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Showing results for LSCR volume 15 LSCR issue 11
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CONTRACTS

1.Article 9 security interest lost after collateral was brought to Louisiana.
First National Bank of Picayune v. Pearl River Fabricators, 06-CC-2195 (La. 11/16/07) [30 pp.]
From LSCR Volume 15, Issue 11
          Defendant Pearl River Fabricators, a corporation in Picayune, Mississippi, borrowed $200,000 from the First National Bank of Picayune (FNB) ... view full summary
CIVIL PROCEDURE

2.Service requested on state defendants through incorrect agent is invalid; case dismissed.
Johnson v. University Medical Center in Lafayette, 07-CC-1683 (La. 11/21/07]
From LSCR Volume 15, Issue 11
          Defendants seeks review of the denial of their motion to dismiss. On March 15, 2006, plaintiff filed the instant petition for damages agains... view full summary
3.Katrina prescription statutes apply, and not contra non valentem.
Hunter Harris v. Elizabeth Stogner, 07-CC-1451 (La. 11/9/07) [3 pp]
From LSCR Volume 15, Issue 11
          On October 14, 2002, plaintiff, Hunter Harris, filed the instant suit against defendants, who filed their answer on December 20, 2002. There... view full summary
CRIMINAL

4.Capital conviction reversed: State struck juror expressly because of race.
State v. Robert Glen Coleman, 06-KA-0518 (La. 11/2/07) [13 pp.]
From LSCR Volume 15, Issue 11
          Defendant Coleman was indicted by a grand jury for first degree murder and attempted first degree murder, found guilty, and sentenced to dea... view full summary
5.Search warrant for a premises does not give authority to search all persons present.
State v. Boyer, 2007-K-0476 (La. 10/16/07) [32 pp.]
From LSCR Volume 15, Issue 11
          The defendant appeals the denial of his motion to suppress. Lafourche Parish police had identified Antonio Tillman as a drug distributor. In... view full summary
6.Courts must apply sentencing law in effect on date of commission of the crime.
State v. Derrick Hyde, 07-OK-1314 (La. 11/21/2007) [2 pp.]
From LSCR Volume 15, Issue 11
          Writ granted. "The trial court erred in applying the sentencing law in effect on the date of defendant's conviction, 2005 La. Acts 497, as o... view full summary
7.Defense counsel's failure to visit crime scene with the judge not ineffective assistance.
State v. Jason Matthis, 07-KP-0691 (La. 11/2/07) [11 pp.]
From LSCR Volume 15, Issue 11
          Defendant applies for post-conviction relief from his conviction of second-degree murder. The victim was found beaten to death in a remote a... view full summary
8.Consolidated trial of misdemeanor offenses does not violate right to trial by jury.
State v. Reynolds, 07-KP-0641 (La. 11/21/07) [3 pp.]
From LSCR Volume 15, Issue 11
          Defendant was tried for multiple misdemeanor offenses concurrently, by stipulation of the parties, in which the State agreed to cap the pena... view full summary
9."Inaudible" jury selection record requires reversal and retrial.
State v. Joseph Wayne Pinion, 06-K-2346 (La. 10/26/07) [11 pp.]
From LSCR Volume 15, Issue 11
          Jury selection in this second-degree murder case required 3 panels of 14 prospective jurors each. The questioning of all panels by the State... view full summary
10.Presumption of regularity attaches to prior guilty plea proceedings.
State v. Clesi, 07-K-0564 (La. 11/16/07) [3 pp.]
From LSCR Volume 15, Issue 11
          Defendant was charged with a fourth felony offender bill. In a pro se written response, defendant stated that the prior offenses did not sup... view full summary