Nugent v . Phelps
816 So.2d 349
816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02)
(Cite as: 816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02))
to request any special instructions or object to statute as
read. LSA-R.S. 14:119.
[6] Elections
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Votes of three potential voters did not have to be counted in
election on ground that voters were in jail when election
took place because the district attorney supported successful
candidate, as arrests were the result of grand jury indictments, not arrests ordered by the district attorney, and election challenger had not proven a scheme by district attorney,
which would have included district judge and grand jury.
*350 Edward Larvadain, Jr., Belle Rose, Counsel for
Plaintiffs-Appellants.
Stephen D. Hawkland, Baton Rouge, Counsel for Defendant-Appellee, Fox McKeithen.
Bobby L. Culpepper, Jonesboro, Martin Smith Sanders,
Winnfield, III, Counsel for Defendant-Appellee, Benji
Phelps.
Michael Sean Walsh, Juliet E. Thompson Rizzo, Baton
Rouge, Counsel for Defendant-Appellee, Suzanne HaikTerrell.
Before NORRIS, BROWN, STEWART, GASKINS and
KOSTELKA, JJ.
*351**1 NORRIS, Chief Judge.
In this election contest case, the plaintiffs sought to have the
April 6, 2002 election for Winnfield Police Chief nullified
and a new election held. Plaintiffs asserted numerous irregularities and unlawful activities by defendant, Benji Phelps,
and his supporters. However, plaintiffs Johnny Ray Carpenter, Doris Abrams, and Shelia White were dismissed
early in the action pursuant to exceptions of no right of action because the court concluded that under La. R.S.
18:1401 B only the losing candidate is a proper plaintiff to
challenge the election results. Only plaintiff Gleason Nugent, the incumbent Police Chief who lost the election by a
margin of four votes, was held to be a proper plaintiff. This
was not challenged on appeal. At the end of Nugent's case,
the trial court granted an involuntary dismissal [FN1] of Nugent's suit, and this appeal followed. For the reasons set
Page 2
forth below, we affirm the trial court's judgment.
FN1. The dismissal was erroneously referred to as
a "directed verdict," but the matter was not tried by
jury.
FACTS
The following is a summary of the factual allegations of the
plaintiffs' petition:
Carpenter, Abrams, and White supported Nugent for Police Chief, and if free on election day, they would have
gotten enough votes to get Nugent reelected. On the other
hand, Terry Reeves, the District Attorney for Winn Parish, supported Mayor Deano Thornton and Benji Phelps
who were working as a team to be elected to the positions
of Mayor and Police Chief, respectively.
Reeves, as D.A. rules Winn Parish through "fear and terror." In the past, Shelia White had gotten along with
Reeves who, along with Thornton, had got her the job of
Executive Director of the Winnfield Housing Authority
(WHA). However, Reeves' behavior toward White
drastically changed when she refused to write a $100,000
check on WHA funds as a donation to the city in connection with the building of a **2 community center. Subsequently, she was "terrorized" by Assistant District Attorney James Lewis to "break her" so that she would favor
the donation.
Reeves, through Lewis, empaneled a grand jury to investigate the way White was operating the WHA. On June 4,
2001 she received a subpoena to produce all her records
before a grand jury, but after taking the records to the jury
and waiting four hours, she was told she could go home
and take the records with her. Reeves sent an investigator
to the WHA who investigated the records for more than
seven months. White was subpoenaed again on January
29, 2002 to produce documents she already had produced.
On February 8, 2002, Reeves' office issued another subpoena ordering document production. White also produced these documents, but still would not write the
$100,000 check.
As election day was approaching, Reeves had Lewis issue
subpoenas to the plaintiffs, ordering them to appear before a grand jury during the week of the election, thus preventing them from campaigning. The cases against the
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
345
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