Archive of LSCR Articles

Showing results for LSCR volume 10 LSCR issue 4
Jump to a direct Volume/Issue
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