| CRIMINAL
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| 1. | Warrant based on probable cause is necessary to obtain DNA sample; capital conviction affirmed.
State v. Derrick Todd Lee, 05-KA-2098 (La. 1/16/08) [68 pp.]
From LSCR Volume 16, Issue 1 Defendant appeals his conviction of murder and sentence of death. Because the defendant's appeal involves the res nova issue of the warrantl... view full summary |
| 2. | Request for counsel revoked by defendant; capital conviction affirmed.
State v. Jesse Jay Montejo, 06-KA-1807 (La. 1/16/08) [35 pp.]
From LSCR Volume 16, Issue 1 Defendant Montejo was convicted in the burglary-murder of Lewis Ferrari. Police interrogated Montejo on videotape for 7 hours on September 6... view full summary |
| 3. | Defendant may not apply for suspension of sentence after it is executory.
State v. Willis Thomas, 07-KP-0634 (La. 1/11/08) [4 pp.]
From LSCR Volume 16, Issue 1 Defendant Willis Thomas pled guilty to second degree murder on November 3, 1975, and was sentenced to life imprisonment at hard labor. At th... view full summary |
| TORTS
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| 4. | On rehearing: Dismissal of DOTD does not require reallocation of fault.
Hebert v. Rapides Parish Police Jury, 06-C-2001 (La. 4/11/07) (on rehearing) [10 pp.]
From LSCR Volume 16, Issue 1 Plaintiffs the Heberts brought a wrongful death and survival action against the State through DOTD and the Rapides Parish Police Jury ("RPPJ... view full summary |
| MEDICAL MALPRACTICE
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| 5. | MMA cap on total damages does not reduce every defendant's liability.
Nora Miller v. Lammico, 07-C-1352 (La. 1/16/08) [30 pp.]
From LSCR Volume 16, Issue 1 Plaintiff Nora Miller sued defendant Dr. Biddle in medical malpractice after she became massively infected following the birth of her child.... view full summary |
| CIVIL PROCEDURE
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| 6. | Family courts have exclusive jurisdiction of dating violence cases.
Welborn v. 19th Judicial District Court, 07-C-1087 c/w 07-C-1202 (La. 1/16/08) [18 pp.]
From LSCR Volume 16, Issue 1 Plaintiff Doug Welborn is the Clerk of Court of the 19th Judicial District Court. Pursuant to his statutory duties, the clerk was randomly a... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 7. | "Further processing" exception to sales and use taxes construed.
International Paper v. Bridges 07-C-1151 (La. 1/16/08]
From LSCR Volume 16, Issue 1 Plaintiff International Paper ("IP"), a paper manufacturer, applied to the Department of Revenue ("DOR") for a refund of sales and use taxes... view full summary |