Archive of LSCR Articles

Showing results for Category "EVIDENCE"
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1.Testimony of plaintiffs' experts should not have been excluded under Daubert/art. 702.
Blake Freeman v. Fon's Pest Management, Inc., 2017-C-1846 (La. 02/09/18) [4 pp.]
From LSCR Volume 26, Issue 2
     Defendant treated plaintiffs' home for termites using Termidor-SC, a termiticide containing fipronil, which is an odorless, colorless neurotoxin. Following the treatment... view full summary
2.Court sets standards for prior bad acts evidence, striking down clear and convincing burden of Prieur, but requiring hearing.
State v. Joseph Taylor, 2016-KK-1124 (La. 12/01/16) [24 pp.]
From LSCR Volume 24, Issue 12
     In 2014 defendant was charged with conspiracy to distribute cocaine and possession with intent to distribute cocaine. The State filed a notice pursuant to State v. Prieur,... view full summary
3.Manifest error review required reversal of $13.4 million judgment rendered on appeal and reinstatement of district court judgment dismissing case.
Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC 2014-C-2592 (La. 12/08/15) [69 pp.]
From LSCR Volume 23, Issue 12

          Plaintiffs were mineral royalty owners who sued defendants, mineral lessees and working interest owners, for mismanagement of two oil ... view full summary
4.Twenty-five-year-old letter referring to purported conclusion by now- deceased forensic specialist was properly excluded as inadmissable hearsay.
State v. Joenell Rubin, 2015-KK-1753 (La. 11/06/15) [2 pp.]
From LSCR Volume 23, Issue 11

          More than twenty years after a rape and murder, defendant was charged with the crimes based on DNA evidence. The State filed a motion ... view full summary
5.Admission of victims' statements was warranted because defendant violated protective order and pressured victims not to testify.
State v. Pedro Aguilar, 2015-KK-1230 (La. 09/18/15) [2 pp.]
From LSCR Volume 23, Issue 9

          In this domestic violence matter, the State alleged that the victims, defendant's girlfriend and daughter, had recanted... view full summary
6.Admission of blood alcohol test into evidence does not require production of records of calibration of testing machine.
Joanne Ditcharo v. State of Louisiana, 2014-CC-2671 (La. 03/13/15) [1 p.]
From LSCR Volume 23, Issue 3

          In this one-page opinion, the Court granted a supervisory writ to reiterate that nothing in La. R.S. Section 13:3714(C) expressly requ... view full summary
7.Deposition not admissible under art. 1450, where deponent died prior to cross-examination.
Joseph C. Trascher v. Peter Territo, 2011-CC-2093 (La. 05/08/12) [24 pp.]
From LSCR Volume 20, Issue 5

          Joseph Trascher filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that he had ... view full summary
8.Jury shield withstood criminal conduct by juror during trial recess.
State v. Bobby Ray Ingram, 2010-K-2274 (La. 03/25/11) [14 pp.]
From LSCR Volume 19, Issue 4

          A jury convicted defendant of manslaughter for shooting his ex-wife, Kimberly. The couple had three children and had been married for ... view full summary
9.Res ipsa loquitur does not apply where there is direct evidence of the tort.
Linnear v. CenterPoint Energy, 06-C-3030 (La. 9/5/07) [13 pp.]
From LSCR Volume 15, Issue 9
          Plaintiff Dronzy Linnear alleged that she injured herself when she stepped into a sinkhole next to her driveway, and sank up to her knee, as... view full summary
10."Prior bad act" evidence admissible.
State v. Randy Rose, 06-K-0402 (La. 2/22/07) [18 pp.]
From LSCR Volume 15, Issue 3
          Defendant Rose was charged with second degree murder of his wife, Lisa James Rose. The State filed a notice of intent to use evidence of oth... view full summary
11.Suicide note not admissible as "dying declaration"; writ granted.
Garza v. Delta Tau Delta Fraternity, 05-CC-1508 (La. 7/10/06) [35 pp.]
From LSCR Volume 14, Issue 8
          The parents of student Courtney Garza filed suit against, inter alia, defendants Paul Upshaw and Delta Tau Delta ("DTD"), alleging that Garz... view full summary
12.Court-appointed expert still qualified as expert in subsequent proceedings in same case.
Leard v. Schenker, 06C1116 (La. 6/16/2006) [4 pp.]
From LSCR Volume 14, Issue 7
          In this child custody proceeding, the district court rendered a considered decree awarding sole custody to the father, Mr. Schenker, and ter... view full summary
13.Inculpatory statements to physician, and incriminating test results, not privileged.
State v. Marullo, 05-KK-1921 (La. 3/10/06) [3 pp.]
From LSCR Volume 14, Issue 3
          Defendant moved to suppress his statements to the examining physician and blood test showing blood alcohol level when he was brought into th... view full summary
14.Clergy-penitent privilege construed.
State v. Gray, 2004-KK-1197 (La. 1/19/05) [14 pp.]
From LSCR Volume 13, Issue 1
          For only the third time in 80 years, the Court has the opportunity to discuss Louisiana's clergyman privilege, presently incorporated in La.... view full summary
15.Criminal trespass while taking surveillance video not grounds for exclusion of tape.
Scott v. Poole's Classic Travels, Inc., 2003-C-2748 (La. 5/25/04) [8 pp.]
From LSCR Volume 12, Issue 6
          Plaintiff filed this suit to recover damages for personal injuries he allegedly suffered when a bus owned by defendant rear-ended plaintiff'... view full summary
16.Defendant not entitled to challenge laboratory's DNA methodology except in Daubert hearing.
State v. Franklin, 03-KK-3072 (La. 4/23/04) [2 pp.]
From LSCR Volume 12, Issue 5
Writ granted; relief denied. The courts below correctly limited defense discovery related to the State's DNA testing of samples provided by the defendant to the terms of La. Code Crim. P. art. 719, a... view full summary
17.Granting motion in limine to exclude expert without holding Daubert hearing erroneous.
State v. Morrison, 03-KK-2790 (La. 4/8/04) [1 p.]
From LSCR Volume 12, Issue 4
          "Writ granted; case remanded to the trial court. Because the trial court ruled the defense expert's testimony regarding aural/spectrographic... view full summary
18.D.A. and Assistant D.A. properly sequestered during recusal hearing.
State v. Nomey, 2004-KK-0401 (La. 4/2/04) [2 pp.]
From LSCR Volume 12, Issue 4
          The defendant moved to recuse the district attorney and assistant district attorney. He subpoenaed them as witnesses at the recusal hearing,... view full summary