| CIVIL PROCEDURE
|
| 1. | Court orders court of appeal to construe appeal broadly.
Carl Edgefield v. Audubon Nature Institute, Inc., 2018-CC-1782 (La. 01/18/19) [2 pp.]
From LSCR Volume 27, Issue 1
Plaintiff alleged that he slipped and fell while delivering seafood to the Audubon Golf Course
Clubhouse Restaurant, injuring his back. He sued Audubon Nature Institute... view full summary |
| 2. | Court remands to court of appeal for consideration of prior opinion regarding venue.
Lou Babineaux v. Board of Supervisors for the University of Louisiana System, 2018-CC-1663 (La. 01/08/19) [1 p.]
From LSCR Volume 27, Issue 1
In this one-sentence per curiam, the Court granted a supervisory writ and remanded to the
First Circuit for briefing, argument, and full opinion. The Court noted that the ... view full summary |
| CRIMINAL
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| 3. | Defendant entitled to judgment denying his post-conviction application.
State ex rel. Rosheed Guillory v. State, 2017-KH-0945 (La. 01/08/19) [2 pp.]
From LSCR Volume 27, Issue 1
The district court denied defendant's application for post-conviction relief, and the Court
granted a supervisory writ in part. It ordered the district court... view full summary |
| 4. | Inmate who had exhausted collateral review not entitled to Boykin transcript.
Joel Orellana v. 24th Judicial District Court, 2018-KK-1603 (La. 01/08/19) [2 pp.]
From LSCR Volume 27, Issue 1
After exhausting post-conviction relief, Joel Orellana filed suit against the 24th JDC, Parish of
Jefferson, seeking the production of his Boykin transcript. The district... view full summary |
| 5. | District court erred in granting mistrial based on discovery violation.
State v. Chastity Andrews, 2019-KK-0068 (La. 01/13/19) [3 pp.]
From LSCR Volume 27, Issue 1
During defendant's trial certain documents came to light for the first time, including
allegedly prior inconsistent statements by the victim. The district cour... view full summary |
| 6. | Court of appeal erred in ruling without reviewing transcript of ex parte proceedings protecting the identity of a witness.
State v. David Klein, 2018-KK-1611 (La. 01/14/19) [3 pp.]
From LSCR Volume 27, Issue 1
The district court granted the State's motion to protect the identity of a witness under La. Code of Crim. Proc. art. 729.7(A), which requires a prima facie showing that the... view full summary |
| 7. | State was entitled to admit evidence of prior crimes despite remoteness in time.
State v. Christopher Martin, 2018-KK-1722 (La. 01/28/19) [2 pp.]
From LSCR Volume 27, Issue 1
Defendant was charged with ten burglaries. The State sought to admit evidence of three prior
offenses ? an attempted burglary and two burglaries ? as probative ... view full summary |
| 8. | Statement made by defendant after invoking right to counsel should have been suppressed.
State v. Jose Lagos, 2018-KK-1724 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
Defendant filed a motion to suppress a statement he made to a detective on the basis that the
detective continued interrogating defendant after he had invoked his right... view full summary |
| 9. | Defendant entitled to evidentiary hearing on post-conviction application although it was filed after limitations period.
State v. Ashley Dietz, 2016-KP-1538 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
Defendant filed an application for post-conviction relief based on ineffective assistance of
counsel. The district court dismissed the application without ... view full summary |