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CIVIL PROCEDURE

1.Family Court subject-matter jurisdiction and venue construed.
Spinosa v. Spinosa, 05-C-1935 (La. 7/6/06) [24 pp.]
From LSCR Volume 14, Issue 7
          This complex opinion construes the jurisdiction of the East Baton Rouge Family Court. Mr. and Mrs. Spinosa were married in 1980 and establis... view full summary
EVIDENCE

2.Court-appointed expert still qualified as expert in subsequent proceedings in same case.
Leard v. Schenker, 06C1116 (La. 6/16/2006) [4 pp.]
From LSCR Volume 14, Issue 7
          In this child custody proceeding, the district court rendered a considered decree awarding sole custody to the father, Mr. Schenker, and ter... view full summary
BAR / DISCIPLINARY / ETHICS

3.Judge's public comments merit judicial discipline.
In Re: Judge William A. Roe, 06-O-1243 (La. 6/23/06) [12 pp.]
From LSCR Volume 14, Issue 7
          In 1994, a class of oyster fishermen filed suit against the State of Louisiana and the Department of Natural Resources, asserting that their... view full summary
4.Decisional delay, accounting irregularities merit judicial discipline.
In Re: Judge Tammy Lee, 06-O-0454 (La. 7/6/06) [31 pp.]
From LSCR Volume 14, Issue 7
          The Judiciary Commission filed a formal charge against respondent alleging decisional delay and also irregularities and delay in accounting ... view full summary
WORKERS' COMPENSATION

5.Failure to report non-work-related injury forfeits benefits.
Haynes v. United Parcel Service, 05-C-2378 (La. 7/6/06) [7 pp.]
From LSCR Volume 14, Issue 7
          Claimant Haynes sustained head and neck injuries during his employment with the United Parcel Service, and began receiving medical and indem... view full summary
DOMESTIC RELATIONS

6.State cannot terminate parental rights without first assisting with reunification.
State in the Interest of A.T., T.A., & J.A., 06-CJ-0501 (La. 7/6/06) [17 pp.]
From LSCR Volume 14, Issue 7
          This is an appeal from a termination of parental rights. In October, 2002, Ms. A informed OCS that she could no longer care for her three mi... view full summary
7.Tax-exempt military benefits are "gross income" for child support purposes.
State, Dept. of Social Services v. L.T., 05-CJ-1965 (La. 7/6/06) [13 pp.]
From LSCR Volume 14, Issue 7
          The State filed this suit on behalf of two children of defendant Taylor, a noncommissioned officer in the United States Navy. Taylor is Grad... view full summary
CRIMINAL

8.Judge not disqualified merely because of employment at D.A.'s office.
State v. Connolly, 06-KD-0540 (La. 6/2/06) []
From LSCR Volume 14, Issue 7
          Relator Connolly seeks to vacate a recusal order entered sua sponte by respondent, the Honorable Charles L. Porter, district judge presiding... view full summary
9.No reasonable suspicion necessary to ask woman what she was doing.
State v. Parker, 06-KK-0053 (La. 6/16/2006) [3 pp.]
From LSCR Volume 14, Issue 7
          Two New Orleans police officers, while on routine patrol during mid-morning on a weekday, observed the defendant attempting to open the lock... view full summary