| DOMESTIC RELATIONS
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| 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
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| 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
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| 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
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| 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
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| 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 |