| CONTRACTS
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| 1. | Parish liable under unjust enrichment theory to contractor who assisted in post-hurricane road cleaning.
USA Disaster Recovery, Inc. v. St. Tammany Parish Government, 2013-C-0656 (La. 05/31/13) [2 pp.]
From LSCR Volume 21, Issue 6 Immediately after Hurricane Katrina, plaintiff performed emergency road cleaning for search and
rescue efforts at the direction of the... view full summary |
| 2. | Withdrawing partner allowed to contest valuation of partnership interest.
Lebeouf Real Estate Company v. Barbara Q. Lebeouf, 2013-CC-0898 (La. 06/28/13) [1 p.]
From LSCR Volume 21, Issue 6 This very brief opinion concerned the interpretation of articles of partnership. Defendant was a
withdrawing partner. The... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 3. | Constitutional challenge to legislative act remanded based on recent decision regarding "single object provision" for legislation.
Louisiana Federation of Teachers v. State, 2013-CA-1088 (La. 05/31/13) [2 pp.]
From LSCR Volume 21, Issue 6 This case involved the constitutionality of Act 1 of the 2012 Regular Session of the Louisiana
Legislature, which sou... view full summary |
| 4. | Reprimand proper for police officer with illegally tinted windows on personal vehicle.
Irma Regis v. Department of Police, 2013-C-1124 (La. 06/28/13) [3 pp.]
From LSCR Volume 21, Issue 6 The NOPD issued a letter of reprimand to plaintiff, an NOPD sergeant, finding that she had violated
rules requiring employees to adher... view full summary |
| DOMESTIC RELATIONS
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| 5. | Mother entitled to relocate child's residence to Alabama.
Misty Hernandez v. Brandon Jenkins, 2012-CJ-2756 (La. 06/21/13) [14 pp.]
From LSCR Volume 21, Issue 6 Plaintiff and defendant are the mother and father of M.H., a child born in 2004. They resided in East
Baton Rouge Parish and never m... view full summary |
| CRIMINAL
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| 6. | In non-capital case, stay of proceedings should not be based on general request for pro bono funding for investigators.
State v. Andrew Kyle, 2013-KK-0647 (La. 06/14/13) [3 pp.]
From LSCR Volume 21, Issue 6 In this non-capital case from Calcasieu Parish, pro bono defense counsel was appointed. Counsel
moved for additional funding for inves... view full summary |
| 7. | Constitutionality of statute at basis of traffic stop was irrelevant to motion to suppress evidence of handgun possession.
State v. Dearius Duheart, 2013-KA-1105 (La. 06/14/13) [4 pp.]
From LSCR Volume 21, Issue 6 Defendant was stopped for a traffic violation. When the officer conducted a pat-down search of
defendant, he found a firearm. Defendan... view full summary |
| 8. | Defendant did not meet high bar for disclosure of entirety of witness's grand jury transcript.
State v. Rogers Lacaze, 2012-KP-2131 (La. 06/17/13) [3 pp.]
From LSCR Volume 21, Issue 6 In preparing an application for post-conviction relief in this capital case, defendant moved for access
to the entirety of a witness's... view full summary |
| 9. | Court of appeal should not have vacated second degree murder conviction without supplementing record.
State v. Jody Hamilton, 2013-K-0104 (La. 06/28/13) [2 pp.]
From LSCR Volume 21, Issue 6 Defendant was convicted of second degree murder and attempted second degree murder. On appeal
to the Third Circuit, his assignments of... view full summary |
| 10. | State met burden required at pre-trial hearing based on evidence of drug sales.
State v. Gilbert Baham, 2013-KK-0901 (La. 06/28/13) [4 pp.]
From LSCR Volume 21, Issue 6 Officer Hunter of the NOPD received information from a familiar and reliable confidential
informant that "Gilbert" wa... view full summary |
| 11. | No good cause existed to require victim to testify at pre-trial hearing regarding identification of defendants.
State v. Reginald Young, 2013-KK-1069 (La. 06/28/13) [2 pp.]
From LSCR Volume 21, Issue 6 According to La. R.S. Section 46:1844(C)(3), concerning the rights of victims and witnesses, "Before any
victim may be subpoenaed to t... view full summary |
| 12. | Officers could search backpack in public place based on "plain smell" doctrine.
State v. Kevin Gray, 2013-KK-1326 (La. 06/28/13) [3 pp.]
From LSCR Volume 21, Issue 6 NOPD officers received a detailed anonymous tip that a man who was selling various items from
a table on Canal Street also was selling... view full summary |