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Showing results for LSCR volume 14 LSCR issue 12
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INSURANCE

1.UM waiver requires strict compliance with the commissioner's waiver form; resolving a split in the circuits.
Tammy Kay Duncan v. U.S.A.A. Insurance Company, 06-CC-0363 (La. 11/29/06]
From LSCR Volume 14, Issue 12
          The issue is whether UM coverage was validly waived when the line for policy number was left blank on the form prescribed by the commissione... view full summary
TORTS

2.Power co. on notice of dangerous condition, despite exoneration in previous suit involving same condition.
Foley v. Entergy Louisiana, Inc., 06-C-0983 (La. 11/29/06) [41 pp.]
From LSCR Volume 14, Issue 12
          This case arises out of a suit for personal injuries sustained when 24-year-old roofer Jeremy Foley ("Foley") and a co-worker raised a 20-fo... view full summary
CIVIL PROCEDURE

3.Recordation of judgment against political subdivision is without effect.
Holly & Smith Architects, Inc. v. St. Helena Congregate Facility, Inc., 06-C-0582 [11/29/06]
From LSCR Volume 14, Issue 12
          Plaintiff Holly & Smith Architects, Inc. ("Holly & Smith") obtained three judgments against defendant St. Helena Parish Hospital Service Dis... view full summary
4.Erroneously admitted evidence does not require de novo appellate review.
John Lam v. State Farm Mut. Auto. Ins. Co., 05-C-1139 (La. 11/29/06) []
From LSCR Volume 14, Issue 12
          Plaintiffs filed this suit to recover personal injuries suffered by their son in an automobile accident. Plaintiff Hue Lam was driving a Nis... view full summary
JUVENILE

5.Juvenile court may not revise OCS case plan.
State the Interest of R.A., 06-C-J2380 (La. 12/15/06) [10 pp.]
From LSCR Volume 14, Issue 12
          The juvenile court held a review hearing pursuant to La. Ch. Code art. 692 to review the case plan prepared by the Office of Community Servi... view full summary
STATE AND LOCAL GOVERNMENT

6.Public Service Commission assessments not a "tax."
Voicestream GSM I Operating Co. v. La. Public Service Comm'n, 2005-CA-2578 (La. 11/29/06) [21 pp.]
From LSCR Volume 14, Issue 12
          Plaintiffs are providers of wireless telecommunications services in Louisiana under the more widely known corporate name "T-Mobile." T-Mobil... view full summary
CRIMINAL

7."Sufficiency of evidence" review does not include fact-finder's thought process.
State v. Keith Marshall, 04-K-3139 (La. 11/29/05) [13 pp.]
From LSCR Volume 14, Issue 12
          Defendant was charged with possession of cocaine. Police officers Paxton and Barre stated that they stopped defendant's car because its tail... view full summary
8.Use of handcuffs does not convert Terry stop into an arrest.
State v. Farrell Porche, 06-KK-0312 (La. 11/29/06) [14 pp.]
From LSCR Volume 14, Issue 12
          The State appeals an order suppressing evidence. Louette Young reported a possible burglary in progress at her apartment in Citrus Creek Apa... view full summary
9.Accomplice's testimony was sufficient to convict.
State v. Hughes, 2005-K-0992 (La. 11/29/06]
From LSCR Volume 14, Issue 12
          Defendant Hughes appeals his conviction of manslaughter. In August, 2002, at 7:30 p.m., Shannon Williams was shot twice in the head in the k... view full summary
10.Defendant guilty of attempted armed robbery, although he did not ask for any money.
State v. Ordodi, 06-K-0207 (La. 11/29/06) [20 pp.]
From LSCR Volume 14, Issue 12
          Defendant Ordodi appeals his conviction of attempted armed robbery. A customer at Regions Bank saw the defendant, as he walked toward the ba... view full summary
11.Error patent review does not include guilty plea colloquy.
State v. Katrina Robinson, 06-K-1406 (La. 12/8/06) [1 p.]
From LSCR Volume 14, Issue 12
          "In State v. Guzman, 99-1528, p. 6 (La. 5/16/00), 769 So.2d 1158, 1162, this Court expressly overruled its prior decision in State v. Godejo... view full summary
12.Boykin: Defendant's waiver of his right to "cross-examination" is waiver of confrontation.
State v. Derrell Mendenhall, 06-K-1407 (La. 12/8/06) [2 pp.]
From LSCR Volume 14, Issue 12
          At defendant's guilty plea, the trial judge informed defendant that the state would have to prove its case beyond a reasonable doubt and tha... view full summary
ADMINISTRATIVE

13.Time limit for civil service investigation is not mandatory.
William Marks v. New Orleans Police Department, 06-C-0575 (La. 11/29/06) [13 pp.]
From LSCR Volume 14, Issue 12
          Sergeant William Marks, a New Orleans police officer with permanent status, was disciplined for an incident which occurred on November 2, 20... view full summary