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Showing results for LSCR volume 26 LSCR issue 12
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BAR / DISCIPLINARY / ETHICS

1.Former Assistant U.S. Attorney disbarred.
In re: Salvador R. Perricone, 2018-B-1233 (La. 12/05/18) [21 pp.]
From LSCR Volume 26, Issue 12
     Respondent was admitted to practice law in Louisiana in 1979. He began employment at the U.S. Attorney's Office for the Eastern District of Louisiana (USAO) in 1991 and a... view full summary
CIVIL PROCEDURE

2.Genuine issues of material fact precluded summary judgment.
Jody Gaspard v. Marvin Hutson, 2018-CC-1424 (La. 12/03/18) [1 p.]
From LSCR Volume 26, Issue 12
     Helena Chemical Company filed a motion for summary judgment, which the district court denied. The First Circuit granted a supervisory writ and reversed. Without provi... view full summary
3.Court reinstates appeal after court of appeal dismissal on technicality.
Earnest Williams v. North Oaks Medical Center, 2018-C-1386 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
     The district court entered judgment dismissing plaintiff's claims and also denied a motion for new trial. When plaintiff appealed the dismissal of his claims, he inadverte... view full summary
TAXATION

4.Taxpayers successfully challenge constitutionality of Act 109 and recover taxes paid under protest.
Ivan I. Smith v. Kimberly L. Robinson, Secretary of the Louisiana Dept. of Revenue, 2018-CA-0728 (La. 12/05/18) [22 pp.]
From LSCR Volume 26, Issue 12
     Prior to 2015 a Louisiana taxpayer who derived income from another state and paid net income taxes on that income in the other state received a full credit f... view full summary
DOMESTIC RELATIONS

5.Representations made by husband in attorney disciplinary proceedings estopped him from seeking reimbursement from ex-wife on loan he obtained with her forged signature.
Elizabeth Webb v. Daniel Andrew Webb, 2018-C-0320 (La. 12/05/18) [30 pp.]
From LSCR Volume 26, Issue 12
     In December 2011 defendant, an attorney, executed a loan for $250,000 that was secured by a mortgage on his family home. It was undisputed that plaintiff, who was then... view full summary
6.Res judicata prevented ex-wife from recovering damages for domestic abuse in tort suit filed after consent judgment awarding spousal support.
Jo Schernbeck Hoddinott v. Reginald Kenning Hoddinott, III, 2018-C-1474 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Jo and Reginald Hoddinott were married in 2001. In 2013 Reginald filed a petition for divorce. In an amended reconventional demand, Jo sought a divorce pu... view full summary
JUVENILE

7.Court reverses adjudication of rape for insufficient evidence.
State in the Interest of T.H., 2017-CK-2021 (La. 12/03/18) [3 pp.]
From LSCR Volume 26, Issue 12
     The victim in this matter, TS, age fourteen at the time of the offense, testified that she lived in an apartment complex in East Baton Rouge Parish and in December 2016... view full summary
CRIMINAL

8.Coercive police action was required for finding that confession was involuntary.
State v. Rose Johnson, 2018-KK-1370 (La. 12/03/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Defendant filed a motion to suppress her statement to police on the grounds that she had a diminished mental state. The district court granted the motion. The Court grante... view full summary
9.Officer falsely promised confidentiality and subverted Miranda warnings.
State v. Christopher Alexander, 2018-KK-1772 (La. 12/03/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Defendant made an incriminating statement to a detective in an interrogation room after the detective told defendant that no one would need to know what defendant told ... view full summary
10.Court reverses death sentences in Baton Rouge Carquest murders.
State v. Lee Turner, Jr., 2016-KA-1841 (La. 12/05/18) [114 pp.]
From LSCR Volume 26, Issue 12
     Defendant was convicted of the 2011 first degree murders of Edward Gurtner, III, and Randy Chaney, employees of the Carquest auto store on Airline Drive in B... view full summary
11.Court orders new trial after first degree murder convictions because of erroneous rulings on hearsay and privilege.
State v. Jeremy Wilson, 2017-K-0908 (La. 12/05/18) [16 pp.]
From LSCR Volume 26, Issue 12
     Defendant and Erick Townsend were indicted for first degree murder in connection with the 2008 deaths of Donald Wayne Demille Williams and Kimberly Sims. The vi... view full summary
12.Court remands for consideration of whether McCoy applies retroactively on collateral review.
State v. James Claiborne Magee, 2018-KP-0310 (La. 12/17/18) [1 p.]
From LSCR Volume 26, Issue 12
     Defendant was convicted of the brutal 2007 shootings of his estranged wife and five-year- old son. He was sentenced to death and unsuccessfully exhausted appellate relie... view full summary