text:
    STATE of Louisiana v. Charles D. CURRY.
    No. 2014-K-0695.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Curry, Charles D.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 113,216; to the Court of Appeal, First Circuit, No. 2013 KW 2076.

Denied.


source: Caselaw Access Project

license: Public Domain

text:
    CITY OF DeRIDDER, Louisiana v. ADMINISTRATORS OF VACANT SUCC. OF Isaac J. CELESTINE, et al.
    No. 2014-C-1428.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Administrators of Vacant Succ. of Issac J. Celestine, et al.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Beauregard, 36th Judicial District Court Div. A, No. 2012-0986; to the Court of Appeal, Third Circuit, No. 13-1453.

Denied.


text:
    STATE of Louisiana v. Michael SINGREEN.
    No. 2014-KK-1476.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Singreen, Michael; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 484-466; to the Court of Appeal, Fourth Circuit, No. 2014-K-0349.

Denied.

VICTORY, WEIMER and HUGHES, JJ., would grant.


text:
    Roberto LLOPIS, D.D.S. v. The LOUISIANA STATE BOARD OF DENTISTRY; C. Barry Ogden, Executive Director, et al.
    No. 2014-C-1483.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Brian M. Begue, Counsel for the LA State Board of Dentistry; C. Barry Ogden, Executive Director, LA State Board of Dentistry; Louisiana State Board of Dentistry, et al.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 2011-11586; to the Court of Appeal, Fourth Circuit, No. 2018-CA-0659.

Denied.

JOHNSON, C.J., and KNOLL and CLARK, JJ., would grant.


text:
    ASCENSION PROPERTIES, INC. v. Timothy PUJOL/Pujol & Pryer.
    No. 2014-CC-1590.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Timothy Pujol/Pujol & Pryer;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Ascension, 28rd Judicial District Court Div. D, No. 104,166; to the Court of Appeal, First Circuit, No. 2014 CW 0545.

Denied.

HUGHES, J., would grant.


text:
    Neil and Georgie ARNAUD, et al. v. WOMEN’S AND CHILDREN’S HOSPITAL, INC., et al.
    No. 2014-CC-1594.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Arnaud, Georgie; Arnaud, Gracie; Arnaud, Neil; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. C, No. 2006-3314-C; to the Court of Appeal, Third Circuit, No. CW 14-00243.

Denied.

HUGHES, J., would grant.


text:
    Brent GRANIER, Shelia Perrault, Todd Granier, and Kenneth Granier, all Individually and OBO the Deceased, Shirley Granier v. NEXION HEALTH AT GONZALES, INC., d/b/a Gonzales Healthcare Center and Liberty Surplus Insurance Corporation.
    No. 2014-CC-1600.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Liberty Surplus Insurance Corporation; Nexion Health at Gonzales Inc., d/b/a Gonzales Healthcare Center; — Defendants); Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 610,856; to the Court of Appeal, First Circuit, No. 2014 CW 0645.

Denied.

VICTORY, WEIMER and CLARK, JJ„ would grant.


text:
    PALVEST, INC. v. Thomas P. LeBLANC.
    No. 2014-CC-1606.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re LeBlanc, Thomas P.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. H, No. 2013-4373-H; to the Court of Appeal, Third Circuit, No. CW 14-00392.

Denied.


text:
    Weston P. MILLER, III v. Cathy Broussard MILLER.
    No. 2014-C-1607.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Miller III, Weston P.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. A, No. 95131; to the Court of Appeal, Third Circuit, Nos. CA 13-1043 C/W CA 13-1446, CA 13-1446 C/W CA 13-10.

Denied.


text:
    STATE of Louisiana v. Melichi CORBIN.
    No. 2014-KK-1608.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Corbin, Melichi; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 03-11-0518; to the Court of Appeal, First Circuit, No. 2014 KW 0556.

Denied.


text:
    Rachel ZELLER v. LIBERTY MUTUAL INSURANCE COMPANY, AAA Rent-All, Inc., and Ronald Olah, Jr.
    No. 2014-CC-1623.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re AAA Rent-All Inc.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 604639; to the Court of Appeal, First Circuit, No. 2014 CW 0533.

Denied.


text:
    Paul THOMPSON and David Simmons v. WILLIAMS COMPANIES, INC., Williams Olefins, LLC, Williams Partners, LP, Williams Partners GP, LLC, Discovery Producer Services, LLC, Black Marlin Pipeline, LLC, Williams Ohio Valley Midstream, LLC, and Turner Industries Group, LLC.
    No. 2014-CC-1625.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Turner Industries Group, LLC;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. D, No. 72,701; to the Court of Appeal, First Circuit, No. 2014 CW 0541.

Denied.


text:
    STATE of Louisiana v. Carl MITCHELL.
    No. 2014-KK-1626.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Mitchell, Carl; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 13-315; to the Court of Appeal, Fifth Circuit, No. 14-K-374.

Denied.

HUGHES, J., would grant.


text:
    Marilyn Braud SHARP v. LOUISIANA STADIUM EXPO DISTRICT and FARA Insurance.
    No. 2014-C-1633.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Louisiana Stadium Expo District; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 2012-11293; to the Court of Appeal, Fourth Circuit, No. 2013-CA-1697.

Denied.


text:
    Michael R. HOLMES v. The NOTARY SHOPPE, ET AL INC.
    No. 2014-C-1637.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Holmes, Michael R.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, First Parish Court, No. 150-149; to the Court of Appeal, Fifth Circuit, No. 14-CA-22 C/W 14-CA-235.

Denied.


text:
    John COOPER, Individually and as Administrator of the Estate of his Minor Child, Anna Cathryn Cooper, and Julie Cooper v. Kamakshya P. PATRA, M.D., Robert Davis Jackson M.D., Horacio Ruben D’Agostino, M.D., and Louisiana State University Health Sciences Center Shreveport/LSU Medical Center-Shreveport.
    No. 2014-CC-1646.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Cooper, Anna Cathryn; Cooper, Julie; John Cooper, et al.; — Plaintiffs); Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 3, No. 569,248-C; to the Court of Appeal, Second Circuit, No. 49,419-CW.

Denied.


text:
    David BLANCHARD v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS.
    No. 2014-C-1649.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Louisiana Department of Health and Hospitals; — Defendant; Applying For Writ of Certiorari and/or Review Civil Service Commission, No. S-17059; to the Court of Appeal, First Circuit, No. 2013 CA 1483.

Denied.


text:
    Michael HUDSPETH v. ALLSTATE INSURANCE COMPANY and Cinalyn McConnell.
    No. 2014-C-1651.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Hudspeth, Michael; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 2006-13513; to the Court of Appeal, First Circuit, No. 2013 CA 1288.

Denied.


text:
    Darleen MIPRO v. LYCEE FRANCAIS DE LA NOUVELLE-ORLEANS, INC.
    No. 2014-C-1652.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Lycee Francais de la Nouvelle-Orleans Inc.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. A, No. 2013-3745; to the Court -of Appeal, Fourth Circuit, No. 2013-CA-1604.

Denied.

VICTORY, J., would grant.


text:
    INDUSTRIAL PIPE, INC. v. PLAQUEMINES PARISH COUNCIL, et al.
    No. 2014-C-1653.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Plaquemines Parish Council, et al.; Louisiana Environmental Action Network; Mayfield, Gloria; Oakville Community Action Group; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 59-189; to the Court of Appeal, Fourth Circuit, No. 2013-CA-1345.

Denied.


text:
    Kenneth E. DUTRUCH v. SOUTHEASTERN LOUISIANA WATER AND SEWER CO., LLC and Jared Riecke.
    No. 2014-C-1654.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Dutruch, Kenneth E.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 2010-11212; to the Court of Appeal, First Circuit, No. 2013 CA 1327.

Denied.


text:
    STATE of Louisiana v. Jack Winston HOLMES.
    No. 2014-KK-1660.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Holmes, Jack Winston; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. K, No. 11-F3334; to the Court of Appeal, Second Circuit, No. 49,480-KW.

Denied.

HUGHES, J., would grant.


text:
    Abel J. GRANGER, Jr. and Cora Granger v. UNITED HOME HEALTH CARE, Lynette Gordon, and Medtronic, Inc.
    No. 2014-C-1665.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Granger Jr., Abel L. et al.; Gran-ger, Cora; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. A, No. 69404; to the Court of Appeal, First Circuit, No. 2013 CA 0910.

Denied.

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


text:
    STATE of Louisiana v. Zevi S. BUSH.
    No. 2014-KK-1679.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Bush, Zevi S.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 517-256; to the Court of Appeal, Fourth Circuit, No. 2014-K-0508.

Denied.

HUGHES, J., would grant.


text:
    Gloria CHARBONNET, Wife of/and Bernard Charbonnet v. Tarun JOLLY, M.D., et al.
    No. 2014-CC-1682.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Broekman R.T., Marie; Jolly M.D., Tarun; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. G, No. 2012-612; to the Court of Appeal, Fourth Circuit, No. 2014-C-0500.

Denied.

VICTORY, J., would grant.


text:
    STATE of Louisiana v. Chad Roy LOUVIERE.
    No. 2014-KD-1974.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re Louviere, Chad Roy; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. B, No. 282-510.

Denied.


text:
    ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., L.L.C.
    No. 2014-C-2019.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re St. Bernard Port Harbor & Terminal District; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. E, No. 116-860; to the Court of Appeal, Fourth Circuit, No. 2014-CA-0286.

Denied.

HUGHES, J., would grant.


text:
    STATE of Louisiana v. Irvin DARENSBOURG.
    No. 2014-KK-2278.
    Supreme Court of Louisiana.
    Oct. 31, 2014.
   In re State of Louisiana; — Plaintiff; Applying Fpr Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 503-292; to the Court of Appeal, Fourth Circuit, No. 2014-KM-1198.

Stay denied. Writ denied.

CLARK, J., would grant.'


text:
    STATE of Louisiana v. Blair TAYLOR.
    No. 2014-KK-2191.
    Supreme Court of Louisiana.
    Nov. 3, 2014.
   In re Taylor, Blair; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. O, No. 546-745; to the Court of Appeal, Fourth Circuit, No. 2014-K-1152.

Denied.

HUGHES, J., would grant.


text:
    BAYOU FLEET, INC. v. BOLLINGER SHIPYARDS, INC. and Bollinger Gulf Repair, L.L.C.
    No. 2014-CC-2293.
    Supreme Court of Louisiana.
    Nov. 3, 2014.
   In re Bollinger Gulf Repair, Inc.; Bollinger Shipyards, Inc. et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs Parish of Orleans, Civil District Court Div. D, No. 2009-02736; to the Court of Appeal, Fourth Circuit, No. 201-1-C-1208.

Denied.

WEIMER, J., recused.


text:
    STATE of Louisiana v. David LEGER.
    No. 2014-KK-2200.
    Supreme Court of Louisiana.
    Nov. 5, 2014.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 03-11-0844; to the Court of Appeal, First Circuit, No. 2014 KW1518.

Denied.


text:
    The ORLEANS PARISH SCHOOL BOARD v. LEXINGTON INSURANCE COMPANY, et al.
    No. 2014-CC-2244.
    Supreme Court of Louisiana.
    Nov. 6, 2014.
   In re Teachers Class; — Other; Applying For Supervisory and or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 2000-7342; to the Court of Appeal, Fourth Circuit, No. 2014-C-0768.

Denied.

JOHNSON, C.J., would grant.


text:
    Winford ROAN v. EXXONMOBIL CORPORATION, et al.
    No. 2014-CC-2286.
    Supreme Court of Louisiana.
    Nov. 6, 2014.
   In re ExxonMobil Corporation; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 2014-2685; to the Court of Appeal, Fourth Circuit, No. 2014-C-1160.

Denied.


text:
    STATE of Louisiana v. Michael HEINE.
    No. 2014-OK-2294.
    Supreme Court of Louisiana.
    Nov. 6, 2014.
   In re Michael Heine; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 10-2269; to the Court of Appeal, Fifth Circuit, No. 14-KH-629.

Denied.

CLARK, J., deny as untimely.


text:
    Nellie PIERCE, et al. v. ATLANTIC RICHFIELD COMPANY, et al.
    No. 2014-C-1233.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Nellie Pierce, et al.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. D, No. 80702; to the Court of Appeal, Third Circuit, No. CA 13-llOB.

Granted.-


text:
    MGD PARTNERS, LLC v. 5-Z INVESTMENTS, INC.
    No. 2014-C-1426.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re 5-Z Investments, Inc.; Defendant; Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 2009-003832; to the Court of Appeal, First Circuit, No. 2012 CA 1521.

Granted.


text:
    John Walter BOUDREAUX v. Paul Christopher CUMMINGS.
    No. 2014-C-1499.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Cummings, Paul Christopher;— Defendant; Applying For Writ of Certio-rari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. G, No. 96600; to the Court of Appeal, Third Circuit, No. 13-1291.

Granted.


text:
    Bryon P. GUILLORY, et ux. v. PELICAN REAL ESTATE, INC., et al.
    No. 2014-C-1539.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Jones, Dr. Johnny Wayne; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. C, No. 08-C-8477-C; to the Court of Appeal, Third Circuit, No. 14-53.

Granted.


text:
    Byron P. GUILLORY, et ux. v. PELICAN REAL ESTATE, INC., et al.
    No. 2014-C-1593.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re St. Paul Fire and Marine Insurance Company; — Third Party; Applying For Writ of Certiorari and/or Review, Parish of St. Landry 27th Judicial District Court Div. C, No. 08-C-3477-C; to the Court of Appeal, Third Circuit, No. 14-58.

Granted.


text:
    Byron P. GUILLORY, et ux. v. PELICAN REAL ESTATE, INC., et al.
    No. 2014-C-1624.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Krupke, Linda; Landry, Maria Smith; McKnight, Brandi H.; Pelican Real Estate, Inc.; — Defendant^); Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. C, No. 08-C-3477-C; to the Court of Appeal, Third Circuit, No. 14-58.

Granted.


text:
    STATE ex rel. Marice S. NALLS v. STATE of Louisiana.
    No. 2013-KH-2806.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Nalls, Marice S.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Civ. B, No. 07-07-0697; to the Court of Appeal, First Circuit, No. 2013 KW 1360.

Writ granted in part; otherwise denied. Given that the time Limitations for instituting prosecution on the armed robbery count had prescribed, relator’s trial counsel rendered ineffective assistance when he failed to file a motion to quash on that basis. See La.C.Cr.P. art. 572(A)(1); R.S. 14:64(B); La.C.Cr.P. art. 532(7). Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); State v. Washington, 491 So.2d 1337 (La.1986). The application is therefore granted for the sole purpose of vacating relator’s armed robbery conviction and sentence. Relator’s conviction for aggravated rape and sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence remain undisturbed In all other respects, the application is denied.

KNOLL and CLARK, JJ., would deny.


text:
    STATE of Louisiana v. Jacob R. LAGMAN.
    No. 2013-KP-2946.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Lagman, Jacob R.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 491711; to the Court of Appeal, First Circuit, No. 2013 KW 1516.

Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel and conduct a hearing at which it will determine whether relator is entitled to an out-of-time appeal concerning his habitual offender adjudication and sentencing and on the issue of whether he breached the plea agreement. See State v. Counterman, 475 So.2d 336, 340 (La.1985) (out-of-time appeal may be appropriate in cases in which “the defense attorney was at fault in failing to file or perfect a timely appeal.”). In all other respects the application is denied.


text:
    Dennis DRURY v. Clara WRIGHT.
    No. 2014-OC-2242.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Wright, Clara; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 2013-13671; to the Court of Appeal, First Circuit, No. 2014 CM 1184.

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


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-007.
    No. 2014-OB-1279.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Nicosia, David; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-007.

Leave to appeal denied.


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-052.
    No. 2014-OB-1939.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Knox, Ramona Faye; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-052.

Leave to appeal denied.


text:
    STATE ex rel. Jauvé COLLINS v. STATE of Louisiana.
    No. 2012-KH-2561.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Collins, Jauvé; — Plaintiff; Applying for Reconsideration of this court’s action dated September 26.2014, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 12-WCR-398: to the Court of Appeal, First Circuit, No. 2012 CW 1497.

Reconsideration denied.


text:
    STATE of Louisiana v. Shounda M. EDWARDS.
    No. 2014-K-0383.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Edwards, Shounda W.; — Defendant; Applying For Reconsideration of this court’s action dated September 26, 2014, Parish of Orleans, Criminal District Court Div. G, No. 495-517; to the Court of Appeal, Fourth Circuit, No. 2013-KA-0665.

Reconsideration denied.


text:
    STATE ex rel. Johnell DEMPSEY v. STATE of Louisiana.
    No. 2013-KH-1445.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Dempsey, Johnell; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 428-378; to the Court of Appeal, Fourth Circuit, No. 2013-K-0596.

Denied.


text:
    STATE of Louisiana v. Corey NELSON.
    No. 2013-KP-2659.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Nelson, Corey; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 489954; to the Court of Appeal, First Circuit, No. 2013 KW 1261.

Denied.

JOHNSON, C.J.,and WEIMER and HUGHES, JJ., would grant.


text:
    STATE ex rel. Claude Ronald GRAVES, Jr., v. STATE of Louisiana.
    No. 2013-KH-2721.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Graves, Jr., Claude Ronald;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. C, No. 30338, 30339, & 30340; to the Court of Appeal, First Circuit, No. 2013 KW 1022.

Denied.


text:
    STATE of Louisiana v. Rodrique A. BRADLEY.
    No. 2013-KP-2913.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Bradley, Rodrique A.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 2, No. 248,084; to the Court of Appeal, Second Circuit, No. 48,937-KW.

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 of Louisiana v. Devyn Michael ROME.
    No. 2013-KP-2956.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Rome, Devyn Michael; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 489952; to the Court of Appeal, First Circuit, No. 2013 KW 1701.

Denied.


text:
    STATE of Louisiana v. Allen BELL.
    No. 2014-KP-0014.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Bell, Allen; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. C, No. 04-CR8-90706; to the Court of Appeal, First Circuit, No. 2018 KW 1870.

Denied.


text:
    STATE ex rel. Carl J. DAVIS, Jr. v. STATE of Louisiana.
    No. 2014-KH-0304.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Davis Jr., Carl J.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. B, No. 10-CR5-107597; to the Court of Appeal, First Circuit, No. 2012 KA 2044.

Denied.


text:
    Eddy OLIVER, Oscarlene Nixon, and Mildred Goodwin v. ORLEANS PARISH SCHOOL BOARD.
    No. 2014-C-0355.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Goodwin, Mildred; Nixon, Oscar-lene; Oliver, Eddy et al.; — Plaintifffs); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 2005-12244; to the Court of Appeal, Fourth Circuit, No. 2012-CA-1520.

Denied.

JOHNSON, C.J., would grant.


text:
    STATE ex rel. Austin LOWERY v. STATE of Louisiana.
    No. 2014-KH-0398.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Lowery, Austin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 07-5353; to the Court of Appeal, Fifth Circuit, No. 13-KH-987.

Denied.


text:
    STATE ex rel. Derrick L. HARRIS v. STATE of Louisiana.
    No. 2014-KH-0476.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Harris, Derrick L.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. G, No. 51265; to the Court of Appeal, Third Circuit, No. 13-133.

Denied.

HUGHES, J., would grant.


text:
    STATE ex rel. Elmo WINTERS v. STATE of Louisiana.
    No. 2014-KH-0478.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Winters, Elmo; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. C, No. 09-FELN-024289; to the Court of Appeal, First Circuit, No. 2013 KW 0981.

Denied.


text:
    STATE ex rel. Terry SMITH v. STATE of Louisiana.
    No. 2014-KH-0479.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Smith, Terry; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. C, No. 2012-CR-303; to the Court of Appeal, Fifth Circuit, No. 13-K-721.

Denied.


text:
    STATE ex rel. Rickey D. ARVIE v. STATE of Louisiana.
    No. 2014-KH-0480.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Arvie, Rickey D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court. Div. B, No. 11349-08; to the Court of Appeal, Third Circuit, No. KH 13-01136.

Denied.


text:
    STATE ex rel. Trent LYONS v. STATE of Louisiana.
    No. 2014-KH-0481.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Lyons, Trent; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 12-859; to the Court of Appeal, Fifth Circuit, No. 13-KA-564.

Denied.


text:
    STATE ex rel. Kendrick WILLIAMS v. STATE of Louisiana.
    No. 2014-KH-0482.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Williams, Kendrick; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Natchitoches, 10th Judicial District Court Div. A, No. 14104; to the Court of Appeal, Third Circuit, No. KH 13-01287.

Denied.


text:
    STATE ex rel. Christopher BAZILE v. STATE of Louisiana.
    No. 2014-KH-0487.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Bazile, Christopher; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. B, No. 79846; to the Court of Appeal, Second Circuit, No. 49,-117-KH.

Denied.


text:
    STATE ex rel. Michael Lee JOHNSON v. STATE of Louisiana.
    No. 2014-KH-0488.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Johnson, Michael Lee; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. K, No. 49846; to the Court of Appeal, Third Circuit, No. KH 13-01031.

Denied.


text:
    STATE ex rel. Bruce ROBERTSON v. STATE of Louisiana.
    No. 2014-KH-0489.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Robertson, Bruce; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 04-06-0211; to the Court of Appeal, First Circuit, No. 2013 KW 1712.

Denied.


text:
    STATE ex rel. Richard BELL v. STATE of Louisiana.
    No. 2014-KH-0490.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Bell, Richard; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. C, No. 187,606; to the Court of Appeal, Second Circuit, No. 49,177-KH.

Denied.


text:
    STATE ex rel. Freddie James WHEELER v. STATE of Louisiana.
    No. 2014-KH-0492.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Wheeler, Freddie James; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 07-CR-117886; to the Court of Appeal, Third Circuit, No. KH 13-01165.

Denied.


text:
    STATE ex rel. Jody L. SWAFFORD v. STATE of Louisiana.
    No. 2014-KH-0493.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Swafford, Jody L.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 432816; to the Court of Appeal, First Circuit, No. 2013 KW 1539.

Denied.


text:
    STATE ex rel. Walter DIGGS v. STATE of Louisiana.
    No. 2014-KH-0550.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Diggs, Walter; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. E, Nos. 92-133792, 99-152241,12-188598; to the Court of Appeal, First Circuit, No. 2013 KW 1647.

Denied.


text:
    STATE ex rel. Steven L. ENTERKIN v. STATE of Louisiana.
    No. 2014-KH-0551.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Enterkin, Steven L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Franklin, 5th Judicial District Court Div. C, No. 2009-161F; to the Court of Appeal, Second Circuit, No. 49107-KH.

Denied.


text:
    STATE ex rel. Vincent Mark CASTILLO v. STATE of Louisiana.
    No. 2014-KH-0587.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Castillo, Vincent Mark; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 12/270; to the Court of Appeal, Fifth Circuit, No. 13-KA-0552.

Denied.


text:
    STATE of Louisiana v. Corey QUINN.
    No. 2014-K-0618.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Quinn, Corey; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. C, No. 507-507; to the Court of Appeal, Fourth Circuit, No. 2013-KA-0726.

Denied.


text:
    STATE of Louisiana v. Dwain WILLIAMS.
    No. 2014-KO-0688.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Williams, Dwain; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 05-09-0400; to the Court of Appeal, First Circuit, No. 2013 KA1111.

Denied.


text:
    STATE of Louisiana v. Ronald PETE.
    No. 2014-KO-0705.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Pete, Ronald; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. B, No. 93278-FB; to the Court of Appeal, Third Circuit, No. 13-1107.

Denied.


text:
    STATE of Louisiana, v. Anthony HOOKFIN.
    No. 2014-K-0732.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hookfin, Anthony; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. D, No. 334-954; to the Court of Appeal, Fourth Circuit, No. 2013-KA-0300.

Denied.


text:
    STATE of Louisiana v. William STATON, Jr.
    No. 2014-K-0778.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Staton Jr., William; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 12 WFLN 063; to the Court of Appeal, First Circuit, No. 2013 KA1308.

Denied.


text:
    STATE of Louisiana v. Tyrone HALL.
    No. 2014-K-0802.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hall, Tyrone; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. K, No. 512-478; to the Court of Appeal, Fourth Circuit, No. 2013-KA-1194.

Denied.


text:
    STATE ex rel. Peter Eugene HALEY v. STATE of Louisiana.
    No. 2014-KH-1132.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Haley, Peter Eugene; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 2, No. 299,710; to the Court of Appeal, Second Circuit, No. 49,-271-KH.

Denied.


text:
    STATE ex rel. Tyrone HALL v. STATE of Louisiana.
    No. 2014-KH-1417.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hall, Tyrone; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 512-478; to the Court of Appeal, Fourth Circuit, No. 2013-KA-1194.

Denied.


text:
    N. Edward HAKIM v. Daisy O’DONNELL.
    No. 2014-C-1501.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hakim, M. Edward; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. K, No. 12-1348 C/W 12-1350; to the Court of Appeal, Second Circuit, No. 49,139-CA' C/W 49,140-CA.

Denied.

CLARK and HUGHES, JJ., would grant.


text:
    Charles M. ANDERSON v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1 d/b/a West Jefferson Medical Center Charles W. Thomas, M.D., and Louisiana Medical Mutual Insurance Company.
    No. 2014-CC-1532.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Louisiana Medical Mutual Insurance Company; Thomas M.D., Charles W.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 728-217; to the Court of Appeal, Fifth Circuit, No. 14-C-346.

Denied.


text:
    Preston William FORD, Elissa Amaral Ford, and Gene Bartlett Haskins v. Mary Elizabeth Gunning LESTER, Clyde Charlie Lester, Jr. and Chesapeake Louisiana, L.P.
    No. 2014-C-1567.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Braniff, Andrea Lynn Ford; Ford, Elissa Amaral; Ford, Preston William et al.; Haskins, Gene Bartlett; — Plaintiffs); Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 542,962; to the Court of Appeal, Second Circuit, No. 48,-932-CA.

Denied.

VICTORY, J., recused.


text:
    STATE of Louisiana v. Nicholas RUSSELL.
    No. 2014-KK-1568.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 509-628; to the Court of Appeal, Fourth Circuit, No. 2013-K-1640.

Denied.

CLARK, J., would grant for reasons by Judge LOBRANO.


text:
    SHIH CHANG HU v. EVERGREEN OF THE SOUTH, INC. d/b/a Taste of China Restaurant & Yi Hua & Fang Hua.
    No. 2014-C-1645.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hua, Fang; Talley, Robert; — Defendants); Applying For Writ of Certiora-ri and/or Review,. Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 562,149; to the Court of Appeal, First Circuit, No. 2013 CA 1773.

Denied.

JOHNSON, C.J., and HUGHES, J., ■ would grant.


text:
    Tammy Renea Martin HARRUFF, et al. v. Richard B. KING, et al.
    No. 2014-C-1685.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Bilodeau, Amy Lynn; Cason, Edgar; Harruff, Tammy Renea Martin;— Plaintiff(s); Applying For Writ of Certio-rari and/or Review, Parish of Natchitoch-es, 10th Judicial District Court Div. E, No. C-82954; to the Court of Appeal, Third Circuit, No. 13-940.

Denied.

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


text:
    PINE PRAIRIE ENERGY CENTER, LLC and Plains Marketing, LP, v. Eddie SOILEAU, Sheriff and ex Officio Tax Collector, Parish of Evangeline, State of Louisiana and Dirk Deville, Assessor, Evangeline Parish, State of Louisiana.
    No. 2014-C-1697.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Dirk Deville Assessor for Evangeline Parish; Eddie Soileau Sheriff and Ex-Officio Tax Collector Parish of Evangeline et ah; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. B, No. 73,894; to the Court of Appeal, Third Circuit, No. 14-5 C/W CW13-1300 AND 14-142.

Denied.


text:
    Casey KRUEGER v. LA QUINTA INN & SUITES, BATON ROUGE, LQ Management, L.L.C. and Ronald Byland.
    No. 2014-C-1706.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Byland, Ronald; La Quinta Inn & Suites Baton Rouge; LQ Management L.L.C.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 604473; to the Court of Appeal, First Circuit, No. 2013 CA 1820.

Denied.

VICTORY, J., would grant.


text:
    Paul A. KADAIR, Sr. and Melanie R. Kadair v. Thomas HAMPTON, Janelle Bramlett Hampton and Magnolia Ridge Properties LLC and Raymond W. Banker, Jr.
    No. 2014-C-1709.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Banker Jr., Raymond W.; Magnolia Ridge Properties LLC; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 21149; to the Court of Appeal, First Circuit, No. 2013 CA 1171.

Denied.


text:
    MAGNOLIA RIDGE PROPERTIES, LLC v. Paul A. KADAIR, Sr. and Melanie R. Kadair.
    No. 2014-C-1710.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Magnolia Ridge Properties, LLC; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 21,883; to the Court of Appeal, First Circuit, No. 2013 CA 2131.

Denied.


text:
    Helen McKAMEY v. NEW ORLEANS PUBLIC FACILITY MANAGEMENT, INC., et al.
    No. 2014-C-1711.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re McKamey, Helen; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. H, No. 2008-03295; to the Court of Appeal, Fourth Circuit, No. 2013-CA-1437.

Denied.


text:
    Jean Suzanne Lambert GUIDRY v. Paul Gerald GUIDRY.
    No. 2014-CC-1718.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Guidry, Paul Gerald; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. B, No. 57-446; to the Court of Appeal, Fourth Circuit, Nos. 2014-C-0473, 2014-C-0559.

Denied.

HUGHES, J., would grant.


text:
    WOODLANDS DEVELOPMENT L.L.C., Anthony Reginelli, Jr., Shauna Landry Reginelli, Peter R. Steur, and Lee R. Steur v. REGIONS BANK, Soundra J. Temple and Johnson Property Group, L.L.C.
    No. 2014-C-1732.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Reginelli Jr., Anthony; Reginelli, Shauna Landry; Steir, Peter R.; Steur, Lee R.; Woodlands Development, L.L.C., et ah; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 668-408; to the Court of Appeal, Fifth Circuit, No. 12-CA-754.

Denied.


text:
    Alireza SALAFIAN, v. Carl GABRIEL, et al.
    No. 2014-C-1733.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Salafian, Alireza; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. D, No. 118-934; to the Court of Appeal, Fourth Circuit, No. 2013-CA-1399.

Denied.


text:
    Byron RAGLAND v. EMERGENCY MEDICAL SERVICES, INC., Sid Gautreaux, in his Capacity as the East Baton Rouge Parish Sheriff, and the Parish of East Baton Rouge, and the City of Baton Rouge.
    No. 2014-C-1736.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Sid Gautreaux, In His Capacity As The East Baton Rouge Sheriff; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 617,325; to the Court of Appeal, First Circuit, No. 2013 CA1639.

Denied.

VICTORY and CLARK, JJ„ would grant.


text:
    Vernon D. ADAMS v. Monica FLUTZ, Mark Yawn, Circle K Stores, Inc., Comprehensive General Contractors, Inc., and the Hanover Insurance Group.
    No. 2014-CC-1742.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Adams, Glenda; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 537,865-B; to the Court of Appeal, Second Circuit, No. 49528-CW.

Denied.


text:
    Ronald Wayne SHIVELY v. Delloyd BRUNSON, Jr., Dewayne Higgs, Kerry Paige, William Larry Peevy, Leonard Iles, Norman Vicknair, Donald Ray Boyett, Billy Boyer, Alvin Vines and Rex Higgs.
    No. 2014-C-1743.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Shively, Ronald Wayne; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Winn, 8th Judicial District Court Div. O, No. 43,822; to the Court of Appeal, Second Circuit, No. 49,-157-CA.

Denied.

VICTORY and HUGHES, JJ. would grant.


text:
    STATE of Louisiana v. Kevin BOYD.
    No. 2014-KK-1746.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 513-029; to the Court of Appeal, Fourth Circuit, No. 2014-K-0677.

Denied.


text:
    Evelyn J. MENARD v. COX COMMUNICATIONS LOUISIANA, INC. a/k/a Coxcom, Inc., State of Louisiana-Department of Transportation and Development, Entergy Corporation, Parish of East Baton Rouge, and State Farm Mutual Automobile Insurance Company.
    No. 2014-CC-1757.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re State of Louisiana-Department of Transportation and Development; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 528,413; to the Court of Appeal, First Circuit, No. 2014 CW 0515.

Denied.

VICTORY, J., would grant.


text:
    Silas DEAN, Jr. and Priscilla D. Dean v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.
    No. 2014-CC-1759.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Dean Jr., Silas et al.; Dean, Priscilla D.; — Plaintiffs); Applying For Supervisory and/or Remedial Writs, Parish of Morehouse, 4th Judicial District Court Div. D, No. 2013-325; to the Court of Appeal, Second Circuit, No. 49503-CW.

Denied.

HUGHES, J., would grant.


text:
    STATE of Louisiana, v. Terrance JONES.
    No. 2014-KK-1777.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Jones, Terrance; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. D, No. 141881; to the Court of Appeal, Third Circuit, No. KW 14-00503.

Denied.

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


text:
    Carrie SCONZA, individually and on behalf of the Minor Children Samantha and Breanna Sconza v. WEST JEFFERSON MEDICAL CENTER.
    No. 2014-CC-1783.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Carrie Sconza, et al.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 658-565; to the Court of Appeal, Fifth Circuit, No. 14-C-462.

Denied.


text:
    Carmiel WILLIAMS v. JEFFERSON PARISH CREDIT UNION and Ted Roose.
    No. 2014-C-1784.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Williams, Carmiel; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 706-138; to the Court of Appeal, Fifth Circuit, No. 13-CA-1005.

Denied.


text:
    STATE of Louisiana v. Ladon Geray SMITH.
    No. 2014-KK-1787.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Smith, Ladon Geray; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 12-12-0658; to the Court of Appeal, First Circuit, No. 2014 KW 1096.

Denied.


text:
    George and Peggy FORTINBERRY v. HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH d/b/a North Oaks Health System.
    No. 2014-CC-1788.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Health System; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 2013-003126; to the Court of Appeal, First Circuit, No. 2014 CW 0635.

Denied.

VICTORY and CLARK, JJ., would grant.


text:
    F.H. MYERS CONSTRUCTION CORPORATION v. The STATE of Louisiana, DIVISION OF ADMINISTRATION OFFICE OF FACILITY PLANNING AND CONTROL.
    No. 2014-C-1793.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re State of Louisiana Division of Administration Office of Facility Planning and Control; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 604,404; to the Court of Appeal, First Circuit, No. 2013 CA 2153.

Denied.


text:
    Veronica VAUGHN v. AAA INSURANCE COMPANY, et al.
    No. 2014-C-1794.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Safeway Insurance Company of Louisiana; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Natchitoches, 10th Judicial District Court Div. B, No. C-85224 B; to the Court of Appeal, Third Circuit, No. 14-106.

Denied.


text:
    STATE of Louisiana in the interest of J.M.
    No. 2014-CK-2022.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re J.M.; — Other; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Orleans Parish Juvenile Court, No. 2012-209-01-DQ-C; to the Court of Appeal, Fourth Circuit, No. 2014-CA-0054.

Denied.


text:
    In the Interest of C.L., D.H. and M.H.
    No. 2014-CJ-2164.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re R.H.; — Other; Applying For Writ of Certiorari and/or Review Parish of Ascension, 23rd Judicial District Court, No. 14,785; to the Court of Appeal, First Circuit, No. 2014 CJ 0348.

Denied.


text:
    Henley PATAWARAN, et al. v. CHILDREN’S HOSPITAL, et al.
    No. 2014-CC-1764.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Black M.D., Eileen; Degan M.D., Mark Isaac; Louisiana Health Care Center; Stanley M.D., Rodney J.; State of Louisiana, et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. D, No. 2002-11669 C/W 2005-11410; to the Court of Appeal, Fourth Circuit, No. 2014-C-C631.

Denied.

VICTORY, J., would grant.


text:
    VERMILION PARISH POLICE JURY v. John DOE, et al.
    No. 2014-CC-2125.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re Broussard, Clara; Romero, Tyler; — Defendant(s); Applying For Reconsideration of this court’s action taken October 24, 2014, Parish of Vermilion, 15th Judicial District Court Div. J, No. 92228; to the Court of Appeal, Third Circuit, No. CW 14-00704.

Reconsideration denied.


text:
    Winford ROAN v. EXXONMOBIL CORPORATION, et al.
    No. 2014-CC-2306.
    Supreme Court of Louisiana.
    Nov. 7, 2014.
   In re ExxonMobil Corporation; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, No. 2014-2685; to the Court of Appeal, Fourth Circuit, Nos. 2014-C-1168, 2014-C-1169.

Denied.


text:
    Dr. Edward FACUNDUS v. BATON ROUGE GENERAL MEDICAL CENTER.
    No. 2014-CC-2274.
    Supreme Court of Louisiana.
    Nov. 13, 2014.
   In re Baton Rouge General Medical Center; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 629-768; to the Court of Appeal, First Circuit, No. 2014 CW 1099.

Granted. The district court’s ruling denying relator’s motion to stay proceedings and compel arbitration is reversed. See Aguillard v. Auction Management Corp., 04-2804 (La.6/29/05), 908 So.2d 1; see also Coleman v. Jim Walter Homes, Inc., 08-1221 (La.3/17/09), 6 So.3d 179.


text:
    Thelma AISOLA v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION.
    No. 2014-CC-1708.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Louisiana Citizens Property Insurance Corporation; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. A, No. 115-137; to the Court of Appeal, Fourth Circuit, No. 2014-C-0469.

Granted.


text:
    Alexis HUNT, et al. v. LOUISIANA MUNICIPAL RISK MANAGEMENT AGENCY.
    No. 2014-CC-1758.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re City of Marksville; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Civ. A, No. 2013-9283A; to the Court of Appeal, Third Circuit, No. CW 14-00456.

Granted and remanded to the court of appeal for briefing, argument and opinion.


text:
    Lloyd RICHARD v. Sheriff Willy J. MARTIN, Jr., et al.
    No. 2014-CP-1818.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Richard, Lloyd; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. James, 23rd Judicial District Court Div. B, No. 33,437; to the Court of Appeal, Fifth Circuit, No. 14-C-472.

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


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-041.
    No. 2014-OB-2047.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Jackson, Roy; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-041.

Leave to appeal denied.


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-003.
    No. 2014-OB-2069.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Cariere, Andrew J.; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-003.

Leave to appeal denied.


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-002.
    No. 2014-OB-2070.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Cariere, Andrew J.; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-002.

Leave to appeal denied.


text:
    In re Appeal of the Decision of the DISCIPLINARY BOARD NO. 14-PDB-005.
    No. 2014-OB-2071.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Cariere, Andrew J.; — Plaintiff; Applying For Appeal of the Decision of the Disciplinary Board Office of Disciplinary Board, No. 14-PDB-005.

Leave to appeal denied.


text:
    STATE of Louisiana v. Amy Leighanne THOMAS.
    No. 2013-KP-1944.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Thomas, Amy Leighanne; — Defendant; Applying For Applying for Reconsideration of this courts’ action dated June 30, 2014, Parish of Washington, 22nd Judicial District Court Div. A, No. 08-CR-398197; to the Court of Appeal, First Circuit, No. 2013 KW 0866.

Reconsideration denied.


text:
    STATE ex rel. Arthur MORRIS v. STATE of Louisiana.
    No. 2014-KH-0148.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Morris, Arthur; — Plaintiff; Applying For Applying for Reconsideration of this Court’s action dated October 3, 2014, Parish of St. Charles, 29th Judicial District Court Div. D, No, 03-60; to the Court of Appeal, Fifth Circuit, No. 13-KH-959.

Reconsideration denied.


text:
    Richard C. BENTLEY v. LCM CORPORATION, et al.
    No. 2014-C-1451.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Bentley, Richard C.; — Plaintiff; Applying for Reconsideration of this court’s action dated October 10, 2014, Parish of Lafayette, 15th Judicial District Court Div. C. No. C-20112851; to the Court of Appeal, Third Circuit, No. 14-139.

Reconsideration denied.


text:
    STATE of Louisiana v. Dominique HAWTHORNE.
    No. 2013-KP-2265.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 482-742; to the Court of Appeal, Fourth Circuit, No. 2012-K-0694.

Denied.

KNOLL and CLARK, JJ., would grant.


text:
    STATE ex rel. Jauvé COLLINS v. STATE of Louisiana.
    No. 2013-KH-2684.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Collins, Jauvé; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 03-07-0231; to the Court of Appeal, First Circuit, No. 2013 KW 1430.

Denied.


text:
    STATE of Louisiana v. Carlton CHARLES.
    No. 2013-KP-2915.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Charles, Carlton; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 512-535; to the Court of Appeal, Fourth Circuit, No. 2013-K-1199.

Denied.


text:
    STATE of Louisiana v. Michelle MAZA.
    No. 2013-KP-2977.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Maza, Michelle; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. A, No. 900767; to the Court of Appeal, First Circuit, No. 2013 KW 1515.

Denied.


text:
    STATE of Louisiana v. Bobby Lamar YOUNG.
    No. 2014-KP-0094.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Young, Bobby Lamar; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. 5, No. 287,559; to the Court of Appeal, Second Circuit, No. 49,006-KW C/W 49,007-KW.

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 of Louisiana v. Shawn SHELTON.
    No. 2014-KP-0281.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Shelton, Shawn; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Natchitoches, 10th Judicial District Court Div. A, No. C13322A; to the Court of Appeal, Third Circuit, No. KW 13-00909.

Denied.


text:
    STATE ex rel. Terrence Allen LEE v. STATE of Louisiana.
    No. 2014-KH-0485.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Lee, Terrence Allen; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bienville, 2nd Judicial District Court Div. C, Nos. 45,887, 45,888; to the Court of Appeal, Second Circuit, No. 48,888.

Denied.


text:
    STATE ex rel. Benjamin T. WEBB v. STATE of Louisiana.
    No. 2014-KH-0494.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Webb, Benjamin T.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 504-028; to the Court of Appeal, Fourth Circuit, No. 2013-KA-0146.

Denied.


text:
    STATE ex rel. John W. TONUBBEE v. STATE of Louisiana.
    No. 2014-KH-0500.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Tonubbee, John W.; — Plaintiff; Applying For Supervisory and/or Remedíal Writs, Parish of St. Charles, 29th Judicial District Court Div. C, Nos. 80-143, 80-151.

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. Warren C. REAVIS, III v. STATE of Louisiana.
    No. 2014-KH-0502.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Reavis III, Warren C.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 528248; to the Court of Appeal, First Circuit, No. 2013 KW 1917.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030.


text:
    STATE ex rel. Edward McGARY v. STATE of Louisiana.
    No. 2014-KH-0506.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re McGary, Edward; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. B, No. 53199; to the Court of Appeal, First Circuit, No. 2013 KW 1846.

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; State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030.


text:
    STATE ex rel. Terry Wayne MAYS v. STATE of Louisiana.
    No. 2014-KH-0507.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Mays, Terry Wayne; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish .of Caddo, 1st Judicial District Court Div. 4, No. 155,463; to the Court of Appeal, Second Circuit, No. 49,-204-KH.

Denied.


text:
    STATE ex rel. Wilbert KELLY Jr. v. STATE of Louisiana.
    No. 2014-KH-0508.
    Supreme Court of Louisiana.
    Nov. 14, 2014.
   In re Kelly, Jr., Wilbert; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 07-WFLN-177; to the Court of Appeal, First Circuit, No. 2013 KW 1710.

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


author: PAUL A. BONIN, Judge.

text:
    James YOUNG v. DEPARTMENT OF POLICE.
    No. 2013-CA-1596.
    Court of Appeal of Louisiana, Fourth Circuit.
    June 25, 2014.
    Rehearing Denied Dec. 30, 2014.
    Raymond C. Burkart, III, Burkart & Associates, L.L.C., Covington, LA, for Plaintiff/Appellant.
    Shawn Lindsay, Elizabeth Robins, Assistant City Attorneys, Sharonda R. Williams, Chief of Litigation, City Attorney, New Orleans, LA, for Defendant/Ap-pellee.
    (Court composed of Chief Judge JAMES F. McKAY, III, Judge PAUL A. BONIN, Judge ROSEMARY LEDET).
   PAUL A. BONIN, Judge.

James Young, a sergeant in the New Orleans Police Department, appeals the decision of the New Orleans Civil Service Commission which upheld the discipline imposed upon him by NOPD Superintendent Roñal Serpas, who is the appointing authority. The superintendent issued a one-day suspension upon finding that Mr. Young failed to follow instructions from an authoritative source by not providing Deputy Chief Darryl Albert with a copy of a Disciplinary Investigation 2, or DI-2, report by a certain date and time as ordered. Mr. Young argues on appeal that the Commission’s decision violated his procedural due process rights and that the discipline should therefore be annulled.

Because the appointing authority’s investigation exceeded the maximum time-limitation standards set forth in the Police Officer’s Bill of Rights, codified as La. R.S. 40:2531, we agree that the discipline imposed by the appointing authority is an absolute nullity and accordingly vacate the decision of the Commission. We further order restoration of all back pay and emoluments to Mr. Young.

We explain our decision in detail below.

I

We begin by briefly setting out the facts relevant to this appeal as well as the highlights of this matter’s procedural history.

James Young is a seventeen-year veteran of the NOPD and has attained the rank of sergeant. On November 25, 2011, Mr. Young, a supervisor in the Sixth District, was assigned to special event coverage for the Bayou Classic. One of Mr. Young’s responsibilities as a supervisor was to oversee his subordinate officers. On that date Deputy Chief Darryl Albert observed one of Mr. Young’s subordinate officers, Officer Tracie Medus, who at the time was not wearing her garrison cap, which is a violation of the department’s uniform rules. Reacting to his observation, the deputy chief instructed Mr. Young to issue Officer Medus a DI-2 for this infraction. In giving Mr. Young this order, Deputy Chief Albert claims to have instructed Mr. Young that he wanted a copy of the DI-2 on his desk by Monday, November 28, 2011, at Noon.

Mr. Young successfully initiated and timely completed Officer Medus’s DI-2 for the uniform infraction. Mr. Young, however, did not comply with the deputy chiefs order to him to supply the deputy chief with a copy of Officer Medus’s DI2 by the date and time instructed. Because of this failure, Deputy Chief Albert complained about Mr. Young’s inaction.

Deputy Chief Albert’s complaint against Mr. Young was received by Captain Rose R. Duryea, the Sixth District’s Integrity Control Officer, on November 28, 2011, and she completed the DI-1 by December 1, 2011. The NOPD’s Public Integrity Bureau received Mr. Young’s DI-1 on December 5, 2011.

It was nob until February 23, 2012, that Mr. Young received a Notice of Sustained Complaint from the PIB stating that Deputy Chief Albert’s complaint was sustained. The notice also set a date for the pre-disciplinary hearing. Thus, the investigation was completed on February 23, 2013.

Ultimately the superintendent as the appointing authority disciplined Mr. Young by giving him a one-day suspension, without pay, accrual of annual leave, and sick leave for that period. Mr. Young timely exercised his constitutional right to an appeal from the appointing authority’s disciplinary action to the Commission. See La. Const. Art. X, § 8(A). By way of judgment dated September 6, 2013, the Commission denied Mr. Young’s appeal. Mr. Young then timely appealed the Commission’s judgment to us.

II

A

The Police Officer’s Bill of Rights specifies that certain “minimum standards shall apply” to an internal departmental investigation of an officer such as Mr. Young who is the subject of such investigation. La. R.S. 40:2531 B. The particular minimum standard at issue in this appeal is that the investigation of the officer must be completed “within sixty days” of its initiation. La. R.S. 40:2581 B(7). “The investigation shall be considered complete upon notice to [the police officer] under investigation of a pre-disciplinary hearing or a determination of an unfounded or unsustained complaint.” La. R.S. 40:2531 B(7).

“There shall be no discipline, demotion, or adverse action of any sort taken against [a police officer] unless the investigation is conducted in accordance with the minimum standards provided for” in § 2531. La. R.S. 40:2531 C. And, most importantly for the purposes of Mr. Young’s appeal, “[a]ny discipline, demotion, or adverse action of any sort whatsoever taken against [a police officer] without complete compliance with the foregoing minimum standards is an absolute nullity.” Id. (emphasis added).

B

There are, however, three exceptions to the sixty-day time limitation under § 2531 B(7). The first is that the appointing authority may petition the Commission for an extension of up to an additional sixty days, and the Commission may grant such an extension if the appointing authority “has shown good cause” for additional time to complete its investigation. La. R.S. 40:2531 B(7). The second exception is that the police officer under investigation and the appointing authority may enter “into a written agreement extending the investigation for up to an additional sixty days.” Id. The third exception is that the sixty-day limitation “does not apply” when the investigation is one of alleged criminal activity. McMasters v. Department of Police, 13-2634, p. 2 (La.2/28/14), 134 So.3d 1163, 1164; La, R.S. 40:2531 B(7) (“Further, nothing in this Paragraph shall limit any investigation of alleged criminal activity.”).

Here, none of these exceptions apply. Thus, the appointing authority was required to complete its investigation within sixty days of its investigation.

Ill

Captain Duryea initiated the investigation on December 1, 2011, as set forth on the DR-1 itself. Thus, NOPD had no more than sixty days from that date, or no later than January 30, 2012, within which to complete its civil administrative investigation of Mr. Young. Because the investigation was not completed until February 23, 2012, the appointing authority unquestionably exceeded the maximum time-limitation and thereby violated one of the minimum standards of the Police Officer’s Bill of Rights.

The Police Officer’s Bill of Rights positively prohibits any disciplinary or other adverse action against a police officer when there has not been, as here, complete compliance with the standard for the time-limitation for the completion of the civil administrative investigation. See La. R.S. 40:2531 C; cf. O’Hern v. New Orleans Police Dept., 13-1416, p. 4 (La.11/8/13), 131 So.3d 29, 31 (“The plain language of the statute suggests a criminal investigation is distinct from a civil administrative investigation.”).

And the Police Officer’s Bill of Rights, as we noted in. Part II-A, ante, declares any such disciplinary action taken without complete compliance “an absolute nullity.” La. R.S. 40:2531 C; see also Mulvey v. Department of Police, 12-1041, p. 9 (La.1/30/13), 108 So.3d 891, 896. The provision of Subsection C imposes a penalty for the violation of the minimum standard. See Landry v. Baton Rouge Dept., 08-2289, p. 11 (La.App. 1 Cir. 5/8/09), 17 So.3d 991, 998. Moreover, Subsection C establishes dismissal of the disciplinary action as the remedy for the appointing authority’s non-compliance with the minimum standard. Id.; Mulvey, 12-1041, p. 10, 108 So.3d at 897 (“Therefore, we find that the investigation by the appointing authority of Officer Mulvey was non-compliant with the minimum standards set forth in La.Rev.Stat. 40:2531(B)(7), and the discipline imposed against him is rendered an absolute nullity.”).

DECREE

Accordingly, we vacate the New Orleans Civil Service Commission’s denial of the appeal of James Young. We declare all discipline imposed, including his one-day suspension, by Superintendent Roñal Ser-pas, the appointing authority, an absolute nullity. We order the reinstatement of Mr. Young to his prior position along with restoration of all back pay and emoluments. See La. R.S. 49:113. All costs of this appeal are assessed to the appointing authority. See La. C.C.P. art. 2164.

VACATED AND RENDERED.

      . We pretermit consideration of Mr. Young’s other arguments, which challenge on other grounds the discipline imposed upon him.

      . DI forms appear to be documents that the NOPD uses internally relating to discipline and to commemorate and/or inform a police officer of allegations relating to misbehavior or alleged inappropriate acts or actions. See Jones v. Department of Police, 11-0571, p. 1 (La.App. 4 Cir. 8/24/11), 72 So.3d 467, 469 n. 1, citing Williams v. Dept. of Police, 08-0465, p. 4 (La.App. 4 Cir. 10/22/08), 996 So.2d 1142, 1144. A DI-2 form is "used to give an officer an informal disciplinary warning advising an officer that the officer is in violation of department regulations.” Id. A DI-1 form, which was issued to Mr. Young, is "used to initiate a formal disciplinary investigation”. Id.

      . When discipline against Mr. Young was first recommended by Major Robert Bardy, his commander, Major Bardy was under the mistaken belief that Mr. Young had not issued the DI-2 at all to Officer Medus. Also, the Commission pointedly did not resolve the factual dispute arising from Mr. Young's testimony that he had not heard the order that the DI-2 was not only to be issued but also that a copy of it was to be furnished to the deputy chief.


author: ROLAND L. BELSOME, Judge.

text:
    STATE of Louisiana v. Michael CAMERON.
    No. 2014-KA-0168.
    Court of Appeal of Louisiana, Fourth Circuit.
    Oct. 15, 2014.

      Leon A. Cannizzaro, Jr., District Attorney, Kyle Daly, Assistant District Attorney, Parish of Orleans, New Orleans, LA, for State of Louisiana.
    Powell W. Miller, Louisiana Appellate Project, New Orleans, LA, for Defen-dani/Appellant.
    (Court composed of Judge ROLAND L. BELSOME, Judge PAUL A. BONIN, Judge DANIEL L. DYSART).
   ROLAND L. BELSOME, Judge.

h Michael Cameron, the Defendant, seeks this Court’s review of his conviction and sentence. He was charged with a violation of La. R.S. 14:30.1, second degree murder. A jury found him guilty as charged, and he was sentenced to life imprisonment, at hard labor, without benefits.

Statement of the Case

On November 29, 2010, Eric Roy was attending a concert at the Republic nightclub in New Orleans. While in the V.I.P. section of the club, Mr. Roy was attacked and stabbed in the head and neck. After an extended hospital stay and several surgical procedures, Mr. Roy was taken off of life support.

On April 11, 2011, the Defendant was charged by bill of information with one count of second degree murder. He filed motions to suppress evidence, statements, and identification which were denied by the trial court. Subsequently, the case was heard by a twelve person jury from September 23, 2013 until September 26, 2013. Upon completion of the trial, the jury found the Defendant guilty as charged with second degree murder. He was sentenced to life imprisonment, at hard labor, without benefits, to run concurrent and coterminous with any other sentence. At that time, he motioned the trial court for an appeal.

| .¿Errors Patent

A review of the record reveals no errors patent.

Assignments of Error

In his sole assignment of error, the Defendant maintains that the evidence presented at trial was insufficient to reach a verdict finding him guilty of second degree murder.

Standard of Review

In evaluating whether evidence is constitutionally sufficient to support a conviction, this Court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. However, the reviewing court may not disregard this duty simply because the record contains evidence that tends to support each fact necessary to constitute the crime. If rational triers of fact could disagree as to the interpretation of the evidence, the rational trier’s view of all the evidence most favorable to the prosecution must be adopted. The factfinder’s discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection of due process of law. A factfinder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence.

l-jln addition, “[a]s a general matter, when the key issue is the defendant’s identity as the perpetrator, rather than whether the crime was committed, the state is required to negate any reasonable probability of misidentification.” A positive identification by only one witness is sufficient to support a conviction. The reviewing court must examine the reliability of an identification according to the test set out in Manson v. Brathwaite: (1) the opportunity of the witness to view the assailant at the time of the crime; (2) the witness’s degree of attention; (3) the accuracy of the witness’s prior description of the assailant; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the confrontation.

The Defendant does not argue that the State failed to prove the elements of second degree murder, but rather, that the State failed to produce a witness that identified him as the murderer. He maintains that the witnesses were only able to identify him from his clothing, and one witness, Caroline Koerner, contradicted her testimony when she initially stated that she saw his features and that he had short hair and khaki pants.

The Defendant submits that in light of Jackson v. Virginia, he is not seeking this Court’s substitution of judgment for that of the jury; however, he contends that a review of the record will reveal that a rational trier of fact would not have concluded, beyond a reasonable doubt, that he killed Mr. Roy.

I/The State argues that the Defendant’s assignment of error is without merit because it was able to establish that the police, staff from Republic, and others, chased and apprehended the defendant after the stabbing, and those events were corroborated by eyewitnesses.

Trial Witnesses

At trial, the State called several witnesses who were present at Republic on the night that Mr. Roy was stabbed. Through those witnesses, the State provided the jury with a detailed description of the stabbing incident and subsequent arrest and identification of Cameron.

Detective Tindell Murdock testified that he remembered being called to Republic on November 29, 2010, to investigate a stabbing. He arrived at approximately 3:30 a.m., and he located two witnesses while assisting the lead detective. He identified the witnesses as Seneca Johnson and Nicole Age. Det. Murdock testified that he interviewed Ms. Johnson about what she witnessed and that once he learned the Defendant was in custody in the back of a police car, he asked if she would identify a suspect. From there, Det. Murdock contacted Det. Willie Jenkins, who was also assisting in the matter. According to Det. Murdock, Det. Jenkins removed the Defendant from the vehicle and shined a light on him, and Ms. Johnson positively identified him as the suspect. Although the defense objected to any statements Det. Murdock said were made by Nicole Age, the court allowed Det. Murdock to testify that Nicole Age identified the Defendant that evening as the suspect.

On cross-examination Det. Murdock testified that the police conducted a “show-up procedure” because he felt from what he learned from Ms. Johnson that she could identify the suspect regardless of Ms. Johnson stating that she never saw |sthe suspect’s face. He testified that he never spoke to the Defendant, nor did he check his hands for blood or bruising. The Detective admitted that he had no written reports from that night because he was not the lead detective.

Ms. Johnson testified at trial that she knew Mr. Roy from going out to nightclubs and that she saw him on November 29, 2010 at Republic. She further testified that she was upstairs in the V.I.P. section of the nightclub during the time that Mr. Roy was attacked. Ms. Johnson stated that she and Mr. Roy went to the bar to buy her friend a drink, and when she turned around she saw a “guy with a bald head, a red jacket” hit Mr. Roy. She claimed that everyone started to scream as he fell to the floor bleeding from his head. Ms. Johnson further stated that Mr. Roy was breathing while he was on the floor, and that she was pushed out of the way by security. She also testified that approximately thirty to forty-five minutes after the incident an NOPD officer asked her if she could identify the person who struck Mr. Roy, and she identified a male in handcuffs, dressed as she earlier described, as the perpetrator.

On cross-examination Ms. Johnson was able to remember names of her friends who were also in proximity to the stabbing so that the defense could call them as witnesses.

Also at trial, Caroline Koerner testified that she knew Mr. Roy, and she was in Republic on November 29, 2010. She testified that the Defendant pushed his way through a crowd of people as if he wanted to instigate a fight. She said that she witnessed the Defendant push Mr. Roy, and he pushed the Defendant back. She further stated that the Defendant was standing approximately one person away from her when she saw him reach into his left pocket, take out a knife, flip the knife open, place it in his right hand, walk up to Mr. Roy, and stab him in the head | fitwice. Ms. Koerner testified that she saw Mr. Roy fall to the ground, and she put her scarf on his head.

Just after the incident, Ms. Koerner testified that an officer came upstairs where she was with Mr. Roy and asked her what happened. At that time, she was taken outside of the nightclub, where she met with detectives and positively identified the Defendant.

Det. Michael Flores testified that over the radio, he learned of a stabbing at Republic, and went to the nightclub. He testified that when he arrived, he spoke with other officers at the scene and learned a victim had been stabbed, and that another victim, who had a part of his ear bitten off, helped chase down two suspects. Det. Flores was informed that the suspects were in the back of the police car.

Det. Flores testified that when he went to the second floor of the nightclub, Mr. Roy’s body had already been removed, and there was blood and trash on the floor. He testified that he met with Ms. Kroener and Jeremiáh LaFleur, who both gave him a description of the suspect. He stated that he then conducted two separate show-ups, one for the Defendant and one for Jeremy Cameron.

Det. Flores left Republic and went to the hospital, where he met with the other victim, Mr. Kaiser. Mr. Kaiser told him that his ear had been bitten by Jeremy Cameron, and he corroborated Ms. Kroener and Mr. LaFleur’s statements. -Det. Flores testified that he was called back to the scene from the hospital by the manager of Republic, where he located a knife on the ground where the police unit |7holding the Defendant and his brother had been earlier parked. He called the crime lab, who came back to photograph the knife.

Mr. LaFleur testified that he was employed at Republic as a bartender on the evening of November 29, 2010. He stated that on that night, he went to the second floor to take a break from the bar on the first floor where he was working. He recalled that he was standing at the left side of the bar facing the V.I.P. section when a physical altercation broke out in front of him. Mr. LaFleur stated that he witnessed a large man, whom he knew as Kevin, spreading the crowd apart in an attempt to break things up. He further testified that he saw a person in a bright red shirt give Kevin an “overhead” punch, and then he saw Kevin stumble to the ground. At that time, Mr. LaFleur then left the scene and told other Republic employees about the chaos going on upstairs.

Mr. LaFleur further testified that he was going to go back into the nightclub but ended up chasing down and apprehending the person he saw earlier in the bright red shirt. He stated that shortly after he apprehended the suspect, a policeman took over the stop. He also testified that he spoke to officers that evening and was able to provide a description of the suspect and identify the suspect as the same person whom he saw give an overhead punch to Mr. Roy.

Nicole Age testified that she was acquainted with Mr. Roy, and on the evening of November 29, 2010, he passed her with two drinks in his hands in .the V.I.P. room. She stated that he gave her a sip of one of the drinks and was walking away when a fight broke out in front of them. Mr. Roy asked “what’s going on?” and proceeded in the direction of the fight. She testified that she saw a bald man with a red shirt hit Mr. Roy in the head, and then saw Mr. Roy bleeding. She stayed with Mr. Roy until the paramedics arrived, and then she was asked by | Sdetectives not to leave. Ms. Age testified that at the scene she identified the Defendant as the man who struck Mr. Roy.

Wendy Wiltz testified at trial that she worked for the event promoter and that she knew Mr. Roy because he was a Sunday regular at Republic. She testified that she was at Republic the evening of November 29, 2010, and she was talking to Mr. Roy at the top of the stairs in the V.I.P. section when a fight broke out. She testified that Mr. Roy pushed her out- of the way, and she saw a bald man in a red shirt reaching into his boot. She stated that she grabbed a waitress, and they went behind the bar into the office and told the promoter to call for more security. When she returned, she saw Mr. Roy on the ground. She left the nightclub and later returned to retrieve her car. Upon her return she was walking across the street to get her car when she saw a knife in the street.

Desere Chachere testified that she has known the defendant since 2006 or 2007. She identified him in court. She testified that she was at Republic when the incident occurred, and she saw the Defendant and his brother Jeremy. She described her surroundings and testified that she was standing at the bar in the second floor V.I.P. section when a fight ensued. She said she and the Defendant were standing next to one another and that the Defendant was not involved in the fight, did not push anyone, and did not stab anyone.

On cross-examination, Ms. Chachere testified that she saw Jeremy Cameron involved in the fight that was taking place on the stairs. She testified that at no time did the Defendant seek to assist his brother in the altercation. She left when she and Michael Cameron were ushered out by security. She further testified that she later saw the Defendant and his brother handcuffed outside of the nightclub, but never informed the authorities that the Defendant was not involved in the fight 13inside the nightclub. Ms. Chachere further stated that the Defendant was wearing a red shirt and jeans the night of the murder.

The Defendant testified at trial that he drove to Republic with his brother Jeremy and that he parked his car on a nearby street. He testified that he was at the bar, standing next to Ms. Chachere, when he saw his brother get into a fight. He also testified that he was ushered out with the crowd and was grabbed when exiting, frisked, asked by officers to show his hands, and. then placed in the back of a police car. He testified that he did not get into a fight that evening, did not have a knife, and did not have blood on his hands or his clothes.

An audio tape from a jail call revealed that the Defendant mentioned helping his brother during the incident. On cross-examination, the Defendant testified that he mentioned assisting his brother during the phone conversation, but that he only wanted the people fighting with his brother to know who he was.

Discussion

In light of Manson v. Brathwaite, supra, each eyewitness had the opportunity to see the Defendant at the time of the stabbing. The witnesses testified that, although dim, there was ample lighting in the nightclub, and they were not impaired by alcohol or in any other way to cause their attention to be disrupted. The -witnesses all gave an accurate description of the Defendant, and when asked to identify him, the witnesses were confident in their identifications, which took place within a reasonably close time to the murder.

Although the Defendant’s testimony, which was somewhat corroborated by Ms. Chachere, maintained that he did not have a knife, was not in a fight, and was grabbed by police among all of the chaos and placed in the back of a police car, the jury was also presented with numerous eyewitnesses .that contradicted his account. |inMs. Johnson, Ms. Age, Ms. Kroener and Mr. LaFleur all identified the Defendant on the evening of the murder. Even though the eyewitnesses did not give a detailed facial description of the Defendant, they were all in close proximity to him and the incident. They described, with some variation, a bald, black male, wearing a red shirt and dark pants. This testimony established that each witness had sufficient time to observe the Defendant. This Court cannot disturb the jury’s decision in weighing the credibility of the witnesses unless it is clearly contrary to the evidence, which in this case it is not.

In the present case, there was sufficient evidence for the jury to find that Michael Cameron was the person who stabbed and killed Eric Roy, Jr. The evidence is overwhelming with eyewitness testimony, and the jury was able to compare the testimony to the video surveillance tapes from the evening of the murder. A review of the trial record established that the evidence was clearly sufficient for a jury to find Michael Cameron guilty of second degree murder. Accordingly, his conviction and sentence are affirmed.

AFFIRMED.

      . Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 2792, 61 L.Ed.2d 560; State v. Green, 588 So.2d 757, 758 (La.App. 4 Cir.1991).

      . State v. Mussall, 523 So.2d 1305, 1309-10 (La.1988).

      . State v. McMillian, 10-0812, p. 6 (La.App. 4 Cir. 5/18/11), 65 So.3d 801, 805; State v. Huckabay, 00-1082, p. 33 (La.App. 4 Cir. 2/6/02), 809 So.2d 1093, 1111; State v. Harris, 99-3147, p. 6 (La.App. 4 Cir. 5/31/00), 765 So.2d 432, 435.

        .State v. Neal, 00-0674, p. 11 (La.6/29/01), 796 So.2d 649, 658.

      . Neal, 00-0674, p. 11, 796 So.2d at 658.

      . Manson v. Brathwaite, 432 U.S. 98, 114, 97 S.Ct. 2243, 2253, 53 L.Ed.2d 140 (1977).

      . The record reveals that Jeremy Cameron, the brother of Michael Cameron, was also at Republic at the time of the murder and was charged with second degree battery.

      . See Harris, 99-3147, 765 So.2d at 435; Huckabay, 00-1082, 809 So.2d at 1111; McMillian, 10-0812, 65 So.3d at 805.


author: BROWN, Chief Judge.

text:
    STATE of Louisiana, Appellee v. David Tray HERRINGTON, Appellant.
    Nos. 49,323-KA, 49,324-KA.
    Court of Appeal of Louisiana, Second Circuit.
    Nov. 19, 2014.

      Teresa Culpepper Carroll, Jonesboro, for Appellant.
    W. Mark McKee, District Attorney, Charles L. Cook, Assistant District Attorney, for Appellee.
    Before BROWN, STEWART, and CARAWAY, JJ.
   BROWN, Chief Judge.

|! Defendant, David Tray Herrington, pled guilty to one count of simple burglary of an inhabited dwelling and one count of aggravated obstruction of a highway. He was sentenced to serve 12 years at hard labor, with 10 of the 12 years to be served without the benefit of parole, probation, or suspension of sentence for the simple burglary of an inhabited dwelling and seven years at hard labor for the aggravated obstruction of a highway, to be served consecutively to one another. Defendant now appeals. As conceded by the state, we amend his sentence for simple burglary of an inhabited dwelling to provide that only the first year of the sentence will be served without benefits and as amended, affirm.

Facts

On June 5, 2013, defendant passed a house that appeared to be unoccupied. He parked in the driveway, knocked on the door, and, when no one answered, he entered the house by kicking the back door open. Unknown to defendant, he entered the home of a deputy clerk of court whose 15-year-old son was inside the residence. The child called 911 to report that someone was breaking into his mother’s house. Deputy Tori Hilburn of the Caldwell Parish Sheriffs Office was the first officer to arrive at the home. Chief Clay Bennett of the Columbia Police Department arrived shortly thereafter. Chief Bennett made contact with defendant, David Tray Her-rington, while Deputy Hilburn searched the back side of the house. Defendant told Chief Bennett that he was looking for a calendar. When defendant went to his vehicle to get his identification, both Chief Bennett Land Deputy Hilburn noticed a box and some jewelry in the passenger seat of defendant’s car. Defendant claimed that the items were his.

Deputy Logan Cooper then arrived at the scene. Shortly after his arrival, Deputy Cooper returned to the end of the driveway of the residence, where an unrelated car accident had occurred. Meanwhile, Chief Bennett and Deputy Hilburn realized that defendant had started his car; the officers asked him to turn it off. Defendant refused, and Chief Bennett grabbed defendant by the shirt and Deputy Hilburn put her hand on the door of the car. While both police officers were still engaged with defendant, he drove off. Deputy Cooper attempted to stop defendant at the end of the driveway, but he got past the deputy and turned onto Louisiana Highway 133 heading north. All three law officers pursued defendant, and the chase progressed from Caldwell Parish into Richland Parish at speeds of up to 100 mph.

The chase ended when defendant lost control of his vehicle and ran into a tractor on the left side of the road. When the officers looked into defendant’s car they saw a Ziploc bag containing jewelry and other items. A witness to the chase told the officers that defendant had thrown some items out of his car while driving. Defendant was arrested and later admitted to being inside the home.

In two separate docket numbers, defendant was charged with simple burglary of an inhabited dwelling and aggravated obstruction of a highway. Defendant was also charged with resisting an officer, but this charge was dismissed by the state due to defendant’s guilty pleas. The state informed the court that there was no agreement as to defendant’s sentence. The trial j^court indicated that it would have to review the PSI before imposing sentence.

While the state had agreed not to charge defendant as a habitual offender, the trial court emphasized to defendant that there were no promises as. to the sentence he would receive. The state then recited a factual basis for the plea; defendant did not dispute the facts. After explaining his Boykin rights, the trial court accepted defendant’s plea and ordered a PSI.

At sentencing on December 17, '2013, the trial court noted its review of the sentencing factors set forth in La. C. Cr. P. 894.1, defendant’s PSI, a sentencing recommendation from the state for maximum consecutive sentences, and letters from defendant’s parents submitted on his behalf. Allowing for errors in defendant’s criminal record, the trial court found him to be a fourth-felony offender at best, and a ninth-felony offender at worst. The trial court stated that the burglary occurred in a house where a young boy was present and found that there was “great risk” to the young man.

The trial court noted that defendant, who was 40 years old, was a “career criminal” and that he “might very well be” an addict. However, as an addict, defendant was likely to commit another felony if not incarcerated. The trial court sentenced defendant to serve 12 years at hard labor, with the first 10 years to be without the benefit of parole, probation, or suspension of Lsentence for the burglary of an inhabited dwelling and seven years at hard labor for the aggravated obstruction of a highway. The trial court noted that it considered both of defendant’s crimes to have been separate incidents because, although they occurred on the same day, they “put different people at risk for harm,” including the public, the police and the young man in the house. Therefore, the trial court ordered defendant’s sentences to run consecutively to one another and to any other sentence defendant is currently serving. The trial court recommended that defendant undergo substance abuse treatment during his incarceration.

Defendant filed a motion to reconsider his sentences, arguing that they were excessive. At a hearing on the motion, defendant testified about his criminal history and the fact that he was addicted to cocaine. He explained that he had started using cocaine at the age of 17 and had served approximately 21 years in prison, but had never received treatment for his addiction. Defendant expressed regret for his crimes, explaining that he was unaware that anyone was home at the time he committed the burglary.

The trial court denied the motion, and defendant timely appealed alleging that his sentences are illegal and excessive. Appellate counsel in brief states that the judicial system fails to address the source of the problem and states, “Instead, after having repeated missed opportunities to put Mr. Herrington into an environment where he would be given every chance to overcome his drug addictions, our justice system now throws him away with a lengthy prison sentence ...,” and as an afterthought, recommends substance abuse treatment.

| ¿Discussion

The sentencing portion of La. R.S. 14:62.2 provides that a person convicted of simple burglary of an inhabited dwelling “shall be imprisoned at hard labor for not less than one year, without benefit of parole, probation or suspension of sentence, nor more than twelve years.”

The Louisiana Supreme Court in State v. Boowell, 406 So.2d 213 (La.1981), held that due to the ambiguity. of La. R.S. 14:62.2 only the first year of a sentence imposed for simple burglary may be imposed without benefits. The state concedes that defendant’s sentence is illegal per the supreme court’s interpretation of La. R.S. 14:62.2 in State v. Boowell, supra, and requests that this court amend defendant’s sentence.

An appellate court is authorized to correct an illegal sentence pursuant to La. C. Cr. P. art. 882(A) when the sentence does not involve the exercise of sentencing discretion by the trial court. State v. Evans, 48,489 (La.App.2d Cir.12/04/13), 130 So.3d 406, 415, citing State v. Haynes, 04-1893 (La.12/10/04), 889 So.2d 224.

Per State v. Boowell, supra, defendant’s sentence for simple burglary of an inhabited dwelling is illegal because the first 10 years of defendant’s 12-year sentence were imposed without benefits. Amendment of this illegal sentence does not require the discretion of the trial court and therefore defendant’s sentence is amended to provide that only the first year of his 12-year sentence will be served without benefits.

Defendant also argues that his sentence is illegal because the trial court failed to give him credit for time served. A defendant shall receive | ^credit for time spent in actual custody prior to imposition of sentence. La. C. Cr. P. art. 880. A 1997 amendment to article 880 makes credit for prior custody self-operating even on a silent record. State v. Ignot, 29,745 (La.App.2d Cir.09/24/97), 701 So.2d 1001, writ denied, 99-0336 (La.06/18/99), 745 So.2d 618. Defendant is entitled by law to credit for time served pursuant to La. C. Cr. P. 880; thus, no action is required by this court.

Defendant complains that the trial court erred by imposing consecutive sentences in this matter because his offenses arose from a single course of conduct and that the factors used to determine whether sentences should be imposed concurrently or consecutively weigh in favor of concurrent sentences. In particular, defendant argues that his extensive criminal history consists of nonviolent offenses, such as burglaries. Additionally, he claims that he does not present an unusual risk of danger to the public because he can and should be treated for his addiction, which is the root of his criminal behavior.

Concurrent sentences arising out of a single course of conduct are not mandatory. State v. Derry, 516 So.2d 1284 (La.App. 2d Cir.1987), writ denied, 521 So.2d 1168 (La.1988). It is within a trial court’s discretion to order sentences to run consecutively rather than concurrently. State v. Johnson, 42,323 (La.App.2d Cir.08/15/07), 962 So.2d 1126. When consecutive sentences are imposed, the court shall state the factors considered and its reasons for the consecutive terms. State v. Johnson, supra. Among the factors to be considered are .the defendant’s criminal 17history, State v. Ortego, 382 So.2d 921 (La.1980), cert. denied, 449 U.S. 848, 101 S.Ct. 135, 66 L.Ed.2d 58 (1980); the gravity or dangerousness of the offense, State v. Adams, 493 So.2d 835 (La.App. 2d Cir.1986), writ denied, 496 So.2d 355 (La.1986); the viciousness of the crimes, State v. Clark, 499 So.2d 332 (La.App. 4th Cir.1986); the harm done to the victims, State v. Lewis, 430 So.2d 1286 (La.App. 1st Cir.1983), writ denied, 435 So.2d 433 (La.1983); whether the defendant constitutes an unusual risk of danger to the public, State v. Jett, 419 So.2d 844 (La.1982); and the potential for defendant’s rehabilitation, State v. Sherer, 437 So.2d 276 (La.1983).

The trial court did not abuse its discretion by sentencing defendant to serve consecutive terms. The court reviewed the sentencing factors set forth in La. C. Cr. P. art. 894.1. Allowing for errors in defendant’s criminal record, the trial court found him to be a fourth-felony offender at best and a ninth-felony offender at worst. The trial court considered defendant’s substance abuse problems, but stated its belief that defendant would continue to commit crimes to support his habit and posed a threat to the public safety. The trial court found that the burglary occurred in a house where a young boy was present and found that there was “great risk” to the youth. Further, there was great risk to the public during the escape chase. Whether or not defendant’s crimes should be considered a single course of conduct, the trial court set forth an adequate factual basis for consecutive sentences.

|sThe U.S. Constitution Eighth Amendment’s proscription of cruel and unusual punishment not only prohibits barbaric punishment but also sentences that are disproportionate to the offense committed. Louisiana’s constitution likewise proscribes cruel, unusual and excessive sentences. An excessive sentence is one that is grossly disproportionate to the offense committed and shocks the sense of justice. State v. Weaver, 01-0467 (La.01/15/02), 805 So.2d 166. Absent specific authority, it is not the role of an appellate court to substitute its judgment for that of the sentencing court as to the appropriateness of a particular sentence. State v. Dorthey, 623 So.2d 1276 (La.1993); State v. Bonanno, 384 So.2d 355 (La.1980). In view of the substantial deference that must be accorded legislatures and sentencing courts, a reviewing court rarely will be required to engage in extended analysis to determine that a sentence is not constitutionally disproportionate.

A court’s proportionality analysis should be guided by the gravity of the offense and culpability of the offender. Simple burglary of an inhabited dwelling is punishable by imprisonment at hard labor for not less than one year, without the benefit of parole, probation or suspension of sentence, and not more than 12 years. La. R.S. 14:62.2. Aggravated obstruction of a highway of commerce is punishable by imprisonment, with or without hard labor, for not more than 15 years. La. R.S. 14:96.

The facts of this case, including defendant’s extensive criminal history, do not allow this reviewing court to interfere with the substantial deference granted to the trial court. The sentences imposed in this matter are not excessive by constitutional standards.

| {¡Conclusion

For the aforementioned reasons, defendant’s sentence for simple burglary of an inhabited dwelling is amended to provide that only the first year of his sentence shall be served without the benefit of parole, probation or suspension of sentence. As amended, defendant’s convictions and sentences are affirmed.

      . At the guilty pleas, the ADA stated, "The only thing that was said was that Your Honor might run the two concurrent, seeing as they happened at the — on the same day at the same time.”

      . In his recorded statement, defendant said that he never had and never would go into a house if he knew someone was inside. He said he did everything to ensure no one was there.