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Showing results for LSCR volume 14 LSCR issue 3
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TORTS

1.Summary judgment for paramedics; supervisory writ granted.
Lemann v. Essen Lane Daiquiris, Inc., 2005-CC-1095 (La. 3/10/06) [18 pp.]
From LSCR Volume 14, Issue 3
          Plaintiffs filed this suit to recover for the wrongful death of their son Parker, who was allegedly deprived of a chance of survival by para... view full summary
BAR / DISCIPLINARY / ETHICS

2.Rulings off the record, and without a hearing, merit judicial discipline.
In Re: Judge Elloie, 05-O-1499 (La. 1/19/06) [35 pp.]
From LSCR Volume 14, Issue 3

          Respondent has served as a judge continuously since 1997. The facts are as follows: Defendant Brown was charged with the second degree m... view full summary
CIVIL PROCEDURE

3.30 days to apply for supervisory writ not suspended during unauthorized application for rehearing
State v. Crandell, 05-KK- 1060 (La. 3/10/06) [28 pp.]
From LSCR Volume 14, Issue 3
          In 1991, a jury found defendant guilty of first degree murder but was unable to reach a unanimous verdict; and defendant was therefore sente... view full summary
EVIDENCE

4.Inculpatory statements to physician, and incriminating test results, not privileged.
State v. Marullo, 05-KK-1921 (La. 3/10/06) [3 pp.]
From LSCR Volume 14, Issue 3
          Defendant moved to suppress his statements to the examining physician and blood test showing blood alcohol level when he was brought into th... view full summary
WORKERS' COMPENSATION

5.Emergency physician was claimant's "physician of choice."
Snearl v. Kelly's Industrial Services, 06-CC-0218 (La. 3/17/06) [3 pp.]
From LSCR Volume 14, Issue 3
          Claimant Alton Snearl was injured in the course and scope of his employment with Kelly's Industrial Services, Inc. ("Kelly") when a "bush ho... view full summary
CRIMINAL

6.New trial to serve the "ends of justice" is within the trial judge's discretion.
State v. Corey Miller, 2005-K -1111 (La. 3/10/06) [4 pp.]
From LSCR Volume 14, Issue 3
          After a jury verdict of conviction, the district court granted the defendant's motion for new trial, finding that the state's illegal suppre... view full summary
7.Circumstantial evidence of intent sufficient for arson conviction.
State v. Ruben Sosa, 2005-K -0213 (La. 1/19/06) [14 pp.]
From LSCR Volume 14, Issue 3
          Defendant Sosa was charged with arson with the intent to defraud. La.R.S. S 14:53. In response to information received about the defendant, ... view full summary
8.Waiver of counsel in colloquy via satellite video was effective.
State v. Simmons, 05-KK-1462 (La. 3/17/06) [2 pp.]
From LSCR Volume 14, Issue 3
          Defendant moved to quash the bill of information against him for second offense DWI, on the ground that the record of the predicate 1995 DWI... view full summary