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Showing results for LSCR volume 27 LSCR issue 1
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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

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