30 July 2008

third circuit affirms judge swent's ruling in smith v goins

third circuit: jonathan goins may run against charles fredrick smith for alexandria city council district three seat...

heroic local attorney, thomas d. davenport, jr., the attorney who had the city of alexandria, louisiana racist and predatory 'abandoned car' ordinance thrown out -- does it again!

court records reveal that charles fredrick smith and his lawyers george gaiennie, iii and eugene p. cicardo, jr. had weak witnesses and even relied on a convicted felon who didnt know what he was talking about:

"The other witness, "Spanky" Garmon, was revealed to be a convicted felon, who was not known as a resident of the community by the defendant and his witnesses. His testimony revealed that he erroneously described the location of the home on Juliet Street and could not identify Goins' vehicle."

The facts established at trial in this case, as well, reasonably support the trial court’s finding that Goins’ “actually resided” within District 3 at the Juliet Street home. In summary, Goins was raised at the Juliet Street address and after completing law school in 2006, returned there to reside exclusively until approximately May of 2007 when he began leasing an apartment outside of the district. Nevertheless, Goins continued to maintain the Juliet Street address on his drivers’ license and receive his mail at that address.

The record reasonably establishes that although Goins did not continue to exclusively sleep overnight, eat, maintain all of his clothing, or entertain at the Juliet Street home, he has maintained "significant connections to the [JulietStreet] address, [signifying] that his residency is real rather than fictitious." Russell, 780 So.2d at 1052.

We, accordingly, find no manifest error in the trial courts finding "[t]hat he has maintained a commitment to the neighborhood and continues to do so in a manner, and uses the property in a way, that meets the meaning of 'actually resides.'"


The judgment of the trial court is affirmed. Costs of this appeal are assessed to plaintiff-appellant, Charles F. Smith, Jr.


Opinion Panel:

Hon. Michael G. Sullivan - Writing

Hon. Elizabeth A. Pickett

Hon. James T. Genovese
click here to download nine page opinion .pdf