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Showing results for LSCR volume 18 LSCR issue 5
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CIVIL PROCEDURE

1.Tax sale declared invalid for lack of notice to property owners.
Douglas A. Tietjen v. The City of Shreveport, 2009-C-2116 (La. 05/11/10) [10 pp.]
From LSCR Volume 18, Issue 5
In 1985 Douglas and Dwight Tietjen purchased the property at 1017 Jordan Street in Shreveport. Tietjen Physical Therapy, Inc. operated at that location. In 1999, the Tietjens executeda collateral mor... view full summary
ADMINISTRATIVE

2.Public Service Commission properly released customers from water service.
Charles Hopkins DBA Old River Water Company v. Louisiana Public Service Commission, 2010-CA-0255 (La. 05/19/10) [5 pp.]
From LSCR Volume 18, Issue 5
Old River Water Company is a sole proprietorship owned by Charles Hopkins and operated as a public utility providing water service to customers in Pointe Coupee Parish. In July and August2006 approxi... view full summary
3.District court had subject matter jurisdiction in civil service appeal.
Kalford K. Miazza v. City of Mandeville, 2010-C-0304 (La. 05/21/10) [1 p.]
From LSCR Volume 18, Issue 5
Plaintiff, a permanent, classified civil service employee, was employed as a sergeant with the Mandeville Police Department. When plaintiff was not promoted to captain, he appealed thedecision to the... view full summary
TAXATION

4.Racetrack and OTB sales tax exclusions were not affected by suspension oftax exemptions, but exclusions did not extend to slot machine facility.
Harrah's Bossier City Investment Company, LLC v. Cynthia Bridges, 2009-C-1916 (05/11/10)[24 pp.]
From LSCR Volume 18, Issue 5

          The primary issue in the case was whether La. R.S. Sections 4:168 and 4:227 create tax "exemptions" which have been suspended by the leg... view full summary
CRIMINAL

5.Restitution order upheld in animal cruelty case.
State v. Janis Walder, 2009-K-2224 (La. 4/30/10) [2 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of 123 counts of cruelty to animals in violation of La. R.S. Section 14:102.1. As a condition of probation, the district court ordered defendant to pay restitution,including c... view full summary
6.Pending felony charge prohibited expungement of misdemeanor conviction.
State v. Gregory Carmen, 2009-K-1213 (La. 05/07/10) [1 p.]
From LSCR Volume 18, Issue 5
The district court set aside defendant's misdemeanor conviction and expunged his record after he successfully completed a period of probation under La. Code Crim. P. art. 894. The FirstCircuit affirm... view full summary
7."Plain smell" exception provides probable cause to search vehicle.
State v. Jamal Allen, 2010-KK-1016 (La. 05/07/10) [2 pp.]
From LSCR Volume 18, Issue 5
After officers lawfully stopped defendant's vehicle, they smelled the odor of marijuana emanating from the vehicle and observed the burnt ends of apparent marijuana cigarettes on theconsole of the ve... view full summary
8.Officer acted reasonably in entering one side of double residence whenresident of other side described defendant as armed trespasser selling drugs.
State v. Bruce Brown, 2009-KK-2456 (La. 05/11/10) [11 pp]
From LSCR Volume 18, Issue 5
. In April 2009, Officer Robert Barrere of the N.O.P.D. responded to a call from a concerned citizen. Officer Barrere arrived at 719-21 Philip Street and met the complainant, Patrina Brown, wholived o... view full summary
9.Conviction and death sentence affirmed for second time: defendant cannotmake suppression claim on appeal that was not made in district court motionto suppress.
State v. Jesse Jay Mentejo, 2006-KA-1807 (La. 05/11/10) [44 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of the first degree murder of Lewis Ferrari and sentenced to death by a St. Tammany Parish jury in 2005. In an earlier decision, the Court affirmed the conviction andsentence.... view full summary
10.Court finds no error in district court's Atkins ruling that defendant is notmentally retarded and affirms death sentence.
State v. James Dunn, 2001-KA-1635 (05/11/10) [41 pp.]
From LSCR Volume 18, Issue 5
Defendant was found guilty of first degree murder for the 1998 killings of Jacqueline Guillot Blanchard and Lisa Ann Dupuis in Napoleonville. Defendant and his 2 accomplices robbed theIberville Bank,... view full summary
11.Police instruction to defendant to remove his hands from his pockets did notconstitute seizure for purposes of Fourth Amendment.
State v. Richard Hamilton, 2009-KK-2205 (La. 05/11/10) [8 pp.]
From LSCR Volume 18, Issue 5
While monitoring an area of Claiborne Avenue that had seen a recent spike in batteries and robberies, N.O.P.D. officers Alex Brady and Thomas Clark saw defendant walk back and forth infront of a conv... view full summary
12.Uncle by marriage could be offender under aggravated incest statute.
State v. David Gilbert Ardoin, 2009-K-0578 (La. 05/11/10) [6 pp.]
From LSCR Volume 18, Issue 5
Pursuant to La. R.S. Section 14:78.1, defendant was found guilty of aggravated incest as a result of his sexual abuse of M.C., a 7 year old girl. M.C. had lived with defendant and his wife, Trina,sin... view full summary
13.District court judge ordered to testify at hearing on motion to recuse.
State v. Rogers LaCaze, 2009-KD-2472 (La. 05/12/10) [2 pp.]
From LSCR Volume 18, Issue 5
In the Criminal District Court for the Parish of Orleans, defendant filed a motion to recuse Judge Marullo from presiding over post-conviction relief proceedings. Judge White ordered JudgeMarullo to ... view full summary
14.Joint trial ordered for jointly indicted defendants.
State v. Edward Allen, 2010-KK-1134 (La. 05/19/10) [1 p.]
From LSCR Volume 18, Issue 5
The Court exercised its supervisory jurisdiction in this case emanating from Orleans Parish. In a one sentence opinion, citing La. Code Crim. P. art. 704, the Court concluded that the case didnot pre... view full summary