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Showing results for LSCR volume 25 LSCR issue 10
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BAR / DISCIPLINARY / ETHICS

1.Prosecutor's duty to disclose under Rule 3.8(d) is the same as under Brady.
In Re: Ronald Seastrunk, 2017-B-0178 (La. 10/18/17) [27 pp.]
From LSCR Volume 25, Issue 10
     This attorney disciplinary proceeding raised an issue of first impression of whether the ethical duty imposed on a prosecutor by Louisiana Rule of Professional... view full summary
CONTRACTS

2.Court reinstates award of almost $1M in BP settlement proceeds to sublessee/purchaser of oyster leases.
Nikola P. Vekic v. Dragutin Popich, 2017-C-0698 (La. 10/18/17) [22 pp.]
From LSCR Volume 25, Issue 10
     In 2009 plaintiff sought to buy three oyster leases that were owned by defendants. The parties signed a "Sublease Agreement with Option to Purchase," which w... view full summary
TORTS

3.For anti-SLAPP law to apply, protected statements must concern public issue, even if made in judicial proceeding.
Philip Shelton v. Nancy Pavon, 2017-CC-0482 (La. 10/18/17) [26 pp.]
From LSCR Volume 25, Issue 10
     After plaintiff's wife died he discovered that she had removed him as beneficiary of an insurance policy on her life and instead named defendant ... view full summary
4.Court reduces $23M maritime tort punitive damages award as excessive.
Ron Warren v. Shelter Mutual Insurance Company, 2016-C-1647 (La. 10/18/17) [57 pp.]
From LSCR Volume 25, Issue 10
     In May 2005 Derek Hebert was a passenger in a 1998 Champion boat driven by his friend and owned by his friend's father. The boat was travelling in a channel of the Calcasi... view full summary
JUVENILE

5.Crime of unauthorized use of motor vehicle does not require knowledge that vehicle is stolen.
State in the Interest of C.T., 2016-CK-0939 (La. 10/18/17) [8 pp.]
From LSCR Volume 25, Issue 10
     Baton Rouge police officers found fifteen-year-old CT and another juvenile passed out in a truck in a McDonald's parking lot at 1 a.m. A strong odor of marijuana emanate... view full summary
CRIMINAL

6.Grand jury secrecy not violated by Bernard Sheriff's Office's production of grand jury subpoenas in response to public records request.
State v. Jarrod Gourgues, 2016-K-2255 (La. 10/16/17) [2 pp.]
From LSCR Volume 25, Issue 10
     Defendant provided testimony at a grand jury hearing related to the Louisiana Attorney General's investigation of former St. Bernard Parish President... view full summary
7.Remand necessary for hearing on application of plain smell exception to warrant requirement.
State v. Shane Foss, 2017-KK-0744 (La. 10/16/17) [4 pp.]
From LSCR Volume 25, Issue 10
     An officer approached defendant, questioned him, and conducted a search of his outer clothing for a weapon. The officer discovered a cigarette pack, ... view full summary
8.Court dispenses with "same evidence" test for double jeopardy determination.
State v. Skylar Frank, 2016-K-1160 (La. 10/18/17) [12 pp.]
From LSCR Volume 25, Issue 10
     BW was a fifteen-year-old girl living in Oakdale, Louisiana. One evening when her uncle knew that BW was at home alone, he became concerned because ... view full summary
9.State's failure to prove time periods between habitual offenses is error patent; waiver of twenty-four hour sentencing delay cannot be implied.
State v. Keith Kisack, 2016-K-0797 (La. 10/18/17) [9 pp.]
From LSCR Volume 25, Issue 10
     An Orleans Parish Prison employee found a cell phone secreted in a crevice in a wall of a prison common room. A warrantless search of the phone revealed that defendant, a... view full summary
10.Warrantless search of probationer's residence did not meet procedural requirements and violated Louisiana Constitution.
State v. Kayla Brignac, 2017-KK-0448 (La. 10/18/17) [24 pp.]
From LSCR Volume 25, Issue 10
     In March 2016 defendant was on probation, and her assigned probation officer was Rebecca Soileau. The probation department received information from another la... view full summary
11.Court again rules that search of probationer's home was unconstitutional.
State v. Avery Julien, 2017-KK-0557 (La. La. 10/18/17) [11 pp.]
From LSCR Volume 25, Issue 10
     In a second case involving La. Code Crim. Proc. art. 895(A)(13)(a), two officers of the New Orleans District of Probation and Parole conducted an early morning... view full summary
12.No abuse of discretion in denying challenge for cause of juror who stated that mother's rape might affect her ability to be impartial.
State v. Derrick Dotson, 2016-K-0473 (La. 10/18/2017) [22 pp.]
From LSCR Volume 25, Issue 10
     In 2010, while investigating unsolved rape cases, the New Orleans Police Department discovered through the national DNA database that DNA from two unsolved rape... view full summary
13.Defendant entitled to substitute insanity plea where there was no strategy to delay trial.
State v. Calvin Louis Noel, III, 2016-K-0043 (La. 10/18/17) [7 pp.]
From LSCR Volume 25, Issue 10
     In March 2011 a Lafayette police officer was investigating a possible car burglary when he stopped defendant, who was walking in the middle of the street. When ... view full summary
14.Court reinstates conviction for indecent behavior with a juvenile and sentence for simple kidnapping.
State v. Fahim A. Shaikh, 2016-K-0750 (La. 10/18/17) [7 pp.]
From LSCR Volume 25, Issue 10
     In April 2014 thirteen-year-old AG ran away from home while her mother was out. She headed to a friend's house on foot and was walking along th... view full summary
15.Court reinstates DWI conviction for defendant found intoxicated inside stalled vehicle.
State v. Calvin Lewis, 2017-OK-0081 (La. 10/18/17) [6 pp.]
From LSCR Volume 25, Issue 10
     A Jefferson Parish police officer found a truck stopped in the middle of a roadway late one night with defendant inside attempting to restart the truck. Defendant smell... view full summary