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Showing results for LSCR volume 15 LSCR issue 10
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DOMESTIC RELATIONS

1.Sealing financial and child custody information was erroneous.
Copeland v. Copeland, 07-CC-0177 (La. 10/16/07) [23 pp.]
From LSCR Volume 15, Issue 10
          In this highly publicized divorce and child custody proceeding between Jennifer Devall Copeland and Alvin Copeland (the "Copelands"), the pa... view full summary
CIVIL PROCEDURE

2.Portions of court of appeal's opinion that are dissented from are not part of the judgment.
State v. Walder, 07-K-0198 (La. 10/5/07) [1 p.]
From LSCR Volume 15, Issue 10
          Defendant pled guilty to 123 counts of aggravated cruelty to animals, in violation of La.R.S. S 14:102.1. Shortly after the seizure of the a... view full summary
STATE AND LOCAL GOVERNMENT

3.Assessors' fund tax, paid from other entities' taxes, constitutional.
City of New Orleans v. Louisiana Assessors' Retirement and Relief Fund, 2005-CA-2548 (La. 10/1/07) [70 pp.]
From LSCR Volume 15, Issue 10
          The plaintiff assessors' retirement fund ("Fund") provides retirement allowances and other benefits to the state's assessors and their emplo... view full summary
4.Senator term-limited; partial term began when election was final.
Deculus v. Welborn, 2007-C-1888 (La. 10/1/07) [14 pp.]
From LSCR Volume 15, Issue 10
          Plaintiffs filed this suit to challenge the candidacy of defendant, Senator Cleo Fields, for re-election to his senate seat on October 20, 2... view full summary
5.Payment of taxes under protest required to contest only ad valorem taxes.
Kinchen v. Livingston Parish Council, 07-C-0478 (La. 10/16/07) [7 pp.]
From LSCR Volume 15, Issue 10
          Plaintiff Carlene T. Kinchen appeals the dismissal of her suit on peremptory exception. In July, 2004, the Livingston Parish Council ("Paris... view full summary
6.Industrial district not exempt from taxation by recreation district.
International Paper Company v. Hilton, 07-C-0290 (La. 10/16/07) [28 pp.]
From LSCR Volume 15, Issue 10
          Plaintiff International Paper Company filed this suit to contest the imposition of an ad valorem property tax upon a parcel of land owned by... view full summary
CRIMINAL

7.Five-year additional penalty for use of a firearm may be added to habitual offender sentence, resolving a split in the circuits.
State v. Jack King, 06-K-1903 (La. 10/16/07) [9 pp.]
From LSCR Volume 15, Issue 10
          On May 18, 2004, the defendant committed an armed robbery of a bank with a handgun. Defendant was charged with one count of armed robbery wi... view full summary
8.Bystander shouting at police is guilty of resisting arrest of another.
City of Lafayette v. Darrell D. Desormeaux, 06-KP-1730 (La. 10/16/07) [10 pp.]
From LSCR Volume 15, Issue 10
          The City charged Michelle Desormeaux with violation of Lafayette City Ordinance S 86-5, which prohibits the playing of music in a vehicle at... view full summary
9.State may seek multiple enhanced penalties in the same proceeding, overruling controlling precedent.
State v. Monolo Anton Baker, 06-K-2175 (La. 10/16/07) [19 pp.]
From LSCR Volume 15, Issue 10
          Defendant appeals a sentence enhanced under the habitual offender act. Defendant Baker has the following relevant criminal history: a Decemb... view full summary