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TORTS

1.Court increases general damages and loss of consortium awards calculated by court of appeal.
Kimberly Thibodeaux v. James Donnell, M.D., 2017-C-0909 (La. 10/27/17) [3 pp.]
From LSCR Volume 25, Issue 11
     Editor's note: The Court granted a supervisory writ and issued an opinion in this matter on January 20, 2017, and again on October 27, after remand to the court of appeal... view full summary
2.Court reinstates award for survival damages in electrocution case.
Charles Thompson v. David Crawford, 2017-C-1400 (La. 11/13/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Dan Thompson was electrocuted and killed when he came into contact with a live electrical wire at the Spanish Moon Bar in Baton Rouge in 2013. Nearly 8,000 volts of electr... view full summary
CIVIL PROCEDURE

3.Court appoints judge ad hoc on motion to recuse district court judges.
KT Farm Partnership v. Citizens Progressive Bank, 2017-OC-1443 (La. 11/13/17) [3 pp.]
From LSCR Volume 25, Issue 11
     This Winnsboro suit involves a group of farmers suing area banks for approximately $5 million, alleging breach of a crop loan agreement. Plaintiffs filed a... view full summary
CRIMINAL

4.Defendant's claim regarding counsel's failure to require trial testimony by minor victims did not meet Strickland requirements.
State v. Timothy Thibodeaux, 2016-KP-0994 (La. 10/27/17) [3 pp.]
From LSCR Volume 25, Issue 11
     Defendant was convicted of aggravated incest and aggravated rape as to his two daughters, both of whom were under the age of thirteen. After unsuccessfully appealing... view full summary
5.Officers were justified in frisking defendant because they had cause to arrest him, regardless of whether they intended to arrest him.
State v. Ellis Jones, 2017-KK-1571 (La. 10/27/17) [4 pp.]
From LSCR Volume 25, Issue 11
     Officers stopped defendant because he was walking in a street although a sidewalk was provided, in violation of Section 154-1607(a) of the Municipa... view full summary
6.Search of defendant who had outstanding arrest warrant was lawful and incident to arrest after traffic stop.
State v. Rebecca Owens, 2017-KK-1258 (La. 11/13/17) [3 pp.]
From LSCR Volume 25, Issue 11
     An officer saw defendant veer her vehicle across a fog line on the highway and then determined her license plate was registered to a different vehicle. H... view full summary
7.Commissioner used wrong arrest date when he released defendant for failure to hold timely hearing.
State v. Michael Whitfield, 2017-KK-1384 (La. 11/13/17) [1 p.]
From LSCR Volume 25, Issue 11
     In an earlier, unrelated prosecution, defendant failed to appear in court and was arrested pursuant to an alias capias. After that arrest and while defendant was in cus... view full summary
8.After remand from SCOTUS, Court remands for creation of record regarding Batson challenges; State, not judge, must offer race-neutral reasons for strike.
State v. Jabari Williams, 2016-K-1952 (La. 11/13/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Defendant was tried in 2012 for second-degree murder. During voir dire, the parties questioned potential jurors across two panels. At the end of t... view full summary
9.Court reinstates district court's dismissal of application for post-conviction relief as untimely.
Ronald Ohlsson v. State, 2016-KP-1186 (La. 11/17/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Petitioner was tried and convicted for illegal possession of a firearm by a felon, three counts of armed robbery, and possession of stolen thing valued at mo... view full summary
10.Court clarifies application of statute granting immunity from prosecution in drug overdose cases.
State v. Kevin Jago, 2017-K-0183 (La. 11/17/17) [4 pp.]
From LSCR Volume 25, Issue 11
     In November 2015 St. Charles Parish Sheriff's Deputy Charles Warren responded to an anonymous call that two men were passed out in a car on Airl... view full summary