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Showing results for LSCR volume 28 LSCR issue 10
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BAR / DISCIPLINARY / ETHICS

1.Court reverses fee award and affirms injunction in favor of attorney who was pushed into courthouse wall by another attorney.
Cindy Williams v. Norman S. Haley, 2020-C-00858 (La. 10/20/2020) [4 pp.]
From LSCR Volume 28, Issue 10
     Plaintiff and defendant are both attorneys. In August 2018 they were present in the district court for a hearing. Plaintiff was representing defendant's wife i... view full summary
CIVIL PROCEDURE

2.Medical records subject to privilege should be examined in camera before production.
Gary C. Bertrand v. Glenn J. Patrick, 2020-CC-0687 c/w 2020-CC-0689 (La. 09/29/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     In this automobile accident case, plaintiffs sought the production of defendant Glenn Patrick's medical records from Acadian Ambulance Company. Patrick objec... view full summary
3.Court reverses recusal because motion was untimely.
Colby Girard v. Coca-Cola Bottling Company, 2020-CC-1060 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     The Court granted a supervisory writ and, in this very brief per curiam, reversed a judgment recusing Judge Marilyn Castle of the 15th Judicial District Court. The moti... view full summary
4.District court did not abuse discretion in excluding witness listed in pre-trial order by dismissed defendant.
Robert Tassin v. State Farm Mutual Automobile Ins. Co., 2020-C-00652 (La. 10/14/2020) [6 pp.]
From LSCR Volume 28, Issue 10
     Plaintiff filed suit against Raymond Hebert and his insurer alleging personal injury damages from a car accident caused by Hebert's failure to yield at a traffic signal... view full summary
5.Summary judgment was inappropriate in auto accident case where two disputed versions of the facts were presented.
Lydia Amos v. K-Jon, Inc., 2020-CC-0750 (La. 10/20/2020) [3 pp.]
From LSCR Volume 28, Issue 10
     In this auto accident case, plaintiff moved for partial summary judgment on the ground that she was free from fault. The district court granted the motion. The Third Ci... view full summary
PROPERTY

6.Court remands property dispute for application of laws for possessory and petitory actions.
David Millaud v. Ellen Moore, 2020-C-00867 (La. 10/14/2020) [3 pp.]
From LSCR Volume 28, Issue 10
     Plaintiff filed a petition for possession of immoveable property and for injunctive relief and damages, claiming that when he purchased a house and piece of ... view full summary
STATE AND LOCAL GOVERNMENT

7.Court reinstates Civil Service Board's decision terminating assistant fire chief.
Frederick N. Meiners, III v. St. Tammany Parish Fire Protection District No. 4, 2020-CC-00491 (La. 10/20/2020) [17 pp.]
From LSCR Volume 28, Issue 10
     Plaintiff was employed as the Assistant Fire Chief by St. Tammany Parish Fire Protection District No. 4 (the District). On February 19, 2016, he told Fire Chi... view full summary
TAXATION

8.Ash was byproduct of electricity production for purposes of 2016 amendment to tax law.
Calcasieu Parish School Board Sales & Use Tax Dept. v. Nelson Industrial Steam Co., 2020-C-00724 (La. 10/20/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     Defendant produces electricity by burning petcoke to create steam that turns turbines to generate electricity for its own use and for resale. The steam gene... view full summary
9.Court reinstates Tax Commission's decision as to fair market value of gas and saltwater disposal wells.
D90 Energy, LLC v. Jefferson Davis Board of Review, 2020-C-00200 (La. 10/20/2020) [15 pp.]
From LSCR Volume 28, Issue 10
     In October 2012, plaintiff purchased two gas wells and one saltwater disposal well, all of which were subject to ad valorem property taxes in Jefferson Davis Parish... view full summary
CONSTITUTIONAL LAW

10.Statute requiring sex offender to carry branded identification card violated First Amendment.
State v. Tazin Ardell Hill, 2020-KA-00323 (La. 10/20/2020) [30 pp.]
From LSCR Volume 28, Issue 10
     Among the comprehensive registration and notification requirements imposed on sex offenders in Louisiana is that they carry an identification card br... view full summary
CRIMINAL

11.Case remanded to determine whether defendant has capacity to understand death penalty imposed against him.
State v. Isaiah Doyle, 2015-KA-01592 (La. 09/29/2020) [3 pp.]
From LSCR Volume 28, Issue 10
     In 2011 defendant was convicted of the 2005 first-degree murder of Hwa Lee, who was shot by defendant while she was working at her parents' convenience store in Marrero... view full summary
12.Non-unanimous conviction remanded in light of Ramos.
State v. James Matthew Cole, 2019-K-01733 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, 140 S. Ct. 1390 (2020). In Ramos, the U.S. Supreme Court granted a writ of certiora... view full summary
13.Non-unanimous conviction remanded in light of Ramos.
State v. Breyiana Brown, 2020-K-0442 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     As in the case above, defendant's non-unanimous convictions were not final when Ramos was decided, and the Court remanded for a new error patent review. The remand did... view full summary
14.Application for post-conviction relief remanded for evidentiary hearing.
State v. Alonzo T. Washington, 2020-KH-0252 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     Defendant, convicted of manslaughter under a guilty plea in Bossier Parish, filed an original and supplemental application for post-conviction relief. The distri... view full summary
15.District court erred in granting untimely application for post-conviction relief.
State v. Fabio Ferreira, 2019-KP-01929 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
     In 2009 defendant pleaded guilty to simple burglary of an inhabited building. He was a resident alien at the time. In 2018 he filed an applicati... view full summary
16.Counsel representing defendant at time of guilty plea could be subpoenaed to testify as to defendant's competency at that time.
State v. Benson O'Brien, III, 2020-KK-00477 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
     Defendant pled guilty to manslaughter for the 2012 strangulation death of his girlfriend, Bridgette Harveston. Represented by new counsel, he moved ... view full summary
17.Double jeopardy protected defendant from charge of illegal possession of stolen firearm.
State v. Donald P. Lemoine, 2020-K-00561 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
     Defendant was charged with possession of stolen things under La. R.S. Section 14:69. Among the stolen things were three gun-safes and their contents, including a specif... view full summary
18.Failure to specify whether fixed-term sentence includes mandatory firearms enhancement does not render sentence indeterminate.
State v. Jarvis Brown, 2019-KH-00771 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
     Defendant was convicted of three counts of armed robbery committed with a firearm and of misdemeanor possession of marijuana and access device fraud. Because the armed ... view full summary
19.Defendant entitled to be resentenced based on plea agreement.
State v. Jeffrey Peel, 2020-KH-00107 (La. 10/20/2020) [3 pp.]
From LSCR Volume 28, Issue 10
     Defendant was sentenced to a net term of 15 years in prison. He filed a motion seeking to be resentenced in accord with his plea agreement, and the district court denie... view full summary
20.District court properly suppressed evidence from warrantless search of defendant's vehicle.
State v. Calvin Smith, 2020-KK-00711 (La. 10/20/2020) [2 pp.]
From LSCR Volume 28, Issue 10
     Officers initiated a traffic-stop of defendant for illegally tinted windows. They ultimately arrested him and placed him in handcuffs. While defendant was ha... view full summary
21.Court reverses second-degree murder conviction based on improperly admitted testimony.
State v. Margaret Camaille Stockstill, 2019-K-01235 (La. 10/20/2020) [12 pp.]
From LSCR Volume 28, Issue 10
     In April 2017 defendant was part of an alcohol-fueled argument and physical fight at the home of her friend Kristin Copeland in Folsom. The fight involved defend... view full summary
22.District court properly quashed indictment for State's failure to timely commence new trial.
State v. Nicholas Revish, 2019-K-01732 (La. 10/20/2020) [11 pp.]
From LSCR Volume 28, Issue 10
     Defendant admitted he shot Latrell Davis and Jamond Rougeau in March 2012 when violence erupted from a dispute over cocaine, but he claimed he did so in self-defense. A... view full summary