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Showing results for LSCR volume 10 LSCR issue 11
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CRIMINAL

1.Mental retardation exempts a defendant from capital punishment and must be determined pretrial;
overruling controlling precedent. State v. Williams, 2001-KA-1650 (La. 11/1/02) [33 pp.]
From LSCR Volume 10, Issue 11
Defendant was convicted of first-degree murder of a pizza delivery man during the course of an armed robbery, and was sentenced to death. Defendant asserted inter alia, the following errors at trial:... view full summary
2."Big fish/little fish" statement by arrestee constituted probable cause to arrest another.
State v. Hills, 01-K-0723 (La. 11/8/02) [8 pp.]
From LSCR Volume 10, Issue 11
Defendant appeals his conviction of possession of cocaine with intent to distribute. Police officers had received a tip from an informant that "James" was selling cocaine in a certain location. Surve... view full summary
3.Capital murder case remanded for mental retardation hearing, otherwise affirmed.
State v. Dunn, 2001-CA-1635 (La. 11/1/02) [32 pp.]
From LSCR Volume 10, Issue 11
Defendant appeals his conviction for first-degree murder and sentence of death. Defendant and two others, Breaux and Scott, entered a bank in Napoleonville, robbed it at gunpoint, and then murdered t... view full summary
4."Heat run," with other circumstances, provided probable cause for arrest.
State v. Vauchon Cojoe, 01-KK-2465 (La. 10/25/02) [7 pp.]
From LSCR Volume 10, Issue 11
Defendant was charged with possession with intent to distribute cocaine. DEA agents had learned from confidential informants that an individual named Lumar was involved in a drug distribution operati... view full summary
5.Harsh sentence correct, despite leniency in federal court.
State v. Phillips, 02-K-0737 (La. 11/15/02) [1 p.]
From LSCR Volume 10, Issue 11
In a brief per curiam opinion, the Court affirmed the district court's strict sentencing of defendant, despite the fact that defendant's cooperation with federal authorities earned him a mild penalty... view full summary
CIVIL PROCEDURE

6.Interlocutory judgments certified as final are appealable from the date of notice of certification.
Fraternal Order of Police v. City of New Orleans, 02-C-1801 (La. 11/8/02) [6 pp.]
From LSCR Volume 10, Issue 11
The City sought to appeal a partial summary judgment entered by the trial judge pursuant to art. 966(E) on April 27, 2000. On June 5, 2000, 39 days after the issuance of the judgment, the City filed ... view full summary
7.Trial court properly limited Phase I trial to defendant's liability vel non.
Scott v. American Tobacco Co., 2002-CC-2449 (La. 11/15/2002) [6 pp.]
From LSCR Volume 10, Issue 11
Plaintiffs filed this class action against defendant manufacturers of tobacco products alleging that defendants are liable for intentional tort, fraud, and strict liability for making tobacco product... view full summary