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Showing results for LSCR volume 27 LSCR issue 2
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BAR / DISCIPLINARY / ETHICS

1.Court imposes two-year suspension on Tammany Parish lawyer who created false quitclaim deeds to acquire abandoned property.
In re: William Magee, 2018-B-0383 (La. 01/30/19) [26 pp.]
From LSCR Volume 27, Issue 2
     Respondent, admitted to the bar in 1978 and a former Town Attorney for Abita Springs, developed a scheme to obtain ownership of abandoned property. He would ... view full summary
2.Court suspends lawyer who "chest bumped" DA at conference in judge's chambers.
In re: Felix DeJean, IV, 2018-B-1333 (La. 01/30/19) [12 pp.]
From LSCR Volume 27, Issue 2
     Respondent was admitted to the practice of law in 1997. In 2006 he was sanctioned for "physical altercations and behaviors" caused by his bipolar disorde... view full summary
CONTRACTS

3.Court reinstates district court's ruling granting exceptions of prematurity based on arbitration agreement.
Martin Berotte v. Bechtel OG&C Construction Services, Inc., 2018-CC-1973 (La. 02/18/19) [2 pp.]
From LSCR Volume 27, Issue 2
     In this case and three related cases, employees of defendant filed suit and were met with exceptions of prematurity based on arbitration agreements. The district court ... view full summary
TORTS

4.Court remands claims by adopted children arising from the wrongful death of their biological father.
Khristy Goins Rismiller v. Gemini Insurance Company, 2018-CC-2089 (La. 02/18/19) [1 p.]
From LSCR Volume 27, Issue 2
     This case arose from a tragic auto accident involving an eighteen-wheeler in October 2015 in Concordia Parish. Richard Stewart and his two minor children were killed in th... view full summary
CIVIL PROCEDURE

5.Plaintiffs' allegations of fraud against individual defendants survived exception of no cause of action.
Tracy Vince v. Metro Rediscount Company, Inc., 2018-C-2056 (La. 02/15/19) [4 pp.]
From LSCR Volume 27, Issue 2
     Southland Express, LLC entered into an agreement with Metro Rediscount Company, Inc. regarding the sale of certain Southland receivables. Plaintiffs, indi... view full summary
WORKERS' COMPENSATION

6.Minor employee was bound by exclusive remedy of workers' compensation law although employed unlawfully and performing prohibited work.
Tasha Griggs v. Bounce N' Around Inflatables, LLC, 2018-C-0726 (La. 01/30/19) [15 pp.]
From LSCR Volume 27, Issue 2
     Bounce N' Around Inflatables, LLC (BNA) rents a variety of inflatables for social events. The inflatables are stored in a warehouse and moved using a battery-operated pall... view full summary
JUVENILE

7.Court reinstates district court's termination of father's rights for failure to comply with case plan, with emphasis on his continued substance abuse.
State in the Interest of ALD and LSD, 2018-CJ-1271 (La. 01/30/19) [20 pp.]
From LSCR Volume 27, Issue 2
     ALD, a minor child, was removed from the care of his mother, NML, and his father, CKD, in May 2016. A few weeks later, Louisiana's Department of Children and Family Servic... view full summary
CRIMINAL

8.Court remands for evidentiary hearing regarding exclusion from trial of testimony and report of DCFS investigator.
State v. Issa Lamizana, Jr., 2017-K-1490 (La. 01/30/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant was charged with the aggravated rape of his step-daughter and step-son. Prior to trial, defendant sought to subpoena a Department of Children and Fa... view full summary
9.Plain view exception to warrant requirement applied to pill bottle visible in stopped vehicle.
State v. Melvin Miguel, 2018-KK-0711 (La. 01/30/19) [7 pp.]
From LSCR Volume 27, Issue 2
     Police stopped a vehicle because it had a cracked windshield. The driver, defendant, had a suspended driver's license, and the vehicle's license plate was fraudulent. ... view full summary
10.Defendant had overcome procedural bars to habeas petition based on newly discovered evidence.
State v. Sean Bernard Newton, 2017-KP-0926 (La. 02/11/19) [2 pp.]
From LSCR Volume 27, Issue 2
     Defendant was convicted of first degree murder and sentenced to life in prison without benefit of parole, probation, or suspension of sentence. He filed an ap... view full summary
11.Evidence of prior charge of obstruction of justice against defendant should have been excluded.
State v. Kacey Severin, 2018-KK-1844 (La. 02/11/19) [2 pp.]
From LSCR Volume 27, Issue 2
     Defendant was charged with second degree murder. At trial, the district court admitted evidence of a prior charge of obstruction of justice as well as evide... view full summary
12.Defendant convicted of murder in 1959 for acts as juvenile was entitled to parole consideration under Louisiana statute.
State v. Clifford Hampton, 2018-OK-0156 (La. 02/13/19) [4 pp.]
From LSCR Volume 27, Issue 2
     In 1959 defendant pleaded guilty to murder for an offense that he committed as a juvenile.
     He was sentenced to life in prison. At that t... view full summary
13.Court addresses ineffective assistance claims raised on appeal, reversing court of appeal's order for evidentiary hearing.
State v. Demauriea Leon McGee, 2018-K-1052 (La. 02/25/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant was convicted of second degree murder in connection with the 2013 shooting of DeAnthony Mardis in Ruston. On appeal his arguments included that defe... view full summary
14.Court orders court of appeal to consider writ application and provide copy of judgment.
State v. James Townsend, 2019-KH-0093 (La. 02/25/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant represented to the Court that the Second Circuit failed to act on a supervisory writ application filed on July 23, 2018. In this brief opinion, the ... view full summary