| MEDICAL MALPRACTICE
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| 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
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| 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
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| 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 |