Archive of LSCR Articles
Showing results for LSCR volume 14 LSCR issue 5 | Jump to a direct Volume/Issue
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| CIVIL PROCEDURE
| | 1. | Physician-patient privileged records discoverable on showing of need.
Moss v. State , DOTD, 05-CC-1963 (La. 4/4/06) [25 pp.]
From LSCR Volume 14, Issue 5 Plaintiff's decedent was killed in a head-on collision with a vehicle operated by Juanita Smith. Plaintiffs filed suit against the State of ... view full summary | | 2. | Late-filed affidavits may not be considered on motion for summary judgment.
Buggage v. Volks Elevators, 06-C-0175 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 "Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting the motion for summary judgment filed by [de... view full summary | | CONSTITUTIONAL LAW
| | 3. | Citizens have standing to restrain unlawful expenditures, no matter how small.
Eugene Ralph v. City of New Orleans, 06-C-0153 (La. 5/5/06) [4 pp.]
From LSCR Volume 14, Issue 5 Plaintiffs appeal the sustaining of an exception of no cause or right of action. The City of New Orleans ("City") enacted local ordinances t... view full summary | | WORKERS' COMPENSATION
| | 4. | Hearing officer's prior service as mediator disqualifies her to preside over same case; supervisory writ granted.
Rodrigue v. Lafourche Parish Sch. Bd., 06-CC-0459 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 In this workers' compensation litigation, the parties appeared for a mediation conference before attorney Lanier, who served as a mediator f... view full summary | | CRIMINAL
| | 5. | Failure to object prior to conviction waives erroneous joinder of counts in indictment.
State v. Wade Knott, 05-K-2252 (La. 5/5/06) [3 pp.]
From LSCR Volume 14, Issue 5 Defendant was indicted on four counts, including one count for a sex crime allegedly committed no later than 1982, and which had fully presc... view full summary | | 6. | Double jeopardy does not bar second trial and conviction on lesser, included offense.
State v. Thomas, 05-K-2373 (La. 4/17/06) [3 pp.]
From LSCR Volume 14, Issue 5 Defendant had been previously indicted for aggravated burglary, was tried, and was convicted of the lesser, included offense of attempted ag... view full summary | | 7. | Speedy trial prescriptive period extended by joint picking of trial date.
State v. Morris Randal Fish, 05-KK-1929 (La. 4/17/2006) [4 pp.]
From LSCR Volume 14, Issue 5 The State filed a bill of information against defendant on June 14, 2001. The state then had 2 years within which to bring him to trial, or ... view full summary | | 8. | Capital sentence affirmed.
State v. Michael Weary, 03-KA-3067 (La. 4/24/06) [67 pp.]
From LSCR Volume 14, Issue 5 Defendant appeals his conviction of first-degree murder and sentence of death. The victim, Walber, was found lying face down alongside a roa... view full summary | | 9. | Habitual offender statute construed.
State v. Stanley Washington, 05-KO-1330 (La. 4/28/06) [2 pp.]
From LSCR Volume 14, Issue 5 Defendant was charged and sentenced as an habitual offender. His prior arrest was for an armed robbery committed in 1980. He was sentenced t... view full summary |
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