Archive of LSCR Articles

Showing results for LSCR volume 14 LSCR issue 4
Jump to a direct Volume/Issue
CRIMINAL

1.Probable cause to arrest on any charge allows police to search the defendant completely, regardless of the offense for which he is arrested, and regardless of probable cause to search; establishing controlling precedent.
State v. Sherman, 05-K-0779 (La. 4/4/06) [18 pp.]
From LSCR Volume 14, Issue 4
          Defendant appeals his conviction of possession with intent to distribute. Police were on a narcotics interdiction patrol on Lincoln Road in ... view full summary
2.Contractor guilty of misapplication of funds.
State v. Jack S. Spears, 05-K-0964 (La. 4/4/06) Defendant appeals his conviction of misapplication of construction funds. The Kirkhams were engaged in a chicken raising operation. They contracted with defendant Spears's construction company to build
From LSCR Volume 14, Issue 4
          must exclude every reasonable hypothesis of innocence." The essential elements of S 14:202 are: (1) the existence of a contract to construct... view full summary
CONTRACTS

3.Client's refusal to execute a settlement does not entitle lawyer to a contingent fee.
Culpepper & Carroll, PLLC v. Cole, 05-C-1136 (La. 4/4/06) [6 pp.]
From LSCR Volume 14, Issue 4
          Plaintiff law firm filed this suit to recover attorney's fees. Defendant Cole retained attorney Culpepper of the firm of Culpepper & Carroll... view full summary
INSURANCE

4.Self-insured city not liable for penalties for failure to pay insurance claims.
Pumphrey v. City of New Orleans, 05-C-0979 (La. 4/4/06) [17 pp.]
From LSCR Volume 14, Issue 4
          Plaintiffs filed individual suits seeking penalties and attorney's fees for nonpayment and/or untimely payment of insurance benefits, which ... view full summary
CIVIL PROCEDURE

5.Notice of tax sale must be given to all co-owners, or the sale is void.
Gabriel Lewis, Jr. v. Succession of Matthew Johnson, 05-C-1192 (La. 4/4/06) [22 pp.]
From LSCR Volume 14, Issue 4
          In June, 1994, the Sheriff of the Parish of St. Landry ("sheriff") sold a 13-acre property to plaintiff Lewis. At the time of the sale, four... view full summary
6.Party may not intentionally enroll counsel that would force recusal.
Disaster Restoration Dry Cleaning v. Pellerin Laundry Machinery Sales Co., 05-CC-0715 (La. 4/17/06) [17 pp.]
From LSCR Volume 14, Issue 4
          On October 25, 2001, Pellerin and Disaster entered into a contract where Pellerin agreed to design a dry cleaning plant and supply the plant... view full summary
STATE AND LOCAL GOVERNMENT

7.Use taxes applicable to property used in interstate commerce; "taxable moment" doctrine construed; overruling controlling precedent.
Word of Life Christian Center v. West, 04-C-1484 (La. 4/17/06) [33 pp.]
From LSCR Volume 14, Issue 4
          Taxpayer the Word of Life Christian Center, Inc. ("Word of Life") is a nonprofit corporation located in Ascension Parish. In 1997, Word of L... view full summary
8.Governmental subdivisions may not contract away their taxing powers.
Hudson v. Bossier City, 05-C-0351c/w 05-C-0352 (La. 4/17/06) [25 pp.]
From LSCR Volume 14, Issue 4
          Plaintiffs filed this suit to invalidate revenue-sharing agreements entered into by governmental entities in Bossier Parish. The 1991 Louisi... view full summary