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Showing results for LSCR volume 22 LSCR issue 3
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MEDICAL MALPRACTICE

1.District court could require PCF to obtain judicial approval before terminating medical expense payments to patient.
Tina Lynette Watkins v. Lake Charles Memorial Hospital, 2013-C-1137 (La. 03/25/14) [37 pp.]
From LSCR Volume 22, Issue 3

          Dustin Watkins suffered an in utero stroke two days before his birth in 1990, resulting in a brain injury. A medical malpractice actio... view full summary
TORTS

2.Plaintiff in slip-and-fall case failed to prove constructive notice of cup on floor at Dollar General.
David Guillot v. Dolgencorp, LLC, 2013-C-2953 (La. 03/21/2014) [1 p.]
From LSCR Volume 22, Issue 3

          Plaintiff was shopping in the Dollar General store in Marksville when he slipped and fell on a McDonald's cup containi... view full summary
CONSTITUTIONAL LAW

3.Court's direct appellate jurisdiction under art. V, Section 5(D) requires declaration in judgment that law is unconstitutional.
State of Louisiana v. Lynn E. Foret, M.D., 2014-CA-0257 (La. 03/14/14) [2 pp.]
From LSCR Volume 22, Issue 3

          The State invoked the Court's appellate jurisdiction based on La. Const. art. V, Section 5(D), on the ground that the district court h... view full summary
ADMINISTRATIVE

4.Because investigation of terminated police officer involved criminal activity, time limits in Section 40:2531 did not apply.
Thomas McMasters v. Department of Police, 2013-C-2634 (La. 02/28/14) [2 pp.]
From LSCR Volume 22, Issue 3

          On November 23, 2009, plaintiff, an employee of the New Orleans Police Department, became the subject of a complaint. The complaint al... view full summary
5.Terminated officer not entitled to copy of statement other officer made during investigation of complaint.
Julie Gaspard v. City of Abbeville, 2013-C-2817 (La. 03/14/14) [3 pp.]
From LSCR Volume 22, Issue 3

          Plaintiff, an officer with the Abbeville Police Department, was involved in an incident that occurred during a classroom taser demonst... view full summary
6.Definition of health care "facility" in enabling statute controlled over definition in administrative rule.
Midtown Medical, LLC v. Department of Health and Hospitals, 2014-C-0005 (La. 03/14/14) [4 pp.]
From LSCR Volume 22, Issue 3

          La. R.S. Section 40:2199 sets forth a scheme for licensure enforcement applicable to certain health care facilities. The term "facilit... view full summary
CRIMINAL

7.Search of unlabeled pill bottle was warranted as incident to lawful arrest.
State of Louisiana v. Dejon Marshall, 2014-KK-0369 (La. 02/26/14) [2 pp.]
From LSCR Volume 22, Issue 3

          Defendant was arrested for possession of narcotics. In this brief opinion, the Court granted a supervisory writ and reve... view full summary
8.State proved out-of-state guilty plea was valid for use in habitual offender adjudication.
State of Louisiana v. Edward J. Morgan, III, 2013-K-1495 (La. 02/28/14) [4 pp.]
From LSCR Volume 22, Issue 3

          At issue was defendant's sentence on an aggravated incest charge in a multiple count indictment. The State sought to have him sentence... view full summary
9.District court should be directed to conduct resentencing in compliance with laws implementing Miller v. Alabama.
State of Louisiana v. Willie Jones, 2013-K-2039 (La. 02/28/14) [1 p.]
From LSCR Volume 22, Issue 3

          In March 2012, defendant was convicted of second degree murder, committed when he was seventeen years old. He was se... view full summary
10.Court vacated maximum sentence rendered by district court to bypass Orleans Parish Prison.
State of Louisiana v. Richard Mills, 2013-KO-1901 (La. 03/21/14) [3 pp.]
From LSCR Volume 22, Issue 3

          Based on the presence of residue in a glass pipe, defendant was convicted of possession of cocaine. He was adjudicated a second felony... view full summary
11.Grand jury testimony of recalcitrant eyewitness to murder was admissible at trial.
State of Louisiana v. Eric Ross, 2013-K-0175 (La. 03/25/14) [20 pp.]
From LSCR Volume 22, Issue 3

          On December 6, 2008, Albert McClebb, Jr. was shot to death in the Algiers neighborhood of New Orleans. No eyewitnesses initially c... view full summary