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Showing results for LSCR volume 21 LSCR issue 5
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DOMESTIC RELATIONS

1.Parental preference of teenager given great weight in modification of custody decree.
Phillip Ray Mulkey v. Vicki Juanita Harris Mulkey, 2012-CJ-2709 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          Phillip and Vicki Mulkey were married in 1993. They had a child, Matthew, in 1998. In 2001, they divorced and entered into consent... view full summary
CIVIL PROCEDURE

2.Audiotape impeachment evidence and impeachment witness need not be produced until after deposition of witness targeted for impeachment.
Melissa O'Dwyer v. Our Lady of the Lake Nurse Anesthesia Program, 2013-CC-0703 (La. 05/17/13) [7 pp.]
From LSCR Volume 21, Issue 5

          Plaintiffs, nursing students, filed suit alleging defendants targeted them for termination from the nursing program through harassm... view full summary
STATE AND LOCAL GOVERNMENT

3.Diverting minimum foundation program funds to school voucher system violated Louisiana Constitution.
Louisiana Federation of Teachers v. State of Louisiana, 2013-CA-0120 c/w 2013-CA-0232 c/w 2013-CA- 0350 (La. 05/07/13) [67 pp.]
From LSCR Volume 21, Issue 5

          The Louisiana Constitution mandates that the Louisiana Board of Elementary and Secondary Education (BESE) annually devel... view full summary
4.Sheriff operating parish jail not required to publish inmate administrative remedy procedure in State Register.
Panagiotis Kondylis v. Sheriff Jack Strain, Jr., 2013-C-562 (La. 5/17/13) [5 pp.]
From LSCR Volume 21, Issue 5

          Plaintiff, an inmate at the St. Tammany Parish Jail, filed suit as a result of alleged injuries during his incarceration. The St. T... view full summary
TORTS

5.Court reinstates district court's rulings on ADA fee shifting statute in case involving $1.6 million fee award against McNeese.
Collette Josey Covington v. McNeese State University, 2012-C-2182 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          This Americans with Disabilities Act (ADA) case arose in 2001 when plaintiff, a student at McNeese State University, sustained inju... view full summary
CRIMINAL

6.Despite doubts about controlled purchase, probable cause for search and seizure existed within four corners of warrant.
State v. Jermaine Donald, 2013-KK-0018 (La. 05/03/13) [3 pp.]
From LSCR Volume 21, Issue 5

          In this case, a controlled purchase of cocaine formed the basis for a search warrant. Execution of the warrant resulted in the seizure... view full summary
7.Graham does not limit length of imprisonment for multiple offenses, even if cumulative effect is a life sentence for a non-homicide crime by juvenile.
State v. Giovanni Brown, 2012-KP-0872 (La. 05/07/13) [17 pp.]
From LSCR Volume 21, Issue 5

          Defendant was convicted of committing aggravated kidnapping and four counts of armed robbery. The crimes occurred in 1999 when defenda... view full summary
8.Court upheld forty-five day time limit for waiving jury prior to trial date; time limit applied to initial trial setting.
State v. Timothy Bazile, 2012-KA-2243 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          In 2010, to prevent abusive practices by criminal defendants disrupting trial schedules, the Legislature proposed and vote... view full summary
9.Where convicted in another state, duty of sex offender to register in Louisiana began when he moved to Louisiana.
State v. Joe Bob Clark, 2012-K-1296 (La. 05/07/13) [10 pp.]
From LSCR Volume 21, Issue 5

          In 1994, defendant was convicted in Texas of sexual assault of a child under the age of seventeen. He completed his sentence in Decemb... view full summary
10.Search of defendant justified by misdemeanor offense of riding bicycle on sidewalk, although State did not present that argument in district court.
State v. Jody Butler, 2012-K-2359 (La. 05/17/13) [8 pp.]
From LSCR Volume 21, Issue 5

          New Orleans police officers were patrolling a high crime area in a caravan of three police units when they approached a sport utility ... view full summary
11.Court affirms Fourth Circuit's reversal of motion to suppress in drug case.
State v. Kendall Phillips, 2013-KK-763 (La. 05/17/13) [2 pp.]
From LSCR Volume 21, Issue 5

          This very brief opinion concerned a motion to suppress granted by the district court and reversed by the Fourth Circuit. After grantin... view full summary