Archive of LSCR Articles

Showing results for LSCR volume 20 LSCR issue 7
Jump to a direct Volume/Issue
BAR / DISCIPLINARY / ETHICS

1.Court outlines requirements for arbitration clause in retainer agreement.
Jacqueline T. Hodges v. Kirk Reasonover, 2012-CC-0043 (La. 07/02/12) [25 pp.]
From LSCR Volume 20, Issue 7

          In 2007, plaintiffs retained attorney Kirk Reasonover of Reasonover & Olinde, to represent them in a corporate contract dispute in... view full summary
2.Court extends briefing deadlines with regard to office of Chief Justice.
In Re: Office of Chief Justice, Louisiana Supreme Court, 2012-O-1342 (La. 07/20/12) [1 p.]
From LSCR Volume 20, Issue 7

          On June 13, 2012, the Court set briefing deadlines for those Justices interested in filing briefs on the issue of which of the current... view full summary
TORTS

3.Apartment owner had no duty to prevent bicycle riding on sidewalks.
Tanya Lato Ponceti v. First Lake Properties, Inc., 2011-C-2711 (La. 07/02/12) [6 pp.]
From LSCR Volume 20, Issue 7

          Plaintiff and her seven-year-old daughter, Kaitlynn, lived in an apartment complex in Mandeville owned by defendant. Kaitlynn was ridi... view full summary
PROPERTY

4.Time limit in Section 47:2228 did not prevent action to annul constitutionally defective tax sale.
Jerri G. Smitko v. Gulf South Shrimp, Inc., 2011-C-2566 (La. 07/02/12) [16 pp.]
From LSCR Volume 20, Issue 7

          Defendant, who owned three tracts of land in Terrebonne Parish, failed to pay the ad valorem taxes on the properties for the year 2002... view full summary
INSURANCE

5.Guest passengers were "insured persons" under auto liability policy and entitled to UM coverage.
Ann Bernard v. Antoinette Ellis, 2011-CC-2377 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          Norell and Andrea Bernard were passengers in a car driven and owned by Ann Bernard and insured by Imperial Fire & Casualty. Antoin... view full summary
CIVIL PROCEDURE

6.Judges' minimal personal interest in class action did not warrant recusal.
Jennifer Winkle v. The Relay Administration Board, 2012-CC-0944 (La. 06/29/12) [3 pp.]
From LSCR Volume 20, Issue 7

          Plaintiffs filed a class action in the 19th JDC on behalf of "[a]ll Louisiana residents and businesses who paid one or more $1.11 tele... view full summary
STATE AND LOCAL GOVERNMENT

7.Parish not responsible for suspect's medical expenses not caused by arrest.
Peter D. Vizzi, M.D. v. Lafayette City-Parish, 2011-C-2648 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          After allegedly committing an armed robbery in Lafayette, Quinton Sam tried to force his way into a private residence. The owner of th... view full summary
CONSTITUTIONAL LAW

8.Constitutional challenge to Red Tape Reduction and Local Empowerment Waiver Program was premature.
Louisiana Federation of Teachers v. State of Louisiana, 2011-CA-2226 (La. 07/02/12) [19 pp.]
From LSCR Volume 20, Issue 7

          In 2010, the Louisiana Legislature enacted Act 749, called the "Red Tape Reduction and Local Empowerment Waiver Program," La. R.S... view full summary
9.Defendant lacked standing to challenge constitutionality of La. Code Crim. Proc. art. 404(B).
State v. Joshua Dion Williams, 2011-KA-0958 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          A 19th JDC grand jury indicted defendant for second degree murder after an eyewitness reported he had shot someone. Under La. Cod... view full summary
WORKERS' COMPENSATION

10.Claimant failed to prove unwitnessed accident.
Henry Marange, Jr. v. Custom Metal Fabricators, Inc., 2011-C-2678 (La. 07/02/12) [11 pp.]
From LSCR Volume 20, Issue 7

          After working for defendant for about one month, claimant contended he was injured while using a forty-pound grinder to grind a seam i... view full summary
11.Claimant not entitled to additional benefits until employer exhausted credit.
James Mercer v. Nabors Drilling USA, L.P., 2011-C-2638 (La. 07/02/12) [5 pp.]
From LSCR Volume 20, Issue 7

          Claimant was injured while working for defendant. He received workers' compensation disability and medical benefits. He also sued a th... view full summary
JUVENILE

12.Evidence sufficient to show passenger knew vehicle was stolen.
State in the Interest of D.M., 2011-CK-2588 (La. 06/29/12) [8 pp.]
From LSCR Volume 20, Issue 7

          Defendant was a passenger in a stolen mini-van, seated in the back seat behind the driver. When police spotted the van and attempted t... view full summary
13.Evidence sufficient to support possession of unrecovered handgun.
State in the Interest of T.E., 2012-CK-0517 (La. 06/29/12) [7 pp.]
From LSCR Volume 20, Issue 7

          An N.O.P.D. officer was monitoring cameras inside the Fischer Housing Development when he saw defendant, a juvenile, sitting in the ba... view full summary
14.Officer's testimony negated reasonable probability of misidentification.
State in the Interest of C.D., 2011-CK-1701 (La. 07/02/12) [14 pp.]
From LSCR Volume 20, Issue 7

          An N.O.P.D. officer from the Narcotics Unit was conducting surveillance to investigate a confidential tip about drug traff... view full summary
CRIMINAL

15.Evidence was sufficient to support conviction for possession of stolen things.
State v. Gary Wayne Woods, 2012-K-0505 (La. 06/29/12) [4 pp.]
From LSCR Volume 20, Issue 7

          Daniel Gonzales, an employee of the Silver Dollar Pawn Shop, was arrested for stealing merchandise from the shop. Gonzales told office... view full summary
16.Ruling on double jeopardy motion was premature.
State v. Karen Hall, 2012-K-0601 (La. 06/29/12) [2 pp.]
From LSCR Volume 20, Issue 7

          The State charged defendant with two offenses in one bill of information. Defendant filed a motion to quash, claiming double jeopardy,... view full summary
17.Court of appeal erred in vacating sentence as excessive.
State v. Courtney Paul Savoy, 2011-K-1174 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          In January 2007, defendant and Jacob Shaw, both Winn Correctional Center inmates, were transported by van from Winnfield t... view full summary
18.Evidence sufficient for second degree murder conviction of woman who shot boyfriend.
State v. Mary Henderson Trahan, 2011-K-1609 (La. 07/02/12) [12 pp.]
From LSCR Volume 20, Issue 7

          The State charged defendant with second degree murder following the shooting death of her live-in boyfriend. At trial the evidence sh... view full summary
19.Officer's opening suspect's car door did not increase intrusiveness of stop.
State v. Ricky Cure, 2011-K-2238 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          In March 2011, Detective Roccaforte, an experienced N.O.P.D. narcotics officer, was conducting undercover surveillance in the parking ... view full summary
20.District court did not abuse discretion in failing to depart downward from minimum sentence.
State v. Frank James Celestine, Jr., 2012-K-0241 (La. 07/02/12) [5 pp.]
From LSCR Volume 20, Issue 7

          Defendant committed an armed robbery by rushing toward his fianc? and another woman with a mask over his face and holding a pointed... view full summary
21.Cross-examination violated Doyle v. Ohio, warranting reversal of conviction.
State v. Darryl E. Patterson, 2012-K-0464 (La. 07/02/12) [2 pp.]
From LSCR Volume 20, Issue 7

          Defendant was charged with aggravated battery as a result of a stabbing. At a block party commemorating the birthday of... view full summary