| BAR / DISCIPLINARY / ETHICS
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| 1. | Court upholds mandatory retirement age for Louisiana judges.
Judge Janice Clark v. State of Louisiana, 2020-CD-00914 c/w Judge Harry Cantrell v. State of Louisiana, 2020-CD-0915 (La. 07/21/2020) [9 pp.]
From LSCR Volume 28, Issue 7
Louisiana Constitution art. V, Section 23(B) establishes age 70 as the mandatory retirement age for
Louisiana judges. The article states: "Except as otherwise provided in ... view full summary |
| 2. | Court waives 2020 bar examination.
Louisiana Supreme Court Announcement Regarding 2020 Bar Examination, Issued July 22, 2020.
From LSCR Volume 28, Issue 7
In light of the COVID-19 pandemic, and under the authority of La. Const. art. V, Section 1 and the
Court's inherent power, the Court or... view full summary |
| INSURANCE
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| 3. | One-year prescriptive period applies to Balance Billing Act claims by patients against healthcare providers.
Matthew DePhillips v. Hospital Service District No. 1 of Tangipahoa Parish, 2019-C-01496 (La. 07/09/2020) [24 pp.]
From LSCR Volume 28, Issue 7
Two different plaintiffs, Earnest Williams and Matthew DePhillips, filed actions individually
and on behalf of putative classes against Hospital District No. 1 of Tangipah... view full summary |
| DOMESTIC RELATIONS
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| 4. | Father was entitled to credit for paying children's health insurance premiums.
State v. Kirk Redmann, 2020-CJ-00338 (La. 07/31/2020) [6 pp.]
From LSCR Volume 28, Issue 7
Defendant and his first wife were parties to a consent judgment in which defendant agreed
to pay 54% of certain expenses of their children, including premiums... view full summary |
| CRIMINAL
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| 5. | Court of appeal erred in sua sponte changing sentence that was the result of a plea agreement.
State v. Malik Lawson, 2020-K-00032 (La. 07/02/2020) [3 pp.]
From LSCR Volume 28, Issue 7
Defendant pleaded guilty to illegal carrying of a weapon under La. R.S. Section 14:95.1 and resisting
an officer under Section 14:108 but reserved his right to seek app... view full summary |
| 6. | Court remands for determination of whether jury verdict was unanimous.
State v. Dermaine Norman, 2020-K-00109 (La. 07/02/2020) [4 pp.]
From LSCR Volume 28, Issue 7
In Ramos v. Louisiana, 140 S. Ct. 1390 (2020), the United States Supreme Court ruled that
the Sixth Amendment, incorporated against the states by way of the ... view full summary |
| 7. | Court orders court of appeal to act on defendant's writ application.
State v. Todd Vincent Edwards, 2019-KH-01660 (La. 07/07/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Defendant represented that the Third Circuit had not acted timely on an application for
supervisory writs filed in January 2019. The Court granted reconsid... view full summary |
| 8. | Court allows post-conviction claim of ineffective counsel at sentencing.
State v. Derrick Harris, 2018-KH-01012 (La. 07/09/2020) [33 pp.]
From LSCR Volume 28, Issue 7
In October 2008 an undercover officer working with the Vermillion Parish Sheriff's Office
asked a person on an Abbeville street where he could purchase marijuana. That ... view full summary |
| 9. | Warrantless blood alcohol test justified by exigent circumstances.
State v. Jason Michael, 2019-KK-01273 (La. 07/09/2020) [9 pp.]
From LSCR Volume 28, Issue 7
In June 2016 defendant drove his truck into a smaller vehicle on Highway 44 in Ascension
Parish and fled the scene of the accident. Police found him a few ... view full summary |
| 10. | Defendant not entitled to post-conviction relief based on erroneous jury instructions.
State v. Robert Ricard, Jr., 2019-KH-00073 (La. 07/09/2020) [12 pp.]
From LSCR Volume 28, Issue 7
Defendant was indicted with two counts of aggravated rape of his 12-year-old niece, KM,
whom he regularly babysat in exchange for lodging in his sister's home. Afte... view full summary |
| 11. | Court remands pro se application for post-conviction relief after court of appeal's denial on hyper-technical grounds.
State v. Joe Litton Bailey, 2019-KH-1337 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Louisiana Code Crim. Proc. art. 926 sets forth pleading requirements for applications for
post-conviction relief. Here, the district court denied defendant'... view full summary |
| 12. | Venue for prisoner's claim was proper in 19th JDC.
State v. Donald G. Brooks, 2019-CI-1669 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
This case involved a disagreement as to whether venue was proper in the First Judicial
District Court or the Nineteenth Judicial District Court. L... view full summary |
| 13. | Court orders district court to consider defendant's motion to correct illegal sentence.
State v. William Scott, 2019-KH-1651 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Defendant represented that the district court had not acted timely on his 2016 motion to
correct illegal sentence under Miller v. Alabama, 557 U.S. 460 (2012... view full summary |