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Showing results for LSCR volume 27 LSCR issue 10
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JUVENILE

1.Court sidesteps issue of constitutionality of lifetime sex offender registration for juveniles, holding that habeas relief was not available.
State in the Interest of A.N., 2018-CK-01571 (La. 10/22/19) [19 pp.]
From LSCR Volume 27, Issue 10

          A.N. was adjudicated delinquent in Orleans Parish Juvenile Court for the crime of aggravated incest involving his younger sister. As a... view full summary
2.State failed to prove juvenile's age at time of offense, so lifetime sex offender registration did not apply.
State in the Interest of E.S., 2018-CK-01763 (La. 10/22/19) [24 pp.]
From LSCR Volume 27, Issue 10

          After investigating allegations of sexual abuse against E.S. by a 5-year-old girl, a detective executed an arrest warrant affidavi... view full summary
CRIMINAL

3.District attorney did not have authority to dismiss and reinstitute charges to avoid evidentiary ruling.
State v. Fred Reimonenq, 2019-KK-00367 (La. 10/22/19) [19 pp.]
From LSCR Volume 27, Issue 10

          In December 2016 an Orleans Parish grand jury indicted defendant on charges of first degree rape, attempted first degree rape, and sex... view full summary
4.Court reverses convictions because of district court's error in Batson analysis.
State v. Kenneth Jones, 2017-K-00658 (La. 10/22/19) [27 pp.]
From LSCR Volume 27, Issue 10

          In November 2011 four men, including Jeremiah Harris and Merlin Smothers, were engaged in illegal activities in Harris's vehicle when... view full summary
5.State failed in its burden regarding predicate out-of-state guilty plea for habitual offender adjudication.
State v. Desmond C. Parker, 2019-K-0028 (La. 10/22/19) [12 pp.]
From LSCR Volume 27, Issue 10

          Defendant was found guilty of simple robbery and intimidating a witness. The State filed a habitual offender bill of information alleg... view full summary
6.Court clarifies application of amended Habitual Offender Law.
State v. Henry Pierre Lyles, 2019-KO-00203 (La. 10/22/19) [8 pp.]
From LSCR Volume 27, Issue 10

          Louisiana's Habitual Offender law, La. R.S. Section 15:529.1 was amended by 2017 La. Acts 282. Among other things, Act 282 reduced from ... view full summary
INSURANCE

7.Insured's bad faith claim against insurer was subject to ten-year prescriptive period.
Beverly Smith v. Citadel Insurance Co., 2019-CC-00052 (La. 10/22/19) [18 pp.]
From LSCR Volume 27, Issue 10

          Plaintiff filed suit against Darlene Shelmire and her insurer, GoAuto Insurance Company, as a result of a 2010 automobile accident. In 2... view full summary
MEDICAL MALPRACTICE

8.Plaintiff's claims were for administrative negligence and not medical malpractice.
Brenda Scio v. University Medical Center Management Corp., 2019-CC-1319 (La. 10/21/19) [1 pp.]
From LSCR Volume 27, Issue 10
Pl
          aintiff filed suit against University Medical Center New Orleans (UMC) alleging that UMC "was negligent in failing to implement an adm... view full summary
STATE AND LOCAL GOVERNMENT

9.Public entity's bid advertisement could not impose more restrictive requirements than Public Bid Law.
LeBlanc Marine v. State of Louisiana, 2019-C-0053 (La. 10/22/19) [9 pp.]
From LSCR Volume 27, Issue 10

          In May 2017 the State, through the Division of Administration's Office of Facility Planning and Control, issued an advertisement for bid... view full summary
SUCCESSIONS

10.Act revoking prior wills was effective even without date.
Succession of Edward Robin, Sr., 2019-C-0405 (10/23/19) [18 pp.]
From LSCR Volume 27, Issue 10

          Edward Robin, Sr. (Robin) had ten children -- five from his first marriage: Chris, Don, Brad, Edward, and Donna; three from his second m... view full summary