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Showing results for LSCR volume 28 LSCR issue 1
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CIVIL PROCEDURE

1.Versions of pleading filed by facsimile and by hand were identical for purposes of statute, despite different signature forms.
Jason Meadows v. Christy Adams, 2019-OC-1724 (La. 01/22/2020) [3 pp.]
From LSCR Volume 28, Issue 1
     In this domestic matter, the district court dismissed plaintiff's claims with prejudice on May 8, 2018. The notice of judgment was mailed on May 9, and plaintiff filed ... view full summary
2.Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 28, Issue 1
     The First Circuit declined to consider a writ application as untimely. The Court granted a supervisory writ and vacated that ruling. The application had been file... view full summary
3.Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 28, Issue 1
     On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects in the home that they had build and sold to him. In February 2014 defend... view full summary
EVIDENCE

4.Lower courts erred in excluding testimony from experts.
Certain Underwriters at Lloyd's London v. United States Steel Corporation, 2019-C-1730 (La. 01/28/2020) [3 pp.]
From LSCR Volume 28, Issue 1
     Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary
CRIMINAL

5.Court orders reconsideration of other crimes evidence.
State v. Kyle David Joekel, 2019-KK-01735 (La. 01/08/2020) [2 pp.]
From LSCR Volume 28, Issue 1
     Defendant was charged with first-degree murder in the shooting of a Shreveport police officer. The State sought to introduce evidence of other crimes under ... view full summary
6.Bourbon Street pat-down was justified under Terry.
State v. Michael Tate, 2019-KK-1618 (La. 01/14/2020) [3 pp.]
From LSCR Volume 28, Issue 1
     Defendant was observed on Bourbon Street in New Orleans talking with a man who was rolling a substance in cigar paper. Believing the substance to be marij... view full summary
7.Defendant allowed to withdraw guilty plea because he was not properly advised of parole eligibility.
State v. Derek O'Keefe, 2019-KH-0608 (La. 01/14/2020) [4 pp.]
From LSCR Volume 28, Issue 1
     Pursuant to an agreement with the State, defendant pled guilty to forcible rape, La. R.S. Section 14:42.1. The district court sentenced him to 25 years in prison at ha... view full summary
8.District court ordered to act on habeas application.
State v. Lee Roy Jenkins, 2019-KH-01531 (La. 01/14/2020) [1 p.]
From LSCR Volume 28, Issue 1
     The Court issued an order after defendant contended that the district court failed to act on an application for post-conviction relief filed in March 2010. If that repr... view full summary
9.Court grants reconsideration of denial of supervisory writ, remands for suppression hearing.
State v. Albert Franklin, 2019-KK-01454 (La. 01/14/2020) [3 pp.]
From LSCR Volume 28, Issue 1
     Defendant moved to suppress his confession, and the district court denied the motion without holding an evidentiary hearing. The First Circuit denie... view full summary
10.District court ordered to act on more than eight-year-old claim for return of seized property.
State v. Adolphus Wilson, Sr., 2019-KH-00494 (La. 01/22/2020) [1 p.]
From LSCR Volume 28, Issue 1
     Defendant represented to the Court that on July 8, 2011, he filed with the Criminal District Court for the Parish of Orleans a claim for return of seized property under... view full summary
11.Court orders Second Circuit to act on indigent defendant's writ application.
State v. Rodney Lewis, 2019-KH-2021 (La. 01/22/2020) [1 p.]
From LSCR Volume 28, Issue 1
     In April 2018 defendant submitted to the Second Circuit an application for supervisory writ of review and request for remand. When the court of appeal did not act on th... view full summary
12.Court applies 2017 Amendments to Habitual Offender Law.
State v. Terrel Belvin, 2019-K-0905 (La. 01/18/2020) [1 p.]
From LSCR Volume 28, Issue 1
     Defendant was convicted of second-degree battery in the beating of a French Quarter musician in 2014 that left the victim with severe brain injuri... view full summary
13.Court applies 2017 Amendments to Habitual Offender Law.
State v. Prince Record, 2019-K-0521 (La. 01/28/2020) [1 p.]
From LSCR Volume 28, Issue 1
     Like State v. Belvin, above, this case involved application of the amendments to Louisiana's Habitual Offender Law. In May 2017 defendant was convicted of simple escape... view full summary
14.Court remands for application of proper version of Habitual Offender Law.
State v. William Chester Farry, Jr., 2019-K-0566 (La. 01/28/2020) [1 p.]
From LSCR Volume 28, Issue 1
     This case also involved the issue of whether the 2017 Amendments to the Habitual Offender Law applied to defendant's sentence. In 2015 defendant was convicted ... view full summary
15.Evidence of defendant's viewing child pornography was relevant to charges of sex crimes involving a victim under the age of seventeen.
State v. Thomas Fife, 2019-KK-01833 (La. 01/28/2020) [2 pp.]
From LSCR Volume 28, Issue 1
     Defendant was charged with sex offense crimes involving a victim under the age of seventeen. The State sought to introduce evidence under La. Code Evid. ar... view full summary