.


text:
    Yvonne LANDRY v. Jeffrey THOMAS.
    No. 2013-CJ-1552.
    Supreme Court of Louisiana.
    July 10, 2013.
   In re Landry, Yvonne;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. L, No. 2008-10514; to the Court of Appeal, First Circuit, No. 2012 CU 1974.

Denied.

HUGHES, J., recused.


text:
    Yvonne LANDRY v. Jeffrey THOMAS.
    No. 2013-CJ-1553.
    Supreme Court of Louisiana.
    July 10, 2013.
   In re Landry, Yvonne;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. L, No. 2008-10514; to the Court of Appeal, First Circuit, No. 2012 CU 1975.

Denied.

HUGHES, J., recused.


text:
    STATE of Louisiana v. Nathan McCRAY.
    No. 2013-KK-1601.
    Supreme Court of Louisiana.
    July 11, 2013.
   In re McCray, Nathan;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 515-802; to the Court of Appeal, Fourth Circuit, No. 2013-K-0890.

Stay denied; writ application denied.


text:
    STATE of Louisiana v. Joshua JORDAN.
    No. 2013-KK-1648.
    Supreme Court of Louisiana.
    July 11, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 509-895; to the Court of Appeal, Fourth Circuit, No. 2013-K-0689.

Denied.


text:
    STATE of Louisiana v. Dwayne FRANKLIN.
    No. 2013-KK-1490.
    Supreme Court of Louisiana.
    July 12, 2013.
   In re Franklin, Dwayne;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 515-702; to the Court of Appeal, fourth Circuit, No. 2013-K-0859.

Stay denied; writ denied.


text:
    STATE of Louisiana v. Trina SORINA.
    No. 2013-KK-1570.
    Supreme Court of Louisiana.
    July 12, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 514-191; to the Court of Appeal, Fourth Circuit, No. 2013-K-0806.

Stay denied; writ denied.


text:
    STATE of Louisiana in the Interest of R.R.
    No. 2013-CK-1578.
    Supreme Court of Louisiana.
    July 12, 2013.
   In re R., R.;—Other; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Juvenile Court Orleans Parish, No. 2012-303-04-DQ-F; to the Court of Appeal, Fourth Circuit, No. 2013-C-0745.

Denied.


text:
    STATE of Louisiana v. Allen L. THOMPSON.
    No. 2013-KD-1632.
    Supreme Court of Louisiana.
    July 12, 2013.
   In re Thompson, Allen L,;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. G, No. 12-CR8-116682.

Denied. Moot.


text:
    STATE of Louisiana v. Keith BATTLE.
    No. 2013-KK-1644.
    Supreme Court of Louisiana.
    July 15, 2013.
   In re Battle, Keith;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 514-737; to the Court of Appeal, Fourth Circuit, No. 2013-K-0900.

Denied.


text:
    STATE of Louisiana v. Sean BRIGGS.
    No. 2013-KK-1515.
    Supreme Court of Louisiana.
    July 17, 2013.
   In re Briggs, Sean;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 512-439; to the Court of Appeal, Fourth Circuit, No. 2013-K-0713 C/W 2013-K-0717.

Denied.


text:
    In re D.C.M. Applying for Intrafamily Adoption.
    No. 2013-CJ-1669.
    Supreme Court of Louisiana.
    July 17, 2013.
   In re Maurer, Dustin C.;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. K, No. 2011-40002; to the Court of Appeal, First Circuit, No. 2013 CJ 0085.

Denied.


text:
    STATE of Louisiana v. Willie Brent STONE.
    No. 2013-KK-1686.
    Supreme Court of Louisiana.
    July 17, 2013.
   In re Stone, Willie Brent;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 04-13-0877; to the Court of Appeal, First Circuit, No. 2013 KW 1106.

Denied.


text:
    STATE of Louisiana v. Angelo DIBENEDETTO.
    No. 2013-KK-1540.
    Supreme Court of Louisiana.
    July 18, 2013.
   In re Dibenedetto, Angelo;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, Nos. 12-4975, 12-4976; to the Court of Appeal, Fifth Circuit, No. 13-K-307.

Denied.


text:
    STATE of Louisiana v. Ernest ESPADRON.
    No. 2013-KK-1777.
    Supreme Court of Louisiana.
    July 26, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 513-990; to the Court of Appeal, Fourth Circuit, No. 2013-K-0935.

Stay denied; writ denied.

VICTORY and KNOLL, JJ., would grant.


text:
    Karen LeBLANC and Joe LeBlanc v. Hezaul ISLAM, M.D.
    No. 2013-CC-1792.
    Supreme Court of Louisiana.
    July 26, 2013.
   In re Islam M.D., Rezaul;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. J, No. 2010-0156; to the Court of Appeal, Second Circuit, No. 48674-CW.

Denied.


text:
    Karen LeBLANC and Joe LeBlanc v. Rezaul ISLAM, M.D.
    No. 2013-CC-1793.
    Supreme Court of Louisiana.
    July 26, 2013.
   In re Islam M.D., Rezaul;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. J, No. 2010-0156; to the Court of Appeal, Second Circuit, No. 48678-CW.

Denied.


text:
    STATE ex rel. Henry WRIGHT v. STATE of Louisiana.
    No. 2013-KH-1247.
    Supreme Court of Louisiana.
    July 29, 2013.
   In re Wright, Henry;—Plaintiff; Applying For Writ of Mandamus and/or Writ of Prohibition, Parish of Orleans, Criminal District Court Div. C, No. 242-149.

Relator represents that the district court has failed to act timely on a motion to correct illegal sentence and memorandum in support filed on or about January 2013. If relator’s representation is correct, the district court is ordered to consider and act on the motion. If relator’s representation is incorrect, the district court is ordered to accept, file and act upon the pleading which is herewith transferred to the district court. The district court is ordered to provide this Court with a copy of its judgment.


author: GUIDRY, J.,

text:
    STATE of Louisiana v. Kevin BRYANT.
    No. 2013-KD-1812.
    Supreme Court of Louisiana.
    July 30, 2013.
   In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 515-507; to the Court of Appeal, Fourth Circuit, No. 2018-K-1038.

Writ granted in part, and denied in part. The testimony that Defendant Kevin Bryant consented to the search is uncontested Therefore, the seized tickets are admissible. In all other respects, the writ is denied.

JOHNSON, C.J., and CLARK, J., would deny the writ.

WEIMER, J., concurs.

GUIDRY, J.,

concurs in part and dissents in part, and would admit the statement made after the advisement of rights.


text:
    STATE ex rel. Harrison BREAUX v. STATE of Louisiana.
    No. 2013-KH-0337.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Breaux, Harrison;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 98-3066; to the Court of Appeal, Fifth Circuit, No. 02-KH-92.

This application is governed by this Court’s order in State v. Cordero, 08-1717 (10/31/08), 993 So.2d 203, which approved of the en banc resolution adopted by the Fifth Circuit on September 9, 2008, setting forth internal operating procedures designed to promote completely independent merits review of applications filed and denied between February 1994 and May 2007 by randomly-selected panels of three judges. Pursuant to our order in Cordero, the application in 13-KH-0337 is herewith transferred to the Fifth Circuit Court of Appeal to address according to the procedures adopted in its en banc order of September 9, 2008.

WEIMER, J.,

concurs in part and dissents in part for the reasons assigned in State v. Cordero, 08-1717 (La.10/03/08), 993 So.2d 203.

GUIDRY, J., recused.

CLARK, J., would deny.


text:
    STATE ex rel. William BIRTHA v. STATE of Louisiana.
    No. 2012-KH-2315.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Birtha, William; — Plaintiff; Applying For Reconsideration of this court’s action dated May 3, 2013, Parish of Jefferson, 24th Judicial District Court Div. N, No. 97-6381; to the Court of Appeal, Fifth Circuit, No. 12-KH-617.

Denied.

WEIMER and HUGHES, JJ., would grant.


text:
    STATE ex rel. Wesley DYSON v. STATE of Louisiana.
    No. 2013-KH-0034.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Dyson, Wesley; — Plaintiff; Applying For Reconsideration of this Court’s action dated May 24, 2013, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 09-88-0894; to the Court of Appeal, First Circuit, No. 2012 KW 1629.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Drew Michael PIZZO v. STATE of Louisiana.
    No. 2013-KH-0037.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Drew Michael Pizzo; Plaintiff; Applying for Reconsideration of this Court’s action dated May 31, 2013; Parish of Jefferson, 24th Judicial District Court Div. E, No. 88-876, 2010-7; to the Court of Appeal, Fifth Circuit, No. 12-KH-817.

Denied.

GUIDRY, J., recused.


text:
    STATE ex rel. Steven CAMPBELL v. STATE of Louisiana.
    No. 2013-KH-0066.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Campbell, Steven; Plaintiff; Applying for Reconsideration of this Court’s action dated May 31, 2013; Parish of Jefferson, 24th Judicial District Court Div. F, No. 05-578; to the Court of Appeal, Fifth Circuit, No. 12-KH-824.

Denied.


text:
    STATE ex rel. Travis P. BURKE v. STATE of Louisiana.
    No. 2013-KH-0088.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Burke, Travis P.; — Plaintiff; Applying for Reconsideration of this Court’s action dated May 31, 2013, Parish of Orleans, Criminal District Court Div. A, No. 489-791; to the Court of Appeal, Fourth Circuit, No. 2011-KA-1081.

Denied.


text:
    STATE ex rel. Charles Ray LINDSEY v. STATE of Louisiana.
    No. 2012-KH-1844.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Lindsey, Charles Ray; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. F, No. 09-F2362; to the Court of Appeal, Second Circuit, No. 47,621-KH.


text:
    STATE ex rel. Randall Scott LAURENT v. STATE of Louisiana.
    No. 2012-KH-1848.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Laurent, Randall Scott; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 404213; to the Court of Appeal, First Circuit, No. 2012 KW 0719.

Denied.

HUGHES, J., recused.

.


text:
    STATE ex rel. Kevin EDWARDS v. STATE of Louisiana.
    No. 2013-KH-0082.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Edwards, Kevin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 12-06-0256; to the Court of Appeal, First Circuit, No. 2012 KW 1661.

Denied.


text:
    STATE ex rel. Antonio SEWELL v. STATE of Louisiana.
    No. 2013-KH-0092.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Sewell, Antonio; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 199,992; to the Court of Appeal, Second Circuit, No. 47,-863-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Hugo D. CABOS v. STATE of Louisiana.
    No. 2013-KH-0124.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Cabos, Hugo D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. E, No. 21415; to the Court of Appeal, First Circuit, No. 2012 KW 1918.

Denied.


text:
    STATE ex rel. Lucien P. BAZLEY v. STATE of Louisiana.
    No. 2013-KH-0125.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Bazley, Lucien P.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 07-2459; to the Court of Appeal, Fifth Circuit, No. 12-KH-780.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Darrin ROBINSON v. STATE of Louisiana.
    No. 2013-KH-0133.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Robinson, Darrin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 344-417; to the Court of Appeal, Fourth Circuit, No. 2012-K-1688.

Denied.


text:
    STATE ex rel. Cody SMOOT v. STATE of Louisiana.
    No. 2013-KH-0141.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Smoot, Cody; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 11-2246; to the Court of Appeal, Fifth Circuit, No. 12-KA-464.

Denied.


text:
    STATE ex rel. Vincent Mark CASTILLO v. STATE of Louisiana.
    No. 2013-KH-0143.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Castillo, Vincent Mark; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court, Nos. F1789838, F1808684, F1859335, F1859969, F1870547; to the Court of Appeal, Fifth Circuit, Nos. 12-KH-843, 12-K-905.

Denied. Moot.


text:
    STATE ex rel. Arthur JACKSON v. STATE of Louisiana.
    No. 2013-KH-0145.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Jackson, Arthur; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 91-2112; to the Court of Appeal, Fifth Circuit, No. 12-KH-812.

Denied.


text:
    STATE ex rel. Ricardo Andre CARMOUCHE v. STATE of Louisiana.
    No. 2013-KH-0181.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Carmouche, Ricardo Andre;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 98-CR-80049.2; to the Court of Appeal, Third Circuit, No. KH 12-01224.

Denied.


text:
    STATE ex rel. James KOON v. STATE of Louisiana.
    No. 2013-KH-0183.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Koon, James; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div A, No. 96-F-0458; to the Court of Appeal, Second Circuit, No. 47,965-KH.

Denied.


text:
    STATE ex rel. Eric SAMUELS v. STATE of Louisiana.
    No. 2013-KH-0206.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Samuels, Eric; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 5, No. 265,841; to the Court of Appeal, Second Circuit, No. 47,-939-KH.

Denied.


text:
    STATE ex rel. Lonzette K. GADDIS v. STATE of Louisiana.
    No. 2013-KH-0209.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Gaddis, Lonzette K; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 2, No. 209,037; to the Court of Appeal, Second Circuit, No. 48087-KH.

Denied.


text:
    STATE ex rel. Gregory NAVARRE v. STATE of Louisiana.
    No. 2013-KH-0213.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Navarre, Gregory; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of. Terrebonne, 32nd Judicial District Court Div. D, No. 78517.

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


text:
    STATE ex rel. Andre T. WILLIAMS v. STATE of Louisiana.
    No. 2013-KH-0223.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Williams, Andre T.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caldwell, 37th Judicial District Court Div. O, No. 80,973; to the Court of Appeal, Second Circuit, No. 47,-832-KH.

Denied.


text:
    STATE ex rel. Gary SLAYDON v. STATE of Louisiana.
    No. 2013-KH-0228.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Slaydon, Gary; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 440995-2; to the Court of Appeal, First Circuit, No. 2012 KW 1549.

Denied.

HUGHES, J., recused.


text:
    STATE ex rel. Joseph McKENDALL v. STATE of Louisiana.
    No. 2013-KH-0240.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re McKendall, Joseph; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. A, No. 192710-1; to the Court of Appeal, First Circuit, No. 2012 KW 1553.

Denied. Untimely and repetitive. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189. Cf. La.C.Cr.P. art. 930.4(D)


text:
    STATE ex rel. Harrison JEFFERSON v. STATE of Louisiana.
    No. 2013-KH-0286.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Jefferson, Harrison; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. E, No. 291409; to the Court of Appeal, Third Circuit, No. KH 12-01343.

Denied.


text:
    STATE ex rel. Kattie Rosettia JACKSON v. STATE of Louisiana.
    No. 2013-KH-0292.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Jackson, Kattie Rosettia; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 1, No. 289,779; to the Court of Appeal, Second Circuit, No. 47,-871-KH.

Denied.


text:
    STATE ex rel. Landis J. CAMP v. STATE of Louisiana.
    No. 2013-KH-0298.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Camp, Landis J.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. 09-1417, 09-1161, 10-5360, 10-5361; to the Court of Appeal, Fifth Circuit, Nos. 12-KH-307, 12-KH-253,12-KH-120,12-KH-738.

Denied.


text:
    STATE ex rel. Randy Jerome WILSON v. STATE of Louisiana.
    No. 2013-KH-0307.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Wilson, Randy Jerome; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 3, No. 251,407; to the Court of Appeal, Second Circuit, No. 47,-975-KH.

Denied.


text:
    STATE ex rel. Samuel K. GALBRAITH v. STATE of Louisiana.
    No. 2013-KH-0308.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Galbraith, Samuel K.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. A, No. 57369; to the Court of Appeal, Third Circuit, No. KH 12-01366.

Denied.


text:
    STATE ex rel. Earl S. VINCENT III v. STATE of Louisiana.
    No. 2013-KH-0330.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Vincent III, Earl S.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 486-968; to the Court of Appeal, Fourth Circuit, No. 2013-K-0044.

Denied.


text:
    STATE ex rel. Clifton D. SMITH v. STATE of Louisiana.
    No. 2013-KH-0332.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Smith, Clifton D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 3971-03; to the Court of Appeal, Third Circuit, No. KH 12-01323.

Denied.


text:
    STATE ex rel. Charles BUTLER v. STATE of Louisiana.
    No. 2013-KH-0338.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Butler, Charles; — Plaintiff; Applying For_ Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 308-504; to the Court of Appeal, Fourth Circuit, No. 2013-K-0028.

Denied.


text:
    Andrea HALL v. LOUISIANA DEPARTMENT OF SAFETY AND CORRECTIONS.
    No. 2013-CI-0357.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Hall, Andrea; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E,' No. 613628; to the Court of Appeal, First Circuit, No. 2012 CW1668.

Denied.

HUGHES, J., would grant.


text:
    STATE ex rel. James Anthony COFFMAN v. STATE of Louisiana.
    No. 2013-KH-0361.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Coffman, James Anthony; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 25th Judicial District Court Div. F, Nos. 148,794, 148,795; to the Court of Appeal, Second Circuit, No. 48,095-KH.

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


text:
    STATE ex rel. Timmy Anthony BRADLEY, Sr. v. STATE of Louisiana.
    No. 2013-KH-0362.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Bradley Sr., Timmy Anthony;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 546,356; to the Court of Appeal, First Circuit, No. 2011 KA 0300.

Denied.

HUGHES, J., recused.


text:
    STATE ex rel. Pete DOMINGUEZ v. STATE of Louisiana.
    No. 2013-KH-0363.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Dominguez, Pete; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. D, No. 478560; to the Court of Appeal, First Circuit, No. 2012 KW 2102.

Denied.

WEIMER and HUGHES, JJ., recused.


text:
    STATE ex rel. Danny RUBEN v. STATE of Louisiana.
    No. 2013-KH-0364.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Ruben, Danny; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 256,336; to the Court of Appeal, Second Circuit, No. 48,-134-KH.

Denied.


text:
    STATE ex rel. Kenneth TITTLE v. STATE of Louisiana.
    No. 2013-KH-0366.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Tittle, Kenneth; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 12930-03; to the Court of Appeal, Third Circuit, No. KH 11-01513.

Denied.


text:
    STATE ex rel. Lisa ROBINSON v. STATE of Louisiana.
    No. 2013-KH-0368.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Robinson, Lisa; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 3, No. 263,705; to the Court of Appeal, Second Circuit, No. 48,-093-KH.

Denied.


text:
    STATE ex rel. Lakeith DEBROW v. STATE of Louisiana.
    No. 2013-KH-0380.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Debrow, Lakeith; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 3, No. 186,019; to the Court of Appeal, Second Circuit, No. 48,-133-KH.

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


text:
    STATE ex rel. Clarence JOHNSON v. STATE of Louisiana.
    No. 2013-KH-0404.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Johnson, Clarence; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 03-8005; to the Court of Appeal, Fifth Circuit, No. 12-KH-892.

Denied.


text:
    STATE ex rel. Percy M. TAYLOR v. STATE of Louisiana.
    No. 2013-KH-0405.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Taylor, Percy M.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, No. 02-1290; to the Court of Appeal, Fifth Circuit, No. 13-KH-04.

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


text:
    STATE ex rel. Lawrance BRUCE v. STATE of Louisiana.
    No. 2013-KH-0413.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Bruce, Lawrance; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 09-415; to the Court of Appeal, Fifth Circuit, No. 12-KH-825.

Denied.


text:
    STATE ex rel. Robert WILLIAMS v. STATE of Louisiana.
    No. 2013-KH-0414.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Williams, Robert; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 476-208; to the Court of Appeal, Fourth Circuit, No. 2012-KA-0050.

Denied.


text:
    STATE ex rel. Cody COLEMAN v. STATE of Louisiana.
    No. 2013-KH-0421.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Coleman, Cody; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. D, No. 452727; to the Court of Appeal, First Circuit, No. 2012 KW 2081.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Patrick WADE v. STATE of Louisiana.
    No. 2013-KH-0422.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Wade, Patrick; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 09-3473; to the Court of Appeal, Fifth Circuit, No. 12-KH-931.

Denied.


text:
    STATE ex rel. James E. MASON, Jr. v. STATE of Louisiana.
    No. 2013-KH-0423.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Mason Jr., James E.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 3, No. 265,550; to the Court of Appeal, Second Circuit, No. 47,-642-KA.

Denied.


text:
    STATE ex rel. Deshunski Dewayne BURKS v. STATE of Louisiana.
    No. 2013-KH-0424.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Burks, Deshunski Dewayne;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 5, No. 290,107; to the Court of Appeal, Second Circuit, No. 47,587-KA.

Denied.

JOHNSON, C.J., would grant.


text:
    STATE ex rel. Michael FRANCOIS v. STATE of Louisiana.
    No. 2013-KH-0434.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Francois, Michael; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. E, Nos. 2012-188485, 2012-119978; to the Court of Appeal, First Circuit, No. 2012 KW 2083.

Denied.


text:
    STATE ex rel. Narleski WILLIAMS v. STATE of Louisiana.
    No. 2013-KH-0435.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Williams, Narleski; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 03-F-22934; to the Court of Appeal, Second Circuit, Nos. 47,-620-KH, 47,961-KH.

Denied.


text:
    STATE ex rel. Jessie BELL, Jr. v. STATE of Louisiana.
    No. 2013-KH-0448.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Bell Jr., Jessie; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. C, Nos. 433703, 477549; to the Court of Appeal, First Circuit, No. 2012 KW 2067.

Denied.

JOHNSON, C.J., would grant.

WEIMER, J., recused.


text:
    STATE ex rel. Andrew D. WETZEL v. STATE of Louisiana.
    No. 2013-KH-0449.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Wetzel, Andrew D.; — Plaintiff; Applying For Supervisory and/or Remedíal Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 450459; to the Court of Appeal, First Circuit, No. 2012 KW 2063.

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


text:
    STATE ex rel. John S. WELLS v. STATE of Louisiana.
    No. 2013-KH-0450.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Wells, John S.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. A, No. 422267; to the Court of Appeal, First Circuit, No. 2012 KW 1826.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Brett A. MORVANT v. STATE of Louisiana.
    No. 2013-KH-0451.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Morvant, Brett A.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. C, No. 48016; to the Court of Appeal, Third Circuit, No. KH 12-00130.

Denied.


text:
    STATE ex rel. Dameon MURRAY v. STATE of Louisiana.
    No. 2013-KH-0456.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Murray, Dameon; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Richland, 5th Judicial District Court Div C, No. F-2010-40; to the Court of Appeal, Second Circuit, No. 48,-145-KH.

Denied.


text:
    STATE ex rel. Shermond ESTEEN v. STATE of Louisiana.
    No. 2013-KH-0457.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Esteen, Shermond; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 347-615; to the Court of Appeal, Fourth Circuit, No. 2012-K-1764.

Denied.


text:
    STATE ex rel. Henry PHILLIPS v. STATE of Louisiana.
    No. 2013-KH-0458.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Phillips, Henry; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 486-174; to the Court of Appeal, Fourth Circuit, No. 2013-K-0072.

Denied.


text:
    STATE ex rel. Andrea HALL v. STATE of Louisiana.
    No. 2013-KH-0459.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Hall, Andrea; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 12434; to the Court of Appeal, First Circuit, No. 2012 CW1650.

Denied.


text:
    STATE ex rel. Charlise N. HAWKINS v. STATE of Louisiana.
    No. 2013-KH-0460.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Hawkins, Charlise N.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. D, No. 09-F-0004; to the Court of Appeal, Second Circuit, No. 48,146-KH.

Denied.


text:
    STATE ex rel. William J. ROPER, III v. STATE of Louisiana.
    No. 2013-KH-0475.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Roper III, William J.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 02-07-0591; to the Court of Appeal, First Circuit, No. 2012 KW 2068.

Denied.


text:
    STATE ex rel. Anthony WHITE v. STATE of Louisiana.
    No. 2013-KH-0476.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re White, Anthony; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E, Baton Rouge, 19th Judicial District Court Div. H, No. 07-06-257; to the Court of Appeal, First Circuit, No. 2012-KW-2075.

Denied.


text:
    STATE ex rel. Glynn MATTHEWS v. STATE of Louisiana.
    No. 2013-KH-0477.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Matthews, Glynn; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 09-01-0354; to the Court of Appeal, First Circuit, No. 2012 KW 0623.

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


text:
    STATE ex rel. Daryl A. SMITH a/k/a Daryl Vinet v. STATE of Louisiana.
    No. 2013-KH-0494.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Daryl A. Smith a/k/a Daryl Vi-net; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 10-5163; to the Court of Appeal, Fifth Circuit, No. 12-KA-247.

Denied.


text:
    STATE ex rel. Jeremy COLBERT v. STATE of Louisiana.
    No. 2013-KH-0495.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Colbert, Jeremy; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 444-088; to the Court of Appeal, Fourth Circuit, No. 2012-K-1718.

Denied.

HUGHES, J., would grant.


text:
    STATE ex rel. Darrol Bruce BROWN v. STATE of Louisiana.
    No. 2013-KH-0496.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Brown, Darrol Bruce; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. E, No. 261509; to the Court of Appeal, Third Circuit, No. KH 12-01432.

Denied.


text:
    STATE ex rel. Daimon WILLIAMS v. STATE OF LOUISIANA.
    No. 2013-KH-0497.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Williams, Daimon; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 01-2427; to the Court of Appeal, Fifth Circuit, No. 13-KH-73.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Donald RUNNELS v. STATE of Louisiana.
    No. 2013-KH-0498.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Runnels, Donald; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Allen, 33rd Judicial District Court Div. A, No. CR-2010-5578; to the Court of Appeal, Third Circuit, No. 12-167.

Denied.


text:
    STATE ex rel. Willie COUSIN v. STATE of Louisiana.
    No. 2013-KH-0508.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Cousin, Willie; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. C, No. 504,642; to the Court of Appeal, First Circuit, No. 2013 KW 0066.

Denied.


text:
    STATE ex rel. Kevin W. KAIGLER v. STATE of Louisiana.
    No. 2013-KH-0509.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Kaigler, Kevin W.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 439243-1; to the Court of Appeal, First Circuit, No. 2012 KW 1574.

Denied.


text:
    STATE ex rel. Dale MILLER v. STATE of Louisiana.
    No. 2013-OK-0512.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Miller, Dale; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 2001 CR 92141.

Denied.


text:
    STATE ex rel. Christopher GUERIN v. STATE of Louisiana.
    No. 2013-KH-0518.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Guerin, Christopher; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. C, No. 504,642; to the Court of Appeal, First Circuit, No. 2013 KW 0104.

Denied.


text:
    STATE ex rel. Carroll Wayne HAYNES v. STATE of Louisiana.
    No. 2013-KH-0519.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Haynes, Carroll Wayne; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. C, No. 50^44628; to the Court of Appeal, Third Circuit, No. CW 12-01157.

Denied.

HUGHES, J., would grant.


text:
    STATE ex rel. Heather SHARP v. STATE of Louisiana.
    No. 2013-KH-0532.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Sharp, Heather; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 510344; to the Court of Appeal, First Circuit, No. 2012 KW 1872.

Denied.


text:
    STATE ex rel. Trent WELLS v. STATE of Louisiana.
    No. 2013-KH-0534.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Wells, Trent; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Divs. G, A, Nos. 304-528, 297-563; to the Court of Appeal, Fourth Circuit, No. 2013-K-0166.

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

HUGHES, J., would grant.


text:
    STATE ex rel. Melvin MASON v. STATE of Louisiana.
    No. 2013-KH-0535.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Mason, Melvin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. A, No. 28-011; to the Court of Appeal, Fourth Circuit, No. 2013-K-0009.

Denied.


text:
    STATE ex rel. David THOMPSON v. STATE of Louisiana.
    No. 2013-KH-0544.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Thompson, David; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 184,451; to the Court of Appeal, Second Circuit, No. 48,-183-KH.

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


text:
    Edward SIMMONS v. James M. LeBLANC, Secretary, Burl Cain, Warden, Lt. Honeycutt.
    No. 2013-CI-0547.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Simmons, Edward; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 601,733; to the Court of Appeal, First Circuit, No. 2012 CA 1147.

Denied.


text:
    STATE ex rel. Christopher M. SPIEHLER v. STATE of Louisiana.
    No. 2013-KH-0548.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Spiehler, Christopher; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 491,497; to the Court of Appeal, First Circuit, No. 2012 KA 0129.

Denied.

HUGHES, J., recused.


text:
    STATE ex rel. Earnestine BRIGGS v. STATE of Louisiana.
    No. 2013-KH-0550.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Briggs, Earnestine; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. I, No. 07-F-0952; to the Court of Appeal, Second Circuit, No. 48,143-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Sandy SMITH, Jr. v. STATE of Louisiana.
    No. 2013-KH-0551.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Smith Jr., Sandy; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 5, No. 304,094; to the Court of Appeal, Second Circuit, No. 48050-KH.

Denied.


text:
    STATE ex rel. Kyle HEBERT v. STATE of Louisiana.
    No. 2013-KH-0552.
    Supreme Court of Louisiana.
    July 31, 2013.
   In re Hebert, Kyle; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 228-930; to the Court of Appeal, Fourth Circuit, No. 2013-K-0099.

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


text:
    Faustino DUARTE-ORTEGA v. DISASTER RECOVERY SERVICES, LLC d/b/a/ D R Services and Dallas National Insurance Carrier.
    No. 12-C-883.
    Court of Appeal of Louisiana, Fifth Circuit.
    Dec. 27, 2012.
    Denis P. Juge, Elizabeth Lynn Finch, Attorneys at Law, Metaire, LA, for Relator.
    C. Ray Murry, Attorney at Law, Slidell, LA, for Respondent,
   h WRIT DENIED

Disaster Recovery Services, LLC d/b/a D R Services (relator-employer) and Dallas National Insurance Carrier (relator-insurer), seek this Court’s supervisory review of the trial court’s ruling granting plaintiffs Motion to Compel Retainer of Licensed Claims Adjuster in accordance with LSA-R.S. 23:1161.1. Upon review of the writ application, the opposition thereto, and the reply to the opposition, on the showing made, we find no error in the trial court’s ruling. We find that reading this statute in its entirety in pan materia with other statutes found in Title 22 (the Insurance Code), such as LSA-R.S. 22:337, provides a proper basis for the trial court’s conclusion that LSA-R.S. 23:1161.1 requires the relator-insurer to either establish and maintain a claims office within the state of Louisiana or retain a Louisiana licensed claims adjuster. Accordingly, we find no abuse of discretion in the trial court’s ruling.

We also find that the trial court had jurisdiction to consider plaintiffs motion. Plaintiffs motion sought enforcement of LSA-R.S. 23:1161.1, and therefore was a claim or dispute for application of the Workers’ Compensation Act and the special remedies therein. Wilson v. Louisiana Safety Ass’n of Timberman, 29,263 (La.App. 2 Cir. 2/28/97), 690 So.2d 974, 979. Plaintiffs motion did not seek a ruling imposing the statutory penalties on the relator-insurer found in the Insurance Code (such as those found in LSA-R.S. 22:337, involving the refusal, suspension, or revocation of the relator-insurer’s certificate of authority) for its non-compliance with LSA-R.S. 23:1161.1.

Further, the issue of the constitutionality of LSA-R.S. 23:1161.1 was not raised in the trial court, and therefore is not properly before this Court at this time.

For the foregoing reasons, this writ application is denied.

/s/ Jude G. Gravois JUDGE JUDE G. GRAVOIS

/s/ Marc E. Johnson JUDGE MARC E. JOHNSON

/s/ Robert A. Chaisson JUDGE ROBERT A. CHAISSON


author: ROBERTA. CHAISSON, Judge.

text:
    Lori A. ADAMS v. WALKER IMPORTS, INC.
    No. 12-CA-642.
    Court of Appeal of Louisiana, Fifth Circuit.
    May 16, 2013.

      Lori Adams, I.P.P., New Orleans, LA, for Plaintiff/Appellant.
    Morgan J. Wells, Jr., Evan J. Godofsky, Attorneys at Law, Metairie, LA, for Defendant/Appellee.
    Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and ROBERT A. CHAISSON.
   ROBERTA. CHAISSON, Judge.

li>This is an appeal by Lori A. Adams from a judgment sustaining an exception of res judicata and dismissing with prejudice her suit against Walker Imports, Inc. (Walker) in this dispute over the purchase of an automobile. For the following reasons, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

On September 15, 2006, Ms. Adams bought a car from Walker. Eleven months later, on August 14, 2007, she employed counsel and filed suit against Walker in Jefferson Parish alleging basically 1) that the odometer showed 11 miles, when in fact the car had been driven 3175 miles, 2) that the car had been damaged before the purchase, and 3) that these facts had been hidden from her at the time of the purchase. For reasons not of record, a summary judgment was entered on August 28, 2008, in Walker’s favor, dismissing the matter “without prejudice.” No appeal was taken from that judgment by either party, and no subsequent pleadings were ever filed in that case.

lsOn November 29, 2010, Ms. Adams filed pro se an almost identical suit in Civil District Court for the Parish of Orleans. Walker urged an exception of res judicata, and that exception was sustained by judgment of March 15, 2011. That judgment dismissed the suit “with prejudice.” No appeal was taken from that judgment.

On September 7, 2011, Ms. Adams again filed the same suit pro se in Jefferson Parish. Again, Walker urged an exception of res judicata, this time relying on the Orleans Parish judgment of March 15, 2011. This exception was sustained and the suit was dismissed “with prejudice.” Walker also urged an exception of prescription in the district court, but this exception was deemed moot when the case was dismissed. This appeal followed.

LAW AND DISCUSSION

Ms. Adams contends that the exception of res judicata should not have been sustained because the judgment granting a summary judgment in favor of Walker in the first Jefferson Parish suit was “without prejudice.” She relies on La. R.S. 13:4232(A)(2) for the proposition that when a judgment is rendered “without prejudice,” res judicata does not bar a subsequent action. However, Walker relies not only on the judgment in the first Jefferson Parish suit, but also on the judgment in the Orleans Parish suit, which sustained Walker’s exception of res judica-ta and dismissed the suit “with prejudice.” While Ms. Adams may have had an argument in the Orleans Parish suit that Walker’s exception of res judicata was unfounded because the Jefferson judgment was “without prejudice,” she did not take an appeal from the judgment in the Orleans Parish suit. That judgment is now final and cannot be ignored or set aside by this Court.

Ms. Adams’ second argument is that La. R.S. 13:4232(A)(1) provides that res judicata should not be applied in exceptional circumstances. Here, there are no 4such circumstances. In Centanni v. Ford Motor Co., 93-1133 (La.App. 3 Cir. 5/4/94), 636 So.2d 1153, rehearing denied, writ denied, 94-1949 (La.10/28/94), 644 So.2d 656, the Court held that a party’s failure to take an appeal from the first judgment was not an exceptional circumstance which would preclude application of res judicata. Similarly, this Court has held that lack of legal representation is also not an exceptional circumstance which would preclude application of the doctrine. Dronet v. Dronet, 96-982 (La.App. 5 Cir. 4/9/97), 694 So.2d 426, writ not considered, 97-1263 (La.9/5/97), 699 So.2d 82.

Here, Ms. Adams provides no explanation as to why the Orleans Parish judgment was not appealed, nor is any other circumstance present which might be deemed exceptional. On this showing, we hold that the exception of res judicata was properly sustained. We also hold that the exception of prescription was correctly dismissed as moot.

DECREE

For the foregoing reasons, the judgment sustaining the exception of res judicata, dismissing the exception of prescription as moot, and dismissing the suit with prejudice is hereby affirmed.

AFFIRMED

      . Ms. Adams' counsel withdrew from the case on September 18, 2008, for reasons not pertinent to this appeal. We also note that any dispute which Ms. Adams may have with her former attorney’s handling of her first suit cannot affect the rights of Walker in the present matter.