Archive of LSCR Articles
Showing results for LSCR volume 14 LSCR issue 8 | Jump to a direct Volume/Issue
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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 |
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