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TORTS

1.Defamation fault standard is negligence; conditional privilege construed; establishing controlling precedent.
Kennedy v. Sheriff of East Baton Rouge, 05-C-1418 (La. 7/10/06) [33 pp.]
From LSCR Volume 14, Issue 8
          In this thorough opinion, the Court finally resolves issues of modern defamation law that have been unanswered since New York Times v. Sulli... view full summary
2.Loss of enjoyment of life can be a separate item of damages in Louisiana.
McGee v. A C and S Inc., 05-CC-1036 (La. 7/10/06) [26 pp.]
From LSCR Volume 14, Issue 8
          Plaintiffs, the widow and children of James McGee, filed the instant wrongful death and survival actions against, inter alia, decedent's for... view full summary
EVIDENCE

3.Suicide note not admissible as "dying declaration"; writ granted.
Garza v. Delta Tau Delta Fraternity, 05-CC-1508 (La. 7/10/06) [35 pp.]
From LSCR Volume 14, Issue 8
          The parents of student Courtney Garza filed suit against, inter alia, defendants Paul Upshaw and Delta Tau Delta ("DTD"), alleging that Garz... view full summary
MEDICAL MALPRACTICE

4.No medical negligence by delivery team.
Salvant v. State, Bd. of Sup. of LSU, 05-C-2126 (La. 7/6/2006) [23 pp.]
From LSCR Volume 14, Issue 8
          Plaintiff Salvant was admitted to the Medical Center of Louisiana for delivery of her baby. The baby's position was ROA, or right occiput an... view full summary
INSURANCE

5.Ambiguous policy allows higher, "per-person" coverage.
Hill v. Shelter Mutual Ins. Co., 05-C-1783 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8
          Decedent Cannon was a guest passenger in a vehicle driven by his wife, Kathleen Cannon, and insured by Shelter Mutual Insurance Company, whe... view full summary
CIVIL PROCEDURE

6.Without proving standing, default declaratory judgment is erroneous.
In Re: Joseph Melancon, 05-CA-1702 (La. 7/10/06) [11 pp.]
From LSCR Volume 14, Issue 8
          Plaintiff Melancon alleged in his petition that he had filed a worker's compensation claim, and that his employer, PCS, had filed an action ... view full summary
CRIMINAL

7.Multiple, un-Mirandized jailhouse statements admissible; capital conviction affirmed.
State v. Donald Lee Leger, Jr., 2005-KA-0011 (La. 7/10/06) [112 pp.]
From LSCR Volume 14, Issue 8
          The testimony at the capital murder trial of defendant Leger was as follows: Leger had had an affair with Kimberly Zimmerman during her sepa... view full summary
8.Batson challenge: Venireman's promise to be fair does not preclude a peremptory challenge.
State v. Melvin Elie, 05-K-1569 (La. 7/10/06) [22 pp.]
From LSCR Volume 14, Issue 8
          Defendant Elie was indicted for second-degree murder, but convicted of manslaughter. An eyewitness who knew both Elie and the victim saw Eli... view full summary
9.Speedy trial rights not violated after 10-year delay.
State v. Thomas, 06-KK-0619 (La. 7/11/06]
From LSCR Volume 14, Issue 8
          In November, 1996, respondents Thomas and Dyer were indicted with first degree murder. Shortly thereafter, respondents upset the course of t... view full summary
10.Police could Terry-stop a suspect behind the wheel of a disabled car.
State v. Matthew Kelley, 05-K-1905 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8
          Defendant appeals the denial of his motion to suppress. On the morning of the arrest, police acted on a complaint concerning a man (the defe... view full summary
11.Firearm-discharge sentence enhancement applicable to drive-by shooting.
State v. Mickel Brisco, 04-K-3039 (La. 7/6/06) [20 pp.]
From LSCR Volume 14, Issue 8
          One month after defendant Brisco separated from his ex-wife, he fired four shots into his former family home. Defendant was arrested and con... view full summary
12.La. mental retardation procedure not unconstitutional.
State v. Turner, 05-KA-2425 (La. 7/10/06) [25 pp.]
From LSCR Volume 14, Issue 8
          Defendant was charged with first-degree murder. Defendant claimed that he is mentally retarded and consequently, is not subject to capital p... view full summary