| EVIDENCE
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| 1. | Court reverses judgment finding spoliation of evidence.
Hilda Fobb v. Stericycle, Inc., 2023-CC-00697 (La. 09/19/2023) [2 pp.]
From LSCR Volume 31, Issue 9
Plaintiffs filed suit against defendant as a result of a car accident involving defendant's
employee. Plaintiffs contended that defendant complete... view full summary |
| 2. | Court orders continuance given counsel's medical issues.
Kingfish Asset Management, LLC v. Radine Bultman, 2023-CC-01260 (La. 09/15/2023) [4 pp.]
From LSCR Volume 31, Issue 9
Plaintiffs moved to continue trial of this matter based on counsel's medical issues, and the
district court denied the motion. The Court granted a supervisory writ ... view full summary |
| 3. | Plaintiffs who voluntarily dismissed redistricting suit must pay State's costs.
James Bullman v. Kyle Ardoin, 2023-C-00688 c/w 2023-00689 c/w 2023-00690 (La. 09/26/2023) [3 pp.]
From LSCR Volume 31, Issue 9
On March 10, 2022, plaintiffs filed suit against the Louisiana Secretary of State contending
that Louisiana's congressional districts were malapportioned, unc... view full summary |
| 4. | District court prematurely excluded expert opinion as redundant.
Rashaad Picquet v. Diane Mix, 2023-CC-00495 (La. 06/21/23) [3 pp.]
From LSCR Volume 31, Issue 6
After plaintiffs filed a fourth supplemental and amended petition, defendant filed a motion
for leave to add a new expert on the basis that the expert's testimony w... view full summary |
| 5. | Affidavit was sufficient to create issue precluding summary judgment for defendant.
Ramona Matherne v. Academy, Ltd., 2023-CC-00536 (La. 06/21/2023) [2 pp.]
From LSCR Volume 31, Issue 6
Plaintiff sued defendant for injuries she sustained when merchandise fell at defendant's
store. Defendant filed a motion for summary judgment based, in p... view full summary |
| 6. | Court reinstates in part ruling regarding expert testimony.
Jennifer Hulin v. Kyle Snow, 2023-CC-00530 (La. 06/26/2023) [3 pp.]
From LSCR Volume 31, Issue 6
In this case the biological parents of Noah Lamparski filed suit on their own and his behalf,
alleging he sustained brain injuries while in the temporary foste... view full summary |
| 7. | Court of appeal erred in excluding evidence of plaintiff's gun ownership.
Shalmon Stennis v. Lowe's Homes Centers, LLC, 2023-CC-00514 (La. 05/02/2023) [5 pp.]
From LSCR Volume 31, Issue 5
Plaintiff filed suit against Lowe's and its employee, R.D. Morris, as a result of Morris's alleged
battery of plaintiff at the store. Defendants sought ... view full summary |
| 8. | Officer could not testify as to whether severed arm appeared to be bruised.
State v. Viusqui Perez-Espinosa, 2023-KK-00111 (La. 01/28/2023) [2 pp.]
From LSCR Volume 31, Issue 2
At his second-degree murder trial, defendant intended to assert a self-defense theory. An
officer testified about a photograph that showed the victim's severed a... view full summary |
| 9. | Depositions of deported plaintiffs improperly admitted at trial in lieu of live testimony.
Jose Rodriguez-Zaldivar v. Charles Leggett, 2022-C-01688 (La. 02/07/2023) [2 pp.]
From LSCR Volume 31, Issue 2
In January 2015 Charles Leggett backed his Chevrolet Tahoe into a parked utility van in the
New Orleans French Quarter. Jose Rodriguez-Zaldivar and Dylcio Rodriguez Cru... view full summary |
| 10. | Excited utterance hearsay exception applied to entire 911 call recording.
State v. Montrell Lee, 2022-KK-01314 (La. 11/16/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Defendant was charged with two counts of second-degree rape of the victim DR. The crime
occurred outside DR's apartment in her car. DR required a translator to report t... view full summary |
| 11. | Defendant entitled to new trial because district court improperly excluded evidence of victim's violent character.
State v. Randall Paul Burton, 2019-K-01079 (La. 06/30/2021) [13 pp.]
From LSCR Volume 29, Issue 7
During the early morning hours of February 1, 2017, defendant and his girlfriend began to
argue in the trailer where they lived. Cody Fletcher, a friend and ... view full summary |
| 12. | Court reinstates ruling excluding certain expert testimony.
Lawrence Phillips, Jr. v. Exxon Chemical Louisiana, LLC, 2021-CC-00529 (La. 04/16/2021) [3 pp.]
From LSCR Volume 29, Issue 4
In this toxic exposure case, plaintiff filed a motion to exclude untimely disclosed new dose
reconstruction by defendant's expert, Dr. Jennifer Pierce, as well ... view full summary |
| 13. | Court orders new trial after experts' testimony was erroneously limited.
Mohab Said v. Federated Rural Electric Ins. Exchange, 2021-C-00078 (La. 04/20/2021) [6 pp.]
From LSCR Volume 29, Issue 4
Plaintiff filed suit in 2012 alleging he sustained brain injuries in an auto accident the previous
year. He was treated initially by local physicians. Although he was s... view full summary |
| 14. | Court reinstates grant of motion in limine.
Martin Jones v. Neo Fabrics, Inc., 2021-CC-00236 (La. 04/20/2021) [2 pp.]
From LSCR Volume 29, Issue 4
In this case the district court granted a motion in limine, but the Fourth Circuit reversed in
an unpublished decision. The Court granted a supervisory writ and, in a v... view full summary |
| 15. | District court erred in not limiting testimony of expert in claim for damage to oyster beds.
Marty Melerine v. Tom's Marine & Salvage, LLC, 2020-C-00571 (La. 03/24/2021) [28 pp.]
From LSCR Volume 29, Issue 3
In April 2016 a tugboat pushing a barge through the coastal waters of St. Bernard Parish
entered an area known as Christmas Lake, productive oyster grounds that c... view full summary |
| 16. | Court remands for specific findings regarding excluding expert witness's testimony.
Emily Everett v. Air Products and Chemicals, Inc., 2019-CC-1975 (La. 05/26/2020) [4 pp.]
From LSCR Volume 28, Issue 5
In this suit related to asbestos exposure, the district court granted defendants' motion to
exclude plaintiffs' expert's opinion on causation and to preclu... view full summary |
| 17. | Wife was not entitled to rely on spousal privilege in grand jury proceedings targeting husband for alleged sexual abuse of a child.
In re: Grand Jury Subpoena, 2019-KK-00962 (La. 05/28/2020) [13 pp.]
From LSCR Volume 28, Issue 5
In January 2018 David Opperman was charged by bill of information with one count of
molestation of a juvenile arising from a 2003 incident in which he all... view full summary |
| 18. | Court reinstates district court's ruling excluding expert testimony regarding injury causation.
George Blair v. Mary Coney, 2019-C-00795 (La. 04/03/2020) [20 pp.]
From LSCR Volume 28, Issue 4
Plaintiff filed suit alleging he was injured as a result of a 2013 automobile accident. He
alleged that while stopped in his vehicle at a traffic signal,... view full summary |
| 19. | Lower courts erred in excluding testimony from experts.
Certain Underwriters at Lloyd's London v. United States Steel Corporation, 2019-C-1730 (La. 01/28/2020) [3 pp.]
From LSCR Volume 28, Issue 1
Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in
a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary |
| 20. | Court allowed submission of physician's records although physician was unavailable as a witness.
Mark Odom v. Luis Alberto Flores, 2019-CC-01237 (La. 11/05/19) [4 pp.]
From LSCR Volume 27, Issue 11
Plaintiff was involved in a car accident. One of his treating physicians, Dr. John Bolter, opined
in a letter that plaintiff was completely disabled and unable... view full summary |
| 21. | 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 |
| 22. | 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 |
| 23. | 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 |
| 24. | 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 |
| 25. | 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 |
| 26. | 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 |
| 27. | 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 |
| 28. | 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 |
| 29. | Lower courts erred in excluding testimony from experts.
01/28/2020) [3 pp.]
From LSCR Volume 18, Issue 1
Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in
a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary |
| 30. | Lower courts erred in excluding testimony from experts.
01/28/2020) [3 pp.]
From LSCR Volume 18, Issue 1
Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in
a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary |
| 31. | 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 |
| 32. | "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 |
| 33. | 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 |
| 34. | 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 |
| 35. | 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 |
| 36. | 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 |
| 37. | 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 |
| 38. | 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 |
| 39. | 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 |
| 40. | 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 |