IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-60240
_____________________
ALLSTATE INSURANCE,
Plaintiff-Appellee,
versus
LEON BLACKMAN
Defendant,
RUDY LEWIS, Administrator of the
Estate of Alvine B. Johnson, deceased,
Intervenor Defendant-Appellant.
*****************************************************************
RUDY LEWIS, Administrator of the Estate of
Alvine B. Johnson, deceased,
Plaintiff-Appellant,
versus
LEON BLACKMAN,
Defendant,
ALLSTATE INSURANCE COMPANY,
Garnishee-Appellee.
_________________________________________________________________
Appeal from the United States District Court for the
Southern District of Mississippi
_________________________________________________________________
January 10, 1996
Before JOLLY, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
After reviewing the briefs of the parties, studying the terms
of the insurance policy issued by Allstate Insurance Co.
("Allstate") to the insured, Leon Blackman ("Blackman"), and
considering the arguments presented to this court, we are convinced
that the district court committed no reversible error in granting
summary judgment in favor of Allstate in the two civil actions
consolidated in this appeal.
The insured, Blackman, knowingly and voluntarily entered a
plea of guilty to the crime of manslaughter for the shooting death
of Alvine B. Johnson ("Johnson"). The policy's criminal act
exclusion precludes coverage for any bodily injury or property
damage resulting from a criminal act or omission, or an act or
omission that is criminal in nature and committed by an insured
person. We are satisfied that in this case Blackman's voluntary
plea of guilty does not leave open to question whether his conduct
leading to the death of Johnson was criminal in nature,
particularly in the light of the fact that there is no evidence
upon which a reasonable jury could find otherwise. The judgment of
the district court is therefore
A F F I R M E D.
-2-