text:
    In re Brian J. PRENDERGAST.
    No. 2009-B-2346.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent engaged in a consensual sexual relationship with a client. Prior to the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline in which respondent admitted that his conduct violated Rules 1.7(a)(2) (conflicts of interest) and 8.4(a) (violation of the Rules of Professional Conduct) of the Rules of Professional Conduct. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Brian J. Prendergast, Louisiana Bar Roll number 14335, be suspended from the practice of law in Louisiana for a period of ninety days. This suspension shall be fully deferred, subject to respondent’s successful completion of an additional eight hours of continuing legal education, four each in the areas of ethics and professionalism.

IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.


source: Caselaw Access Project

license: Public Domain

text:
    In re Michelle C. RIVERO.
    No. 2008-OB-2099.
    Supreme Court of Louisiana.
    Dec. 16, 2009.
   ORDER

Considering the “Termination of Conditional Admission” filed by the Office of Disciplinary Counsel,

IT IS ORDERED that the probationary period imposed by this court in In re: Rivero, 08-2099 (La.9/19/08), 990 So.2d 736, be and hereby is terminated, as the court finds petitioner has successfully complied with all terms of probation.

/s/ Bernette J. Johnson Justice, Supreme Court of Louisiana


author: PER CURIAM.

text:
    In re Jamilla A. BYNOG.
    No. 2009-OB-2609.
    Supreme Court of Louisiana.
    Dec. 16, 2009.
   ON APPLICATION FOR ADMISSION TO THE BAR

PER CURIAM.

After reviewing the evidence and considering the law, we conclude petitioner, Jam-illa A. Bynog, is immediately eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of one year. The probationary period shall commence from the date petitioner, the Office of Disciplinary Counsel, and the probation monitor execute a formal probation plan. During the probationary period, petitioner shall comply with all of the terms and conditions of the consent agreement executed by her with the Louisiana Supreme Court Committee on Bar Admissions, and such other conditions as may be imposed upon her by the Office of Disciplinary Counsel. Should petitioner fail to make a good faith effort to satisfy these conditions, or should she commit any misconduct during the period of probation, her conditional right to practice may be terminated or she may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.

CONDITIONAL ADMISSION GRANTED.


text:
    In re Sean A. BLONDELL.
    No. 2009-OB-2608.
    Supreme Court of Louisiana.
    Dec. 16, 2009.
   ON APPLICATION FOR ADMISSION TO THE BAR

PER CURIAM.

After reviewing the evidence and considering the law, we conclude petitioner, Sean A. Blondell, is immediately eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of two years. The probationary period shall commence from the date petitioner, the Office of Disciplinary Counsel, and the probation monitor execute a formal probation plan. During the probationary period, petitioner shall comply with all of the terms and conditions of the consent agreement executed by him with the Louisiana Supreme Court Committee on Bar Admissions, and such other conditions as may be imposed upon him by the Office of Disciplinary Counsel. Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.

CONDITIONAL ADMISSION GRANTED.


text:
    STATE of Louisiana v. Christina HERRERA.
    No. 2009-KK-1783.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   PER CURIAM.

|!Writ Granted. The trial court erred in granting the defense motion to suppress. A law enforcement officer may approach any person and ask simple questions without a requirement of reasonable suspicion of criminal activity. State v. Sherman, 05-0779, p. 7 (La.04/04/06), 931 So.2d 286, 291. Mere communications between officers and citizens implicate no Fourth Amendment concerns where there is no coercion or detention. Id. An officer’s request for identification does not turn the encounter into a forcible detention unless the request is accompanied by an unmistakable show of official authority indicating to the person that he or she is not free to leave. I.N.S. v. Delgado, 466 U.S. 210, 216, 104 S.Ct. 1758, 1762, 80 L.Ed.2d 247 (1984); Sherman, 05-0779 at 7, 931 So.2d at 291.

The distinction between a permissible encounter and a seizure was set forth in Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229 (1983). The Court held that “law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.... ” Id. The Court also noted that a permissible 12encounter is not converted into a seizure by “the fact that the officer identifies himself as a police officer, without more....” Id.

In this case, as the defendant walked toward the police officer on a train station platform, the officer identified himself, displayed his badge, and asked the defendant if she would voluntarily speak with him. There was no coercion, and she was free to decline. After receiving her consent, he asked to see her ticket, which he viewed and returned. He then asked if he could inspect her luggage. She freely agreed to these requests. The consensual encounter did not rise to the level of a seizure or even an investigatory stop. Accordingly, the ruling of the trial court, granting the defendant’s motion to suppress is reversed, and the motion is hereby denied. This case is remanded for further proceedings.


text:
    STATE of Louisiana v. Emile MATTHEWS.
    No. 2009-KP-4193.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 10-99-638; to the Court of Appeal, First Circuit, No. 2008 KW 2163.

GRANTED. The order of the court of appeal directing the district court to conduct a hearing solely on Relator’s Brady claim is vacated. Relator alleges that the State did not turn over to the defense a statement in which a witness purportedly identified another person as the shooter. In light of the fact that Relator’s own statement revealed that he participated in the robbery in which the victim was shot and killed, the State’s statement could not satisfy the materiality standard of Kyles v. Whitley, 514 U.S. 419, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995), because it would not absolve Relator of the crime of which he was convicted.

/s/Marcus R. Clark Justice, Louisiana Supreme Court


text:
    STATE of Louisiana v. Ronald CARLISLE.
    No. 2009-KP-0474.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   PER CURIAM.

Writ granted; sentence and probation revocation reinstated. The Second Circuit Court of Appeal erred when it ordered relator’s sentence vacated and remanded for resentencing. Although relator’s sentence, agreed upon pursuant to a plea bargain, to a term of incarceration exceeding 60 days without ordering that he undergo a substance abuse evaluation was rendered illegal by this Court’s decision in State v. Mayeux, 01-3195, (La.6/21/02), 820 So.2d 526 (statutory amendment provided for more lenient sentence for third or subsequent DWI offense applies upon conviction rather than date of the offense), the illegal condition ceased to exist once relator was released from prison on probation. Although La.C.Cr.P. art. 882 authorizes the correction of an illegal sentence “at any time,” in this case, relator’s sentence had already been corrected, as a substantive matter, upon his release from incarceration and placement on probation.


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-KK-2626.
    Supreme Court of Louisiana.
    Dec. 4, 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-1627.

Writ granted. The Court of Appeal decision is reversed and vacated, and the trial court judgment is reinstated.

WEIMER, J., would deny.


text:
    STATE of Louisiana v. Dave WILLIAMS.
    No. 2009-KK-2624.
    Supreme Court of Louisiana.
    Dec. 7, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. 0, No. 469-849; to the Court of Appeal, Fourth Circuit, No. 2009-K-0948.

Denied.


text:
    STATE of Louisiana v. Margie LAMARTZ.
    No. 2009-CC-2593.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re American Bankers Ins. Co.; — Other; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 457-103; to the Court of Appeal, Fourth Circuit, No. 2009-K-1599.

Stay denied; writ denied.


text:
    STATE of Louisiana v. Robert CUNNINGHAM.
    No. 2009-KK-2454.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Cunningham, Robert; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, Nos. 09-2755, 09-2754; to the Court of Appeal, Fifth Circuit, No. 09-K-872.

Denied.


text:
    Shaunn Caillier McCorvey HARDEN v. Derriel Carlton McCORVEY.
    No. 2009-CJ-2526.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re McCorvey, Derriel Carlton; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. D, No. 02-C-2619-D; to the Court of Appeal/Third Circuit, No. 09-434.

Denied.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Michael HEISSER.
    No. 2009-KK-2567.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Heisser, Michael; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. M, No. 507-051; to the Court of Appeal, Fourth Circuit, No. 2009-K-1579.

Denied.


text:
    STATE of Louisiana v. Robert Daniel WILKINS.
    No. 2009-KK-2569.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Wilkins, Robert Daniel; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. D, No. 19337-04; to the Court of Appeal, Third Circuit, No. KW 08-01461.

Denied.

JOHNSON, J., would grant and docket.

WEIMER, J., would grant and docket.


text:
    Michael GENGO v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION, et al.
    No. 2009-CC-2620.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Louisiana Citizens Property Ins. Corp. et al.; — Defendants; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2007-10485; to the Court of Appeal, Fourth Circuit, No. 2009-C-1419.

Denied.

KIMBALL, C.J., concurs, believing the exceptions should be referred to the merits.


text:
    Frank GENGO v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION, et al.
    No. 2009-CC-2621.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Louisiana Citizens Property Insurance Corporation; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2007-10501; to the Court of Appeal, Fourth Circuit, No. 2009-C-1419.

Denied.

KIMBALL, C.J., concurs, believing the exceptions should be referred to the merits.


text:
    TARA HOUSE CONDOMINIUM ASSOCIATION, INC., MLB Mortgage and Investments, Inc., and Michael Brown v. JAMES RIVER INSURANCE COMPANY. Tara House Condominium Association, Inc., MLB Mortgage and Investments, Inc., and Michael Brown v. Wilkofsky, Friedman, Karel & Cummins and Orrill, Cordell & Beary, LLC.
    No. 2009-CC-2625.
    Supreme Court of Louisiana.
    Dec. 9, 2009.
   In re Brown, Michael; MLB Mortgage and Investments Inc.; Tara House Condominium Assoc. Inc. et al.; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Divs. I, H, Nos. 2006-9840 and 2009-1665, 2006-9840 and 2009-1665; to the Court of Appeal, Fourth Circuit, No. 2009-C-1590.

Denied.


text:
    STATE of Louisiana v. Melvin J. POWERS, Jr.
    No. 2009-KP-0325.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re: Powers Jr., Melvin J.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. OS-3977; to the Court of Appeal, Fifth Circuit, No. 08-K-1261.

Writ granted. The Clerk of Court exceeded his authority by declining to accept the Motion to Reconsider, as he did not have the authority to consider or deny it. The Petitioner’s motion should have been accepted by the Clerk. This matter is remanded to the Court of Appeal for acceptance of the filing by the Clerk of Court’s Office, and consideration of the motion by the Court in accord with the Constitution. La. Const. Art. V, Sections 8 and 10. See The Estate of Luke Petro-vich v. Melancon, 09-1093 (La.10/2/09), 18 So.3d 123.


text:
    Charles O. SERUNTINE, III, Rosena Seruntine, and First Guarantee Association, LLC v. STATE FARM FIRE & CASUALTY COMPANY, Kert LeBlanc and Dave Felix.
    No. 2009-CC-1893.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Felix, Dave; LeBlanc, Kert; State Farm Fire & Casualty Company; — Defendants); Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. D, No. 105-883; to the Court of Appeal, Fourth Circuit, No. 2009-C-0230.

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

KNOLL, J., recused.


author: WEIMER, J.,

text:
    STATE ex rel. Robert E. TAYLOR v. STATE of Louisiana.
    No. 2009-KH-1188.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Taylor, Robert E.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 01-6200; to the Court of Appeal, Fifth Circuit, No. 07-KH-345.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Kenneth A. EDWARDS v. STATE of Louisiana.
    No. 2009-KH-1395.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Edwards, Kenneth A.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. James, 23rd Judicial District Court Div. A, No. 2934; to the Court of Appeal, Fifth Circuit, No. 01-KA-116.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Michael PHILIPS v. STATE of Louisiana.
    No. 2009-KH-1398.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Philips, Michael; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 87-2022; to the Court of Appeal, Fifth Circuit, Nos. 00-KH-1870, 04-KH-393, 04-KH-358.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Oliver HOWARD v. STATE of Louisiana.
    No. 2009-KH-1401.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Howard, Oliver; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 97-5887; to the Court of Appeal, Fifth Circuit, No. 03-KH-945.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Kim GARRISON v. STATE of Louisiana.
    No. 2009-KH-1506.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Garrison, Kim; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 97-330; to the Court of Appeal, Fifth Circuit, No. 03-KH-769.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Ronnell WILLIAMS v. STATE of Louisiana.
    No. 2009-KH-1507.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Williams, Ronnell; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 99-7942; to the Court of Appeal, Fifth Circuit, No. 03-KH-929.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Reginald RAYMOND v. STATE of Louisiana.
    No. 2009-KH-1802.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Raymond (# 178847), Reginald;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 96-2773; to the Court of Appeal, Fifth Circuit, No. 98-KH-1173.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Charles Edward BOYD v. STATE of Louisiana.
    No. 2009-KH-1816.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Boyd, Charles Edward; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 95-6946; to the Court of Appeal, Fifth Circuit, No. 04-KH-971.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-OK-2702.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Hunter Jr. Judge, Arthur L.;— Other; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 441-698.

Considering the letter addressed to this Court by the Honorable Judge Arthur L. Hunter, Jr., as a written application pursuant to La.C.Cr.P. art. 672 to recuse him from the ongoing trial in State v. Tyrone R. Wells, No. 441-698, the application is denied. The state has not formally moved for his recusal and the defendant opposes any such action. On the showing made, including Judge Hunter’s statement that the reason for his self-recusal would not actually bias him “in any way,” we find no basis for recusing Judge Hunter on any of the grounds enumerated in La.C.Cr.P. art. 671(A) and that his recusal from the pending case is therefore unwarranted. See State v. Connolly, 06-0540 p. 4 (La.6/2/06), 930 So.2d 951, 953 (“[A]s a general matter, a trial judge may recuse himself from a case only when ‘a ground for recusation exists.’ ”) (quoting La.C.Cr.P. art. 672 and Offl Rev. Cm’t) (“[A] judge may recuse himself only if there is a valid ground for recusation.”). Accordingly, Judge Hunter’s recusal is vacated and he is directed to resume trial immediately.


text:
    STATE ex rel. Nathan BROWN v. STATE of Louisiana.
    No. 2009-KH-2174.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Brown, Nathan;- — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 97-5794; to the Court of Appeal, Fifth Circuit, No. 00-KH-1944.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

concurs in part and dissents in part for the reasons assigned in State v. Cordero, 08-1717 (La.10-03-0), 993 So.2d 203.


text:
    STATE ex rel. David LAPELL v. STATE of Louisiana.
    No. 2009-KH-2468.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Lapell, David; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 95-4250; to the Court of Appeal, Fifth Circuit, No. 97-KH-904.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. David LAPELL v. STATE of Louisiana.
    No. 2009-KH-2479.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Lapell, David; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 95-4250; to the Court of Appeal, Fifth Circuit, No. 02-KH-1207.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Thomas POREE v. STATE of Louisiana.
    No. 2008-KH-0796.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Poree, Thomas; — Plaintiff; Applying for Motion to Enforce this Court’s action dated June 20, 2008; Parish of Orleans, Criminal District Court Div. E, No. 251-961.

Denied. Moot. The district court has acted.


text:
    STATE ex rel. Alvin CLARK v. STATE of Louisiana.
    No. 2009-KH-0376.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Clark, Alvin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. B, No. 47,366-F; to the Court of Appeal, Third Circuit, No. KH 08-01183.

Denied.


text:
    STATE ex rel. Henry RANKIN v. STATE of Louisiana.
    No. 2009-KH-0395.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Rankin, Henry; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 288-636; to the Court of Appeal, Fourth Circuit, No. 2009-K-0046.

Denied.


text:
    STATE ex rel. Randolph VANCE v. STATE of Louisiana.
    No. 2009-KH-0415.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Vance, Randolph; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 03-7248; to the Court of Appeal, Fifth Circuit, No. 08-KH-1314.

Denied.

GUIDRY, J., recused.


text:
    STATE ex rel. William FOURCHE’ v. STATE of Louisiana.
    No. 2009-KH-0452.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Fourche’, William; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 353,334; to the Court of Appeal, First Circuit, No. 2008 KW 2121.

Denied.


text:
    STATE ex rel. Charles DANIELS v. STATE of Louisiana.
    No. 2009-KH-0454.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Daniels, Charles; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 00-3695; to the Court of Appeal, Fifth Circuit, No. 09-KH-14.

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. Shon P. SHAW v. STATE of Louisiana.
    No. 2009-KH-0455.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Shaw, Shon P.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. H, No. 236,947; to the Court of Appeal, Second Circuit, No. 44,-365-KH.

Denied.


text:
    STATE of Louisiana v. Terry L. SCOTT.
    No. 2009-KO-0650.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Scott, Terry L.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 08-1826; to the Court of Appeal, Fifth Circuit, No. 08-KA-703.

Denied.


text:
    STATE of Louisiana v. Austin BERNARD, III.
    No. 2009-KO-0680.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Bernard III, Austin; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. D, No. 503387; to the Court of Appeal, First Circuit, No. 2008 KA 1322.

Denied.


text:
    STATE of Louisiana v. Aquendius D. LANDRY.
    No. 2009-KO-0681.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Landry, Aquendius D.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Assumption, 23rd Judicial District Court Div. B, No. 06-182; to the Court of Appeal, First Circuit, No. 2008 KA 1589.

Denied.


text:
    STATE of Louisiana v. Dallas TAYLOR.
    No. 2009-KO-0687.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Taylor, Dallas; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. D, No. 06-F2683; to the Court of Appeal, Second Circuit, No. 43,-901-KA.

Denied.


text:
    STATE of Louisiana v. Jamie HUBBARD.
    No. 2009-KO-0690.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Hubbard, Jamie; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div., No. 06-K-1931-D; to the Court of Appeal, Third Circuit, No. 08-1000.

Denied.


text:
    STATE of Louisiana v. Antonio D. HALL.
    No. 2009-KO-0691.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Hall, Antonio D.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. E, No. 140,947; to the Court of Appeal, Second Circuit, No. 48,-920-KA.

Denied.


text:
    STATE of Louisiana v. Jesse Wade LANGSTON.
    No. 2009-KO-0696.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Langston, Jesse Wade; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. D, No. 155,287; to the Court of Appeal, Second Circuit, No. 43,923-KA.

Denied.


text:
    STATE of Louisiana v. Brandon BROWN.
    No. 2009-KO-0701.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Brown, Brandon; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. K, No. 248,085; to the Court of Appeal, Second Circuit, No. 43,-916-KA.

Denied.


text:
    STATE of Louisiana v. Evans ALEXANDER.
    No. 2009-K-0717.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Alexander, Evans; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. G, No. 07-5055; to the Court of Appeal, Fifth Circuit, No. 08-KA-580.

Denied.


text:
    STATE of Louisiana v. Darrell AMBEAU.
    No. 2009-KO-0719.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Ambeau, Darrell; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. D, No. 354-984; to the Court of Appeal, Fourth Circuit, No. 2008-KA-1191.

Denied.


text:
    STATE of Louisiana v. Geoffrey EASON.
    No. 2009-K-0725.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Eason, Geoffrey; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. D, No. 73134; to the Court of Appeal, Second Circuit, No. 43,788-KA.

Denied.


text:
    STATE of Louisiana v. Wilbert VAN BUREN.
    No. 2009-K-0823.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Van Burén, Wilbert; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 468-335; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0534.

Denied.


text:
    STATE ex rel. Diallo PUGH v. STATE of Louisiana.
    No. 2009-KH-2545.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Pugh, Diallo; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. B, Nos. 172-09A, 091639, 091640; to the Court of Appeal, First Circuit, Nos. 2009 KW 1087, 2009 KW 1442.

Denied.


text:
    STATE ex rel. Terrence Knight BENOIT v. STATE of Louisiana.
    No. 2009-KH-0486.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Benoit, Terrence Knight; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. G, No. 04-CR-1005; to the Court of Appeal, Third Circuit, No. KA08-1252.

Denied.


text:
    STATE ex rel. Darren DUFRENE v. STATE of Louisiana.
    No. 2009-KH-0488.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Dufrene, Darren; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 07-925; to the Court of Appeal, Fifth Circuit, No. 08-KH-1290.

Denied.


text:
    STATE ex rel. Manuel CHAPA v. STATE of Louisiana.
    No. 2009-KH-0537.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Chapa, Manuel; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 349498; to the Court of Appeal, First Circuit, No. 08 KW 2025.

Denied.


text:
    STATE ex rel. Melvin ANDERSON v. STATE of Louisiana.
    No. 2009-KH-0540.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Anderson, Melvin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 93-3426; to the Court of Appeal, Fifth Circuit, No. 09-KH-17.

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.

GUIDRY, J., recused.


text:
    STATE ex rel. Richard LAY v. STATE of Louisiana.
    No. 2009-CI-0542.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Lay, Richard; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 1, No. 445,535; to the Court of Appeal, First Circuit, No. 2008 CW 2099.

Denied. Repetitive

WEIMER, J., recused.


text:
    STATE ex rel. Donald Ray DICKERSON v. STATE of Louisiana.
    No. 2009-KH-0544.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Dickerson, Donald Ray; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, Nos. 5-98-0771, 06-98-1041; to the Court of Appeal, First Circuit, No. 2008 KW 2066.

Denied.


text:
    In re APPEAL OF DECISION OF the DISCIPLINARY BOARD NO. 09-PDB-018.
    No. 2009-OB-1976.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Clouse, Bernd; — Plaintiff; Applying For Appeal of Decision of the Disciplinary Board Office of the Disciplinary Board, No. 09-PDB-018.

Denied.


text:
    Darrin ROBINSON v. Richard L. STALDER, et al.
    No. 2009-CI-0539.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Robinson, Darrin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 548-597; to the Court of Appeal, First Circuit, No. 2008 CA 0495.

Denied.


text:
    Luis A. MEZA, Sr., et al. v. CALSURANCE ASSOCIATES, et al.
    No. 2009-C-1934.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re American Automobile Insurance Company; Mahoney, Chris; — Defendants); Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. A, No. 2006-4314; to the Court of Appeal, Third Circuit, No. 09-239.

Denied.

VICTORY, J., would grant.

KNOLL, J., would grant.

CLARK, J., would grant.


text:
    NEW INVESTMENT PROPERTIES, LLC v. ABC INSURANCE COMPANY, et al.
    No. 2009-CC-2200.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re ISU Coast Ins. Agency; R.P. Beckendorf & Assoc, d/b/a; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2006-08203; to the Court of Appeal, Fourth Circuit, No. 2009-C-1058.

Denied.


text:
    Sidney SMITH, et al. v. Donald GEDDES, et al.
    No. 2009-CC-2204.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Haunted History Tours Inc.; Smith, Sidney et al.; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 04-8569; to the Court of Appeal, Fourth Circuit, No. 2009-C-0838.

Denied.


text:
    ACTIVE SOLUTIONS, LLC, et al. v. DELL INC.
    No. 2009-CC-2213.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Dell Inc. et al.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 2007-3665; to the Court of Appeal, Fourth Circuit, No. 2009-C-1078.

Denied.

VICTORY, J., recused.


text:
    REDAR, L.L.C., et al. v. Warren RUSH, et al.
    No. 2009-CC-2278.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Greenwich Insurance Co.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. D, No. 108,435; to the Court of Appeal, Third Circuit, No. CW 09-01243.

Denied.

JOHNSON, J., would grant and apportion actual costs of record on appeal.

VICTORY, J., would grant.


text:
    Anne FARMER, et al. v. Frank HODGES, et al.
    No. 2009-CC-2177.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Wellington Specialty Insurance Company; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 07-12052; to the Court of Appeal, Fourth Circuit, No. 2009-C-0886.

Denied.


text:
    Viel OLIVIER v. OLIVIER BUILDERS.
    No. 2009-C-2189.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Luba Workers’ Compensation; Olivier Builders; — Defendant(s); Applying For Writ of Certiorari and/or Review Office of Workers’ Compensation District 04, No. 06-3499; to the Court of Appeal, Third Circuit, No. 09-208.

Denied.

VICTORY, J., would grant.


text:
    George A. FARBER, Sr., M.D. v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS.
    No. 2009-C-2193.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Farber M.D. Sr., George A.;— Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 08-9183; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0301.

Denied.


text:
    Jerry GOZA and Gladys P. Goza v. PARISH OF WEST BATON ROUGE, State of Louisiana and ABC Insurance Company.
    No. 2009-C-2146.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Louisiana State of et ah; Transportation and Development Dept, of; — Defendants); Applying For Writ of Certiora-ri and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, No. 28,196; to the Court of Appeal, First Circuit, No. 2008 CA 0086.

Denied.

VICTORY, J., would grant.

CLARK, J., would grant.


text:
    FOUNDATION MATERIALS, INC. v. CARROLLTON MID-CITY INVESTORS, L.L.C. and Harmon Construction, L.L.C.
    No. 2009-C-2162.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Foundation Materials Inc.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. D, No. 2007-14496; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0414.

Denied.

VICTORY, J., would grant.


text:
    FARMCO, INC. and Brent A. Beauvais v. Robert Ray MORRIS, Frances L. Morris, Jacqueline M. Creer, Zelotes A. Thomas, Keith E. Morris, and Ronada B. Morris.
    No. 2009-C-2165.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Creer, Jacqueline M.; Morris, Frances L.; Morris, Keith E.; Morris, Robert Ray et ah; Morris, Roñada B.; Thomas, Zelotes A.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 35,646; to the Court of Appeal, First Circuit, No. 2008 CA 1996.

Denied.

VICTORY, J., would grant.


text:
    Jennie M. ALEXANDER v. PONTCHARTRAIN LEVEE DISTRICT, et al.
    No. 2009-CC-2134.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Pontchartrain Levee District et al.;- — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. John, 40th'Judicial District Court Div. B, No. 50827; to the Court of Appeal, Fifth Circuit, No. 09-C-458.

Denied.


text:
    PLAQUEMINES PARISH GOVERNMENT v. DEPARTMENT OF NATURAL RESOURCES, State of Louisiana.
    No. 2009-C-2127.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Plaquemines Parish Government; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 561,867; to the Court of Appeal, First Circuit, No. 2008 CA 2094.

Denied.


text:
    Mark GAGNARD, et al. v. KANSAS CITY SOUTHERN RAILWAY COMPANY, et al.
    No. 2009-CC-2129.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Financial Indemnity Co.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, No. 2009-3059-A; to the Court of Appeal, Third Circuit, No. CW 09-00425.

Denied.

VICTORY, J., would grant.


text:
    Mary Phyllis SOILEAU v. SMITH TRUE VALUE AND RENTAL d/b/a Just Ask Rental, et al.
    No. 2009-CC-2113.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Deere and Company; John Deere Limited; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. B, No. 69,770; to the Court of Appeal, Third Circuit, No. CW 09-00725.

Denied.

VICTORY, J., would grant.


text:
    Mary Phyllis SOILEAU v. SMITH TRUE VALUE AND RENTAL d/b/a Just Ask Rental, et al.
    No. 2009-CC-2114.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Deere and Company; John Deere Limited; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Evangeline, 13th Judicial District Court Div. B, No. 69,770; to the Court of Appeal, Third Circuit, No. CW 09-00726.

Denied.


text:
    Trena MARSALIS v. Stephen FANT, et al.
    No. 2009-CC-2120.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Fant, Stephen Marshall; United Services Automobile Association; — Defendants); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, Nos. 2008-11771, 2008-11864; to the Court of Appeal, Fourth Circuit, No. 2009-C-0829.

Denied.


text:
    OUTPOST TRAVEL CENTERS, L.L.C. v. WEBSTER PARISH POLICE JURY.
    No. 2009-C-2053.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Outpost Travel Centers L.L.C.;— Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. C, No. 68,824-C; to the Court of Appeal, Second Circuit, No. 44,738-CA.

Denied.

KIMBALL, C.J., would grant.

CLARK, J., would grant.


text:
    Godiva Hawkins ROBERTSON, Steven Hawkins, Sr., and Joell Jackson on behalf of her minor child Kevin Jackson, and the Succession of Steven Hawkins, Jr. v. Eric HESSLER and the New Orleans Police Department.
    No. 2009-C-1712.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Hawkins Sr., Steven; Robertson, Godiva Hawkins et al.; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, No. 2000-04393; to the Court of Appeal, Fourth Circuit, No. 2008-CA-1212.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.


text:
    Brandy HINES and her husband, Raymond Hines v. Melissa Anne SMITH, M.D. and Louisiana Medical Mutual Insurance Co.
    No. 2009-C-2001.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Louisiana Medical Mutual Ins. Co.; Smith M.D., Melissa Anne et al.; — Defendants); Applying For Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. H, No. 08-1590; to the Court of Appeal, Second Circuit, No. 44,285-CA.

Denied.

VICTORY, J., would grant.

GUIDRY, J., would grant.

CLARK, J., would grant.


text:
    Christopher MITCHELL v. Dr. Paul O. VILLIEN, Jr., The City of New Orleans and Detective John Hunter in his Official Capacity as a New Orleans Police Officer.
    No. 2009-CC-2111.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Mitchell, Christopher; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2003-9706; to the Court of Appeal, Fourth Circuit, No. 2008-C-1470.

Denied.


text:
    Stanislaw ZYGMONT and Ewa Ehrlich d/b/a SJ Service v. Roger Bryan ANTHONY, B & K Underground, Inc., Bituminous Casualty Corporation and Bituminous Fire and Marine Insurance Company.
    No. 2009-CC-2122.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Anthony, Roger Bryan et al.; B & K Underground Inc.; Bituminous Casualty Corp.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. B, No. 2008-0000762; to the Court of Appeal, First Circuit, No. 2009 CW 0439.

Denied.

VICTORY, J., would grant.


text:
    Ronald L. CHAPMAN v. Katherine CARNEY, U.S. Agencies and State Farm Mutual Automobile Insurance Company c/w Rosa Mae Clark Chapman vs. Katherine Carney, U.S. Agencies & State Farm Mutual Automobile Insurance Company.
    No. 2009-C-2123.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Chapman, Ronald L.; Chapman, Rosa Mae Clark; — Plaintiff(s) Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, Nos. 477,400, 477,401; to the Court of Appeal, First Circuit, Nos. 2009 CA 0216, 2009 CA 0217.

Denied.


text:
    Clinton JONES, Lacey Squarsich and Rosanna Squarsich v. CLAYTON WILLIAMS ENERGY, INC., Patterson-UTI Drilling, L.L.C. and Patterson-UTI Drilling Company South, LP, L.L.L.P.
    No. 2009-CC-2131.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Clayton Williams Energy Inc. et al.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. A, No. 55-845; to the Court of Appeal, Fourth Circuit, No. 2009-C-0824.

Denied.


text:
    Dr. Marion BONAPARTE v. The BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College, The Board of Supervisors of Southern University and Agricultural and Mechanical College, The Board of Supervisors of Community and Technical Colleges and The Baton Rouge Community College Management Council.
    No. 2009-C-2145.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re Bonaparte, Marion Dr.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 467-564; to the Court of Appeal, First Circuit, No. 2009 CA 0153.

Denied.

VICTORY, J., would grant.

CLARK, J., would grant.


text:
    Carol & Edgar PITTS v. FELCOR LODGING TRUST INCORPORATED d/b/a Embassy Suites Hotel, Ralph Ney, Felcor/CSS Holdings, L.P., ABC Insurance Company & DEF Insurance Company.
    No. 2009-C-2199.
    Supreme Court of Louisiana.
    Dec. 11, 2009.
   In re DJONT Operations Inc.; Felcor Lodging Trust Inc. d/b/a; Felcor/CSS Holdings L.P.; Ney, Ralph; Promus Hotel Inc.; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 544850; to the Court of Appeal, First Circuit, No. 2009 CA 0249.

Denied.


text:
    STATE of Louisiana v. Tyrone WELLS.
    No. 2009-KK-2712.
    Supreme Court of Louisiana.
    Dec. 13, 2009.
   In re Wells, Tyrone; — Defendant; 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-1676.

Denied.


text:
    Heather Cook LEMAN v. Michael David LEMAN, ABC Insurance Company, Melvin G. Ripp, Jr., DEF Insurance Company, Fred G. Lake and GHI Insurance Company.
    No. 2009-CC-2709.
    Supreme Court of Louisiana.
    Dec. 13, 2009.
   In re Leman, Heather Cook; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. C, No. 651-409.

Denied.


text:
    In re Michael J. RILEY, Sr.
    No. 2009-OB-2707.
    Supreme Court of Louisiana.
    Dec. 14, 2009.
   In re Riley, Michael J.; — Plaintiff; Applying For Application for Emergency writ and Objection and Motion for Relief on Deposition by the Disciplinary Board.

Denied. Insofar as respondent complains about the taking of his sworn statement in Baton Rouge, the application is moot in light of the ODC’s agreement to take the statement in Metairie. In all other respects, the application is denied.


text:
    STATE of Louisiana v. Darrin ROBINSON.
    No. 2009-KO-0628.
    Supreme Court of Louisiana.
    Dec. 17, 2009.
   In re Robinson, Darrin;- — Defendant; Applying For Writ of Certiorari and/or Review, Parish of East Feliciana, 14th Judicial District Court Div. A, No. 07-CR-415; to the Court of Appeal, First Circuit, No. 2008 KA 0820.

Granted in part. This case is remanded to the court of appeal to address specifically defendant’s assignment of error that the trial court erred by permitting him to assert his right to self-representation without assuring itself that defendant made a knowing and intelligent waiver of his right to counsel because “he kn[ew] what he [was] doing and his choice [was] made with eyes open.” Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975) (internal quotation marks and citation omitted); State v. La-Fleur, 391 So.2d 445, 448 (La.1980) (“There should be some indication that the trial judge tried to assess the defendant’s literacy, competency, understanding and volition before he accepted the waiver of counsel.”) (citation omitted).

KIMBALL, C.J., would deny.

GUIDRY, J., would deny.

CLARK, J., would deny.


text:
    STATE of Louisiana v. Darrick Montrell KING, Vernon Lee Walter.
    No. 2009-KK-1703.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. E, Nos. 159.916, 159.917, 159.918, 159.919, 159.920, 159.921, 159.922; to the Court of Appeal, Second Circuit, Nos. 44544-KW, 44545-KW, 44546-KW, 44547-KW, 44548-KW, 44549-KW, 44550-KW.

Writ granted. The decision of the Court of Appeal is reversed and vacated, and the decision of the District Court denying the motion to recuse is reinstated.

KIMBALL, C.J., would deny.

WEIMER, J., would deny.


text:
    STATE of Louisiana v. Freddie L. BURTON, Jr.
    No. 2009-KK-2612.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 117938; to the Court of Appeal, Third Circuit, No. KW 09-01370.

GRANTED. The Court of Appeal did not have the authority to consolidate a case with those pending before the ad hoc judge, Rae Swent, whose authority to hear those specific cases comes from this Court’s order. The Court of Appeal’s ruling is reversed, and the stay is lifted.


text:
    STATE of Louisiana v. George ASHBY.
    No. 2008-KO-2910.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Ashby, George; — Defendant; Applying for Reconsideration of this Court’s action dated September 18, 2009; Parish of Orleans, Criminal District Court Div. G, No. 470-285; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0335.

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


text:
    STATE of Louisiana v. Dale KENNETT.
    No. 2009-KK-2244.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Kennett, Dale; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. I, No. 20072762; to the Court of Appeal, First Circuit, No. 2009 KW 1185.

Not considered, not timely filed.


text:
    STATE of Louisiana v. Elise LAMARTINA.
    No. 2009-KK-2257.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re LaMartina, Elise; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 394117; to the Court of Appeal, First Circuit, No. 2009 KW 1171.

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


text:
    STATE of Louisiana v. Steven C. THOMAS.
    No. 2009-KO-0391.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Thomas, Steven C.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 06-2569; to the Court of Appeal, Fifth Circuit, No. OB-KA-521.

Writ of review denied; writ of habeas corpus denied.

GUIDRY, J., recused.


text:
    STATE of Louisiana v. Javier Hernandez ROMERO.
    No. 2008-K-2012.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Romero, Javier Hernandez; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 01-07-0067; to the Court of Appeal, First Circuit, No. 2007 KA 1810.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Gabriel Dominguez REYES.
    No. 2008-K-2013.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Reyes, Gabriel Dominguez; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 01-07-497; to the Court of Appeal, First Circuit, No. 2007 KA 1811.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. David RAMOS.
    No. 2008-K-2103.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Ramos, David; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 11-06-313; to the Court of Appeal, First Circuit, No. 2007-KA-1448.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Ladoia SMITH.
    No. 2008-KO-2191.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Smith, Ladoia; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. D, No. 466-984; to the Court of Appeal, Fourth Circuit, No. 2007-KA-1429.

Denied.


text:
    STATE of Louisiana v. Marvin Wayne BROOKS.
    No. 2008-KO-2973.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Brooks, Marvin Wayne; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. J, No. 254,411; to the Court of Appeal, Second Circuit, No. 43,613-KA.

Denied.


text:
    STATE of Louisiana v. Jesus GONZALES-PEREZ.
    No. 2009-K-0292.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Gonzales-Perez, Jesus; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 10-06-0573; to the Court of Appeal, First Circuit, No. 2007 KA 1813.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Edward COLLINS.
    No. 2009-KP-0516.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Collins, Edward; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson Davis, Jennings City Court, No. 78115; to the Court of Appeal, Third Circuit, No. KW 08-01222.

Denied.


text:
    STATE of Louisiana v. Joseph RECILE.
    No. 2009-OK-0576.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 10-06-0474; to the Court of Appeal, First Circuit, No. 2008 KA 1010.

Denied.

VICTORY, J., would grant.

KNOLL, J., would grant.


text:
    STATE of Louisiana v. Emmanuel Joseph LOWE.
    No. 2009-K-0596.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Lowe, Emmanuel Joseph; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 02-06-0301; to the Court of Appeal, First Circuit, No. 2008 KA 1847.

Denied.

KIMBALL, C.J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Bobby TERRELL.
    No. 2009-KO-0657.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Terrell, Bobby; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Charles, 29th Judicial District Court Div. C, No. 07-731; to the Court of Appeal, Fifth Circuit, No. 08-KA-1189.

Denied.

JOHNSON, J., would grant.

VICTORY, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Moses Maine JACOBS.
    No. 2009-K-0755.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Jacobs, Moses Maine; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. B, No. 288,098; to the Court of Appeal, Third Circuit, No. 08-1068.

Denied.


text:
    STATE of Louisiana v. Troy V. GILMORE.
    No. 2009-KO-0784.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Gilmore, Troy V.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Claiborne, 2nd Judicial District Court Div. A, No. 23972; to the Court of Appeal, Second Circuit, No. 43,-884-KA.

Denied.


text:
    STATE of Louisiana v. Brandon JOHNSON.
    No. 2009-KO-0787.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Johnson, Brandon; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. G, No. 06-3308; to the Court of Appeal, Fifth Circuit, No. 08-KA-449.

Denied.

GUIDRY, J., recused.


text:
    STATE of Louisiana v. Kevin LAWRENCE.
    No. 2009-KO-0790.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Lawrence, Kevin; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. B, No. 465-523; to the Court of Appeal, Fourth Circuit, No. 2008-KA-1317.

Denied.


text:
    STATE of Louisiana v. Henry Leo EAGLIN, Jr.
    No. 2009-KO-0794.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Eaglin Jr., Henry Leo; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 112586; to the Court of Appeal, Third Circuit, No. 08-979.

Denied.


text:
    STATE of Louisiana v. William D. HUNTER.
    No. 2009-KO-0797.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Hunter, William D.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. F, No. 459-230; to the Court of Appeal, Fourth Circuit, No. 2008-KA-0471.

Denied.


text:
    STATE of Louisiana v. Anthony TELLIS.
    No. 2009-KO-0800.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Tellis, Anthony; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Webster, 26th Judicial District Court Div. D, No. 75,923; to the Court of Appeal, Second Circuit, No. 44,-010-KA.

Denied.


text:
    STATE of Louisiana v. Rusty Gene LOYEJOY.
    No. 2009-KO-0802.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Lovejoy, Rusty Gene; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Allen, 33th Judicial District Court Div. A, No. CR-2001-5494; to the Court of Appeal, Third Circuit, No. 03-1592.

Denied.


text:
    STATE of Louisiana v. Julio ALTAMIRANO.
    No. 2009-K-0946.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Altamirano, Julio;' — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 422259; to the Court of Appeal, First Circuit, No. 2008 KA 2083.

Denied.

KIMBALL, C.J., would grant.

JOHNSON, J., would grant.

WEIMER, J., would grant.


text:
    STATE of Louisiana v. Jermaine COOKS.
    No. 2009-KK-1700.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Cooks, Jermaine; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 466-917; to the Court of Appeal, Fourth Circuit, No. 2009-K-0365.

Denied.

KIMBALL, C.J., would grant.

WEIMER, J., would grant.

CLARK, J., would grant.


text:
    STATE of Louisiana v. Milton Bradley WEBB.
    No. 2009-KK-2223.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Webb, Milton Bradley; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. E, No. 23891; to the Court of Appeal, First Circuit, No. 2009 KW 1278.

Denied.


text:
    STATE of Louisiana v. Victor GONZALES.
    No. 2009-KK-2458.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Gonzales, Victor; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, No. 08-5899; to the Court of Appeal, Fifth Circuit, No. 09-K-689.

Denied.


text:
    STATE ex rel. Spencer ELZIE a/k/a Spencer Elzy v. STATE of Louisiana.
    No. 2009-KH-0601.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Elzie, Spencer a/k/a; Elzy, Spencer; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Tangi-pahoa, 21st Judicial District Court Div. D, No. 77846; to the Court of Appeal, First Circuit, No. 2008 KW 2313.

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

WEIMER, J., recused.


text:
    STATE ex rel. Lacal Lucky WILSON v. STATE of Louisiana.
    No. 2009-KH-0602.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Wilson, Lacal Lucky; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. G, No. 374567; to the Court of Appeal, First Circuit, No. 2008 KW 2034.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Gerald A. WORACHEK v. STATE of Louisiana.
    No. 2009-KH-0603.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Worachek, Gerald A.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. A, No. 10,548; to the Court of Appeal, First Circuit, No. 2008 KW 2200.

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

WEIMER, J., recused.


text:
    STATE ex rel. Kevin GOLDSTON v. STATE of Louisiana.
    No. 2009-KH-0604.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Goldston, Kevin; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Divs. C, E, Nos. 374-303, 360-893; to the Court of Appeal, Fourth Circuit, No. 2008-K-0888.

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


text:
    STATE ex rel. Earl CRUM v. STATE of Louisiana.
    No. 2009-KH-0605.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Crum, Earl; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, Nos. 05-94-1922, 01-95-0742; to the Court of Appeal, First Circuit, No. 2008 KW 1882.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Herman Joseph LANTZ v. STATE of Louisiana.
    No. 2009-KH-0606.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Lantz, Herman Joseph; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. G, No. 46647; to the Court of Appeal, Third Circuit, No. OS-823.

Denied.


text:
    STATE ex rel. Steve JOHNSON v. STATE of Louisiana.
    No. 2009-KH-0607.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Johnson, Steve; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, Nos. 05-1048, 05-0935; to the Court of Appeal, Fifth Circuit, No. 06-KA-935.

Denied. Petitioner fails to show that he filed an application for post-conviction re-liéf that was denied in an order that did not conform to the requirements of La. Const, art. V Section 8(B). La.C.Cr.P. art. 930.2; cf. State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.


text:
    STATE ex rel. Michael C. LEE v. STATE of Louisiana.
    No. 2009-KH-0608.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Lee, Michael C.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 349910; to the Court of Appeal, First Circuit, No. 2008 KW 2020.

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. Spencer HENRY v. STATE of Louisiana.
    No. 2009-KH-0590.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Henry, Spencer; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. D, No. 7367; to the Court of Appeal, First Circuit, No. 2008 KW 2101.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21 (La.9/5/95), 660 So.2d 1189, 1201.


text:
    STATE ex rel. Lionell BELLAZAR v. STATE of Louisiana.
    No. 2009-KH-0541.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Bellazar, Lionell; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 502070; to the Court of Appeal, First Circuit, No. 2007 KA 1612.

Denied.


text:
    STATE ex rel. Raymond MOLIERE v. STATE of Louisiana.
    No. 2009-KH-0545.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Moliere, Raymond; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 441-509; to the Court of Appeal, Fourth Circuit, No. 2008-K-1544.

Denied.


text:
    STATE ex rel. Alexander MOVANT v. STATE of Louisiana.
    No. 2009-KH-0564.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Movant, Alexander; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. E, No. 2003-161240.

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. Virgil Lorenzo SMITH v. STATE of Louisiana.
    No. 2009-KH-0565.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Smith, Virgil Lorenzo; — Plaintiff; Applying For Supervisory and/or Remedíal Writs, Parish of St. Tammany, 22nd Judicial District Court Div. A, No. 357133; to the Court of Appeal, First Circuit, No. 2008 KW 2026.

Denied.


text:
    STATE ex rel. Virgil Lorenzo SMITH v. STATE of Louisiana.
    No. 2009-KH-0567.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Smith, Virgil Lorenzo; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 357134; to the Court of Appeal, First Circuit, No. 2008 KW 2039.

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. Patrick J. DUCRE v. STATE of Louisiana.
    No. 2009-KH-0355.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Ducre, Patrick J.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 429638; to the Court of Appeal, First Circuit, No. 2008 KA 1644.

Denied.


text:
    STATE ex rel. Robert E. TAYLOR v. STATE of Louisiana.
    No. 2009-KH-1190.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Taylor, Robert E.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. D, No. 01-6200; to the Court of Appeal, Fifth Circuit, No. 06-KH-429.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Shannon ALEXANDER v. STATE of Louisiana.
    No. 2009-KH-1392.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Alexander, Shannon; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 96-1408; to the Court of Appeal, Fifth Circuit, No. 07-KH-57.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Chadwick DENNIS v. STATE of Louisiana.
    No. 2009-KH-2012.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Dennis, Chadwick; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 98-6886; to the Court of Appeal, Fifth Circuit, No. 03-KH-520.

This application is transferred to the Fifth Circuit Court of Appeal for consideration pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J.,

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


text:
    STATE ex rel. Paul E. STEWART, Sr. v. STATE of Louisiana.
    No. 2009-KH-2533.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Stewart Sr., Paul E.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 467-293.

The application is transferred to the 4th circuit, court of appeal with instructions to the court to act on relator’s application for supervisory writs from a denial of motion to correct an illegal and invalid sentence as relator shows by Inmate’s Request for Legal/Indigent Mail receipt that the application was submitted. The district court is ordered to provide this Court with a copy of its judgment.


text:
    STATE of Louisiana IN the INTEREST OF K.P.
    No. 2009-CK-2748.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, East Baton Rouge Juvenile Court, No. 96595; to the Court of Appeal, First Circuit, No. 2009 KW 2217.

Stay denied; writ denied.

VICTORY, J., would grant.

CLARK, J., would grant.


text:
    In re APPEAL OF DECISION OF the DISCIPLINARY BOARD NO. 08-PDB-117.
    No. 2009-OB-1139.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Daigle, Herman J.; — Plaintiff; Applying for Reconsideration of this Court’s action dated September 4, 2009; Decision of the Disciplinary Board No.: 08-PDB-117; Office of the Disciplinary Board No.: 08-PDB-117.

Reconsideration denied.


text:
    Tommie Mack GRANGER v. Stephanie W. GRANGER.
    No. 2009-CJ-2687.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Granger, Stephanie W.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. A, No. 198,383; to the Court of Appeal, Third Circuit, No. 09-272.

Denied.


text:
    Benton Casey DELAHOUSSAYE, III, et al. v. TULANE UNIVERSITY HOSPITAL AND CLINIC, et al.
    No. 2009-CC-2228.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Delahoussaye III, Benton Casey et al.; Delahoussaye, Amy; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 06-07348; to the Court of Appeal, Fourth Circuit, No. 2009-C-1046.

Denied.


text:
    Andree’ Charvet LADERER v. William E. LADERER, III.
    No. 2009-CC-2232.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Charvet, Andree’; Laderer a/k/a, Andree’ Charvet; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 487-228; to the Court of Appeal, Fifth Circuit, No. 2009-C-294.

Denied.


text:
    R. Lee BERRY, M.D. v. The PAUL REVERE LIFE INSURANCE COMPANY.
    No. 2009-C-2241.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Berry M.D., R. Lee; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 2006-11442; to the Court of Appeal, First Circuit, No. 2008 CA 0945.

Denied.


text:
    Christopher GURBA v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al.
    No. 2009-CC-2242.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Bradberry, John; Helmstetter, Michael; Levasseur, Alan; Louisiana State of; Rutherford, Terry; Transportation & Devi. Dept, of; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 544,-361; to the Court of Appeal, First Circuit, No. 2009 CW 1969.

Denied.

VICTORY, J., would grant.


text:
    Daniel F. MARTIN, et al. v. H.B. ZACHRY COMPANY, et al.
    No. 2009-CC-2243.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Zaehry Construction Corporation; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 31,438; to the Court of Appeal, First Circuit, No. 2009 CW 0872.

Denied.

VICTORY, J., would grant.


text:
    ALPINE MEADOWS, L.C. v. Peter Mark WINKLER, Sarah Cush Winkler, et al.
    No. 2009-C-2274.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Winkler, Peter Mark et al.; Wink-ler, Sarah Cush; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. C, No. 521,779-B; to the Court of Appeal, Second Circuit, No. 44,557-CA.

Denied.


text:
    AFRICAN METHODIST EPISCOPAL CHURCH, INC. v. Rev. Larry STEWART.
    No. 2009-C-2276.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re African Methodist Episcopal Church Inc.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. H, No. 2005-001834; to the Court of Appeal, First Circuit, No. 2009 CA 0405.

Denied.


text:
    Rena Ford HARRELL, et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al.
    No. 2009-CC-2277.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Louisiana State of; Transportation & Devi. Dept, of; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. C, No. 233,753; to the Court of Appeal, Third Circuit, No. CW 09-00769.

Denied.

KNOLL, J., recused.


text:
    SUNDOWN EXPRESS, INC. v. Frederick GONZALES.
    No. 2009-C-2283.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Gonzales, Frederick; — Defendant; Applying For Writ of Certiorari and/or Review Office of Workers’ Comp. Dist. 7, No. 04-09131; to the Court of Appeal, Fifth Circuit, No. 09-CA-205.

Denied.


text:
    Scott THOMPSON v. Susan MOLINARI.
    No. 2009-CP-2311.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Thompson, Scott; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. A, No. 72181-A; to the Court of Appeal, Third Circuit, No. CW 09-01014.

Denied.


text:
    Andrew B. DARAY and Judith A. Daray v. ST. TAMMANY PARISH.
    No. 2009-C-2312.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re St. Tammany Parish; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 2000-15539; to the Court of Appeal, First Circuit, No. 2008 CA 2135.

Denied.


text:
    R. Lee BERRY, M.D. v. The PAUL REVERE LIFE INSURANCE COMPANY.
    No. 2009-C-2220.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Paul Revere Life Insurance Company; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 2006-11442; to the Court of Appeal, First Circuit, No. 2008 CA 0945.

Denied.

VICTORY, J., would grant.


text:
    James T. SAUNDERS and Patsy Saunders v. Calvin Lee HOLLIS and Patsy Ruth Denton Hollis.
    No. 2009-C-2221.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Saunders, James T. et al.; Saunders, Patsy; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Union, 3rd Judicial District Court Div. A, No. 41,114; to the Court of Appeal, Second Circuit, No. 44,490-CA.

Denied.


text:
    BATON ROUGE GENERAL MEDICAL CENTER v. LIBERTY MUTUAL INSURANCE COMPANY.
    No. 2009-C-2197.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Holiday Retirement Corp. et al.; Liberty Mutual Ins. Co.; — Defendant(s); Applying For Writ of Certiorari and/or Review Office of Workers’ Compensation District 5, No. 08-04447; to the Court of Appeal, First Circuit, No. 2009 CA 0816.

Denied.

KIMBALL, C.J., would grant.


text:
    Dusty HUTCHISON v. SEARIVER MARITIME, INC.
    No. 2009-C-2216.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Seariver Maritime, Inc.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 481,126; to the Court of Appeal, First Circuit, No. 2009 CA 0410.

Denied.

KNOLL, J., would grant.

GUIDRY, J., would grant.


text:
    Theolia Smith CAMPBELL v. PROTECTIVE LIFE INSURANCE COMPANY.
    No. 2009-CC-2147.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Protective Life Insurance Company; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of East Feliciana, 20th Judicial District Court Div. A, No. 39152; to the Court of Appeal, First Circuit, No. 2009 CW1051.

Denied.

VICTORY, J., would grant.

GUIDRY, J., would grant.

CLARK, J., would grant.


text:
    Marilyn B. JONES v. CITY OF NEW ORLEANS.
    No. 2009-C-2156.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re New Orleans City of; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 85-1147; to the Court of Appeal, Fourth Circuit, No. 2009-CA-0369.

Denied.

JOHNSON, J., would grant.

VICTORY, J., would grant.


text:
    Mark LEACH v. LOUISIANA PAROLE BOARD.
    No. 2008-KO-2001.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Leach, Mark; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 532627; to the Court of Appeal, First Circuit, No. 07-CA-0848.

Denied.


text:
    EVERHOME MORTGAGE COMPANY v. John DIAZ and Charlee Reed Jones and Charles Robert Jones.
    No. 2009-CC-2462.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Everhome Mortgage Company;— Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 2007-3690; to the Court of Appeal, First Circuit, No. 2009 CW 1258.

Not considered; not timely filed. See State v. Crandell, 05-1060 (La.3/10/06), 924 So.2d 122; Morris v. Steuben, 01-0137 (La.3/16/01), 781 So.2d 1220.


text:
    Jerry Lee BALDWIN v. The BOARD OF SUPERVISORS FOR the UNIVERSITY OF LOUISIANA SYSTEM, The University of Louisiana at Lafayette, Nelson Schexnayder, Individually and in His Capacity as Director of Athletics for the University of Louisiana at Lafayette.
    No. 2009-C-1917.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Board of Supervisors for the University of Louisiana System; Schexnayder, Nelson Director of Athletic; The University of Louisiana at Lafayette; — Defendants); Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 509,900; to the Court of Appeal, First Circuit, No. 2008 CA 2359.

Denied.


text:
    Jerry Lee BALDWIN v. The BOARD OF SUPERVISORS FOR the UNIVERSITY OF LOUISIANA SYSTEM, The University of Louisiana at Lafayette, Nelson Schexnayder, individually and in his Capacity as Director of Athletics for the University of Louisiana at Lafayette.
    No. 2009-C-1919.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Baldwin, Jerry Lee; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 509,900; to the Court of Appeal, First Circuit, No. 2008 CA 2359.

Denied.


text:
    Ricky CRAWFORD and Lisa Crawford v. DIAMOND B. CONSTRUCTION, L.L.C., d/b/a Diamond B. Construction Co., Inc., State of Louisiana, Through the Department of Transportation and Development and St. Paul Fire and Marine Insurance Company.
    No. 2009-C-2325.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Crawford, Lisa; Crawford, Ricky et al.; — Plaintiff(s); Applying For Writ of Certiorari and/or Review, Parish of Tangi-pahoa, 21st Judicial District Court Div. C, No. 2001-000480; to the Court of Appeal, First Circuit, No. 2009 CA 0226.

Denied.


text:
    Ricky CRAWFORD and Lisa Crawford v. DIAMOND B. CONSTRUCTION, L.L.C., d/b/a Diamond B. Construction Co., Inc., State of Louisiana, through the Department of Transportation and Development and St. Paul Fire and Marine Insurance Company.
    No. 2009-C-2219.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Louisiana State of; Transportation and Development Dept, of; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 2001-000480; to the Court of Appeal, First Circuit, No. 2009 CA 0226.

Denied.

VICTORY, J., would grant.


text:
    Lisa D. DENNIS v. Jeffrey F. WILEY, Individually, and In his Capacity as Sheriff of Ascension Parish, Harold Tridico, Individually and In his Capacity as Former Sheriff of Ascension Parish, QRS Insurance Company, and XYZ Insurance Company.
    No. 2009-C-2222.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Dennis, Lisa D.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Ascension, 23rd Judicial District Court Div. C, No. 78050; to the Court of Appeal, First Circuit, No. 2009 CA 0236.

Denied.


text:
    Darlene HUSBAND, Carrol Dabney, Shalanda A. Bell, Sharleen McGlothurn, Dolores Thompson, Andrea Buffert, Annie Paul and Antoinette Richards, Individually and on Behalf of All Others Similarly Situated v. TENET HEALTHSYSTEMS, Memorial Medical Center, Inc. d/b/a Memorial Medical Center c/w Elmira Preston, Howard Preston, Rose Lefrance Preston, Sheryl Preston, Deborah Mazie, Anthony Preston, Leonard Preston, Darlene Preston, Cynthia Preston, Angela Nelson, Wanda Preston, Byran Preston and Tyrone Preston, et al. vs. Tenet Healthsystems, Memorial Medical Center, Inc., d/b/a Memorial Medical Center.
    No. 2009-C-2163.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Tenet Healthcare Corp.; Tenet Healthsystems Memorial Medical Center Inc. d/b/a; — Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, Nos. 2005-11709, 2006-10210; to the Court of Appeal, Fourth Circuit, Nos. 2008-CA-1527, 2009-CA-0002.

Denied.


text:
    STATE of Louisiana v. Bruce BROWN, et al.
    No. 2009-KK-2456.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 485-754; to the Court of Appeal, Fourth Circuit, No. 2009-K-1409.

Granted.


text:
    ISIDORE NEWMAN SCHOOL v. J. EVERETT EAVES, INC. and Westport Insurance Corporation.
    No. 2009-C-2161.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re J. Everett Eaves Inc. et al.; West-port Insurance Corporation; — Defendants); Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 2006-4433; to the Court of Appeal, Fourth Circuit, No. 2008-CA-1368.

Granted.


text:
    STATE of Louisiana v. Samantha CORNELIUS.
    No. 2009-OK-0672.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re State of Louisiana; — -Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 04-5072; to the Court of Appeal, Fifth Circuit, No. 08-KH-1212.

Granted.


text:
    J. Robert WOOLEY, As Commissioner of Insurance for the State of Louisiana v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Co., Executive Liability Underwriters and Greenwich Insurance Co., AmCareCo, Inc., AmCare Management, Inc. J. Robert Wooley, Commissioner of Insurance for The State of Louisiana, In His Capacity as Liquidator of AmCare Health Plans of Louisiana v. Foundation Health Corporation, Foundation Health Systems, Inc., Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for The State of Louisiana, As Liquidator for AmCare Health Plans of Louisiana, Inc., In Receivership v. Pricewaterhousecoopers, LLP.
    No. 2009-C-0586.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Donelon, James J.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, Nos. 499,737, 509,297, 512,366; to the Court of Appeal, First Circuit, Nos. 2006 CA 1140, 2006 CA 1141, 2006 CA 1142, 2006 CA 1143, 2006 CA 1144, 2006 CA 1163, 2006 CA 1158, 2006 CA 1159, 2006 CA 1160, 2006 CA 1161, 2006 CA 1162, 2006 CA 1145.

Granted. C/W-09-C-0571, 0584 & 0585.


text:
    J. Robert WOOLEY, as Commissioner of Insurance for the State of Louisiana v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Co., Executive Liability Underwriters and Greenwich Insurance Co., AmCareCo, Inc., AmCare Management, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, in his capacity as Liquidator of AmCare Health Plans of Louisiana v. Foundation Health Corporation, Foundation Health Systems, Inc., Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, as Liquidator for AmCare Health Plans of Louisiana, Inc., in Receivership v. Price Waterhouse Coopers, LLP.
    No. 2009-C-0585.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Holland, Kim; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, Nos. 499,737, 509,297, 512,366; to the Court of Appeal, First Circuit, Nos. 2006 CA 1141, 2006 CA 1142, 2006 CA 1143, 2006 CA 1144, 2006 CA 1163, 2006 CA 1140, 2006 CA 1159, 2006 CA 1160, 2006 CA 1161, 2006 CA 1162, 2006 CA 1145, 2006 CA 1158.

Granted. C/W-09-C-0571, 0584 and 0586.


text:
    J. Robert WOOLEY, As Commissioner of Insurance for the State of Louisiana v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Co., Executive Liability Underwriters and Greenwich Insurance Co., AmCareCo, Inc., AmCare Management, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, In His Capacity as Liquidator of AmCare Health Plans of Louisiana v. Foundation Health Corporation, Foundation Health Systems, Inc., Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, As Liquidator for AmCare Health Plans of Louisiana, Inc., In Receivership v. Pricewaterhousecoopers, LLP.
    No. 2009-C-0584.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Donelon, James J.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, Nos. 499,737, 509,297, 512,366; to the Court of Appeal, First Circuit, Nos. 2006 CA 1140, 2006 CA 1141, 2006 CA 1142, 2006 CA 1143, 2006 CA 1144, 2006 CA 1145, 2006 CA 1158, 2006 CA 1159, 2006 CA 1160, 2006 CA 1161, 2006 CA 1162, 2006 CA 1168.

Granted. C/W-09-C-0571, 0585 & 0586.


text:
    J. Robert WOOLEY, as Commissioner of Insurance for the State of Louisiana v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Co., Executive Liability Underwriters and Greenwich Insurance Co., AmCareCo, Inc., AmCare Management, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, in his capacity as Liquidator of AmCare Health Plans of Louisiana v. Foundation Health Corporation, Foundation Health Systems, Inc., Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, as Liquidator for AmCare Health Plans of Louisiana, Inc., in Receivership v. Price Waterhouse Coopers, LLP.
    No. 2009-C-0571.
    Supreme Court of Louisiana.
    Dec. 18, 2009.
   In re Johnson, Jean; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, Nos. 499,737, 509,-297, 512,366; to the Court of Appeal, First Circuit, Nos. 2006 CA 1140, 2006 CA 1141, 2006 CA 1142, 2006 CA 1143, 2006 CA 1144, 2006 CA 1163, 2006 CA 1158, 2006 CA 1159, 2006 CA 1160, 2006 CA 1161, 2006 CA 1162, 2006 CA 1145.

Granted. C/W-09-C-0584, 0585 & 0586.