| BAR / DISCIPLINARY / ETHICS
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 |