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Showing results for LSCR volume 29 LSCR issue 1
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BAR/DISCIPLINARY/ETHICS

1.Former state senator disbarred after pleading guilty to felony.
In re: Wesley T. Bishop, 2020-B-1298 (La. 01/20/2021) [2 pp.]
From LSCR Volume 29, Issue 1
     Attorney and former State Senator Wesley Bishop pleaded guilty to making false statements to a federal agency, a felony violation of 18 U.S.C. Section 1001(a)(3). Accor... view full summary


2.Court retroactively suspends judge who committed misdemeanor crimes at bachelor party.
In re: F. Stanton Hardee, III, 2020-O-00747 (La. 01/27/2021) [12 pp.]
From LSCR Volume 29, Issue 1
     F. Stanton Hardee, III, was elected judge for the Kaplan City Court in Vermillion Parish and took office in 2015. He recently was reelected without opposition to a new ... view full summary
TORTS

3.DPSC and employee were immune from suit by prisoners injured during sandbagging efforts.
Norman McQuirter v. State of Louisiana, 2020-C-01192 (La. 01/12/2021) [5 pp.]
From LSCR Volume 29, Issue 1
     In August 2016 Louisiana was impacted by flooding, and the governor declared a state of emergency. Inmates at Elayn Hunt Correctional Center were used in sandbagging ef... view full summary
4.Court reinstates jury verdict in mesothelioma case.
Jerry Bagwell v. Union Carbide Corp., 2020-C-01242 (La. 01/12/2021) [4 pp.]
From LSCR Volume 29, Issue 1
     The widow and son of Jerry Bagwell sued several defendants alleging that Bagwell's death was caused by his exposure to asbestos. The jury rendered a verdict for plainti... view full summary
MEDICAL MALPRACTICE

5.Collateral source rule precluded PCF from introducing evidence of payment of medical expenses by military healthcare system plan.
Michael Thomassie v. Amedisys LA Acquisitions, LLC, 2020-C-01229 (La. 01/20/2021) [3 pp.]
From LSCR Volume 29, Issue 1
     In January 2010 Michael Thomassie, a 62-year-old disabled Navy veteran, fell at his home and fractured his leg. While subsequently being provided skilled home nursing c... view full summary
SUCCESSIONS

6.Testament was invalid because attestation clause was not substantially similar to Civil Code language regarding signing on each page.
Succession of James Conway Liner, III, 2019-C-02011 (La. 01/27/2021) [22 pp.]
From LSCR Volume 29, Issue 1
     James Liner passed away in October 2018. He had executed a notarial testament in 2013 dividing his property equally among his three adult children, Conway, Jeffrey... view full summary
7.Attestation clause indicating testator had signed on each page was substantially similar to Civil Code requirement.
Succession of Peggy Blackwell Bruce, 2020-C-00239 (La. 01/27/2021) [11 pp.]
From LSCR Volume 29, Issue 1
     Peggy Bruce passed away in 2018. In 2016 she executed a notarial testament naming her niece as her sole legatee. Bruce's widower argued that the testament was invalid b... view full summary
CRIMINAL

8.Court vacates and remands for new habitual offender adjudication in light of possibly illegal sentence.
State v. Darren Jarvis, 2020-KH-00877 (La. 01/12/2021) [9 pp.]
From LSCR Volume 29, Issue 1
     Defendant was convicted of distribution of cocaine, adjudicated a third felony offender, and sentenced to life in prison in 1999. Act 403 of 2001 and Act 45 of 2002 pro... view full summary
9.Court vacates convictions resulting from courthouse scuffle.
State v. Hamilton William Bynog, 2020-KK-00754 (La. 01/20/2021) [2 pp.]
From LSCR Volume 29, Issue 1
     After a bench trial, defendant was convicted of one count of battery on a police officer and two counts of resisting arrest, arising from a 2017 incident at the Natchit... view full summary
10.Defendant not entitled to post-conviction relief based on failure to testify at trial.
State v. Terrence Ty'Rell Carvin, 2910-KP-02044 (La. 01/26/2021) [3 pp.]
From LSCR Volume 29, Issue 1
     In 2013 a jury convicted defendant of second-degree kidnapping and armed robbery. The First Circuit affirmed the convictions and sentences. Seeking post-convict... view full summary
11.Officer had reasonable suspicion to extend traffic stop for sniff by canine.
State v. Jay-Quan Carter, 2020-KK-01193 (La. 01/26/2021) [10 pp.]
From LSCR Volume 29, Issue 1
     At about 1:30 a.m. in the morning, Louisiana State Trooper Ryan Zimmerman was on patrol on I-12 in Tangipahoa Parish when he saw a motorist driving below the speed limi... view full summary
12.Conviction for racketeering was not crime of violence.
Jamal Washington v. State, 2019-KK-01792 (La. 01/27/2021) [8 pp.]
From LSCR Volume 29, Issue 1
     Defendant was indicted for racketeering, human trafficking, and conspiracy to commit human trafficking. The indictment alleged that he, his co-defendants, and... view full summary
13.Court vacates non-unanimous verdict convicting 16-year-old in death of her baby.
State v. Donasty Anwanique Cohen, 2019-K-00949 (La. 01/27/2021) [6 pp.]
From LSCR Volume 29, Issue 1
     Defendant, age 16, was charged with second-degree murder in the death of her 27-day-old son. The pathologist's report concluded that the cause of death was blunt f... view full summary