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Showing results for LSCR volume 23 LSCR issue 3
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BAR / DISCIPLINARY / ETHICS

1.Shreveport City Court Judge suspended for thirty days.
In Re: Judge Sheva M. Sims, 2014-O-2515 (La. 03/17/15) [24 pp.]
From LSCR Volume 23, Issue 3

          Judge Sheva Sims was elected to the Shreveport City Court in November 2011 and assumed office the following month. One of the prosecut... view full summary
2.Justice of the peace ordered to pay fine for willfully failing to file financial statements after notice of noncompliance.
In Re: Justice of the Peace Lorne L. Landry, 2014-O-2335 (La. 03/17/15) [9 pp.]
From LSCR Volume 23, Issue 3

          Supreme Court Rule XXXIX requires judges and justices of the peace to file annual financial disclosure statements by May... view full summary
CONTRACTS

3.Court reversed breach of employment contract verdict for plaintiff: there was insufficient evidence for a rational trier of fact to conclude the parties agreed to a five-year term of employment.
Michael O. Read v. Willwoods Community, 2014-C-1475 (La. 03/14/15) [17 pp.]
From LSCR Volume 23, Issue 3

          Defendant, a non-profit corporation subject to the precepts of the Roman Catholic Church, provided ministries in affordable housing, ... view full summary
EVIDENCE

4.Admission of blood alcohol test into evidence does not require production of records of calibration of testing machine.
Joanne Ditcharo v. State of Louisiana, 2014-CC-2671 (La. 03/13/15) [1 p.]
From LSCR Volume 23, Issue 3

          In this one-page opinion, the Court granted a supervisory writ to reiterate that nothing in La. R.S. Section 13:3714(C) expressly requ... view full summary
TORTS

5.Dismissal of criminal prosecution under art. 691 can constitute a bona fide termination of the prosecution in favor of the accused for purposes of malicious prosecution claim.
Scott D. Lemoine v. Elizabeth P. Wolfe, 2014-CQ-1546 (La. 03/17/15) [22 pp.]
From LSCR Volume 23, Issue 3

          In this case, the Court answered a certified question from the U.S. Court of Appeals for the Fifth Circuit. The facts, presented in a ... view full summary
CIVIL PROCEDURE

6.Discovery must be served on all parties to constitute step in prosecution of case to avoid abandonment.
Bryon Guillory v. Pelican Real Estate, 2014-C-1539 (La. 03/17/15) [6 pp.]
From LSCR Volume 23, Issue 3

          In 2008, plaintiffs filed suit arising from their purchase of a home. They named several defendants, including the home's sellers; thr... view full summary
PROPERTY

7.Subsequent purchaser doctrine of Eagle Pipe did not apply to transfer of property through succession as opposed to sale.
Nellie Pierce v. Atlantic Richfield Co., 2014-C-1233 (La. 03/17/15) [4 pp.]
From LSCR Volume 23, Issue 3

          This suit involved property in Vermillion Parish. In the mid-1970s Home Industry Disposal Company, Inc. (HIDCO) began ... view full summary
CRIMINAL

8.Life sentence for fifth felony offender convicted of possession of marijuana was unconstitutionally excessive.
State v. Anthony Daye, 2014-K-1191 (La. 02/27/15) [1 p.]
From LSCR Volume 23, Issue 3

          Defendant was convicted of possession of marijuana, second offense. Because he was a fifth felony offender, he was subject to a senten... view full summary
9.Term "sexually assaultive behavior" in La. Code of Evid. art. 412.2 not limited to acts defined as sex offenses under Louisiana law.
State v. Gary Layton, 2014-KK-1910 (La. 03/17/15) [9 pp.]
From LSCR Volume 23, Issue 3

          Defendant, charged with forcibly raping a woman in November 2013, entered a plea of not guilty. In accordance with La. Code Evid. art.... view full summary
10.In case involving theft of copper wire, court of appeal erred in substituting its own hypothesis of innocence for jury's verdict supported by DNA evidence.
State v. Wayne G. Taylor, 2014-K-0432 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3

          The Plaquemines Parish Government owns a 341-acre site comprised of several building complexes located close to the Orleans Paris... view full summary
11.Evidence of statements made to treating physicians by domestic violence victim identifying defendant as her attacker was admissible at defendant's trial when victim was unavailable to testify.
State v. David Koederitz, 2014-KD-1526 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3

          Defendant was charged with second degree battery and false imprisonment. The victim, his estranged girlfriend and mother of his child,... view full summary
12.Colloquy revealed that defendant's guilty plea was product of his reasonable misapprehension of an agreement or of mutual mistake.
State v. Darius Ducre, 2014-OK-1295 (La. 03/16/15) [2 pp.]
From LSCR Volume 23, Issue 3

          The Court granted a supervisory writ in this matter to address issues arising from defendant's guilty plea. During the plea colloquy, ... view full summary