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Showing results for LSCR volume 24 LSCR issue 6
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MEDICAL MALPRACTICE

1.Judge's misconduct during jury trial warranted new trial.
Richard Logan v. Dr. Donald Schwab, 2015-C-1508 (La. 05/27/16) [13 pp.]
From LSCR Volume 24, Issue 6

          Plaintiffs filed this medical malpractice action in the 32nd JDC, Judge Ellender presiding. The jury found for defendant, and the dist... view full summary
2.Defendant not entitled to summary judgment even though plaintiff had not produced expert testimony.
Mary Lindsey v. Hospital Service Dist. No. 1 of Tangipahoa Parish d/b/a North Oaks Medical Center, 2016-CC-0683 (La. 06/03/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Plaintiff brought this medical malpractice action against North Oaks Medical Center. North Oaks moved for summary judgment, and t... view full summary
CIVIL PROCEDURE

3.Joint motion to dissolve TRO did not preclude award of attorney's fees for improper issuance.
Uletom Hewitt v. Lafayette City-Parish Consolidated Government, 2016-C-0629 (La. 05/27/16) [7 pp.]
From LSCR Volume 24, Issue 6

          Plaintiff was suspended and then terminated from his position as an officer with the Lafayette Parish Police Department. He appealed t... view full summary
CRIMINAL

4.Defendant not entitled to Miranda warning before making statement to private investigator.
State v. Kevin Morgan, 2016-KK-0621 (La. 05/27/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Defendant made an inculpatory statement to a private investigator and later moved to suppress the statement. He argued that he had not... view full summary
5.Jury shield law precluded evidentiary hearing on juror misconduct in habeas proceeding.
State v. Frank Cosey, 2015-KP-1419 (La. 06/17/16) [5 pp.]
From LSCR Volume 24, Issue 6

          In 1996 defendant was convicted of the 1990 rape and first degree murder of a twelve-year-old Baton Rouge girl. He was sentenced to de... view full summary
6.Court remands for consideration by the district court of claims presented initially to appeals court in habeas proceeding.
State Ex Rel. Michael Shannon, 2015-KH-0792 (La. 06/17/16) [1 p.]
From LSCR Volume 24, Issue 6

          Defendant was convicted of second degree murder in 2011 and sentenced to life in prison without benefit of parol, probation, or suspen... view full summary
7.Requirements of amended article regarding jury waiver did not apply to defendant's pre-amendment waiver.
State v. Shane McCallon, 2016-KK-598 (La. 06/17/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with second degree murder as a result of a 2012 shooting in Orleans Parish. He initially waived his right to a j... view full summary
8.District court abused discretion in denying State's request for continuance to prepare for post-conviction evidentiary hearing.
State v. Darrell James Robinson, 2016-KP-1127 (La. 06/20/16) [1 p.]
From LSCR Volume 24, Issue 6

          Defendant was convicted in 2004 on four counts of first degree murder. Evidence showed that he shot and killed four members of a Rapid... view full summary
9.District court abused discretion in declaring mistrial based on testimony of witnesses not required to be sequestered.
State v. Gerard Ladmirault, 2016-KD-1155 (La. 06/23/16) [2 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with aggravated oral sexual battery for sexually assaulting a fourteen-year- old girl at knifepoint in 1991. The... view full summary
10.Court remands for consideration of constitutionality of statute regarding protective orders issued when crimes of violence are charged.
State v. Alireza Sadeghi, 2016-KK-0993 (La. 06/28/16) [2 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with second degree rape and video voyeurism. The district court granted a protective order prohibiting defendant... view full summary
11.Court sets forth guidelines for Miller parole eligibility hearings in light of Supreme Court's decision that Miller applies retroactively on collateral review.
State v. Henry Montgomery, 2013-KP-1163 (La. 06/28/16) [10 pp.]
From LSCR Volume 24, Issue 6

          In 1969 defendant was convicted of the 1963 murder of Deputy Sheriff Charles Hunt. Defendant had turned seventeen just weeks before th... view full summary