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Showing results for LSCR volume 10 LSCR issue 7
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TORTS

1.Dismissal of prior suit on venue grounds does not support malicious prosecution claim.
Ronald J. Savoie v. Richard L. Rubin, et al., 01-CC-3275 c/w 01-CC-3276 [5 pp.]
From LSCR Volume 10, Issue 7
Dr. Richard Rubin filed suit against attorney Savoie in Orleans Parish (Rubin I), then filed a similar suit in Jefferson Parish (Rubin II). Savoie excepted to Rubin I on venue grounds, and the except... view full summary
2.Indemnification allowed for indemnitee's own negligence.
Yolanda Berry, et al. v. Orleans Parish School Board, et al., 01-CC-3283 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7
Plaintiffs filed separate lawsuits on behalf of their minor children against the Lighthouse for the Blind and Orleans Parish School Board ("OPSB"), alleging that their children were sexually molested... view full summary
3.Directed verdict proper in grocery store slip-and-fall.
Walter W. Moore v. Brookshire Grocery Company, Inc., 02-C-0525 (La. 6/21/02) [1 p.]
From LSCR Volume 10, Issue 7
"Writ granted. The trial court did not err in granting defendant's motion for directed verdict. No reasonable person could conclude from this testimony presented by plaintiff that the grapes were on ... view full summary
CIVIL PROCEDURE

4.Crime of violence" prescription construed.
Ysonde Boland v. John D. Kleinpeter, et al., 01-C-3287 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7
Plaintiffs' mother had a pistol stolen from her house by a neighbor, Kleinpeter. Kleinpeter showed the pistol to a friend, Lauren Futrell, and discussed how "weird" it would be to shoot someone. Klei... view full summary
STATE AND LOCAL GOVERNMENT

5.Ban on casino political contributions constitutional.
Casino Association of Louisiana v. State of Louisiana, 02-CA-0265 (La. 6/21/02) [23 pp.]
From LSCR Volume 10, Issue 7
Land-based and riverboat casino interests filed suit to invalidate La.R.S. S 18:1505.2(L), prohibiting campaign contributions by those casinos and by related persons and entities. The district court ... view full summary
CONSTITUTIONAL LAW

6.Ruling that a law is unconstitutional as applied may not be appealed directly to the Court.
State v. Fleming, 01-KA-2799 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7
Defendants moved to quash their indictment, arguing that La. Code Crim. P. art. 413(C), governing the selection of grand jurors in Orleans Parish, was unconstitutional, and that it constituted a loca... view full summary
WORKERS' COMPENSATION

7.Death and burial expense benefits prescribe one year from date of death.
Jonise v. Bologna Brothers, 01-C-3230 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7
Plaintiff's decedent collapsed while at work and was pronounced dead on arrival at the hospital. More than one year after his death, plaintiff filed with the OWC a disputed claim for death benefits a... view full summary
CRIMINAL

8.Batson violation requires new trial for capital murderer.
State of Louisiana v. Edward Irvin Harris, 2001-KA-0408 (La. 6/21/02) [11 pp.]
From LSCR Volume 10, Issue 7
Defendant, a black male, was convicted of the drive-by murder of a rival drug dealer and a woman walking with him (first degree). At trial, the state peremptorily struck the first black venireman. Th... view full summary
9.Evidence suppressed: police did not make full disclosure in applying for the warrant.
State of Louisiana v. Ditra S. Horton, 01-KK-2529 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7
Defendants were charged with distribution of narcotics, and moved to suppress the evidence. Police had received information from a confidential informant ("CI") that individuals matching the descript... view full summary
10.Defendant is subject to statutory penalty as of the date of the offense, even if the penalty has been lessened as of the date of sentencing.
State v. Daniel Sugasti, 01-K-3407 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7
Defendant pled guilty to possession of heroin. At the time of the offense, and at the time of conviction, the applicable criminal statute, La.R.S. S 40:966(C)(1), disallowed probation or suspension o... view full summary
11.Lessened DWI penalties apply retroactively.
State v. Michael Mayeux, 01-KK-3195 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7
Defendant was convicted of DWI, fourth offense. At the time of the offense, the penalties for third and fourth DWI's provided for long mandatory jail terms, after which the defendant could have parti... view full summary
12.Subjective intent to search defendant does not create an "imminent stop."
State of Louisiana v. Ernest J. Dobard, 01-KK-2629 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7
Defendant was charged with possession of cocaine, and moved to suppress the evidence. Defendant was in a bar in a housing project in New Orleans when plainclothes vice police entered the bar to condu... view full summary
13.Evidence suppressed: discovery of narcotics in ceiling panels was not inevitable.
State of Louisiana v. Byron Vigne, 01-KK-2940 (La. 6/21/02) [13 pp.]
From LSCR Volume 10, Issue 7
Police received information from a confidential informant that defendant was wholesaling cocaine from his house. Based upon this evidence, police obtained a search warrant, which authorized the offic... view full summary
14.Prior offense for second possession of marijuana must have been possession, and not some other drug offense.
State v. Serell J. Anders, 01-K-0556 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7
The district judges in two unrelated cases granted defendants' motions to quash bills of information for possession of marijuana, second offense, on the ground that the defendants' previous convictio... view full summary