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Showing results for LSCR volume 10 LSCR issue 2
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CRIMINAL

1.Length of defendant's prior sentence properly admitted as an aggravating factor in penalty phase.
State v. Ball, 00-KA-2277 (La. 1/25/02) [40 pp.]
From LSCR Volume 10, Issue 2
Defendant was convicted of first-degree murder and sentenced to death. He raised the following three assignments of error: (1) At his trial, the state used most of its challenges to strike black juro... view full summary
MEDICAL MALPRACTICE

2.Physician's "dumping" of an uninsured patient falls within the MMA; Court adopts three new factors in determining application of the MMA.
Coleman v. Deno, 01-C-1517 (La. 1/25/02) [29 pp.]
From LSCR Volume 10, Issue 2
Plaintiff Coleman presented himself at Jo Ellen Smith Hospital ("JESH") complaining of swelling in his left arm. Defendant Dr. Deno saw Coleman and diagnosed him with cellulitis, an infection of conn... view full summary
CIVIL PROCEDURE

3.Nonparty that defied a court order erroneously held in contempt.
Billiot v. Billiot, 01-C-1298 (La. 1/25/02) [11 pp.]
From LSCR Volume 10, Issue 2
Parents P.B. and J.B. divorced and were awarded joint custody of their child, A.B. The custody judgment named P.B. as domiciliary parent, but domicile was subsequently changed to J.B. Four years late... view full summary
4.Juror misconduct must be proved in an evidentiary hearing.
Axcess Global Communication of America Corp. v. Matsushita Electric Industrial Co., Ltd., 01-CC-2167 (La. 2/1/02) [3 pp.]
From LSCR Volume 10, Issue 2
Plaintiffs filed suit against defendant alleging fraud and breach of contract. After a jury verdict in favor of defendant, plaintiffs filed a motion for new trial and raised the ground of jury miscon... view full summary
CRIMINAL

5."Plain feel" doctrine validates arrest for possession of crack pipe.
State v. Lipscomb, 00-K-2836 (La. 1/25/02) [5 pp.]
From LSCR Volume 10, Issue 2
Defendant was convicted of possession of cocaine. At trial, the arresting officer testified that he felt a cylindrical object in defendant's pocket during a pat down. He removed the object, determine... view full summary
6.Undercover officers' approach of suspect not an "imminent stop."
State v. Johnson, 01-KK-2436 (La. 1/25/02) [4 pp.]
From LSCR Volume 10, Issue 2
Police received an anonymous tip that a man matching defendant's description was selling heroin at a certai n location. Undercover police officers in an unmarked car drove to the location, and observ... view full summary
7.Delay attributable to defense tolls the speedy trial clock day for day.
State v. Green, 01-KK-3358 (La. 2/1/02) [7 pp.]
From LSCR Volume 10, Issue 2
Defendant Green was indicted on January 11, 2001 for second-degree murder. He was arraigned on February 13, and trial set for May 14. On March 16, Green's Indigent Defender Board ("IDB") counsel move... view full summary