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BAR / DISCIPLINARY / ETHICS

1.Court finds no ethical violation by judge who benefitted from supplemental insurance program, but orders some reimbursement to judicial expense fund.
In Re: Judge Darryl A. Derbigny, 2016-O-0921 (La. 01/20/17) [38 pp.]
From LSCR Volume 25, Issue 1
     Respondent was elected to serve as a judge for the Orleans Parish Criminal District Court in 2003 and has served continuously since that time. In January 2012, ... view full summary
TORTS

2.Coco high/low rule does not apply when reviewing court disturbs factual finding on causation.
Kimberly Thibodeaux v. James F. Donnell, M.D., 2016-C-0570 (La. 01/20/17) [30 pp.]
From LSCR Volume 25, Issue 1
     In 2003 plaintiff became pregnant with her fourth child. In mid-November, during her twenty-ninth week of pregnancy, plaintiff was hospitalized for fou... view full summary
3.Court reverses award of pre-judgment interest on future damages in Jones Act case.
Ernest Guidry v. ABC Insurance Co., 2016-C-2013 (La. 01/23/2017) [1 p.]
From LSCR Volume 25, Issue 1

     Plaintiff was injured while working as a welder on a floating mat for a bulkhead construction project when a vibrating hammer hit him. He brought claims u... view full summary
4.Court reverses summary judgment for defendant: fact dispute existed as to whether dimly lit stairwell was unreasonably dangerous.
Shannon Rodrigue v. The Baton Rouge River Center, 2016-CC-2075 (La. 01/25/17) [3 pp.]
From LSCR Volume 25, Issue 1
     Plaintiff filed suit against defendants after she was injured in a stairwell at the Baton Rouge Riverside Performing Centroplex. She alleged the lighting in the s... view full summary
5.Court recalls writ in case involving fallen tree and deposition testiimony introduced at trial.
Larry Mitchell v. Louisiana DOTD, 2016-C-1097 (La. 01/25/17) [8 pp.]
From LSCR Volume 25, Issue 1
     During stormy weather in Ruston, a large pine tree fell across a roadway and onto plaintiff's car. The tree also caused a utility pole to fall. Plaintiff suf... view full summary
DOMESTIC RELATIONS

6.Post-marriage separate property agreement approved without joint petition resulted in relative, as opposed to absolute, nullity.
Radcliffe 10, LLC v. Ronald Burger, 2016-C-0768 (La. 01/25/17) [22 pp.]
From LSCR Volume 25, Issue 1
     A judgment of more than $3.4 million was rendered in favor of plaintiff and against defendant, Ronald Burger. Burger and his wife, Lynda, filed an action pur... view full summary
CRIMINAL

7.Court deletes unauthorized prohibition on parole in sentence.
State Ex Rel. Frank Cravanas, 2014-KH-1554 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1

          Defendant pled guilty to aggravated burglary and illegal possession of stolen firearms under La. R.S. Sections 14:60 and 14... view full summary
8.District court erred in summarily denying relief to pro se habeas petitioner.
State Ex Rel. Tolbert Morris, 2015-KH-1824 (La. 01/09/17) [1 p.]
From LSCR Volume 25, Issue 1

     Defendant filed a pro se application for post-conviction relief, and the district court summarily denied it. The Court granted a supervisory writ and vacate... view full summary
9.District court was within discretion to summarily dismiss post-conviction claim.
State Ex Rel. David Q. Davis, 2016-KP-0305 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1
State Ex Rel. Jerome Hudson, 2016-KH-1731 (La. 01/09/17) [2 pp.]      The district court summarily denied defendant's application for post-conviction relief. The Fourth Circui... view full summary
10.Court reverses district court's grant of motion to suppress evidence and statements from traffic stop.
State v. Dominique McClellan, 2016-KK-1592 (La. 01/13/17) [3 pp.]
From LSCR Volume 25, Issue 1
     During a vehicle stop by the NOPD, defendant made incriminating statements and consented to a search of his vehicle. Defendant filed a motion to sup... view full summary
11.Appeal of revised sentence for pre-1982 felony conviction should be considered by intermediate court.
State Ex Rel. Jerome Hudson, 2016-KH-1731 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1
     Prior to 1982 the Court had exclusive appellate jurisdiction over felony convictions. In 1982 appellate jurisdiction in non-capital cases triable by a ... view full summary
12.Sentences for pre-1982 crimes were fully satisfied on release for diminution of sentence on "good time credit."
State Ex Rel. John Earl Square, 2015-KH-1409 (La. 01/13/17) [2 pp.]
From LSCR Volume 25, Issue 1
Sentences for pre-1982 crimes were fully satisfied on release for diminution of sentence on "good time credit." State Ex Rel. John Earl Square, 2015-KH-1409 (La. 01/13/17) [2 pp.]  &nb... view full summary