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CONSTITUTIONAL LAW

1.Men-only country club restaurant illegal; injunction issued; establishing controlling precedent.
Albright v. Southern Trace Country Club, 03-C-3413 (La. 7/6/04) [38 pp.]
From LSCR Volume 12, Issue 7
          This is the first time since the adoption of the Louisiana Constitution of 1974 that the Court has been called upon to determine the burden ... view full summary
MEDICAL MALPRACTICE

2.Medical review panelists may be hired as experts at trial;
establishing controlling precedent. Medine v. Roniger, 2003-C-3436 (La. 7/2/04) [19 pp.]
From LSCR Volume 12, Issue 7
          Plaintiffs filed this medical malpractice suit to recover damages for the wrongful death of their son, who died of an intentional overdose o... view full summary
TORTS

3.Jury's disbelief of changed testimony after "Mary Carter" agreement not manifestly erroneous; defense verdict affirmed.
Bonin v. Ferrellgas, Inc., 03-C-3024 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 7
          Plaintiffs filed this suit to recover damages for personal injuries they suffered when a cabin they were staying in at a campground caught f... view full summary
CIVIL PROCEDURE

4.Summary judgment reversed: internal inconsistencies in uncontradicted deposition testimony preclude summary judgment.
Wadsworth v. Garrett, 2004-C-0806 (La. 6/25/04) [7 pp.]
From LSCR Volume 12, Issue 7
          Plaintiffs filed this suit to recover damages they suffered when they struck defendant's cows while driving on the highway adjacent to his p... view full summary
5.Daubert ruling must be made before granting summary judgment.
Basco v. Liberty Mutual Insurance Company, 04-CC-1316 (La. 6/25/04) [1 p.]
From LSCR Volume 12, Issue 7
          "Granted. Because the trial court failed to completely decide the admissibility of defendants' expert evidence under Daubert v. Merrill Dow ... view full summary
STATE AND LOCAL GOVERNMENT

6.Constitutional prohibition on local taxation of "motor fuel" is broadly interpreted.
Ocean Energy, Inc. v. Plaquemines Parish Government, 2004-C-0066 (06/07/04) [24 pp.]
From LSCR Volume 12, Issue 7
          This is an action for refund of sales and use taxes paid under protest. Conducting an audit, Plaquemines Parish Government ("PPG") found tha... view full summary
WORKERS' COMPENSATION

7.Injury on the way to construction site compensable under the WCA.
Dean v. SouthMark Const., 2003-C-1051 (La. 7/6/04) [16 pp.]
From LSCR Volume 12, Issue 7
          Claimant Dean was hired as a laborer by subcontractor Markle, who was laying foundations for houses built by defendant SouthMark Constructio... view full summary
CRIMINAL

8.Multiple offender bill may be filed after completion of sentence for the underlying offense;
overruling controlling precedent. State v. Muhammad, 2003-K-2991 (05/25/04) [21 pp.]
From LSCR Volume 12, Issue 7
          A jury found defendant Muhammad guilty on 17 counts of access device fraud. He was sentenced on April 9, 1999 to 4 years total, and was addi... view full summary
9.Juvenile adjudication of delinquency is not a "conviction" that can be used to support a multiple offender bill.
State v. Quincy Brown, 2003-K-2788 (La. 04/07/04) [24 pp.]
From LSCR Volume 12, Issue 7
          Defendant Brown was a juvenile when he was adjudicated a delinquent for attempt second degree murder, and an adult when he was charged with ... view full summary
10.Answer to improper voir dire hypothetical not grounds for reversal.
State v. Taylor, 2003-K-1834 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7
          At defendant's jury trial for second-degree murder of a co-worker, he intended to present evidence of self- defense. During voir dire, one j... view full summary
11.Prosecutorial misconduct before the grand jury does not give targets and witnesses the right to an injunction.
In Re: Matter Under Investigation, Grand Jury No. 1, 04-KK-0672 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7
          The district attorney was presenting before the grand jury evidence of mistreatment of patients at a state- licensed health care facility. S... view full summary
12.Apparent violation of Louisiana motor vehicle law allows initial, investigatory traffic stop, even if no real violation occurred.
State v. Strange, 04-KK-0273 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7
          Defendants Porter and Strange were charged with possession of marijuana with intent to distribute. Defendants were in a Thunderbird travelin... view full summary
13.Defendant has no standing to challenge indictment rendered by unconstitutional procedure.
State v. Mercadel, 2003-KA-3015 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7
          Defendant was indicted by an Orleans Parish grand jury in January, 2003 on a charge of first degree murder, and pled not guilty. In July, 20... view full summary
14.In penalty phase, relatives of victim may testify as to other crimes committed against them by defendant.
State v. Jacobs, 03-KK-3349 (La. 6/25/04) [2 pp.]
From LSCR Volume 12, Issue 7
          Defendant's supervisory writ granted: "In the event that retrial of this case reaches a penalty phase at which Ghebrab and Aseghedec Ghebrzi... view full summary