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Showing results for LSCR volume 20 LSCR issue 12
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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