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Showing results for LSCR volume 28 LSCR issue 4
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CIVIL PROCEDURE

1.Clerk of court could not effectively shorten prescriptive period by turning off fax machine at close of office hours.
Jacob Stevenson v. Progressive Security Insurance Co., 2019-C-00637 (La. 04/03/2020)[16 pp.]
From LSCR Volume 28, Issue 4
     Plaintiffs alleged they were injured in a car accident on December 13, 2016. On December 13, 2017, their counsel attempted to fax file a petition for damages with the T... view full summary
EVIDENCE

2.Court reinstates district court's ruling excluding expert testimony regarding injury causation.
George Blair v. Mary Coney, 2019-C-00795 (La. 04/03/2020) [20 pp.]
From LSCR Volume 28, Issue 4
     Plaintiff filed suit alleging he was injured as a result of a 2013 automobile accident. He alleged that while stopped in his vehicle at a traffic signal,... view full summary
MEDICAL MALPRACTICE

3.Failure to pay filing fee as to one defendant did not nullify medical review panel request as to all.
Neville Kirt v. Rebecca C. Metzinger, M.D., 2019-C-01162 (La. 04/03/2020) [16 pp.]
From LSCR Volume 28, Issue 4
     Elaine Kirt died on September 28, 2010, due to complications that she developed shortly after undergoing eye surgery. On September 23, 2011, her sons filed a... view full summary
JUVENILE

4.Court declares exception to juvenile court jurisdiction unconstitutional.
State in the Interest of D.T., 2019-KA-01445 (La. 04/03/2020) [12 pp.]
From LSCR Volume 28, Issue 4
     DT was arrested after a shooting incident in June 2019, when he was 16 years old. The juvenile court found probable cause for the charge of aggravated b... view full summary
CRIMINAL

5.Evidence of victim's character and prior bad acts was not admissible.
State v. Clifford Williams, 2019-K-00490 (La. 04/03/2020) [9 pp.]
From LSCR Volume 28, Issue 4
     Defendant was convicted of second degree murder for the 2013 shooting death of 15-year- old Ralphmon Green. Green was struck by bullets four times, and defendant continued ... view full summary
6.Court finds Miranda warning sufficient, siding against federal Fifth Circuit in split.
State v. Tre King, 2019-KK-01332 (La. 04/03/2020) [14 pp.]
From LSCR Volume 28, Issue 4
     Officers smelled marijuana during a traffic stop of defendant and determined he had outstanding warrants for his arrest. They placed him in handcuf... view full summary