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Showing results for LSCR volume 28 LSCR issue 7
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BAR / DISCIPLINARY / ETHICS

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

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

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

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