Archive of LSCR Articles
Showing results for LSCR volume 20 LSCR issue 12 | Jump to a direct Volume/Issue
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| BAR / DISCIPLINARY / ETHICS
| | 1. | Firm employing former assistant D.A. disqualified from representing defendant.
State v. Shannon Clausen, 2012-KK-2167 (La. 12/14/12) [4 pp.].
From LSCR Volume 20, Issue 12
In April 2011, defendant was charged in Orleans Parish with armed robbery and possession of a
firearm while in possession of ... view full summary | | MEDICAL MALPRACTICE
| | 2. | Date of actual dismissal of request for medical review panel, not notice of dismissal, commences ninety-day grace period of Section 40:1299.47(A)(2)(c).
Gloria Turner v. Willis Knighton Medical Center, 2012-C-0703 c/w 2012-C-0742 (La. 12/04/12) [14 pp.]
From LSCR Volume 20, Issue 12 On August 20, 2008, James Turner died, allegedly from negligent treatment by doctors at Willis
Knighton Medical Center, where he had... view full summary | | TORTS
| | 3. | OPLSA provides indemnity action in favor of overhead power line owner.
Daniel Moreno v. Entergy Corporation, 2012-C-0097 (La. 12/04/12) [26 pp.]
From LSCR Volume 20, Issue 12
General contractor Carl E. Woodward entered into a contract with the owners of a Walgreen's
Shopping Center in Metai... view full summary | | 4. | General damages award reversed in negligence case against insurance agency, but award of attorney's fees affirmed.
Kirk E. Prest v. Louisiana Citizens Property Insurance Corporation, 2012-C-0513 (La. 12/04/12) [24 pp.]
From LSCR Volume 20, Issue 12
Plaintiff owned property in Boothville that he used to operate a hunting and fishing business. In
2003, the insurance agency o... view full summary | | INSURANCE
| | 5. | Insurer did not violate Section 22:1973; delay was caused by insureds' repeated requests to revise settlement checks.
Instant Replay Sports, Inc. v. Allstate Insurance Company, 2012-C-2181 (La. 12/14/12) [5 pp.]
From LSCR Volume 20, Issue 12
Plaintiffs, Instant Replay Sports, Inc. and Charles Orzehoskie, sued defendant for Hurricane Katrina-
related business and propert... view full summary | | CIVIL PROCEDURE
| | 6. | Exception of liberative prescription could not be supplied by court of appeal, even though acquisitive prescription had been pled.
Succession of Bernard F. Samuel, Sr. c/w Barbara Samuel Bretz v. Barry N. Samuel, 2012-C-1707 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12
In this brief opinion, the Court concluded that the Fourth Circuit committed reversible legal error
by supplying, sua sponte, an o... view full summary | | 7. | Suit dismissed for abandonment.
Michael A. Murray v. Michael A. Brown, 2012-CC-2149 (La. 12/14/12) [1 p.]
From LSCR Volume 20, Issue 12 In this brief opinion, the Court granted a supervisory writ, reversed the judgments of the lower courts,
and dismissed plaintiff's s... view full summary | | STATE AND LOCAL GOVERNMENT
| | 8. | LPSC had exclusive jurisdiction over class actions brought by rate payers for breach of franchise agreement.
Opelousas Trust Authority v. Cleco Corp., 2012-CC-0062 c/w 2012-CC-0623 (La. 12/04/12) [24 pp.]
From LSCR Volume 20, Issue 12
The City of Opelousas owns a portion of the electric distribution system within the City's limits. In
1991, the City and Cleco, an... view full summary | | 9. | Sheriffs no longer authorized to charge commissions on ad valorem taxes collected for other taxing authorities.
Livingston Parish Council on Aging v. Willie Graves, 2012-C-0232 (La. 12/02/12) [20 pp.]
From LSCR Volume 20, Issue 12
In 2004, after a millage proposition was passed in Livingston Parish, the Sheriff began collecting a
two-millage property tax o... view full summary | | JUVENILE
| | 10. | Court of appeal improperly dismissed delinquency petition.
State in the Interest of T.M., 2012-CK-0964 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12
The State's delinquency petition against defendant alleged three counts: possession of a handgun by
a juvenile, unauthorized use o... view full summary | | CRIMINAL
| | 11. | Third marijuana possession offense enhanced to felony could be enhanced further under habitual offender provisions.
State v. Zachariah Lewis, 2012-KK-1835 (La. 11/30/12) [5 pp.]
From LSCR Volume 20, Issue 12
Defendant was convicted of third offense possession of marijuana, in violation of La R.S. Section
40:966(E)(3), whic... view full summary | | 12. | Probable cause existed for forfeiture of cash hidden in car despite lack of drug charges against driver.
State v. $144,320.00, 2012-K-0466 (La. 12/04/12) [19 pp.]
From LSCR Volume 20, Issue 12
In January 2009, Tina Beers was pulled over in St. Martin Parish for a traffic violation while driving
a minivan. She appeared ner... view full summary | | 13. | No limitation exists for disclosure of identity of defendant, even if minor victim's identity could be ascertained as a result.
State v. R.W.B., 2012-CQ-0453 (La. 12/04/12) [8 pp.]
From LSCR Volume 20, Issue 12
Defendant was convicted of attempted sexual battery of his minor stepdaughter, H.N. On appeal of
his conviction, the Third Circui... view full summary | | 14. | Sentence was illegal because it was based on facts assumed by court of appeal but not in evidence.
State ex rel. John Simpkins v. State, 2012-KH-1599 (La. 12/14/12) [3 pp.]
From LSCR Volume 20, Issue 12
Defendant was convicted of several sex offenses involving minors, including molestation of a
juvenile under the ... view full summary | | 15. | State not required to disclose victim's social security number to defendant.
State v. Jon Wray Baumberger, 2012-KK-2053 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12
Defendant was charged with murdering his wife. The district court ordered the State to provide him
with his wife's social security... view full summary | | 16. | Consensual search of paper bag during traffic stop was constitutional.
State v. Tony Milton, 2012-KK-2537 (La. 12/14/12) [3 pp.]
From LSCR Volume 20, Issue 12
An officer pulled defendant over for a traffic stop. He approached the driver's side of the vehicle and
asked for defendant's driv... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 17. | Justices of the Peace fined for failure to make financial disclosures for 2010.
In Re: Justice of the Peace Stacie P. Myers, 2012-O-1500 (La. 12/04/12) [6 pp.]; In Re: Justice of the Peace Thomas Threet, 2012-O-1501 (La. 12/04/12) [6 pp.] ; In Re: Justice of the Peace Luann Landry, 2012-O-1946 (La. 12/04/12) [7 pp.]
From LSCR Volume 20, Issue 12
In these separate disciplinary matters, the Court concluded that three justices of the peace willfully
and knowingly failed to com... view full summary |
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