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CIVIL PROCEDURE

1.Cheron v. LCS Corrections Services and State of Louisiana
2004-CC-0703 (La. 01/19/05) [17 pp.]
From LSCR Volume 13, Issue 2
          Patrick R. Cheron, while an inmate of Pine Prairie Correctional Facility, a private prison in Evangeline Parish operated by LCS Corrections ... view full summary
STATE AND LOCAL GOVERNMENT

2."Rededication" of sales and use tax revenue is invalid.
Denham Springs Econ. Dev. Dist. v. All Taxpayers, 2004-C-1674 (La. 2/4/05) [15 pp.]
From LSCR Volume 13, Issue 2
          The legislature created the Denham Springs Economic Development District ("District"), composed of 75 acres of property within the city of D... view full summary
3."Defense of Marriage" amendment does not violate "one object" rule.
Forum for Equality PAC v. McKeithen, 2004-CA-2477 c/w 2004-CA-2523 (La. 01/19/05) [35 pp.]
From LSCR Volume 13, Issue 2
          Plaintiffs filed suit to challenge 2004 La. Acts No. 926, which submitted to the voters in a statewide election a proposed amendment to the ... view full summary
4.Challenges to "Defense of Marriage" amendment dismissed; prior action is res judicata.
Forum for Equality PAC v. McKeithen, 2004-OC-2551 (La. 01/19/05) [12 pp.]
From LSCR Volume 13, Issue 2
          The underlying facts of this case are related in the Court's opinion in Forum for Equality PAC v. McKeithen, 2004-CA2477 c/w 2004-CA2523, in... view full summary
5.Increased employer taxes for state employees' retirement system are valid.
La. Municipal Ass'n v. State, and Firefighters' Retirement System, 2004-CA-0227 (La. 1/19/05) [87 pp.]
From LSCR Volume 13, Issue 2
          Plaintiffs in this complex case are associations, political subdivisions, and fire districts that employ firefighters in Louisiana. Plaintif... view full summary
CONSTITUTIONAL LAW

6."Crime against nature" still enforceable against prostitutes; distinguishing Supreme Court jurisprudence.
State v. Thomas, 04-KA-0559 (La. 1/19/05) [11 pp.]
From LSCR Volume 13, Issue 2
          Defendant was charged with soliciting an undercover officer to engage in "unnatural oral copulation for compensation" in violation of La.R.S... view full summary
CRIMINAL

7.Failure to introduce mental health evidence in support of insanity defense is not ineffective assistance of counsel.
State v. Russell, 04-KP-1622 (La. 2/25/05) [4 pp.]
From LSCR Volume 13, Issue 2
          The district court granted defendant's post-conviction application for relief, finding that defense counsel rendered ineffective assistance ... view full summary
ADMINISTRATIVE

8.Insurance Commissioner cannot appeal ALJ's regulatory ruling; Admin. Procedure Act construed.
J. Robert Wooley , Acting Comm'r of Insurance v. State Farm Fire and Cas. Co., 2004-CA-0882, (La. 01/19/05) [42 pp.]
From LSCR Volume 13, Issue 2
          The two-phased litigation began when State Farm Fire and Casualty Ins. Co. ("State Farm") filed with the Insurance Commissioner a Rental Con... view full summary