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CONTRACTS

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

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

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

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