Archive of LSCR Articles

Showing results for LSCR volume 28 LSCR issue 11
Jump to a direct Volume/Issue
BAR /DISCIPLINARY / ETHICS

1.Court rejects application of "collectability rule" to legal malpractice claims.
Elaine Ewing v. Westport Insurance Corp., 2020-C-00339 (La. 11/19/2020) [22 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff was injured when her vehicle was hit by a vehicle driven by Marc Melancon on April 9, 2015. Plaintiff retained attorney Chuck Granger to represent her. Althou... view full summary
CONTRACTS

2.Court addresses res nova issue of effect of bankruptcy of one solidary obligor after settlement with another.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2020-C-00780 (La. 11/04/2020) [3 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff sued Tauren Exploration, Inc., Cubic Energy, Inc., EXCO USA Asset, LLC, and Wells Fargo Energy Capital, Inc., for failure to release a mineral lease when it s... view full summary
CIVIL PROCEDURE

3.Default judgment against defendant was improper.
Precept Credit Opportunities Fund, LP v. Terina Walker, 2020-CC-00818 (La. 11/18/2020) [4 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff sought confirmation of its tax sale title and ownership of defendant's home. Defendant was served with the petition in December 2018. The next mont... view full summary
4.Law firm was not entitled to dismissal of suit by former client on exception of no cause of action.
Dodson & Hooks, APLC v. The Louisiana Community Development Capital Fund, Inc. "CAPFUND," 2020-C-01002 (La. 11/24/2020) [3 pp.]
From LSCR Volume 28, Issue 11
     CAPFUND alleged that a law firm that had formerly represented it acted in "bad faith and/or with malice" in filing evidence of a claimed lien for attorney fe... view full summary
INSURANCE

5.Court reinstates ruling allowing plaintiff to use evidence of post-petition bad faith by insurer.
Diana Velez v. GEICO Casualty Co., 2020-CC-01309 (La. 11/12/2020) [1 p.]
From LSCR Volume 28, Issue 11
     This case included a bad faith claim against an insurer. The insurer filed a motion in limine seeking to suppress evidence of post-petition events related to the bad fa... view full summary
JUVENILE

6.Adjudication should not have been dismissed as untimely.
State in the Interest of M.P., 2020-CK-00567 (La. 11/04/2020) [2 pp.]
From LSCR Volume 28, Issue 11
     On December 17, 2018, the State filed a petition alleging MP committed aggravated battery. MP answered the petition on January 24, 2019, and entered a plea of not guilty.... view full summary
CRIMINAL

7.Defendant not entitled to quash indictment based on irregularity in makeup of grand jury.
State v. Donald Germany, 2020-K-00878 (La. 11/04/2020) [5 pp.]
From LSCR Volume 28, Issue 11
     In September 2016 defendant was indicted by an East Baton Rouge Parish grand jury for second-degree murder in the strangulation death of his wife. He moved to quash the... view full summary
8.Defendant's pre-Miranda statement was admissible based on public safety exception.
State v. Harold Alvin Campbell, 2020-KK-00934 (La. 11/10/2020) [5 pp.]
From LSCR Volume 28, Issue 11
     In May 2019 a child in Lake Charles called 911 and reported that her father had just shot her mother. When officers responded, they found defendant outside the residenc... view full summary
9.State could introduce evidence of subsequent similar crimes in domestic abuse battery case.
State v. George Cepriano, 2020-KK-01219 (La. 11/13/2020) [4 pp.]
From LSCR Volume 28, Issue 11
     Defendant was charged with simple burglary of an inhabited dwelling, violation of a protective order, and domestic abuse battery. The State moved to admit e... view full summary
10.Defendant not entitled to dismissal of charges based on failure to prove victim's age.
State v. Jerrit Montgomery, 2020-KK-00678 (La. 11/18/2020) [3 pp.]
From LSCR Volume 28, Issue 11
     In 2007 defendant pleaded guilty to sexual battery and indecent behavior with a juvenile. The factual basis indicated that the victim of the sexual battery was almost 12 ... view full summary
11.Defendant not entitled to unredacted police reports with witness information.
State v. David Patton, 2020-KK-01036 (La. 11/24/2020) [2 pp.]
From LSCR Volume 28, Issue 11
     Defendant was charged with second-degree murder and multiple counts of attempted second-degree murder resulting from a shootout. The State provided h... view full summary
12.Court remands non-unanimous conviction for new error patent review in light of Ramos.
State v. Roosevelt Ardison, 2019-K-1210 (La. 11/24/2020) [5 pp.]
From LSCR Volume 28, Issue 11
     Defendant was convicted by a jury of possession with intent to distribute cocaine and possession of a firearm by a convicted felon. The evidence ... view full summary
13.On motion to correct illegal sentence, Court remands for hearing on ineffective assistance.
State v. Cardell Demond Robinson, 2019-KP-01330 (La. 11/24/2020) [8 pp.]
From LSCR Volume 28, Issue 11
     In 2011 defendant was convicted of possession with intent to distribute marijuana and adjudicated a four-time habitual offender. He was given the t... view full summary