Archive of LSCR Articles
Showing results for LSCR volume 22 LSCR issue 3 | Jump to a direct Volume/Issue
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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 |
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