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STATE AND LOCAL GOVERNMENT

1.Collateral source rule gives state full recovery against environmental polluters.
Louisiana, DOTD v. Kansas City So. Ry. Co., 2002-C-2349 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5
Louisiana Department of Transportation and Development ("DOTD") expended several million dollars to remove environmental pollution at a construction site for Interstate 49 in Shreveport, Louisiana. T... view full summary
TORTS

2.Dept. of Health and Hospitals liable for negligent enforcement of Sanitary Code.
Eileen Gregor v. Argenot Great Cent. Ins. Co., 2002-C-1138 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5
Plaintiffs filed suit to recover damages for the personal injury and wrongful death of Daniel Gregor, who died of vibrio vulnificus septicemia, after consuming raw oysters at a restaurant in Louisian... view full summary
BAR / DISCIPLINARY / ETHICS

3.Misrepresentations to court warrant permanent disbarment.
In re: Donald O. Pinkston, 2002-B-3251 (La. 5/20/03) [16 pp.]
From LSCR Volume 11, Issue 5
          Respondent attorney objects to a recommendation of disbarment. In 1993, Dwayne Small, respondent's stepson, pled guilty to manslaughter in O... view full summary
CRIMINAL

4.Mere possession of used crack pipe sufficient to convict of possession of cocaine.
State v. Sylvia, 01-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 5
Defendant appeals his conviction of attempted possession of cocaine. Defendant and another man were in a fist fight when police arrived. Both were intoxicated. Police arrested the two for public into... view full summary
5.Plea with reservation of right to appeal includes right to appeal evidentiary rulings.
State v. Joseph, 03-K-315 (La. 5/16/03) [2 pp.]
From LSCR Volume 11, Issue 5
Defendant pled guilty, with a reservation of right to appeal, but failed to specify which pretrial rulings he desired to reserve for appeal. Such failure as part of a guilty plea entered pursuant to ... view full summary
6.Nolle prosequi then re-indictment "continuance" not a speedy trial violation.
State v. Love, 2000-K-3347 (La. 5/23/03) [21 pp.]
From LSCR Volume 11, Issue 5
Defendant was charged with possession of cocaine with intent to distribute. ATF Agent Brown observed defendant discard a paper bag which later was determined to hold cocaine. Defendant's first trial ... view full summary
7.Capital conviction affirmed.
State v. Tate, 2001-KA-1658 (La. 5/20/03) [29 pp.]
From LSCR Volume 11, Issue 5
Defendant appeals his conviction of first-degree murder of three people by drive-by shooting during an armed robbery. Defendant and his accomplices, driving defendant's Cutlass, chased four other men... view full summary