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Showing results for LSCR volume 11 LSCR issue 6
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TORTS

1."Aggressor doctrine" no longer a defense to battery; overruling controlling precedent.
Landry v. Bellanger, 2002-C-1443 (La. 5/20/03) [19 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff Landry was drunk when he insulted defendant Bellanger in a bar, threatened to "whip [his] ___," and poked him in the chest. Bellan... view full summary
CIVIL PROCEDURE

2.Defendant failed to preserve error on application for certiorari; writ dismissed.
Johnson v. State of Louisiana, 2002-C-2382 (La. 5/20/03) [5 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff tripped and fell in a building owned by the State of Louisiana. She alleged that the metal strip on the edge of a stair constitute... view full summary
3.District judge may not recall erroneously signed final judgment.
Bourgeois v. Kost, 2002-C-2785 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6
          Plaintiffs' personal injury suit was tried to the district judge, who asked the parties to submit post-trial memoranda and proposed judgment... view full summary
4.Out-of-state attorney representing Louisiana client subject to personal jurisdiction in Louisiana.
Alonso v. Line, 2002-CC-2644 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff Alonso hired defendant, attorney Line, to represent her in a personal injury suit arising out of an automobile collision in Baton ... view full summary
CONTRACTS

5.Majority-owner timber sale statute constitutional.
Allain v. Martco Partnership, 2002-CA-1796 (La. 5/23/03) [15 pp.]
From LSCR Volume 11, Issue 6
          Plaintiffs are 17% undivided owners of a tract of timberland. The 83% owners contracted with defendant Martco to sell the timber interests i... view full summary
STATE AND LOCAL GOVERNMENT

6.Private, charter, and special schools are not entitled to a share of lump-sum Tobacco Settlement, when they are only entitled to "earnings" of the Education Fund.
East Baton Rouge School Board v. Foster, 2002-CA-2799 (La.6/6/03) [33 pp.]
From LSCR Volume 11, Issue 6
          This declaratory judgment action was brought by Louisiana public school boards to determine the complex distribution of proceeds from tobacc... view full summary
CRIMINAL

7.State cannot withhold names of potential witnesses on safety grounds.
State v. Miller, 03-KK-0796 (La. 6/4/03) [3 pp.]
From LSCR Volume 11, Issue 6
          The State opposed Brady/Giglio defendant's discovery requesting a list of potential witnesses, on the ground that it places the witnesses at... view full summary
8.Victim's post-traumatic stress disorder inadmissible as substantive proof of sex abuse.
State of Louisiana v. Chauvin,2002-K-1188 (La. 5/20/03) [20 pp.]
From LSCR Volume 11, Issue 6
          At defendant's trial on two counts of indecent behavior with a juvenile, and over his objection, the State was allowed to introduce the expe... view full summary
9."Shoot the burglar" statute does not justify shooting of friend in defendant's house.
State in the Interest of D.P.B., 022-CK-1742 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6
          The juvenile, defendant D.P.B., was adjudicated a delinquent for the crime of manslaughter, La.R.S. S 14:31. Defendant and J.P.R. had been f... view full summary
10.No laboratory proof necessary to establish that substance was cocaine.
State v. Harris, 2002-K-1589 (La. 5/20/03) [9 pp.]
From LSCR Volume 11, Issue 6
          Police officers observed defendant on the street selling cocaine that he kept in a paper bag hidden within nearby shrubbery. After arrest, t... view full summary
11.While one count in a joint indictment was still pending on appeal, the state timely re-indicted on another count.
State v. Washington, 2002-KK-1346 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6
          Defendant was indicted jointly in a single true bill for armed robbery and aggravated rape. Defendant never moved to sever the charges. Afte... view full summary
12.Circumstantial evidence sufficient to convict of manslaughter. State v. Donald Brown, 2002-K-1922 (La.
5/20/03) [10 pp.]
From LSCR Volume 11, Issue 6
          Defendant appeals his conviction of manslaughter. The naked body of Kathryn Rankin was found about in the morning on April 7, 1999, along a ... view full summary