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Showing results for LSCR volume 26 LSCR issue 4
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MEDICAL MALPRACITCE

1.Court affirms summary judgment for hospital, reverses summary judgment for doctor.
Jacqueline Brenner v. Dr. Ronald Lewis, 2018-C-295 (La. 04/27/18) [2 pp.]
From LSCR Volume 26, Issue 4
     On February 23, 2011, after experiencing two seizure-like episodes at her home, forty- seven-year-old Judith LeBlanc was seen by her primary care physician, Ron... view full summary
PROPERTY

2.Court recalls writ in case involving claimed servitude of passage.
Three Rivers Commons Condominium Assoc. v. Donna Grodner, 2017-C-0974 (La. 04/02/18) [3 pp.]
From LSCR Volume 26, Issue 4
     This case involved a dispute over an alleged servitude of passage. Three Rivers Island is located on the south side of the Diversion Canal in Livingston Pari... view full summary
CIVIL PROCEDURE

3.Court vacates discovery order requiring defendants to provide a specific interrogatory answer that would have been false.
Deon Danna v. The Ritz-Carlton Hotel Co., LLC, 2018-CC-0331 (La. 04/20/18) [2 pp.]
From LSCR Volume 26, Issue 4
     This case arose from plaintiff's termination as Director of Engineering at the Ritz Carlton Hotel in New Orleans. More than three years after filing his origina... view full summary
CRIMINAL

4.Court vacates sentence and remands for resentencing and retroactive application of more lenient penalty provisions.
State ex rel. Eugene Jarrow, 2015-KH-0265 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     Defendant, who was previously convicted and sentenced and had exhausted all state and federal habeas relief, sought the retroactive application of more... view full summary
5.Court reverses order for evidentiary hearing on post-conviction claim by defendant convicted of murdering his infant.
State v. Bertie Hicks, 2016-KP-2203 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     In 2006 defendant pled guilty to manslaughter in connection with the 2005 murder of his seven-week-old daughter. According to the pre-sentence report, defendant confessed ... view full summary
6.Court instructs district court to view recordings of seizure of evidence.
State v. Julian McConnell, 2018-KK-0131 (La. 04/02/18) [1 p.]
From LSCR Volume 26, Issue 4
     Police in Caddo Parish responded to a report of a domestic disturbance involving a firearm. While in the home, officers seized evidence from the bedroom floor and charged de... view full summary
7.Court vacates sentence in light of Montgomery/Miller.
State v. Phillip Schane, 2017-KP-0582 (La. 04/06/18) [2 pp.]
From LSCR Volume 26, Issue 4
     In 1980 defendant pled guilty to a second degree murder that he committed as a juvenile and was sentenced to life imprisonment without benefit of probation, par... view full summary
8.Defendant entitled to recordings and identities of confidential informants.
State v. Jermaine Dennis, 2017-KK-2029 (La. 04/06/18) [3 pp.]
From LSCR Volume 26, Issue 4
     Defendant sought from the State recordings of himself allegedly engaged in illegal drug transactions with confidential informants, to look for impeachment or e... view full summary
9.District court's denial of post-conviction relief was supported by evidence at Atkins hearing, although experts had contrary opinions.
State v. Allen Robertson, Jr., 2016-KP-1742 (La. 04/06/18) [10 pp.]
From LSCR Volume 26, Issue 4
     Defendant was charged in 1991 with two counts of first degree murder, arising from the gruesome stabbing deaths of an elderly couple, Morris and Kaz... view full summary
10.Court reinstates district court's denial of post-conviction relief: defendant did not meet Strickland standard.
State v. Marcus Coleman, 2017-KP-0093 (La. 04/16/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of armed robbery in 2007 and sentenced to ninety-nine years in prison as a fourth felony offender. His conviction and sentence were affirmed. Defen... view full summary
11.Defendant not entitled to suppression of statements although she did not receive Miranda warning.
State v. Tyrone Washington, 2018-KK-0206 (La. 04/20/18) [1 p.]
From LSCR Volume 26, Issue 4
     Defendant made an incriminating statement to police as they arrived at the scene of a house fire. She later moved to suppress the statement on the basis that... view full summary
12.Court remands to determine whether State filed notice under recently amended article regarding Miller resentencing.
State ex rel. Coby Lester Harris, 2016-KH-1820 (La. 04/27/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of a second degree murder that he committed in 1977 as a juvenile and was sentenced to life in prison without benefit of parole, p... view full summary