author: PER CURIAM.

text:
    STATE of Louisiana v. Terrell CARTER.
    No. 2009-KK-2345.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   PER CURIAM.

11 Granted. The court of appeal’s order of October 26, 2009, directing the trial court to declare a mistrial, is vacated and this case is remanded for completion of trial. Defendant is charged with the crime of aggravated battery in violation of La.R.S. 14:34, ie., with the “intentional use of force or violence, with a dangerous weapon, upon the person of another.” State v. Englerth, 213 La. 158, 34 So.2d 409, 410 (La.1948). The crime “requires neither the infliction of serious bodily harm nor the intent to inflict serious injury.” State v. Howard, 94-0023, p. 3, 638 So.2d 216, 217; compare La.R.S. 14:34.1 (defining the offense of second degree battery as a battery committed when the offender intentionally inflicts serious bodily injury). The four-day recess declared by the trial court on October 22, in response to the court of appeal’s order directing it to grant defendant’s motion for a continuance, therefore appears to have provided the defense with a fair opportunity to review the victim’s medical records disclosed by the state one day before trial, revealing the victim’s |2treatment for multiple lacerations to his chin, nose, hands, upper arm, and forehead, one wound with “significant arterial hemorrhage.” The arterial hemorrhage apparently accounted for the description of the victim as “bleeding profusely from his head,” in the police report of the incident, which the state disclosed to the defense several months before .trial. It further appears from the trial court’s per curiam that the treating physician is available to the defense if it chooses to call him as a witness in its case and defendant has not shown a reasonable likelihood that any additional expert testimony may “assist the trier of fact to understand the evidence or to determine a fact in issue.” La.C.E. art. 702.

We therefore find no abuse of discretion by the trial court in ordering the four-day recess to satisfy the court of appeal’s concerns that the defense have an adequate opportunity to review and evaluate the victim’s medical records but without the necessity of declaring a mistrial and discharging the jury.

WEIMER and JONES, JJ., would deny.


source: Caselaw Access Project

license: Public Domain

text:
    In re Willie J. NUNNERY.
    No. 2009-B-1937.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

| pursuant to Supreme Court Rule XIX, § 21(A), the Office of Disciplinary Counsel (“ODC”) filed this reciprocal discipline proceeding against respondent, Willie J. Nunnery, an attorney licensed to practice law in the States of Louisiana and Wisconsin, based upon discipline imposed by the Supreme Court of Wisconsin.

UNDERLYING FACTS AND PROCEDURAL HISTORY

On July 21, 2009, the Supreme Court of Wisconsin imposed a three-year suspension of respondent’s license to practice law based on evidence of his misconduct in seven different client matters, including the conversion of estate funds; misrepresentation to clients, a tribunal, and the Wisconsin Office of Lawyer Regulation; failure to act with diligence; improper advances of funds to a client; and multiple instances of failure to properly communicate with clients. In re Disciplinary Proceedings Against Nunnery, 769 N.W.2d 858 (Wis.2009).

Respondent notified this court of his suspension in Wisconsin. Thereafter, the ODC filed a motion to initiate reciprocal discipline in Louisiana, pursuant to Supreme Court Rule XIX, § 21. Attached to the petition was a certified copy of the order of|2the Supreme Court of Wisconsin. On September 1, 2009, we rendered an order giving respondent thirty days to raise any claim, predicated upon the grounds set forth in Supreme Court Rule XIX, § 21(D), that the imposition of identical discipline in Louisiana would be unwarranted and the reasons for that claim. Respondent failed to file any response in this court.

DISCUSSION

The standard for imposition of discipline on a reciprocal basis is set forth in Supreme Court Rule XIX, § 21(D), which provides:

D. Discipline to be Imposed. Upon the expiration of thirty days from service of the notice pursuant to the provisions of paragraph B, this court shall impose the identical discipline or disability inactive status unless disciplinary counsel or the lawyer demonstrates, or this court finds that it clearly appears upon the face of the record from which the discipline is predicated, that:

(1) The procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or
(2) Based on the record created by the jurisdiction that imposed the discipline, there was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the court could not, consistent with its duty, accept as final the conclusion on that subject; or
(3) The imposition of the same discipline by the court would result in grave injustice or be offensive to the public policy of the jurisdiction; or
(4) The misconduct established warrants substantially different discipline in this state; or
(5) The reason for the original transfer to disability inactive status no longer exists.

|3In determining the appropriate measure of reciprocal discipline, we are not required to impose the same sanction as that imposed by the state in which the misconduct occurred. Nevertheless, only under extraordinary circumstances should there be a significant variance from the sanction imposed by the other jurisdiction. In re: Aulston, 05-1546 (La.1/13/06), 918 So.2d 461.

Applying the factors set forth in Supreme Court Rule XIX, § 21(D), we see no reason to deviate from the sanction imposed by the Supreme Court of Wisconsin. Although we may well have imposed greater discipline if this misconduct had occurred in Louisiana, we find it appropriate to defer to the determination made by Wisconsin, with which we share authority over respondent. See, e.g., In re Zdravko-vich, 831 A.2d 964, 968-69 (D.C.2003) (“there is merit in according deference, for its own sake, to the actions of other jurisdictions with respect to the attorneys over whom we share supervisory authority”). Accordingly, we will impose reciprocal discipline of a three-year suspension pursuant to Supreme Court Rule XIX, § 21.

DECREE

Considering the motion for reciprocal discipline filed by the Office of Disciplinary Counsel and the record filed herein, it is ordered that Willie James Nunnery, Louisiana Bar Roll number 15027, be suspended from the practice of law for a period of three years.

       Judge Benjamin Jones of the Fourth Judicial District Court, assigned as Justice Pro Tem-pore, participating in the decision.

      . In 2007. this court imposed reciprocal discipline upon respondent in the form of a two-month suspension from the practice of law, based upon discipline imposed by the Supreme Court of Wisconsin, stemming from respondent’s failure to reduce a contingent fee to writing, neglect of legal matters, failure to communicate with clients, and failure to provide competent representations. In re:

        Nunnery, 07-0175 (La.3/23/07), 951 So.2d 1085.


text:
    Peter BECKER, Jr., et al. v. MURPHY OIL CORPORATION.
    No. 2009-CC-2316.
    Supreme Court of Louisiana.
    Oct. 23, 2009.
   In re Murphy Oil Corp.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 86-960; to the Court of Appeal, Fourth Circuit, No. 2009-C-1415.

Denied.


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-KK-2324.
    Supreme Court of Louisiana.
    Oct. 26, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 441-698; to the Court of Appeal, Fourth Circuit, No. 2009-K-1440.

Denied.

GUIDRY, J., would grant.


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-KK-2318.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 441-698; to the Court of Appeal, Fourth Circuit, No. 2009-K-1426.

Denied.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-KK-2317.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 441-698; to the Court of Appeal, Fourth Circuit, No. 2009-K-1436.

Denied.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Henry BROOKS.
    No. 2009-KK-2245.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   In re Brooks, Henry; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 486-878; to the Court of Appeal, Fourth Circuit, No. 2009-K-1252.

Denied.


text:
    STATE of Louisiana v. Robert WILKINS.
    No. 2009-KK-1124.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   In re Wilkins, Robert; — Plaintiff; Applying for Motion to Enforce this Court’s Order, dated June 5, 2009; Parish of Cal-casieu, 14th Judicial District Court, Div. A, No. 19337-04, to the Court of Appeal, Third Circuit, No. KW 08-01461.

Denied. Moot.


text:
    In re Attorney C. Gary WAINWRIGHT.
    No. 2009-OK-2240.
    Supreme Court of Louisiana.
    Oct. 28, 2009.
   In re Wainwright, C. Gary; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No.; to the Court of Appeal, Fourth Circuit, No. 2009-K-1231.

Not considered. Not timely filed.


text:
    EXXONMOBIL PIPELINE COMPANY v. UNION PACIFIC RAILROAD COMPANY.
    No. 2009-C-1629.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re ExxonMobil Pipeline Company;— Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. D, No. 65282; to the Court of Appeal, First Circuit, No. 2008 CA 2347.

Granted.


text:
    STATE of Louisiana v. Walter KOTT.
    No. 2009-KK-1667.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Kott, Walter; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 378041; to the Court of Appeal, First Circuit, No. 2009 KW 0295.

Denied.


text:
    STATE of Louisiana v. Steven A. OWENS.
    No. 2009-KK-1730.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. A, No. 150,341; to the Court of Appeal, Second Circuit, No. 44,-642-KW.

Denied.

GUIDRY, J., would grant.


text:
    STATE of Louisiana v. Joseph V. FOSTER, Jr.
    No. 2009-CP-1734.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Foster Jr., Joseph V.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. C, No. 4868; to the Court of Appeal, First Circuit, No. 2008 CA 2545.

Denied.


text:
    STATE of Louisiana v. Lawrence MITCHELL.
    No. 2009-KO-0254.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Mitchell, Lawrence; — Defendant-Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 04-1745; to the Court of Appeal, Fifth Circuit, No. 08-KA-629.

Denied.

GUIDRY, J., recused.


text:
    STATE of Louisiana v. Jammie M. WILLIAMS.
    No. 2009-KO-0266.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Williams, Jammie M.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. G, No. 110425; to the Court of Appeal, First Circuit, No. 2008 KA 1200.

Denied.


text:
    STATE of Louisiana v. Raymond MATOS.
    No. 2009-KO-0276.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Matos, Raymond; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. A, No. 418693-4 A; to the Court of Appeal, First Circuit, No. 2008 KA 1122.

Denied.


text:
    STATE of Louisiana v. Keith BREWER.
    No. 2009-KO-0251.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Brewer, Keith; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. I, No. 466-807; to the Court of Appeal, Fourth Circuit, Nos. 2007-KA-1244, 2008-KA-1037.

Denied.


text:
    STATE of Louisiana v. Scott LAURENT.
    No. 2009-KO-0243.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Laurent, Scott; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 382629; to the Court of Appeal, First Circuit, No. 2008 KA 1120.

Denied.


text:
    STATE of Louisiana v. S.L.D.
    No. 2009-KO-0245.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re D., S. L.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Beauregard, 36th Judicial District Court Div. B, No. CR 120-05; to the Court of Appeal, Third Circuit, No. OS-549.

Denied.


text:
    STATE of Louisiana v. Robert A. NEELY.
    No. 2009-KO-0248.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Neely, Robert A.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 07-3969; to the Court of Appeal, Fifth Circuit, No. 08-KA-707.

Denied.


text:
    STATE of Louisiana v. Wilbert VANBUREN.
    No. 2009-K-0206.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Vanburen, Wilbert; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 468-355; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0824.

Denied.


text:
    STATE of Louisiana v. Ronnie A. NOEL.
    No. 2009-KH-0209.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Noel, Ronnie A.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 426701-1; to the Court of Appeal, First Circuit, No. 2008 KA 0961.

Denied.


text:
    STATE of Louisiana v. Tyrone CONNER.
    No. 2009-KH-2634.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Conner, Tyrone; — Defendant(s); Applying for Motion to Enforce of this Court’s order dated November 17, 2006; Parish of Orleans, Criminal District Court Div. J, No. 445-972.

Denied. Moot. The district court has acted.


text:
    STATE of Louisiana v. Dennis CAFARELLA.
    No. 2009-K-0182.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Cafarella, Dennis;- — -Defendant; Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 603531; to the Court of Appeal, First Circuit, No. 2008 KA 1324.

Not considered. Not timely filed.


text:
    STATE of Louisiana v. Randall Scott LAURENT.
    No. 2009-K-2832.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Laurent, Randall Scott; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 404213; to the Court of Appeal, First Circuit, No. 2008 KA 0656.

Denied.

KIMBALL, C.J., would grant.

KNOLL, J., would grant.

JONES, J., would grant.


text:
    STATE of Louisiana v. Cordell SHIVERS.
    No. 2009-KO-0161.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Shivers, Cordell; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. B, No. 248,800; to the Court of Appeal, Second Circuit, No. 43,731-KA.

Denied.


text:
    STATE of Louisiana v. Jasmine SARTAIN.
    No. 2009-K-0167.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Sartain, Jasmine; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. H, No. 465-416; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0266.

Denied.


text:
    STATE of Louisiana v. Gary L. COPP.
    No. 2009-K-0186.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Copp, Gary L.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 412974; to the Court of Appeal, First Circuit, No. 2008 KA 1012.

Denied.


text:
    STATE of Louisiana v. Jimmie Darnell DIXON.
    No. 2009-K-0189.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Dixon, Jimmie Darnell; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 09-06-1058; to the Court of Appeal, First Circuit, No. 2008 KA 1038.

Denied.


text:
    STATE of Louisiana v. Candice MALONE.
    No. 2009-K-0198.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Malone, Candice; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. A, No. 75,155; to the Court of Appeal, Second Circuit, No. 43,-548-KA.

Denied.


text:
    STATE ex rel. Terrance Wayne LUKE.
    No. 2009-KH-0241.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Luke, Terrance Wayne; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div., No. 39,016; to the Court of Appeal, Second Circuit, No. 43344-KH.

Denied.


text:
    STATE ex rel. Joshua KELLY v. STATE of Louisiana.
    No. 2009-KH-0253.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Kelly, Joshua; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No.; to the Court of Appeal, Fourth Circuit, No. 2008-K-1390.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La. C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. D’Marques GILL v. STATE of Louisiana.
    No. 2009-KH-0250.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re D’Marques, Gill; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. C, No. 69,767; to the Court of Appeal, Second Circuit, No. 44204-KH.

Denied.


text:
    STATE ex rel. Corey D. BUTLER v. STATE of Louisiana.
    No. 2009-KH-0212.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Butler, Corey D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 04-354; to the Court of Appeal, Fifth Circuit, No. 07-KA-1034.

Denied.

GUIDRY, J., recused.


text:
    STATE ex rel. Bryan C. ROBERTS v. STATE of Louisiana.
    No. 2009-KH-0214.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Roberts, Bryan C.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. D, No. 242,253; to the Court of Appeal, Second Circuit, No. 44,-171-KH.

Denied.


text:
    STATE ex rel. Brad SMITH v. STATE of Louisiana.
    No. 2009-KH-0221.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Smith, Brad; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Beauregard, 36th Judicial District Court Div. A, No. CR103-2006; to the Court of Appeal, Third Circuit, No. KH 08-01079.

Denied.


text:
    STATE ex rel. Dion LEE v. STATE of Louisiana.
    No. 2009-KH-0222.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Lee, Dion; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 05-4937; to the Court of Appeal, Fifth Circuit, No. 087-KH-819.

Denied. State ex rel. Bernard v. Cr.D.C., 94-2247, p. 1 (La.4/28/95), 653 So.2d 1174, 1175.


text:
    STATE ex rel. James E. VACHUSKA, Jr. v. STATE of Louisiana.
    No. 2009-KH-0223.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Vachuska Jr., James E.; — Plaintiff; Applying For Supervisory and/or Remedíal Writs, Parish of Bossier, 26th Judicial District Court Div. A, No. 68,480-A; to the Court of Appeal, Second Circuit, No. 44,-164-KH.

Writ denied; relator’s request for a cost estimate for the reproduction of his mental health records in the possession of the Bossier Parish Jail must be addressed to the records’ custodian. R.S. 44:31; State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir.12/3/98), 742 So.2d 894. Relator is not entitled to a cost estimate for the reproduction of the other documents he seeks.


text:
    STATE ex rel. James JONES v. STATE of Louisiana.
    No. 2009-KH-0224.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Jones, James;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 99-1573; to the Court of Appeal, Fifth Circuit, No. 08-KH-1147.

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


text:
    STATE ex rel. Tommie A. BENTON v. STATE of Louisiana.
    No. 2009-KH-0226.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Benton, Tommie A.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, Criminal District Court Div. F, No. 04-F2402; to the Court of Appeal, Second Circuit, No. 42,-121-KA.

Denied.


text:
    STATE ex rel. Joseph Lee WOODS v. STATE of Louisiana.
    No. 2009-KH-0228.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Woods, Joseph Lee; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. C, No. 39,934.

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


text:
    STATE ex rel. Gary RANKIN v. STATE of Louisiana.
    No. 2009-KH-0229.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Rankin, Gary; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. F, No. 68,482-A; to the Court of Appeal, Second Circuit, No. 44,-100-KH.

Denied.


text:
    STATE ex rel. Parrish NEWMAN v. STATE of Louisiana.
    No. 2009-KH-0231.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Newman, Parrish; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 05-04-0277; to the Court of Appeal, First Circuit, No. 2008 KW 1283.

Denied.


text:
    STATE ex rel. Bobby D. BROWN v. STATE of Louisiana.
    No. 2009-KH-0232.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Brown, Bobby D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Natchitoches, 10th Judicial District Court Div. A, No. C12539; to the Court of Appeal, Third Circuit, No. OS-442.

Denied.


text:
    STATE ex rel. Michael T. RICE v. STATE of Louisiana.
    No. 2009-KH-0234.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Rice, Michael T.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Winn, 8th Judicial District Court Div., Nos. 34680, 36102, 35797; to the Court of Appeal, Second Circuit, No. 44,208-KH.

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


text:
    STATE ex rel. John KENDALL v. STATE of Louisiana.
    No. 2009-KH-0240.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Kendall, John; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 352580; to the Court of Appeal, First Circuit, No. 2008 KW 1424.

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


text:
    STATE ex rel. Anthony MARTIN v. STATE of Louisiana.
    No. 2009-KH-0200.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Martin, Anthony; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 379-125; to the Court of Appeal, Fourth Circuit, No. 2008-K-1372.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; cf. La.C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Narleski WILLIAMS v. STATE of Louisiana.
    No. 2009-KH-0204.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Williams, Narleski; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 03-F2293; to the Court of Appeal, Second Circuit, No. 44,-207-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 351; cf. La.C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Michael D. COLLINS v. STATE of Louisiana.
    No. 2009-KH-0173.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Collins, Michael D.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. F, No. 60915; to the Court of Appeal, Third Circuit, No. KH 08-01163.

Denied.


text:
    STATE ex rel. Troy WOOLRIDGE v. STATE of Louisiana.
    No. 2009-KH-0179.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Woolridge, Troy;^Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 06-2023; to the Court of Appeal, Fifth Circuit, No. 08-KA-340.

Denied.


text:
    STATE ex rel. John Reagan DIVINE v. STATE of Louisiana.
    No. 2008-KH-2953.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Divine, John Reagan; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 215,139; to the Court of Appeal, Second Circuit, No. 44,-147-KH.

Denied.


text:
    STATE ex rel. Ketron TAYLOR v. STATE of Louisiana.
    No. 2008-KH-2975.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Taylor, Ketron; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 248,146; to the Court of Appeal, Second Circuit, No. 44,-139-KH.

Denied.


text:
    STATE ex rel. Porter MAJOR v. STATE of Louisiana.
    No. 2008-KH-2714.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Major, Porter; — Plaintiff; Applying for Reconsideration of this Court’s action dated September 18, 2009; Parish of East Baton Rouge, 19th Judicial District Court Div. H, No. 10-75-2180; to the Court of Appeal, First Circuit, No. 2008 KW 1445.

Denied.


text:
    STATE ex rel. Jerry HAMLIN v. STATE of Louisiana.
    No. 2008-KH-2750.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Hamlin, Jerry; — Plaintiff; Applying for Motion to Enforce this Court’s Order dated November 26, 2008; Parish of Orleans, Criminal District Court, Div. A, No. 270-123.

Denied. Moot. The district court has acted.


text:
    In the Matter of RECORDS SEIZED ON AUGUST 27, 2008.
    No. 2009-CC-1717.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Louisiana State of; — Other; Applying For Supervisory and/or Remedial Writs, Parish of Tensas, 6th Judicial District Court Div. A, No. 22,613; to the Court of Appeal, Second Circuit, No. 44799-CW.

Denied.


text:
    In the Matter of the SUCCESSION OF Arthur L. ROBINSON.
    No. 2009-CC-1707.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Jackson, Dorothy F.; — Other; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 78,179; to the Court of Appeal, First Circuit, No. 2009 CW 0734.

Denied.


text:
    In the Matter of the SUCCESSION OF Sarnie L. WILLIAMS.
    No. 2009-C-1661.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Williams Jr., Sarnie; — Other; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 86,814; to the Court of Appeal, First Circuit, No. 2008 CA 2156.

Denied.


text:
    In re Byard EDWARDS, Jr.
    No. 2009-B-0952.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Disciplinary Counsel; — Other; Applying For Petition For Interim Suspension For Threat of Harm pursuant to Rule XIX § 19.2.

Denied.


text:
    Randy MCDONALD v. Richard STALDER, et al.
    No. 2008-CI-2700.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re McDonald, Randy; — Plaintiff; Applying for Reconsideration of this Court’s action dated September 18, 2009; Parish of West Feliciana, 20th Judicial District Court Div. A, No. 19139; to the Court of Appeal, First Circuit, No. 2008 CW 1357.

Denied.


text:
    CITY OF DENHAM SPRINGS v. Clayton WALKER.
    No. 2009-K-0308.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Clayton, Walker; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Livingston, 21st Judicial District Court Div. A, No. 0998; to the Court of Appeal, First Circuit, No. 2008 KW 2027.

Denied.


text:
    Patrick E. PHILLIPS, Jr., et al. v. G & H SEED CO., et al.
    No. 2009-C-1504.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Bernard d/b/a, James; Guidry d/b/a, Lisa; Guidry’s Crawfish; J. Bernard Seafood Processors Inc.; Phillips Jr. et al., Patrick E.; Phillips Seafood; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. D, No. 00-C-2220-D; to the Court of Appeal, Third Circuit, No. 08-934.

Denied.

KNOLL, J., recused. .

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.


text:
    Ivory Lane SIMON v. James LEBLANC, et al.
    No. 2009-CP-1556.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Simon, Ivory L.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Allen, 33th Judicial District Court Div. B, No. C2008-132; to the Court of Appeal, Third Circuit, No. CW 09-00401.

Denied.


text:
    TURNER INDUSTRIES GROUP, L.L.C. v. CORMIER SHORING & EQUIPMENT COMPANY, INC., et al.
    No. 2009-CC-1737.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Scottdale Insurance Co.;- — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 05-2305; to the Court of Appeal, Third Circuit, No. CW 09-00565.

Denied.


text:
    Lester SANDERS, et al. v. HOME OIL COMPANY, INC. and Pat Mathis Construction Company.
    No. 2009-CC-1738.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Louisiana United Businesses Self Insurers Fund; — Other; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 511464; to the Court of Appeal, First Circuit, No. 2009 CW 0698.

Denied.


text:
    Rhanella DONE v. Robert L. KING, Jr., et al.
    No. 2009-CC-1739.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Hobart Food Equipment Inc.; Illinois Tool Works Inc.; Zurich American Insurance Company; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. N, No. 2008-10062; to the Court of Appeal, Fourth Circuit, No. 2009-C-0801.

Denied.


text:
    Patricia ADELMANN-CHESTER, et al. v. John N. KENT, D.D.S., Louisiana State University School of Dentistry and Faculty Dental Practice, et al.
    No. 2009-C-1777.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Adelmann-Chester, Patricia et al.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, No. 98-18330; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0770.

Denied.


text:
    Westley John DEDE and Janice Dede v. TIP’S DEVELOPMENT, L.L.C. and Certain Underwriters at Lloyd’s.
    No. 2009-C-1779.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re FSA, L.L.C.; Lafayette Ins. Co.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 2005-7099; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0199.

Denied.


text:
    CADDO-BOSSIER PARISHES PORT COMMISSION v. LOGAN PATRI ENGINEERING, INC.
    No. 2009-CC-1780.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Caddo-Bossier Parishes Port Commission;. — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. C, No. 512,866; to the Court of Appeal, Second Circuit, No. 44780-CW.

Denied.


text:
    Earlin L. FRUGE v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY.
    No. 2009-CC-1781.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Louisiana Farm Bureau Casualty Insurance Company; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. A, No. 68299-A; to the Court of Appeal, Third Circuit, No. CW 09-00595.

Denied.

VICTORY, J., would grant.


text:
    Succession of Arthur L. ROBINSON v. Suzanne D. HARLAN and Charles G. Harlan.
    No. 2009-CC-1850.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Harlan, Charles G.; Harlan, Suzanne D. et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 545,320; to the Court of Appeal, First Circuit, No. 2009 CW 0860.

Denied.


text:
    SAFEGUARD STORAGE PROPERTIES, L.L.C., et al. v. DONAHUE FAVRET CONTRACTORS, INC., et al.
    No. 2009-CC-2063.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Safeguard Storage Properties LLC. et al.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. H, No. 2007-9359; to the Court of Appeal, Fourth Circuit, No. 2009-C-0786.

Denied.


text:
    CENTRAL LOUISIANA AMBULATORY SURGICAL CENTER, L.L.C. v. FAMILY DOLLAR STORES OF LOUISIANA, INC.
    No. 2009-CC-1732.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Family Dollar Stores of Louisiana, Inc.; — Defendant; Applying For Supervisory and/or Remedial Writs Office of Workers’ Compensation, District 02, No. 08-02983; to the Court of Appeal, Third Circuit, No. WCW 09-00550.

Denied.


text:
    Sandra Vicks CLINES v. Hilton Ray CLINES.
    No. 2009-CC-1721.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Clines, Hilton Ray; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, Nos. 2008-09866, 1992-14685; to the Court of Appeal, Fourth Circuit, No. 2009-0556.

Denied.


text:
    SA-JES INVESTMENTS, L.L.C. v. Edwin K. HUNTER, et al.
    No. 2009-CC-1725.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Tangent South II L.L.C.; Tangent South L.L.C.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 2008-4584; to the Court of Appeal, Third Circuit, No. CW 09-00477.

Denied.


text:
    Desiree GAUDET v. David MELIUS, et al.
    No. 2009-CC-1728.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Farrell & Company Inc.; Thomas III, Farrell et al.; — Third Party(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 96-16450; to the Court of Appeal, Fourth Circuit, No. 2009-C-0669.

Denied.


text:
    James David WRIGHT and Robert Wright, Jr. v. Linda Wright Gore LARSON, the Estate of Robert E. Wright, Sr., and Agent Financial Group, Inc. f/k/a the Trust Company of Louisiana.
    No. 2009-CC-1713.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Wright Jr., Robert E.; Wright, James David; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Lincoln, 3rd Judicial District Court Div. B, No. 48,475; to the Court of Appeal, Second Circuit, No. 44577-CW.

Denied.


text:
    Willis GASPARD v. NABORS DRILLING USA, LP.
    No. 2009-CC-1702.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Nabors Drilling USA, LP; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. J, No. 2008-6130-J; to the Court of Appeal, Third Circuit, No. CW 09-00571.

Denied.


text:
    Martha B. BONIN, et al. v. Brian A. VERRET, et al.
    No. 2009-C-1704.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Bonin, Martha B. et al.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. C, No. 2007-5149-C; to the Court of Appeal, Third Circuit, No. CA 09-270.

Denied.


text:
    Michael and Marie GILLESPIE v. BRANDYWINE CONDOMINIUM ASSOCIATION, INC. and State Farm Fire and Casualty Insurance Company.
    No. 2009-CC-1685.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re State Farm Fire and Casualty Insurance Company; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 499,658; to the Court of Appeal, First Circuit, No. 2009 CW 0044.

Denied.


text:
    CHRISTUS HEALTH CENTRAL LOUISIANA d/b/a Christus St. Francis Cabrini Hospital v. SAFEWAY INSURANCE COMPANY OF LOUISIANA, et al.
    No. 2009-CC-1686.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re O’Neal, Byron; Poyaras, Oscar;— Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. A, No. 233,170; to the Court of Appeal, Third Circuit, No. CW 09-00570.

Denied.


text:
    Patricia H. MINALDI v. The LOUISIANA STATE EMPLOYEES RETIREMENT SYSTEM, an Agency of the State of Louisiana.
    No. 2009-CC-1687.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Minaldi, Patricia; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 508,121; to the Court of Appeal, First Circuit, No. 2009 CW -132.

Denied.


text:
    Rita H. HOLZENTHAL, et al. v. SEWERAGE & WATER BOARD OF NEW ORLEANS.
    No. 2009-CC-1663.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Murray Law Firm; Murray, Stephen B. Jr.; — Other(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. K, Nos. 2001-16969, 2001-16972, 2001-16984; to the Court of Appeal, Fourth Circuit, No. 2009-C-0119.

Denied.


text:
    Glenn LOGAN v. BRINK’S INC., Diana Johnson, Protective Insurance Corporation, and D.L. Peterson Trust.
    No. 2009-C-1666.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Brink’s Inc., et al.; D.L. Peterson Trust; Johnson, Diana; Protective Insurance Co.;- — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 05-9381; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0001.

Denied.

VICTORY, J., would grant.

JONES, J., would grant.


text:
    Sherry WATTERS, Frances M. Breyne, Gina Recasner, Gretchen Wiltz and Wendy Lemieux, Individually, and et al. v. DEPARTMENT OF SOCIAL SERVICES, et al.
    No. 2009-C-1651.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Health & Hospitals Dept, of; Louisiana State of; Social Services Dept, of et al.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 2001-17775; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0977.

Denied.


text:
    DOUBLE-EIGHT OIL AND GAS, L.L.C. and Oak Hill Management, L.L.C. v. CARUTHERS PRODUCING COMPANY.
    No. 2009-CC-1652.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Caruthers Producing Co.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. F, No. 108422-A; to the Court of Appeal, Second Circuit, No. 44,199-CW.

Denied.


text:
    Roger Paul RICHARD and Paula Storey Richard v. PORT OF GREATER BATON ROUGE and ABC Insurance Company.
    No. 2009-CC-1653.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Richard, Paula Storey; Richard, Roger Paul et al.; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. C, No. 36565; to the Court of Appeal, First Circuit, No. 2009 CW 0324.

Denied.


text:
    Essie COOPER v. GREAT MIDWEST INSURANCE COMPANY and Piggly Wiggly, L.L.C.
    No. 2009-C-1657.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Cooper, Essie; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 554727; to the Court of Appeal, First Circuit, No. 2008 CA 2543.

Denied.


text:
    CITY OF BOSSIER CITY d/b/a Bossier Medical Center v. LOUISIANA WORKERS’ COMPENSATION SECOND INJURY BOARD.
    No. 2009-C-1623.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Bossier Medical Center; City of Bossier City d/b/a; — Plaintiff/s); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 544,043; to the Court of Appeal, First Circuit, No. 2008 CA 2084.

Denied.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    LOUISIANA STATE BAR ASSOCIATION v. CARR AND ASSOCIATES, INC. and Earl T. Carr, Jr.
    No. 2009-C-1627.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Carr and Associates Inc. et al.; Carr, Earl T. Jr.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 2006-14440; to the Court of Appeal, First Circuit, No. 2008 CA 2114.

Denied.

JOHNSON, J., would grant.


text:
    Sherry WATTERS, Frances M. Breyne, Gina Recasner, Gretchen Wiltz and Wendy Lemieux, Individually, and et al. v. DEPARTMENT OF SOCIAL SERVICES, et al.
    No. 2009-C-1638.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Breyne, Frances M.; Lemieux, Wendy; Recasner, Gina; Watters, Sherry et al.; Wiltz, Gretchen; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 2001-17775; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0977.

Denied.

JOHNSON, J., would grant.


text:
    Timothy J. GUIDRY v. J. Phil HANEY, et al., Individually, and in His Capacity as District Attorney in and for the 16th Judicial District, Parish of St. Martin.
    No. 2009-OK-0299.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Guidry, Timothy J.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Martin, 16th Judicial District Court Div. A, No. 90-71567; to the Court of Appeal, Third Circuit, No. OS-469.

Denied.


text:
    Robert J. YOUNG, Jr., Husband of and Anne S. Young v. UNITED STATES AUTOMOTIVE ASSOCIATION CASUALTY COMPANY; Robert J. Young, Jr., Husband of and Anne S. Young v. United Services Automobile Association; Robert J. Young, Jr., Husband of/and Anne S. Young v. United Services Automobile Association Casualty Company.
    No. 2009-C-1562.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Young Jr., Robert J.; Young, Anne S.; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, Nos. 2005-13279, 2006-2006; to the Court of Appeal, Fourth Circuit, Nos. 2007-CA-1590, 2007-CA-1591, 2008-CA-0543.

Denied.


text:
    Glenn MOFFETT, Alvin Brossette, Jr., and H. Sherman Vogel v. The STATE of Louisiana Through the BOARD OF SUPERVISORS FOR the UNIVERSITY OF LOUISIANA SYSTEM and/or Board of Trustees for the State Colleges and Universities.
    No. 2009-C-1662.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Brossette Jr., Alvin; Moffett, Glenn et ah; Vogel, Sherman; — Plaintiffs); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 514,498; to the Court of Appeal, First Circuit, No. 2008 CA 2540.

Denied.


text:
    Gilbert L. DOZIER, Wright Investments, L.L.C.; Orel Bridges, Jr.; Bennett Boyd Anderson, Jr.; Jane Ann Domengeaux Bayard; Julia Martha Domengeaux Moroux; Joan Marie Domengeaux Autin; Jerome E. Domengeaux, Jr.; & James H. Domengeaux v. Jean Baxter RHODUS, Henry B. Baxter, Jr., Gladys Baxter Schmidt, Mary Baxter Mannatt, the Mr. & Mrs. Donald A. Fitzgerald Partnership in Commendam, Joseph William Annison, III, Katherine Carruth Annison, Meyral Ethel Annison, NPC Services, Inc., David and Glynda Baxter Family Properties, Ltd., David Kirk Baxter, William Fugua, Leopold Weill, III, Faye Weill Bowen, Leslie Weill, Shelton and Jeanne Weill Amend.
    No. 2009-C-1647.
    Supreme Court of Louisiana.
    Oct. 30, 2009.
   In re Weill, Leopold III; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 532468; to the Court of Appeal, First Circuit, No. 2008 CA 1813.

Denied.

JOHNSON, J., would grant.

VICTORY, J., would grant.


text:
    STATE of Louisiana v. Derrick GRIFFIN.
    No. 2009-KK-2074.
    Supreme Court of Louisiana.
    Nov. 4, 2009.
   In re Griffin, Derrick; — Defendant; Applying For Writ of Mandamus and/or Writ of Prohibition, Parish of St. Helena, 21st Judicial District Court Div. G, No. 16143; to the Court of Appeal, First Circuit, No. 2009 KW 1312.

Writ denied. Stay lifted.


text:
    MECHANICAL SYSTEMS & SERVICE, INC. v. DEAN HART CONSTRUCTION, L.L.C.
    No. 2009-CC-2319.
    Supreme Court of Louisiana.
    Nov. 4, 2009.
   In re Dean Hart Construction L.L.C.;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. D, No. 08-3631; to the Court of Appeal, Second Circuit, No. 45026-CW.

Writ denied, stay denied.


text:
    Gloria YOUNG and 1st Choice Realty, L.L.C. v. E. Bartwell COX and Lisa F. Cox d/b/a Louisiana Direct.
    No. 2009-C-1654.
    Supreme Court of Louisiana.
    Nov. 4, 2009.
   In re Cox, E. Bartwell et al.; Cox, Lisa F. d/b/a; Louisiana Direct; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 477,826; to the Court of Appeal, First Circuit, No. 2008 CA 2089.

Denied.


text:
    Cynthia M. GOULD v. AFC ENTERPRISES, INC. and Liberty Mutual Insurance Company.
    No. 2009-CC-2402.
    Supreme Court of Louisiana.
    Nov. 5, 2009.
   In re Gould, Cynthia M.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 632-960; to the Court of Appeal, Fifth Circuit, No. 09-C-931.

Denied.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Vincent M. CASTILLO.
    No. 2009-KK-1358.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Indigent Defender Board; — Other; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, First Parish Court of Jefferson, No. F1680698; to the Court of Appeal, Fifth Circuit, No. 09-KH-291.

Granted.


text:
    STATE of Louisiana v. Bradley Joseph BROWN.
    No. 2009-OK-0393.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Brown, Bradley Joseph; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. C, No. 02-K-1347; to the Court of Appeal, Third Circuit, No. CW 08-01313.

Not considered; not timely filed.


text:
    STATE of Louisiana v. Kenneth DUROSSEAU.
    No. 2009-KH-0294.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Durosseau, Kenneth; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. B, No. 44849F; to the Court of Appeal, Third Circuit, No. CW 08-01274.

Denied.


text:
    STATE of Louisiana v. Robert Fitzgerald WASHINGTON.
    No. 2009-KH-0296.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Washington, Robert Fitzgerald;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. D, No. 234,995; to the Court of Appeal, Second Circuit, No. 43,735-KA.

Denied.


text:
    STATE of Louisiana v. Marcus Lamont DOTIE.
    No. 2009-K-0310.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Dotie, Marcus Lamont; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. H, No. 260,858; to the Court of Appeal, Second Circuit, No. 43,819-KA.

Denied.


text:
    STATE of Louisiana v. Derrick S. JONES.
    No. 2009-K-0311.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Jones, Derrick S.; — Defendant; Applying For, Parish of Ouachita, 4th Judicial District Court Div. F, No. 04F2812; to the Court of Appeal, Second Circuit, No. 41,672-KA.

Denied.

JONES, J., recused.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. James L. MCGRAW.
    No. 2009-K-0317.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re McGraw, James L.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. G, No. 05-F3310-3; to the Court of Appeal, Second Circuit, No. 43,778-KA.

Denied.


text:
    STATE of Louisiana v. Eric WILLIAMS.
    No. 2009-K-0330.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 02-3223; to the Court of Appeal, Fifth Circuit, No. 08-KA-556.

Denied.

GUIDRY, J., recused.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Robert E. BOURGEOIS, Sr.
    No. 2009-K-0336.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Bourgeois, Sr., Robert E.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. C, No. 99-2714; to the Court of Appeal, Fifth Circuit, No. 08-KA-457.

Denied.


text:
    STATE of Louisiana v. Robert Fitzgerald WASHINGTON.
    No. 2009-KH-0354.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Washington, Robert Fitzgerald;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. D, No. 234,995; to the Court of Appeal, Second Circuit, No. 43,735-KA.

Denied.


text:
    STATE of Louisiana v. Rodney MORRISON.
    No. 2009-KO-0362.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Morrison, Rodney;- — Defendant; Applying For Writ of Cei'tiorari and/or Review, Parish of Morehouse, 4th Judicial District Court Div. G, No. 06865-F; to the Court of Appeal, Second Circuit, No. 43,-815-KA.

Denied.


text:
    STATE of Louisiana v. Shedrick Eugene ALEXANDER.
    No. 2009-KO-0368.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Alexander, Shedrick Eugene;— Defendant; Applying For Writ of Certio-rari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. G, No. 05F1066; to the Court of Appeal, Second Circuit, No. 43,796-KA.

Denied.


text:
    STATE of Louisiana v. Samuel Lynn SPEED.
    No. 2009-KO-0372.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Speed, Samuel Lynn; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. D, No. 249,735; to the Court of Appeal, Second Circuit, No. 43,-786-KA.

Denied.


text:
    STATE of Louisiana v. Kendrelle BROWN.
    No. 2009-KO-Q390.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Brown, Kendrelle; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 469-700; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0739.

Denied.


text:
    STATE of Louisiana v. Michael Weldon SMITH.
    No. 2009-K-0407.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Smith, Michael W.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. B, No. 04-1962; to the Court of Appeal, Third Circuit, No. 07-1443.

Denied.


text:
    STATE of Louisiana v. Hugo D. CABOS.
    No. 2009-K-0423.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Cabos, Hugo D.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Livingston, 21st Judicial District Court Div. E, No. 21415; to the Court of Appeal, First Circuit, No. 2008 KA 1078.

Denied.


text:
    STATE of Louisiana v. Vester JOHNSON.
    No. 2009-K-0464.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Johnson, Vester; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Red River, 39th Judicial District Court Div., No. 101,994; to the Court of Appeal, Second Circuit, No. 43,-843-KA.

Denied.


text:
    STATE of Louisiana v. Clinton JONES.
    No. 2009-KK-1720.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Jones, Clinton; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. 4, No. 483-727; to the Court of Appeal, Fourth Circuit, No. 2009-K-0576.

Denied.


text:
    STATE of Louisiana v. Lon HUNTER.
    No. 2009-KK-1885.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Hunter, Lon; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 03-08-0561; to the Court of Appeal, First Circuit, No. 2009 KW1079.

Denied.


text:
    STATE ex rel. Brian RIDGLEY.
    No. 2009-KO-0374.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Ridgley, Brian; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. H, No. 05-5209; to the Court of Appeal, Fifth Circuit, No. 08-KA-675.

Denied.


text:
    STATE ex rel. Frankie CLARKSON v. STATE of Louisiana.
    No. 2009-KH-0302.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Clarkson, Frankie; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bienville, 2nd Judicial District Court Div. C, No. 36,349; to the Court of Appeal, Second Circuit, No. 42785-KH.

Denied.


text:
    STATE ex rel. Arthur DAVIS v. STATE of Louisiana.
    No. 2009-KH-0304.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Davis, Arthur; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 102529; to the Court of Appeal, First Circuit, No. 2008 KW 2056.

Denied.


text:
    STATE ex rel. Albert MATTHEWS v. STATE of Louisiana.
    No. 2009-KH-0306.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Matthews, Albert; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. D, No. 92-F-1032; to the Court of Appeal, Second Circuit, No. 44,-263-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; cf. La. C.Cr.P. art. 930.4(A).


text:
    STATE ex rel. Wesley WILSON v. STATE of Louisiana.
    No. 2009-KH-0297.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Wilson, Wesley; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 379-459; to the Court of Appeal, Fourth Circuit, No. 2008-K-1466.

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. See also La. C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Henry SCOTT v. STATE of Louisiana.
    No. 2009-KH-0298.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Scott, Henry; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 479-387; to the Court of Appeal, Fourth Circuit, No. 2008-K-1386.

Denied.


text:
    STATE ex rel. Louis RUFFINS v. STATE of Louisiana.
    No. 2009-KH-0181.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Ruffins, Louis; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 149,966; to the Court of Appeal, Second Circuit, No. 44,-173-KH.

Denied.


text:
    STATE ex rel. Louis RUFFINS v. STATE of Louisiana.
    No. 2009-KH-0225.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Ruffins, Louis; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 149,966; to the Court of Appeal, Second Circuit, No. 44,-173-KH.

Denied.


text:
    STATE ex rel. Hubert MARTIN, III v. STATE of Louisiana.
    No. 2009-KH-0244.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Martin III, Hubert; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. C, No. 50-43,914; to the Court of Appeal, Third Circuit, No. KH 08-1086.

Denied.


text:
    STATE ex rel. Christopher LAMBERT v. STATE of Louisiana.
    No. 2009-KH-0247.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Lambert, Christopher; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 396-096; to the Court of Appeal, Fourth Circuit, No. 2008-K-1161.

Denied. Repetitive. Cf. La.C.Cr.P. art. 930.4(D).


text:
    STATE ex rel. Anthony SMITH v. STATE of Louisiana.
    No. 2009-KH-0249.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Smith, Anthony; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. B, No. 99CR760; to the Court of Appeal, First Circuit, No. 2008 KW 1647.

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. Cornell KING v. STATE of Louisiana.
    No. 2009-KH-0252.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re King, Cornell; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 03-3623; to the Court of Appeal, Fifth Circuit, No. 08-KH-1196.

Denied.

GUIDRY, J., recused.


text:
    STATE ex rel. Stephon JAMES v. STATE of Louisiana.
    No. 2009-KH-0263.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Stephon, James; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 843846; to the Court of Appeal, First Circuit, No. 2008 KW 1679.

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


text:
    STATE ex rel. Andrew Kelly PLATT v. STATE of Louisiana.
    No. 2009-KH-0265.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Platt, Andrew Kelly; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. C, No. 253,348; to the Court of Appeal, Second Circuit, No. 43,-708-KA.

Denied.


text:
    STATE ex rel. Khalfani M. KAMAU v. STATE of Louisiana.
    No. 2009-KH-0267.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Kamau, Khalfani M.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. C, Nos. 140,035, 140,-036; to the Court of Appeal, Second Circuit, Nos. 43,647-KA, 43,648-KA.

Denied.


text:
    STATE ex rel. Michael MOREHEAD v. STATE of Louisiana.
    No. 2009-KH-0269.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Morehead, Michael; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 310142; to the Court of Appeal, First Circuit, No. 2008 KW 1869.

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.

WEIMER, J., recused.


text:
    STATE ex rel. Donnie Ray TAYLOR v. STATE of Louisiana.
    No. 2009-KH-0272.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Taylor, Donnie Ray; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. B, No. 122320-B; to the Court of Appeal, Second Circuit, No. 44226-KH.

Denied.


text:
    STATE ex rel. Michael MOREHEAD v. STATE of Louisiana.
    No. 2009-KH-0273.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Morehead, Michael; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 273090; to the Court of Appeal, First Circuit, No. 2008 KW 1877.

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.

WEIMER, J., recused.


text:
    STATE ex rel. Stephen WINDSOR v. STATE of Louisiana.
    No. 2009-KH-0278.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Windsor, Stephen; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 389-171; to the Court of Appeal, Fourth Circuit, No. 2008-K-1420.

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. Kenneth DUROSSEAU v. STATE of Louisiana.
    No. 2009-KH-0398.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Durosseau, Kenneth; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 18th Judicial District Court Div. B, No. 44,849-FB; to the Court of Appeal, Third Circuit, No. KH 08-00644.

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:
    SUCCESSION OF Anthony Lester TERRANOVA, etc.
    No. 2009-CC-1789.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Nastasi, Nina Rose Terranova; Terranova, Benjamin A.; Terranova, Lorraine Wild; — Other(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 07-13725; to the Court of Appeal, Fourth Circuit, No. 2009-C-0710.

Denied.


text:
    TOWN OF BRUSLY v. George M. “Skipper” GRADY.
    No. 2009-C-1909.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Court Street Development L.L.C.; Grady, George M. “Skipper” et al.; — Defendants); Applying For Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, No. 35,250; to the Court of Appeal, First Circuit, No. 2009 CA 0238.

Denied.


text:
    ROBERSON ADVERTISING SERVICE, LLC d/b/a St. Bernard News v. LAFAYETTE INSURANCE COMPANY.
    No. 2009-CC-2128.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Lafayette Insurance Company;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. E, No. 106-767; to the Court of Appeal, Fourth Circuit, No. 2009-C-0987.

Denied.


text:
    D’ARGENT PROPERTIES, LLC and Stratmore, LLC v. CITY OF SHREVEPORT.
    No. 2009-C-1726.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Shreveport, City of; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 521,014; to the Court of Appeal, Second Circuit, No. 44,-457-CA.

Denied.

VICTORY, J., would grant.

GUIDRY, J., would grant.


text:
    TOWN OF BRUSLY v. George M. “Skipper” GRADY and Court Street Development, L.L.C.
    No. 2009-CC-1782.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Court Street Development L.L.C.; Grady, George M. “Skipper” et al.; — Defendants); Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, No. 35,250; to the Court of Appeal, First Circuit, No. 2009 CW 0792.

Denied.


text:
    Joseph DELEON, Individually and on Behalf of the Estate of Autumn Stokes Deleon v. WILLIS-KNIGHTON MEDICAL CENTER, d/b/a WK Bossier Health Center, ABC Insurance Company, and Allstate Insurance Company.
    No. 2009-CC-1785.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Willis-Knighton Medical Center d/b/a et al.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. B, No. 123174; to the Court of Appeal, Second Circuit, No. 44821-CW.

Denied.

VICTORY, J., would grant.

JONES, J., would grant.


text:
    Philip BELL, Franklin Mercantile, IIII, Inc. and First Franklin Company, Inc. v. Charles G. GLASER.
    No. 2009-C-1790.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Bell, Philip et al.; Franklin Mercantile, IIII, Inc.; First Franklin Co. Inc.; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, No. 2005-10240; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0279.

Denied.


text:
    PCS NITROGEN FERTILIZER, L.P., Hanson J. Leonard and Cheryl Chris v. Chanelle O’BEAR.
    No. 2009-CC-1793.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re O’Bear, Chanelle;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 67,190-67,199; to the Court of Appeal, First Circuit, No. 2009 CW 0467.

Denied.

KNOLL, J., would grant.


text:
    Reverend Randy P. ROUX, Anna F. Roux and Jill Micelle v. Robert C. PFLUEGER, III, Paul Geohegan, Judith McCarthy Camhout, Daniel J. Laurent, Ricky Suprean, Reverend Gilmer J. Martin and Geraldine Stucki.
    No. 2009-C-1799.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Micelle, Jill; Roux, Anna F.; Roux, Reverend Randy P. et al.;—Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. E, No. 2002-1329; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0009.

Denied.


text:
    Dwain RAYMOND v. VIDEO INSPECTION SERVICES, INC. and XYZ Insurance Company.
    No. 2009-C-1811.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Raymond, Dwain; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, No. 595-353; to the Court of Appeal, Fifth Circuit, No. 09-CA-38.

Denied.


text:
    George H. CONRAD, Brian Arthur and All Those Similarly Situated v. LAMARQUE FORD, INC.
    No. 2009-C-1819.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Lamarque Ford Inc.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 590-742; to the Court of Appeal, Fifth Circuit, No. 08-CA-673.

Denied.

VICTORY, J., would grant.

WEIMER, J., would grant.

GUIDRY, J., would grant.


text:
    Eleanor Ann Davis ELDERS, et al. v. UNOPENED SUCCESSION OF Olga K. DAVIS.
    No. 2009-C-1831.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Unopened Succession of Olga K. Davis; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Con-cordia, 7th Judicial District Court Div. B, No. 42,615; to the Court of Appeal, Third Circuit, No. 09-132.

Denied.

VICTORY, J., would grant.

GUIDRY, J., would grant.


text:
    Shelia LEWIS, et al. v. GULFWAY TERRACE, INC., et al.
    No. 2009-CC-1841.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Century Pacific Housing Partnership VII; Kennedy, Bridget; — Defendants); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. N, No. 03-9942; to the Court of Appeal, Fourth Circuit, No. 2009-C-0835.

Denied.

VICTORY, J., would grant.

KNOLL, J., would grant.


text:
    George ALBERT and Theresa Albert v. CONTINENTAL CASUALTY COMPANY, Marvin Gros, A Professional Law Corporation and Marvin Gros.
    No. 2009-CC-1842.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Continental Casualty Company et al.; Gros, Marvin; Marvin Gros, A Professional Law Corporation; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 572-036; to the Court of Appeal, First Circuit, No. 2009 CW 0651.

Denied.

KIMBALL, C.J., would grant.


text:
    MAGNOLIA ENTERPRISES, L.L.C. v. MORRISON INSURANCE AGENCY, INC., et al.
    No. 2009-CC-1871.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Magnolia Enterprises L.L.C.;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2007-1849; to the Court of Appeal, Fourth Circuit, No. 2009-C-0475.

Denied.


text:
    Edgar CASON v. STATE of Louisiana DEPARTMENT OF WILDLIFE AND FISHERIES, Roy S. Schufft and Jason Clinton.
    No. 2009-C-1872.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Cason, Edgar; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Red River, 39th Judicial District Court Div., No. 34,193; to the Court of Appeal, Second Circuit, No. 44,474-CA.

Denied.


text:
    Woodrow HARRELL v. Glynn HALL, Black’s Auto and State Farm Mutual Automobile Insurance Company.
    No. 2009-CP-1873.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Harrell, Woodrow; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 34,409; to the Court of Appeal, First Circuit, No. 2008 CA 2467.

Denied.


text:
    John SMITH v. BAYOU STEEL CORPORATION.
    No. 2009-CC-1724.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Bayou Steel Corp.; — Defendant; Applying For Supervisory and/or Remedial Writs Office of Workers’ Compensation District 8, No. 07-08653; to the Court of Appeal, Fourth Circuit, No. 2009-C-0572.

Denied.

VICTORY, J., would grant.


text:
    NEAL AUCTION COMPANY, INC. v. LAFAYETTE INSURANCE COMPANY and Eustis Insurance, Inc.
    No. 2009-C-1499.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Lafayette Insurance Co. et al.;— Defendant; Applying For Writ of Certio-rari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 06-8672; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0574.

Denied.

KIMBALL, C.J., would grant.

VICTORY, J., would grant.

JONES, J., would grant.


text:
    NEAL AUCTION COMPANY, INC. v. LAFAYETTE INSURANCE COMPANY and Eustis Insurance, Inc.
    No. 2009-C-1608.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Neal Auction Co. Inc.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. I, No. 06-8672; to the Court of Appeal, Fourth Circuit, No. 2008-CA-0574.

Denied.

KIMBALL, C.J., would grant.

VICTORY, J., would grant.

JONES, J., would grant.


text:
    Freddie CANN v. LOUISIANA DEPARTMENT OF PROBATION AND PAROLE.
    No. 2009-CI-0300.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Cann, Freddie; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 540699; to the Court of Appeal, First Circuit, No. 2008 CW 0715.

Denied.


text:
    Jerrod A. WILSON v. N. Burl CAIN.
    No. 2009-CI-0264.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Wilson, Jerrod A.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. B, No. 08-WCR-304; to the Court of Appeal, First Circuit, No. 2008 CW 2210.

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. 351. See also La.C.Cr.P. art. 930.4(D).


text:
    Willie Mae AMBROSE v. CITY OF NEW IBERIA.
    No. 2009-C-1843.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Ambrose, Willie Mae; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. D, No. 99,514-D; to the Court of Appeal, Third Circuit, No. OS-1197.

Not considered, not timely filed.


text:
    Michael HUDSPETH v. ALLSTATE INSURANCE COMPANY and Cinalyn McConnell.
    No. 2009-C-1881.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   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. 2009 CA 0120.

Not considered, not timely filed.


text:
    Michael HUDSPETH v. ALLSTATE INSURANCE COMPANY and Cinalyn McConnell.
    No. 2009-C-1882.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   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. 2009 CA 0119.

Writ not considered; not timely filed.


text:
    Reynolds RIGNEY and Jake Schnapp v. DEPARTMENT OF POLICE.
    No. 2009-C-1063.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Schnapp, Jake; — Plaintiff; Applying for Reconsideration of this Court’s action dated September 25, 2009; City Civil Service Commission Orleans, Nos. 7412, 7410; to the Court of Appeal, Fourth Circuit, No. 2008-CA-1435.

Not considered. See Louisiana Supreme Court Rule IX, Section 6.


text:
    Reynolds RIGNEY and Jake Schnapp v. DEPARTMENT OF POLICE.
    No. 2009-C-1069.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Rigney, Reynolds; — Plaintiff; Applying for Reconsideration of this Court Action dated September 25, 2009; City Civil Service Commission Orleans, Nos. 7410, 7412; to the Court of Appeal, Fourth Circuit, No. 2008-CA-1435.

Not considered. See Louisiana Supreme Court Rule IX, Section 6.


text:
    Roman FORD v. DEPARTMENT OF CORRECTIONS, et al.
    No. 2009-CP-1301.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Ford, Roman; — Plaintiff; Applying for Reconsideration of this Court’s action dated September 25, 2009; Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 559,208; to the Court of Appeal, First Circuit, No. 2009 CA 0103.

Not considered. See Louisiana Supreme Court Rule IX, Section 6.


text:
    NATIONAL INTERSTATE INSURANCE COMPANY v. Loyette COLLINS, et al.
    No. 2009-C-1214.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re National Interstate Insurance Company; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 545,938; to the Court of Appeal, First Circuit, No. 2008 CA 0693.

Granted. We find the Uninsured/Un-derinsured Motorist Bodily Injury Coverage Form in this matter satisfies the six-part test enunciated in Duncan v. U.S.A.A. Ins. Co., 06-363 (La.11/29/06), 950 So.2d 544; see Harper v. Direct General Insurance Company, et al., 08-2874 (La.2/13/09), 2 So.3d 418. While the facts in Hamper are distinguishable from this matter in that the named insured was printed on the form, Harper reiterates that in Duncan this Court used the disjunctive “or” with regard to the completion of task “3” stating that “printing the name of the named insured or legal representative” satisfies task “3.” Hamper, 2 So.3d at 419. As such, because there was no question as to which policy was involved and the legal representative’s name was printed on the waiver form, it is valid. The Court of Appeal’s ruling is reversed and the judgment of the trial court is reinstated.


text:
    Willie J. ZENO, Sr. v. The LOUISIANA ATTORNEY DISCIPLINARY COUNSEL.
    No. 2009-O-1836.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Zeno Sr., Willie J.; — Plaintiff; Applying For Applying for Review of the Louisiana Attorney Disciplinary Counsel’s actions.

Denied.


text:
    Michael DUNN & the Class of Similarly Situated Persons, Kenner Fire Fighters Association Local 1427, I.A.F.F. v. CITY OF KENNER.
    No. 2009-C-1108.
    Supreme Court of Louisiana.
    Nov. 6, 2009.
   In re Michael Dunn, and Kenner Fire Fighters Association, Local 1427, I.A.F.F. Applying for Reconsideration of this Courts action dated September 18, 2009; Parish of Jefferson, 24th Judicial District Court, Div. D, No. 588-802; to the Court of Appeal, Fifth Circuit, No. 2008-CA-378. Reconsideration denied.

JOHNSON, J., would grant reconsideration.


author: GAIDRY, J.

text:
    Darrin ROBINSON v. Richard L. STALDER, Secretary, Department of Public Safety and Corrections, N. Burl Cain and James M. Leblanc, Warden, Dixon Correctional Institute.
    No. 2008 CA 0495.
    Court of Appeal of Louisiana, First Circuit.
    Sept. 23, 2008.
    Rehearing Denied Dec. 15, 2008.
    Darrin Robinson, Jackson, Louisiana, Plaintiff/Appellant, In Proper Person.
    Melinda Long, Jonathan R. Vining, Baton Rouge, Louisiana, for Defendant/Ap-pellee, Richard Stalder.
    Before KUHN, GUIDRY, and GAIDRY, JJ.
   GAIDRY, J.

12This appeal is from a judgment of the 19th Judicial District Court dismissing a prisoner’s petition for judicial review. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Darrin Robinson, a prisoner in the custody of the Department of Corrections (Department), filed a petition for judicial review in the 19th Judicial District Court, claiming that the Department was miscalculating his sentence. The pertinent background information is as follows: On November 5, 1991, Robinson was sentenced by the Criminal District Court for the Parish of Orleans to twenty-five years for aggravated burglary (“count 1”) and six years for simple burglary of an inhabited dwelling (“count 2”). The two sentences were to run consecutively. On November 19, 1991, Robinson was adjudicated an habitual offender. According to the minute entry for that date, the trial court vacated Robinson’s original sentence on count 1 and sentenced him as a habitual offender to fifty years.

Robinson appealed his convictions and sentences, which were affirmed by the Fourth Circuit in an unpublished opinion. State v. Robinson, 94-0434 (La.App. 4 Cir. 10/27/94), 644 So.2d 1166, writ denied, 94-2882 (La.6/23/95), 656 So.2d 1009. In this opinion, the Fourth Circuit noted that although Robinson assigned as error the fact that the trial court failed to vacate the original sentence on count 1 before imposing a sentence on the multiple bill, and although the transcript does not reflect that the trial court stated that the sentence was vacated, “the commitment order signed by the | judge affirmatively vacates the sentence imposed previously on the defendant. The appellant has cited no authority which would suggest that the commitment order signed by the trial judge is insufficient.” Id.

Robinson later initiated Administrative Remedy Procedure No. LSP-98-2618, seeking to be declared eligible for good time credits and disputing the validity of the November 19, 1991 habitual offender sentence. After exhausting his administrative remedies, Robinson filed a petition for judicial review in the 19th Judicial District Court. The court rendered judgment on September 8, 2000 in favor of Robinson, finding that his November 19, 1991 habitual offender sentence was invalid and without effect because the certified transcript of that sentencing reflects that the trial court failed to vacate Robinson’s original twenty-five year sentence on count 1 before resentencing him as a habitual offender. The judgment of the 19th Judicial District Court ordered the Department to amend its records to reflect that Robinson is serving the twenty-five year sentence imposed on November 5, 1991.

On October 26, 2000, the State filed a motion in Orleans Criminal District Court to correct an illegal sentence. After an October 30, 2000 hearing, the court vacated Robinson’s original sentence on count 1 and resentenced him as an habitual offender to fifty years, the same habitual offender sentence imposed on November 19, 1991.

Robinson appealed this October 30, 2000 resentencing to the Fourth Circuit. The Fourth Circuit, noting that the 19th Judicial District Court lacked jurisdiction to change Robinson’s sentence and that “the issue of the earlier sentence not being vacated prior to the imposition of the habitual offender sentence was resolved in this court’s 1994 [unpublished] opinion in 14this matter,” held that the November 19, 1991 sentence on count 1 was in compliance with the law and reinstated that fifty year sentence.

Robinson then filed Administrative Remedy Procedure No. DCI-2006-281 on March 23, 2006, requesting that his sentence be computed in accordance with the 19th Judicial District Court’s judgment, i.e., the November 5, 1991 twenty-five year sentence on count 1. After all administrative remedies were exhausted and his request was denied, Robinson filed a petition for judicial review in the 19th Judicial District Court, which dismissed his petition with prejudice, finding that the Department is required to carry out the most recent ruling regarding Robinson’s sentence, which in this case would be the decision of the Fourth Circuit reinstating the November 19, 1991 habitual offender sentence, and any arguments that that sentence was incorrect should be made to a court with supervisory and appellate jurisdiction over that court.

It is from this judgment dismissing his petition for judicial review that Robinson filed the instant appeal, arguing that the 19th Judicial District Court erred in failing to order the Department to carry out the November 5, 1991 sentence. We disagree and affirm the ruling of the 19th Judicial District Court dismissing Robinson’s petition for judicial review.

DISCUSSION

Louisiana Revised Statutes 15:1177, which governs judicial review of administrative acts, provides in part:

A. Any offender who is aggrieved by an adverse decision, excluding decisions relative to delictual actions for injury or damages, by the Department of Public Safety and Corrections or a contractor operating a private prison facility rendered pursuant to any administrative remedy procedures under this Part may, within thirty days after receipt of the decision, seek judicial review of the decision only in the Nineteenth Judicial District Court or, if the offender is in the physical custody of the sheriff, in the district court having | ¡jurisdiction in the parish in which the sheriff is located, in the manner hereinafter provided:
(9) The court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional or statutory provisions.
(b) In excess of the statutory authority of the agency.
(c) Made upon unlawful procedure.
(d) Affected by other error of law.
(e) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(f) Manifestly erroneous in view of the reliable, probative and substantial evidence on the whole record. In the application of the rule, where the agency has the opportunity to judge the credibility of witnesses by firsthand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency’s determination of credibility issues.

After a thorough review of the record, it is clear that the district court did not err in affirming the administrative decision. Louisiana Code of Criminal Procedure article 882 provides that an illegal sentence may be corrected at any time by the court that imposed the sentence or an appellate court on review. The 19th Judicial District Court was without authority on a petition for judicial review to correct Robinson’s illegal sentence; however, the Orleans Criminal District Court and the Fourth Circuit could correct such a sentence at any time. The Department’s duty is to carry out the sentence imposed by the sentencing court. Robinson’s arguments to the contrary on appeal are without merit.

DECREE

The judgment of the 19 Judicial District Court dismissing Robinson’s petition for judicial review is affirmed. Costs of this appeal are assessed to Robinson.

AFFIRMED.

      . Although the appellate record does not contain the transcript from the November 19, 1991 sentencing, the parties agree that the transcript from that date does not contain a statement from the trial court that the original twenty-five year sentence was vacated.