| BAR / DISCIPLINARY / ETHICS
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| 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
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| 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
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| 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
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| 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
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| 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 |