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Showing results for LSCR volume 10 LSCR issue 4 | Jump to a direct Volume/Issue
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| DOMESTIC RELATIONS
| | 1. | Rehearing granted, prior opinion vacated; out-of-state wife may have colorable claim against Louisiana husband's property
Iva n L. H and, Jr. v. Gwendolyn R ob ins on Ha nd, 01-C-07 14 (La. 3/2 2/02 ) [1 pp.]
From LSCR Volume 10, Issue 4 In an opinion rendered on 11/28/01 [reported in November, 2001 issue of LSCR] the Court held that a husband's unilateral establishment of a Louisiana domicile did not create a community of acquets an... view full summary | | 2. | Out-of-court community property settlement is subject to claims of lesion.
Ho over v. Ho over, 0 1-C -22 00 (La. 4/3 /02) [9 pp.]
From LSCR Volume 10, Issue 4 Wife seeks to invalidate her out-of-court partition of community prop erty with her ex-husband on the ground of, inter alia, lesion. Husband had sued for divorce and for custody, which were resolved ... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 3. | Allowing a paralegal to adjust claims without supervision violates rules 5.3 and 5.5.
In Re: Tyr one C. Brow n, No. 01-B -28 63 (La. 3/2 2/02 ) [8 pp.]
From LSCR Volume 10, Issue 4 Respondent attorney entered into an arrangement with an "investigator" named Matthews, who had been successfully "representing" personal injury claimants to insurance adjusters. Respondent and Matthe... view full summary | | CRIMINAL
| | 4. | Method of picking grand jury foreman unconstitutional; indictment quashed; conviction and sentence reversed.
State v. Ricky Joseph Langley, 95-KA-1489 (La. 4/3/02]
From LSCR Volume 10, Issue 4 Prior to 1999, La. Code Crim. P. art. 413 allowed the district judge to select the grand jury foreman. Defendant was a white male indicted in 1992 of first-degree murder, convicted, and sentenced to ... view full summary | | 5. | Failure to disclose rap sheets, deals with witnesses erroneous, but harmless.
Sta te v. David Henry Bow ie, No. 200 0-K A-3 34 4 (La. 4/3/02) [31 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of first degree murder and sentenced to death, and raises four assignments of error: (1) the state failed to disclose evidence of plea bargains or inducements offered to state... view full summary | | 6. | Burglary established by circumstantial evidence.
Sta te v. Steve M . Marcantel, No . 00-KO -16 29 (La. 4/3 /02) [12 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of felony theft and possession of firearms. A home was burglarized and several firearms were stolen from it while the victims were on a camping trip. Three state witnesses, ac... view full summary | | 7. | Denial of right to testify a "structural defect" not subject to harmless error standard.
Sta te v. Josep h H am pton, No. 00-KP-05 22 (La. 3/2 2/02 ) [16 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of second-degree murder, and filed this ap plication for post-conviction relief. Defense counsel tes tified that during trial, defendant repeatedly asked his couns el to allow... view full summary | | 8. | Reasonable suspicion upheld; probable cause existed for other offense.
Sta te v. Michael J. Frosch, 0 1-K -10 33 (La. 3/2 2/02 ) [2 pp.]
From LSCR Volume 10, Issue 4 Police observed the defendant looking into a truck and jiggling the door handle, at 11:5 0 p .m., in a neighborhood in which many cars had been sto len; and the defendant attempted to flee upon notic... view full summary | | ADMINISTRATIVE
| | 9. | Polygraph admissible in police disciplinary proceeding.
Evans v. DeRidder M unicipa l Fire and Police Civil Ser vice Bd., 01-C -24 66 (La. 4/3 /02) [15 pp.]
From LSCR Volume 10, Issue 4 Defendant Evans appeals his dismissal from his job as a DeRidder police officer. Evans had interviewed a shooting suspect named Prater, who then gave information that led to the arrest on narcotics c... view full summary |
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