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Showing results for LSCR volume 26 LSCR issue 9
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BAR / DISCIPLINARY / ETHICS

1.Court rejects ODC's interpretation of duties of disclosure to tribunal.
In re: John N. Bokenfohr, 2018-B-0718 (La. 09/21/18) [4 pp.]
From LSCR Volume 26, Issue 9
     Respondent learned that his client failed to produce evidence in response to a search warrant in an ongoing criminal investigation. He counseled his client on... view full summary
CONSTITUTIONAL LAW

2.New Orleans ordinance banning sale of art outside of limited French Quarter areas was unconstitutional.
City of New Orleans v. Lawrence Clark, 2017-KK-1453 (La. 09/07/18) [23 pp.]
From LSCR Volume 26, Issue 9
     In March 2016 defendant was issued a citation for displaying his art for sale on the neutral ground at Decatur Street and Esplanade Avenue in New Orleans in violation of M... view full summary
TORTS

3.Court reverses summary judgment dismissal of plaintiff's claims for damages from fallen utility pole.
Cynthia Gayle v. Dixie Electric Membership Corp., 2018-CC-0754 (La. 09/28/18) [3 pp.]
From LSCR Volume 26, Issue 9
     A utility pole installed by defendant fell during a storm and crushed a vehicle operated by plaintiff. Plaintiff filed suit, and defendant moved for summary judgm... view full summary
INSURANCE

4.Neither party entitled to summary judgment in title insurance claim.
Lydia Degueyter v. First American Title Co., 2017-C-2163 (La. 9/18/18) [3 pp.]
From LSCR Volume 26, Issue 9
     On August 1, 2014, plaintiff and her brother-in-law, Charles Faul, bought a tract of land on Snapper Road in New Iberia. The act of cash sale was not recorded until Septem... view full summary
PROPERTY

5.On rehearing, Court remands for consideration of effect of dismissal of one defendant.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2017-C-1518 (La. 09/07/18) [2 pp.]
From LSCR Volume 26, Issue 9
     This case involved a claim by plaintiff against several defendants for failure to release a mineral lease pursuant to Civil Code arts. 206 and 207. ... view full summary
CRIMINAL

6.Defendant waived sentencing delay after denial of motion for new trial.
State v. Brandon Boyd, 2017-K-1749 (La. 08/31/18) [3 pp.]
From LSCR Volume 26, Issue 9
     Defendant was found guilty of a second degree murder that he committed when he was seventeen years old. He filed a motion for new trial, which was denied ... view full summary
7.Court finds defendant was misinformed of sentencing exposure and entitled to withdraw guilty plea.
State v. Jacob Johnston, 2018-KK-0604 (La. 08/31/18) [3 pp.]
From LSCR Volume 26, Issue 9
     Defendant's teacher took defendant into his home to live with his family when defendant was seventeen. On a day that the teacher and his wife left defendant... view full summary
8.Court vacates convictions after remand from SCOTUS: counsel could not admit defendant's guilt over defendant's objection.
State v. Robert Leroy McCoy, 2014-KA-1449 (La. 08/31/18) [1 p.]
From LSCR Volume 26, Issue 9
     Defendant was convicted of three counts of first degree murder arising from a triple- homicide in Bossier City in 2008 and sentenced to death. His... view full summary
9.Court vacates first-degree murder conviction: counsel could not admit defendant's guilt at trial over defendant's objection.
State v. Brian Douglas Horn, 2016-KA-0559 (La. 09/07/18) [21 pp.]
From LSCR Volume 26, Issue 9
     In 2010 twelve-year-old Justin Bloxom was staying overnight at a friend's house in Stonewall, Louisiana, and texting with a person he thought was a fourteen-ye... view full summary
10.Court reinstates malfeasance in office charges stemming from Grand Isle apartment fire.
State v. Nunzio Marchiafava, 2017-K-1670 (La. 09/21/18) [3 pp.]
From LSCR Volume 26, Issue 9
     In September 2012 two people were killed in a fire at the Willow Creek Apartments in Grade Isle. Someone later told the Metropolitan Crime Commissio... view full summary
11.Court of appeal must address issue of sufficiency of the evidence before other issues.
State v. Rayne Williams, 2017-K-1816 (La. 09/21/2018) [1 p.]
From LSCR Volume 26, Issue 9
     After a bench trial in 2013, defendant was convicted of attempted murder and sentenced to ten years at hard labor without benefit of parole, probation, or suspe... view full summary
12.Court remands for consideration of decision holding that simple kidnapping is not responsive to a charge of second degree kidnapping.
State v. Chadwick McGhee, 2017-KO-1951 (La. 09/21/18) [2 pp.]
From LSCR Volume 26, Issue 9
     Defendant was charged with second degree kidnapping but found guilty of simple kidnapping. He was adjudicated a third felony offender and sentenced to... view full summary
13.Defendant not entitled to transcripts of grand jury testimony.
State v. Andre Francis, 2018-KK-1395 (La. 09/21/18) [4 pp.]
From LSCR Volume 26, Issue 9
     In defending gang-related homicide charges in Orleans Parish, defense counsel sought the full transcripts of the grand jury testimony of codefendants. After r... view full summary
14.Defendant entitled to introduce evidence of diminished capacity to challenge voluntariness of confession.
State v. Teddy Chester, 2018-KK-1565 (La. 09/21/18) [2 pp.]
From LSCR Volume 26, Issue 9
     Defendant was convicted in the 24th JDC of first degree murder as a result of the fatal 1995 shooting of taxi driver John Adams and sentenced to death. His conv... view full summary