Archive of LSCR Articles

Showing results for LSCR volume 18 LSCR issue 1
Jump to a direct Volume/Issue
BAR / DISCIPLINARY / ETHICS

1.Disbarment ordered for former district court judge previously removed from office for judicial misconduct.
In Re: Craig Hunter King, 2009-B-1560 (La. 01/08/10) [9 pp.]
From LSCR Volume 18, Issue 1

          While serving as a district judge of Orleans Parish Civil District Court, respondent personally solicited campaign contributions and req... view full summary
JUVENILE

2.Parent not entitled to 5 day notice prior to trial to terminate parental rights.
State in the Interest of H.M.D. and J.J.W., 2009-CJ-2373 (La.01/08/10) [3 pp.]
From LSCR Volume 18, Issue 1
The State, through the Department of Social Services, Office of Community Services (OCS), filed a petition for termination of J.D.'s parental rights to her two minor children. J.D. and her counsel... view full summary
CRIMINAL

3.Consensual encounter with police officer does not rise to the level of a seizure or even an investigatory stop.
State v. Christina Herrera, 2009-KK-1783 (La. 12/18/09) [2 pp.]
From LSCR Volume 18, Issue 1
Defendant had walked toward a police officer on a train station platform. The officer identified himself, displayed his badge, and asked defendant if she would voluntarily speak with him. She free... view full summary
4.Release from prison effectively corrected illegal condition of sentence.
State v. Ronald Carlisle, 2009-KP-0474 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Pursuant to a plea bargain, defendant was sentenced to a term of incarceration exceeding 60 days. Contrary to the Court's holding in State v. Mayeaux, 01-3195 (La. 6/21/02), 820 So.2d 526, defenda... view full summary
5.Brady claim fails because evidence allegedly withheld could not satisfy materiality standard.
State v. Emile Matthews, 2009-KP-493 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Relying on Brady v. Maryland, 373 U.S. 83 (1962), defendant alleged that the State did not turn over a statement in which a witness purportedly identified another person as the shooter in a robber... view full summary
6.General motion to suppress "all items" is insufficient; defendant must move to suppress specific items.
State v. Lawson Wilder, 2009-KK-2322 (La. 12/18/09) [3 pp.]
From LSCR Volume 18, Issue 1
Defendant was charged with driving while intoxicated first offense. He filed a motion to suppress "all oral and/or recorded and/or written inculpatory statements made by Defendant" as well as "[a]... view full summary
7.A general denial and general factual assertions do not meet the requirements for a Notice of Claim by an owner of seized property under Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989.
State v. 2003 Infiniti G35, 2009-CC-1193 (La. 01/20/10) [19 pp.]
From LSCR Volume 18, Issue 1
In April 2008 the Lafourche Parish Drug Task Force (Task Force) seized a 2003 Infiniti G35 from defendant Kristofor Rebstock. Through surveillance of defendant's residence for several months, unde... view full summary
8.Writ granted and case remanded for consideration of possible Brady violation.
State v. Duncan, 2008-KP-2244 (La. 01/22/10) [2 pp.]
From LSCR Volume 18, Issue 1
The district court denied defendant's post-conviction application as time-barred under La. Code. Crim. P. art. 930.8(A).
          The Court g... view full summary