Opinion
No. 2005-C-2337.
October 17, 2006.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Vernon.
Charles C. Foti, Jr., Attorney General, John H. Ayres, III, David P. Spence, Assistant Attorneys General, for Applicant.
Chris J. Roy, Jr., A Law Corporation, Christopher J. Roy, Jr., Jacques M. Roy, Alexandria; Creed Creed, Christian C. Creed, Monroe; Rivers, Beck, Dalrymple Ledet, Eugene A. Ledet, Jr., Alexandria, Lloyd K. Milam, Tony K. Milam, Tony C. Tillman, Daniel C. Vidrine, for Respondent.
Upon the State's writ application, we granted certiorari in this case. Monk, et al. v. State of Louisiana, DOTD, 05-C-2337 (La. 3/24/06), 925 So.2d 1238. After hearing oral arguments and reviewing the issues raised in this matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of March 24, 2006, as improvidently granted, and we deny the State's application.
VICTORY and WEIMER, JJ., dissent and assign reasons. revocation of probation and imposition of deferred portion of prior suspension.
I dissent from the recall of the writ and would render a full opinion on the merits.
Because I am convinced the driver shares responsibility for causing this tragic accident, I would not recall the writ.