| BAR / DISCIPLINARY / ETHICS
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| 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
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| 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
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| 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
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| 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 1State 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 1Sentences 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 |