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Showing results for LSCR volume 18 LSCR issue 4
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MEDICAL MALPRACTICE

1.Medical malpractice claim not prescribed; plaintiff filed suit within 1 yearof discovery of alleged malpractice.
Elizabeth Phoebe Williamson v. Dr. Thomas E. Hebert, 2010-CC-0071 (La. 04/05/10) [2 pp.]
From LSCR Volume 18, Issue 4
Defendant performed surgery on plaintiff in August 2000. Following surgery, plaintiff apprehended that something was wrong and consulted with 2 different doctors. Both assured her that her condition ... view full summary
TORTS

2.Court broadens class of plaintiffs who have standing under LUTPA.
Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-C-1633 (La. 04/23/10) [22 pp.]
From LSCR Volume 18, Issue 4
Cheramie Services, Inc. (Cheramie) supplies support personnel for offshore activities. It entered into a written contract with Shell Deepwater Production, Inc. (Shell) to furnish clerical support and... view full summary
CIVIL PROCEDURE

3.Res judicata barred relitigation of issue regarding plaintiff's termination.
Ulysses Williams v. The Orleans Levee District, 2009-C-2637 (La. 04/05/10) [2 pp.]
From LSCR Volume 18, Issue 4
In an earlier appeal of a Civil Service Commission (CSC) proceeding, the First Circuit had determined that plaintiff was lawfully terminated for insubordination, and the Court denied writs. Duringthe... view full summary
4.Summary judgment hearing should not have been continued to allow late-filed affidavit to be timely.
Yvonne Newsome v. Homer Memorial Hospital, 2010-CC-0564 (La. 04/09/10) [3 pp]
From LSCR Volume 18, Issue 4
. In this medical malpractice case, defendants treated plaintiff in December 2004. Plaintiff filed a request for a medical review panel in December 2005, a year after the alleged malpractice. A chairp... view full summary
5.Concursus proceeding properly invoked in dispute involving royaltypayments under mineral lease.
Cimarex Energy Co. v. Katherine D. Mauboules, 2009-C-1170 c/w 1180 & 1194 (La. 04/09/10) [34 pp.]
From LSCR Volume 18, Issue 4
This case arises out of a dispute involving royalty payments due under a mineral lease. Members of the Mauboules family own a tract of land in Vermillion Parish. In 1997, they sold certain royalty in... view full summary
STATE AND LOCAL GOVERNMENT

6.District judge whose sons were prosecuted by AG's office recused from allcases involving AG's office.
Collette Covington v. McNeese State University, 2010-OC-0250 (La. 04/05/10) [7 pp.]
From LSCR Volume 18, Issue 4
This appeal concerns a motion to recuse filed by the Attorney General (AG) against Judge Wilford Carter of the 14th Judicial District Court, Parish of Calcasieu. The AG has either obtained conviction... view full summary
WORKERS' COMPENSATION

7.Prescription on workers' compensation claim interrupted by previously filedtort suit.
Linda Torres v. Louisiana Shrimp and Packing Company, 2009-C-2792 (La. 04/09/10) [1 p.]
From LSCR Volume 18, Issue 4
In an earlier case, plaintiff filed a tort suit against defendant. Defendant filed an exception of prescription, which it subsequently withdrew. The district court dismissed the tort suit. Plaintiff ... view full summary
CRIMINAL

8.In separate cases, Court denies motions to bifurcate Atkins claims fromclaims for post-conviction relief.
State Ex Rel Quincy Broaden v. Burl Cain, 2010-KP-0144 (La. 04/01/10) [2 pp.]
From LSCR Volume 18, Issue 4
After his conviction for first degree murder and death sentence were affirmed, defendant filed claims for post-conviction relief and a claim that he was mentally retarded and, thus, exempt from capit... view full summary
9.Batson challenges rejected by Court in light of recent U.S. Supreme Courtdecision.
State v. Lawrence Jacobs, 2009-K-1304 (La. 04/05/10) [17 pp.]
From LSCR Volume 18, Issue 4

          After a second trial, defendant was convicted of 2 counts of second degree murder and sentenced to 2 consecutive life sentences. He appe... view full summary
10.Expert testimony on eyewitness identifications remains inadmissible.
State v. Tracey Young, 2009-KK-1177 (La. 04/05/10) [19 pp.]
From LSCR Volume 18, Issue 4

          An East Baton Rouge grand jury indicted defendant for first degree murder. The victim died of gunshot wounds inflicted in a restaurant p... view full summary
11.District court acted beyond its authority in prohibiting diminution ofsentence.
State v. Robert Elijah Lamar Mincey, 2009-KO-1743 (La. 04/05/10) [1 pp.]
From LSCR Volume 18, Issue 4
In sentencing defendant, the district court included a prohibition on diminution of sentence pursuant to La. R.S. Section 15:571.3(C)(1)(c).
         ... view full summary
12.Defendant's failure to state "I plead guilty" did not render guilty pleainvalid.
State v. Cynthia Holden, 2009-K-1714 (La. 04/09/10) [3 pp.]
From LSCR Volume 18, Issue 4
At issue in this case was the validity of plaintiff's guilty plea. In the district court, plaintiff acknowledged that she would "have to take the ten" years offered to her on a guilty plea to theft a... view full summary
13.Defendant entitled to appeal conviction and sentence as habitual offender.
State v. Bryan Means, 2009-OK-1716 (La. 04/09/10) [2 pp.]
From LSCR Volume 18, Issue 4
Following sentencing, defense counsel remarked in open court about defendant's "desire to proceed forward to reconsideration [of sentence] and appeal as quickly as possible as he has been incarcerate... view full summary
14.Case remanded for prosecutor's articulation of race-neutral reasons for theexercise of peremptory challenges
State v. Eric T. Maxwell, 2009-K-2235 (La. 04/16/10) [2 pp.]
From LSCR Volume 18, Issue 4
In the district court, defendant challenged the State's use of 8 peremptory challenges against African- American venire persons under Batson v. Kentucky, 476 U.S. 79 (1986). The district court ruled ... view full summary
15.Guilty plea that had been set aside could not be considered in habitualoffender adjudication.
State v. Kenneth Singleton, 2009-KP-1269 (La. 04/23/10) [2 pp.]
From LSCR Volume 18, Issue 4
In 1995, in a previous case, defendant pled guilty to criminal charges. The district court set aside the plea in 2007, and the State did not seek review of that ruling. Several months later, the Stat... view full summary