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Showing results for LSCR volume 25 LSCR issue 5
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DOMESTIC RELATIONS

1.Acknowledgement of signatures on matrimonial agreement is a requirement of form that must occur prior to marriage.
Danielle Acurio v. Dr. Michael Acurio, 2016-C-1395 (La. 05/03/17) [21 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff and defendant married in 1998, divorced in 2000, and married for a second time in 2002. Four days before the second wedding, they executed a prenuptial agreement... view full summary
TORTS

2.Summary judgment not appropriate in suit against stable for horse bite.
Danielle Larson v. XYZ Insurance Company, 2016-C-0745 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff is an Illinois resident who frequently came to New Orleans to visit her boyfriend. On her visits to New Orleans, she often visited Equest Farm, located ... view full summary
3.District court had jurisdiction to hear tort claims arising from termination of state troopers.
Todd Huval v. State of Louisiana, 2016-CC-1857 (La. 05/03/17) [12 pp.]
From LSCR Volume 25, Issue 5
     Plaintiffs Todd Huval and Chad Boyer are former Louisiana State Troopers. They were terminated in 2007 after an investigation resulted in accusations ... view full summary
EMPLOYMENT

4.Court adopts broad definition of "good faith" for Environmental Whistleblower Act.
Eric Borcik v. Crosby Tugs, LLC, 2016-CQ-1372 (La. 05/03/17) [13 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff was employed as a deckhand for defendant. He claimed that over a three-year period the lead captain ordered him to dump waste oil into na... view full summary
STATE AND LOCAL GOVERNMENT

5.Public Records Law applied to LSPCA as quasi-public instrumentality of City of New Orleans.
New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals, 2016-C-1809 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff is a nonprofit corporation founded to advocate for the welfare of dogs in New Orleans and elsewhere. Defendant, the Louisiana SPCA (LSPCA... view full summary
TAXATION

6.Court reinstates mandamus judgment ordering Secretary of Department of Revenue to refund overpaid hotel taxes to casino.
Jazz Casino Co., LLC v. Cynthia Bridges, 2016-C-1663 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff operates a land-based casino in New Orleans and contracts with various hotels for blocks of rooms to be made available to casino patrons on a complimentary or... view full summary
SUCCESSIONS

7.Purported notarial testament derived from internet template was absolutely null for lack of form.
Successions of Jeanette and Ronnie Toney, 2016-C-1534 (La. 05/03/17) [25 pp.]
From LSCR Volume 25, Issue 5
     In 1993 Jeanette Toney executed a will in which she bequeathed her entire estate to her husband, Ronnie Toney, or if he did not survive her, to her brothe... view full summary
CRIMINAL

8.Court distinguishes Louisiana money laundering statute from federal one; evidence was sufficient to convict under Louisiana statute.
State v. Martin Lemoine, 2015-K-1120 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Defendant was the president of Morel G. Lemoine Distributors, Inc. (Morel), which provided fuel to Union Pacific Railroad. Evidence at trial showed ... view full summary
9.Court affirms conviction for intent to distribute eighteen grams of marijuana, resulting in eighteen-year sentence.
State v. Gary D. Howard, 2015-KO-1404 (La. 05/03/17) [14 pp.]
From LSCR Volume 25, Issue 5
     In December 2013 officers obtained a warrant for defendant's arrest for violating the terms of his probation and parole. They had received a tip that defend... view full summary
10.Sex offender registration law applied to defendant who was found not guilty by reason of insanity.
State v. Glenn Cook, 2016-KK-1518 (La. 05/03/17) [20 pp.]
From LSCR Volume 25, Issue 5
     Defendant suffers from severe chronic mental illness and has been in and out of psychiatric treatment since he was a teenager. In 1986, when in his twenties, he was charge... view full summary
11.District court lacked jurisdiction to convict defendant of two counts of rape committed when he was younger than fifteen.
State v. Alfred Harrison, 2016-KO-0187 (La. 05/12/17) [6 pp.]
From LSCR Volume 25, Issue 5
     Defendant was indicted for six counts of aggravated rape that the State alleged he committed when he was between the ages of thirteen and sixteen. ... view full summary
12.Speedy trial period was suspended between time defendant failed to appear and time State knew where he was incarcerated on federal charges.
State v. Chaka Stewart, 2015-K-1845 (La. 05/12/17) [10 pp.]
From LSCR Volume 25, Issue 5
     In June 2011 defendant was charged with one count of possession of marijuana, second offense, one count of possession with intent to distribute heroin, and on... view full summary
13.Defendant was entitled to post-conviction evidentiary hearing on issues of sufficiency of evidence and ineffective assistance.
State v. Rudy Francis, 2016-KP-0513 (La. 05/19/17) [7 pp.]
From LSCR Volume 25, Issue 5
     In 2003 defendant was indicted for the second degree murder of Larry Lawrence. Two trials ended in mistrials. After the third, the jury found defendant gui... view full summary
14.District court's ruling excluding self-defense jury charges was premature.
State v. Devante Payton, 2017-KK-0489 (La. 05/19/17) [3 pp.]
From LSCR Volume 25, Issue 5
     Defendant was charged with second degree murder for the shooting death of Donte Moore. The State filed a pre-trial motion to exclude self-defense jury charges, an... view full summary
15.Court clarifies ruling on traffic stop canine sniff.
State v. Dustin Mantia, 2017-KK-0240 (La. 05/26/17) [2 pp.]
From LSCR Volume 25, Issue 5
     On March 31, 2017, the Court granted a supervisory writ and reversed the district court's grant of a motion to suppress evidence discovered as a result of a dog sniff dur... view full summary
16.Defendant not entitled to be charged under amended law lowering marijuana possession penalties.
State v. Wyman Henry, 2017-KK-0516 (La. 05/26/17) [5 pp.]
From LSCR Volume 25, Issue 5
     On June 25, 2015, defendant was found to be in possession of synthetic marijuana and charged with third-offense possession of marijuana. Four days ... view full summary