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Showing results for LSCR volume 18 LSCR issue 1
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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
CIVIL PROCEDURE

9.Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 18, Issue 1
     The First Circuit declined to consider a writ application as untimely. The Court granted a supervisory writ and vacated that ruling. The application had been file... view full summary
10.Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects in the home that they had build and sold to him. In February 2014 defend... view full summary
EVIDENCE

11.Lower courts erred in excluding testimony from experts.
01/28/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary
CRIMINAL

12.Court orders reconsideration of other crimes evidence.
State v. Kyle David Joekel, 2019-KK-01735 (La. 01/08/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     Defendant was charged with first-degree murder in the shooting of a Shreveport police officer. The State sought to introduce evidence of other crimes under ... view full summary
13.Bourbon Street pat-down was justified under Terry.
State v. Michael Tate, 2019-KK-1618 (La. 01/14/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Defendant was observed on Bourbon Street in New Orleans talking with a man who was rolling a substance in cigar paper. Believing the substance to be marij... view full summary
14.Defendant allowed to withdraw guilty plea because he was not properly advised of parole eligibility.
State v. Derek O'Keefe, 2019-KH-0608 (La. 01/14/2020) [4 pp.]
From LSCR Volume 18, Issue 1
     Pursuant to an agreement with the State, defendant pled guilty to forcible rape, La. R.S. Section 14:42.1. The district court sentenced him to 25 years in prison at ha... view full summary
15.District court ordered to act on habeas application.
State v. Lee Roy Jenkins, 2019-KH-01531 (La. 01/14/2020) [1 p.]
From LSCR Volume 18, Issue 1
     The Court issued an order after defendant contended that the district court failed to act on an application for post-conviction relief filed in March 2010. If that repr... view full summary
16.Court grants reconsideration of denial of supervisory writ, remands for suppression hearing.
State v. Albert Franklin, 2019-KK-01454 (La. 01/14/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Defendant moved to suppress his confession, and the district court denied the motion without holding an evidentiary hearing. The First Circuit denie... view full summary
17.District court ordered to act on more than eight-year-old claim for return of seized property.
State v. Adolphus Wilson, Sr., 2019-KH-00494 (La. 01/22/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Defendant represented to the Court that on July 8, 2011, he filed with the Criminal District Court for the Parish of Orleans a claim for return of seized property under... view full summary
18.Court orders Second Circuit to act on indigent defendant's writ application.
State v. Rodney Lewis, 2019-KH-2021 (La. 01/22/2020) [1 p.]
From LSCR Volume 18, Issue 1
     In April 2018 defendant submitted to the Second Circuit an application for supervisory writ of review and request for remand. When the court of appeal did not act on th... view full summary
19.Court applies 2017 Amendments to Habitual Offender Law.
State v. Terrel Belvin, 2019-K-0905 (La. 01/18/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Defendant was convicted of second-degree battery in the beating of a French Quarter musician in 2014 that left the victim with severe brain injuri... view full summary
20.Court applies 2017 Amendments to Habitual Offender Law.
State v. Prince Record, 2019-K-0521 (La. 01/28/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Like State v. Belvin, above, this case involved application of the amendments to Louisiana's Habitual Offender Law. In May 2017 defendant was convicted of simple escape... view full summary
21.Court remands for application of proper version of Habitual Offender Law.
State v. William Chester Farry, Jr., 2019-K-0566 (La. 01/28/2020) [1 p.]
From LSCR Volume 18, Issue 1
     This case also involved the issue of whether the 2017 Amendments to the Habitual Offender Law applied to defendant's sentence. In 2015 defendant was convicted ... view full summary
22.Evidence of defendant's viewing child pornography was relevant to charges of sex crimes involving a victim under the age of seventeen.
State v. Thomas Fife, 2019-KK-01833 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     Defendant was charged with sex offense crimes involving a victim under the age of seventeen. The State sought to introduce evidence under La. Code Evid. ar... view full summary


23.> Versions of pleading filed by facsimile and by hand were identical for purposes of statute, despite different signature forms.
Jason Meadows v. Christy Adams, 2019-OC-1724 (La. 01/22/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     In this domestic matter, the district court dismissed plaintiff's claims with prejudice on May 8, 2018. The notice of judgment was mailed on May 9, and plaintiff filed ... view full summary
CIVIL PROCEDURE

24.Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 18, Issue 1
     The First Circuit declined to consider a writ application as untimely. The Court granted a supervisory writ and vacated that ruling. The application had been file... view full summary
25.Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects in the home that they had build and sold to him. In February 2014 defend... view full summary
EVIDENCE

26.Lower courts erred in excluding testimony from experts.
01/28/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary
CRIMINAL

27.Court orders reconsideration of other crimes evidence.
State v. Kyle David Joekel, 2019-KK-01735 (La. 01/08/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     Defendant was charged with first-degree murder in the shooting of a Shreveport police officer. The State sought to introduce evidence of other crimes under ... view full summary
28.Bourbon Street pat-down was justified under Terry.
State v. Michael Tate, 2019-KK-1618 (La. 01/14/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Defendant was observed on Bourbon Street in New Orleans talking with a man who was rolling a substance in cigar paper. Believing the substance to be marij... view full summary
29.Defendant allowed to withdraw guilty plea because he was not properly advised of parole eligibility.
State v. Derek O'Keefe, 2019-KH-0608 (La. 01/14/2020) [4 pp.]
From LSCR Volume 18, Issue 1
     Pursuant to an agreement with the State, defendant pled guilty to forcible rape, La. R.S. Section 14:42.1. The district court sentenced him to 25 years in prison at ha... view full summary
30.District court ordered to act on habeas application.
State v. Lee Roy Jenkins, 2019-KH-01531 (La. 01/14/2020) [1 p.]
From LSCR Volume 18, Issue 1
     The Court issued an order after defendant contended that the district court failed to act on an application for post-conviction relief filed in March 2010. If that repr... view full summary
31.Court grants reconsideration of denial of supervisory writ, remands for suppression hearing.
State v. Albert Franklin, 2019-KK-01454 (La. 01/14/2020) [3 pp.]
From LSCR Volume 18, Issue 1
     Defendant moved to suppress his confession, and the district court denied the motion without holding an evidentiary hearing. The First Circuit denie... view full summary
32.District court ordered to act on more than eight-year-old claim for return of seized property.
State v. Adolphus Wilson, Sr., 2019-KH-00494 (La. 01/22/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Defendant represented to the Court that on July 8, 2011, he filed with the Criminal District Court for the Parish of Orleans a claim for return of seized property under... view full summary
33.Court orders Second Circuit to act on indigent defendant's writ application.
State v. Rodney Lewis, 2019-KH-2021 (La. 01/22/2020) [1 p.]
From LSCR Volume 18, Issue 1
     In April 2018 defendant submitted to the Second Circuit an application for supervisory writ of review and request for remand. When the court of appeal did not act on th... view full summary
34.Court applies 2017 Amendments to Habitual Offender Law.
State v. Terrel Belvin, 2019-K-0905 (La. 01/18/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Defendant was convicted of second-degree battery in the beating of a French Quarter musician in 2014 that left the victim with severe brain injuri... view full summary
35.Court applies 2017 Amendments to Habitual Offender Law.
State v. Prince Record, 2019-K-0521 (La. 01/28/2020) [1 p.]
From LSCR Volume 18, Issue 1
     Like State v. Belvin, above, this case involved application of the amendments to Louisiana's Habitual Offender Law. In May 2017 defendant was convicted of simple escape... view full summary
36.Court remands for application of proper version of Habitual Offender Law.
State v. William Chester Farry, Jr., 2019-K-0566 (La. 01/28/2020) [1 p.]
From LSCR Volume 18, Issue 1
     This case also involved the issue of whether the 2017 Amendments to the Habitual Offender Law applied to defendant's sentence. In 2015 defendant was convicted ... view full summary
37.Evidence of defendant's viewing child pornography was relevant to charges of sex crimes involving a victim under the age of seventeen.
State v. Thomas Fife, 2019-KK-01833 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
     Defendant was charged with sex offense crimes involving a victim under the age of seventeen. The State sought to introduce evidence under La. Code Evid. ar... view full summary