| TORTS
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| 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
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| 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
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| 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
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| 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
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| 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 |