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Showing results for LSCR volume 20 LSCR issue 6
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BAR / DISCIPLINARY / ETHICS

1.Court sets briefing deadlines with regard to office of Chief Justice.
In Re: Office of Chief Justice, Louisiana Supreme Court, 2012-O-1342 (La. 06/13/12) [1 p.]
From LSCR Volume 20, Issue 6

          Louisiana Supreme Court Chief Justice Catherine D. Kimball will retire from the Court on January 31, 2013. She will be succeeded ... view full summary
2.Former state senator permanently disbarred.
In Re: Derrick D.T. Shepherd, 2011-B-2011 (La. 06/22/12) [9 pp.]
From LSCR Volume 20, Issue 6

          Derrick Shepherd, an attorney and former Louisiana state senator, pled guilty in 2008 to conspiracy to commit money laundering in ... view full summary
3.Justices of the peace held in contempt of court.
In Re: Justice of the Peace Kevin J. Hoffman, 2011-O-0417 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6
Kevin Hoffman is a justice of the peace in St. Bernard Parish who failed to comply with the financial reporting requirements. As a result, the Court imposed a $200 civil penalty against him in July ... view full summary
TORTS

4.Jury verdict for defendant reinstated; jury interrogatory not improper.
Patricia Bourque v. Essex Insurance Co., 2012-C-0810 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6

          Plaintiff alleged that on August 19, 2002, she was injured when an improperly installed florescent light fixture fell from her kitchen... view full summary
5.Defendants entitled to summary judgment; risk should have been obvious.
Peter Caserta, Jr. v. Wal-Mart Stores, Inc., 2012-CC-0853 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Plaintiff went to Wal-Mart Tire & Lube Express to have new tires installed on a truck. The Wal-Mart technician could not remove th... view full summary
INSURANCE

6.CGL policy unambiguously provided for $1,000,000 aggregate limit on PIL coverage.
John Johnson v. Orleans Parish School Board, 2012-C-0190 (La. 05/31/12) [4 pp.]
From LSCR Volume 20, Issue 6

          The issue in this toxic tort case was whether a commercial general liability (CGL) policy issued by Republic Insurance Company contai... view full summary
7.Insurers entitled to summary judgment as to claims outside of policy periods.
John Johnson v. Orleans Parish School Board, 2012-CC-0187 c/w 2012-CC-0191 (La. 05/31/12) [2 pp.]
From LSCR Volume 20, Issue 6

          In the same case, the Fourth Circuit concluded in 2008 that National Union Fire Insurance Company of Pittsburgh, Pa. and United States... view full summary
8.Bad faith claim against insurer not fit for summary judgment.
Judith Merwin v. Douglas Spears, 2012-CC-0946 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Plaintiffs had a homeowners policy with Farmers Insurance Exchange and made a claim based on a water leak in their bathroom. Farmers ... view full summary
CIVIL PROCEDURE

9.Writ of mandamus inappropriate in action to cancel disputed mortgages.
Aberta, Inc. v. Dale Atkins, 2012-C-0061 (La. 05/25/12) [4 pp.]
From LSCR Volume 20, Issue 6

          On August 26, 2003, Aberta, Inc. bought property located in Orleans Parish. Aberta's shares were owned by Scott Wolfe. The same day, A... view full summary
JUVENILE

10.Parental rights terminated so that children would not remain in foster care for indefinite period of time.
State in the Interest of A.M., L.M., and M.M., 2012-CJ-0799 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6

          The Mental Health Advocacy Service/Child Advocacy Program filed a petition in the juvenile court to terminate parental rights with reg... view full summary
CRIMINAL

11.Court orders investigation into post-conviction DNA testing in rape case.
State Ex Rel Henry Jackson v. State, 2011-KH-0394 (La. 05/25/12) [1 p.]
From LSCR Volume 20, Issue 6

          Relator was charged with rape. At trial, the State's case rested largely on the victim's identification of relator as the rapist. He u... view full summary
12.Habitual offender hearing was not part of record for error patent review.
State v. James Leonard Moore, 2012-K-0102 (La. 05/25/12) [2 pp.]
From LSCR Volume 20, Issue 6

          In the district court, defendant stipulated to the allegations in a habitual offender bill and was sentenced as a habit... view full summary
13.Officers lawfully entered home with defendant's consent although they did not reveal full reason for entry.
State v. Mark Seiler, 2012-KK-0389 (La. 05/25/12) [3 pp.]
From LSCR Volume 20, Issue 6

          Defendant's home had been burglarized. After the burglary suspect indicated there was drug contraband in the home, officer... view full summary
14.Although sparse, search warrant should have been upheld.
State v. Peter Collins, Jr., 2012-KK-0417 (La. 06/01/12) [3 pp.]
From LSCR Volume 20, Issue 6

          A confidential informant told officers about drug trafficking from defendant's residence and indicated he had taken a photo... view full summary
15.Motion to suppress should have been denied in drug arrest.
State v. Zevi Bush, 2012-KK-0720 (La. 06/01/12) [2 pp.]
From LSCR Volume 20, Issue 6

          An officer observed defendant in his vehicle in a parking lot in which the officer had made numerous drug arrests. Another individual ... view full summary
16.Attempted withdrawal of guilty plea referred to post-conviction proceedings.
State v. Walter Solomon, 2012-K-0202 (06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Defendant pled guilty and was adjudicated and sentenced as a habitual offender. He later unsuccessfully attempted to with... view full summary