Archive of LSCR Articles

Showing results for LSCR volume 23 LSCR issue 4
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BAR / DISCIPLINARY / ETHICS

1.On second charge for failing to timely file financial statement, justice of the peace's actions were willful and knowing.
In Re: Justice of the Peace Kevin J. Hoffman, 2014-O-2623 (La. 04/10/15) [7 pp.]
From LSCR Volume 23, Issue 4

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

2.Defendants not entitled to summary judgment on issue of whether asset transfers were made for the purpose of avoiding liability to plaintiff.
Marla Whittington v. Hospice Care Services of Louisiana, LLC, 2014-C-2613 (La. 04/17/15) [1 p.]
From LSCR Volume 23, Issue 4

          In 2007, plaintiff filed a claim against her employer, Hospice Care Services of Louisiana, LLC, alleging she was fired because she had... view full summary
MEDICAL MALPRACTICE

3.Verdict for defendant reversed where district court erred in not allowing testimony of plaintiffs' expert.
Robert Thomas McGregor v. Hospice Care of Louisiana in Baton Rouge, LLC, 2014-C-2591 (La. 04/24/15) [2 pp.]
From LSCR Volume 23, Issue 4

          In April 2002, Donald McGregor, who had terminal metastatic prostate cancer, was unable to travel to his doctor's office any longer an... view full summary
WORKERS' COMPENSATION

4.Employer entitled to summary judgment in tort suit where plaintiff's injuries were not inevitable result of employer's failure to destroy defective gas cylinder.
Truman Stanley, III v. Airgas-Southwest, Inc., 2015-CC-0274 (La. 04/24/15) [7 pp.]
From LSCR Volume 23, Issue 4

          Plaintiff was employed by Airgas-Southwest, Inc., a company engaged in the business of filling and re-filling gas cylinders. He was in... view full summary
STATE AND LOCAL GOVERNMENT

5.Court of appeal erred in requiring plaintiff to submit resolution into record when Bond Validation Act contained no such requirement.
Louisiana Local Governmental Facilities v. All Taxpayers, 2015-C-0417 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Pursuant to the Bond Validation Act, La. R.S. Section 13:5121, et seq., plaintiff filed a motion for judgment validati... view full summary
CRIMINAL

6.Court reverses retroactive application of Miller v. Alabama in case in which defendant had been resentenced and released.
State v. Mark Smith, 2013-OK-1125 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was sentenced to life imprisonment without parole eligibility based on acts committed when he was a juvenile. He moved to co... view full summary
7.Under unique circumstances, defendant was entitled to raise on collateral review the issue of ineffective assistance of counsel at habitual offender proceeding.
State v. Alphonse Moore, 2014-KP-1282 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of armed robbery, found to be a second felony offender, and sentenced to forty-nine years and six months of im... view full summary
8.Defendant entitled to new trial based on newly discovered evidence of sole prosecution witness's convictions for perjury and malfeasance.
State v. Kevin Taylor, 2014-KO-1551 (La. 03/27/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of possession of cocaine based on testimony by Officer Hunt and adjudged a fourth felony offender. Officer Hun... view full summary
9.Where sentence of twenty years without benefit of probation or suspension of sentence was imposed on defendant as third felony offender based on marijuana possession conviction, case was remanded for district court to supply reasons.
State v. Corey Ladd, 2014-KO-1611 (La. 03/27/15) [3 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of possession of about half an ounce of marijuana. The district court ruled he was a third felony offender, ba... view full summary
10.Defendant not entitled to have guilty plea set aside based on incompetency to proceed.
State v. Brandon Houston, 2014-KP-1055 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant filed a motion in the district court to set aside his guilty plea based on his alleged incompetency to proc... view full summary
11.Investigatory stop was justified by defendant's suspicious driving pattern in high crime area.
State v. Dameion A. Greenberry, 2014-K-1126 (La. 04/10/15) [2 pp.]
From LSCR Volume 23, Issue 4

          New Orleans Police Officers Slagle and Davis were notified by the Violent Crime Abatement Team that a white Yukon SUV was continuously... view full summary
12.McQuiggin v. Perkins did not apply to state post-conviction proceedings based on state law.
State v. Gerard Edwards, 2014-KP-1737 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant filed an application for post-conviction relief, to which the State filed procedural objections. The district co... view full summary
13.Defendant not entitled to retroactive application of Miller v. Alabama on collateral attack of sentence.
State v. Lawrence Jacobs, 2014-KP-1622 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of second degree murder and sentenced to life imprisonment without parole eligibility based on acts committed ... view full summary