Sent from my iPhone

Begin forwarded message:

From: "lsbanews@lsba.org" <lsbanews@lsba.org> Date: May 24, 2013, 10:10:06 PM CDT To: "egibso1@gmail.com" <egibso1@gmail.com> Subject: Louisiana Bar Today Opinion Service

Louisiana Bar Today Opinion Service

Here are the most recent opinions as of 5/24/2013 from the Louisiana Appellate Courts for which you have requested. A free service of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 5/20/2013 Court Docket - 1st Circuit Court of Appeal Law Category - All Criminal Docket Number - 2013CW0277 ---------------------------------------------------------------ANDY MAGEE VERSUS STATE OF LOUISIANA

WRIT DENIED Relator appears to argue that the district court erred in denying his request for records under the Louisiana Public Records Law La SR 414 et seq A writ application in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the Public Records Act Aperson who wants to examine public records must make the request to the custodian of the records See La RS 3414 3424 An individual in custody after sentence following felony conviction who has exhausted his appellate remedies is permitted access to public records if the request is limited to grcunds upon which the individual could file for post conviction relief under La Code Crim P art 9330 See La RS 34114 If a request for public records is denied by the custodian before seeking relief from this court the person must first institute civil proceedings for a writ of mandamus at the trial court level See La RS 34A45 Should the person prevail he should be prepared to pay the regular service fees for copies of the documents See State ex rel Nash v State 604 2Sdo 1054 La App lst Cir 1992 After the trial court issues a ruling in the civil proceeding the person may seek a civil appeal of the trial csourt action if he desires See La RS 34C45 See also this Csourt action in 2012 CW 0252 issued May 7 2012 Insofar as relator is seeking review of the denial of his motion for a contradictory hearing on the cost of the public records we find relator has not presented any argument or evidence to show that the trial court abused its discretion http://www.lsba.org/DocumentIndex/AppellateOpinions/1ST105429.PDF

****************************************************************

Date - 5/20/2013 Court Docket - 1st Circuit Court of Appeal Law Category - All Civil, All Criminal Docket Number - 2013CW0318 ---------------------------------------------------------------WRIT DENIED Relator appears to argue that the district court erred in denying his request fcr records under the Louisiana Public Records Law. La RS 414 et seq. A writ application in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the Public Records Act. A person who wants to examine public records must make the request to the custodian of the records. See La RS 3419 3424. If a request for public records is denied by the custodian before seeking relief from this court the person must first institute civil proceedings for a writ of mandamus at the trial court level. See La RS34A45. Should the person prevail he should be prepared to pay the regular service fees for copies of the documents. See State ex rel Nash v State 604 2Sdo 1054 La App lst Cir 1992. After the trial court issues a ruling in the civil proceeding the person may seek a civil appeal of the trial court action if he desires. See La SR 34C45. Additionally insofar as relator is sgeekir documents without cost relator admits he has already received a free copy of those documents. http://www.lsba.org/DocumentIndex/AppellateOpinions/1ST105430.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal

Law Category - All Criminal Docket Number - 47980ka ---------------------------------------------------------------STATE OF LOUISIANA versus LABARRIE DEDIRIC WATSON

LaBarrie D. Watson appeals his two convictions: attempted manufacturing of cocaine and possession with intent to distribute cocaine. I. ERRORS ASSIGNED IN THIS APPEAL He urges that these errors were made at the trial level: there was insufficient evidence to support his convictions; his pro se motion to suppress should have been granted; the court improperly admitted copies of photographs of buy funds; his motion for new trial was improperly denied; his motion for reconsideration of sentence was improperly denied; he should have been granted a Franks1 hearing; and ineffective assistance of counsel.

We affirm both convictions. Each sentence is illegally lenient. We vacate these sentences and remand for resentencing. We direct the trial court to apportion part of each sentence be served without benefits. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105391.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Criminal

Docket Number - 47918ka ---------------------------------------------------------------STATE OF LOUISIANA verus ANTONIO REYES

Antonio Reyes was arrested, charged, and convicted of possession of cocaine, La. R.S. 40:967(C). He was sentenced to the maximum five years at hard labor. No fine was levied. The defendant appeals his conviction and sentence. We affirm.

http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105393.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Civil Docket Number - 48055ca ---------------------------------------------------------------LOU K. TAYLOR versus J. D. DUMAS, JR. and DORIS SHANNON DUMAS

This action was filed to establish the boundary line between two tracts and determine ownership of a disputed .7592 acres along the common property line. At the filing of this action, defendants were in possession of the disputed tract, having constructed a new boundary fence before plaintiffs purchase of the land. After a bench trial, the trial court determined that plaintiff failed to prove her ancestor-in-titles intent to possess the disputed tract as owner.

The boundary was fixed by the judgment along the surveyed ideal boundary which was the location where defendants new fence had been built. The plaintiff appeals the trial courts judgment. We affirm. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105394.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Civil Docket Number - 47948ca ---------------------------------------------------------------ROBERT THORNTON AND LORENZA WILLIAMS, INDIVIDUALLY AND ON BEHALF OF THE BOARD OF TRUSTEES OF THE BAPTIST TEMPLE BAPTIST CHURCH versus ALVIN L. CARTHON, SR.

In this dispute between a church pastor and the Board of Trustees, the trial court ultimately validated the election of two trustees to the Board and enjoined the pastor from acting for certain church matters. The pastor has appealed. We affirm the trial courts ruling. On appeal, Rev. Carthon argues that the trial court erred in its rulings on the grounds that his suspension letters removed Plaintiffs authority to act to remove him as pastor. Rev. Carthon also argues that the trial court erred in failing to enjoin the Trustees from terminating him without allowing him the opportunity to answer his charges and to be present to preside over the membership meeting. Finally, Rev. Carthon argues that the trial court erred in

prohibiting him from returning to the church and answer the charges against him. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105395.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Criminal Docket Number - 47945ka ---------------------------------------------------------------STATE OF LOUISIANA versus STACY W. HUMPHREYS

The defendant, Stacy Humphreys, was convicted of obstruction of justice, in violation of La. R.S. 14:130.1. He was adjudicated a third-felony offender, and sentenced to serve 10 years imprisonment, without benefit of probation, parole, or suspension of sentence. The defendant now appeals. Based on the following reasons, we affirm the defendants conviction, amend his sentence, and affirm his sentence as amended. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105399.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Civil

Docket Number - 47936ca ---------------------------------------------------------------THE RETAIL MERCHANTS ASSOCIATION, CREDIT BUREAU OF LOUISIANA versus CHRISTOPHER FORRESTER

At issue in this case is whether the trial court erred in denying the demands of the plaintiff, The Retail Merchants Association, Inc., d/b/a Credit Bureau of Louisiana, in this suit on an open account against the defendant, Christopher Forrester. We now affirm the trial courts judgment dismissing the plaintiffs claim. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105400.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Civil, All Criminal Docket Number - 47894kw ---------------------------------------------------------------STATE OF LOUISIANA versus JOHN EMMITT GATES

The State of Louisiana (the state) applied for supervisory review of a trial courts ruling granting a motion to suppress filed by the defendant, John Emmitt Gates, who was charged with DWI, third offense. The basis of the motion to suppress was that the stop was made by an officer outside of his jurisdiction. Finding that the trial court did not abuse its great discretion in

granting the defendants motion to suppress, we now affirm. At issue is whether Officer Bell contacted an officer having jurisdiction and obtained permission to effectuate the stop. http://www.lsba.org/DocumentIndex/AppellateOpinions/2ND105401.PDF

****************************************************************

Date - 5/15/2013 Court Docket - 2nd Circuit Court of Appeal Law Category - All Civil, Malpractice/Discipline Docket Number - 47649cw ---------------------------------------------------------------VICKIE WATSON WARD, INDIVIDUALLY AND ON