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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