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Showing results for LSCR volume 29 LSCR issue 10
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CIVIL PROCEDURE

1.Court remands for consideration of issues court of appeal declined to address.
Christian Schools, Inc. d/b/a John Curtis Christian School v. Louisiana High School Athletic Association, 2021-C-00686 (La. 10/05/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     Plaintiff sued the Louisiana High School Athletic Association (LHSAA), LHSAA executive director Eddie Bonine, and LHSAA employee Buster John Guzzardo, Jr., al... view full summary
2.Court rules panhandler's challenge to Lafayette ordinance is moot, vacates ruling of unconstitutionality.
Anthony W. Willis v. Mark T. Garber, 2021-KD-00634 (La. 10/12/2021) [4 pp.]
From LSCR Volume 29, Issue 10
     Plaintiff was arrested and charged with criminal mischief for violating Lafayette Consolidated Ordinance Section 62-32(a)(7) as a result of panhandlin... view full summary
3.Issues of material fact precluded summary judgment in breach of contract case.
Bianchini-Frey, LLC v. Fred Charles Frey, IV, Ph.D., 2021-CC-00724 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     The parties in this case were psychologists and former business partners. Plaintiffs, Bianchini-Frey, LLC and Keven Bianchini, Ph.D., alleged that de... view full summary
4.Court of appeal erred in ruling on existence of duty when summary judgment was inappropriate.
Morgan City Land and Fur Company, LLC v. Tennessee Gas Pipeline Co., LLC, 2021-C-00704 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     This dispute concerns four right-of-way agreements for the dredging of canals and the construction and operation of pipelines on the east bank of ... view full summary
PROPERTY

5.Summary judgment not warranted as to whether subdivision restrictions had been abandoned.
Charles A. Rivault v. America Homeland, LLC, 2021-C-00708 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     Defendant purchased six lots in Baton Rouge's Audubon Terrace Subdivision from James and Catherine Olinde. The Olindes had previously engaged in litigation regarding th... view full summary
DOMESTIC RELATIONS

6.Court orders court of appeal to address validity of separate property agreement.
Tami Jerrie Turnley v. Joseph Chad Turnley, 2021-OC-00779 (La. 10/01/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     Two days before they married, Joseph and Tami Turnley signed a "Declaration of Separate Property with Reservation of Fruits and Revenues with Concurrence and ... view full summary
7.Former husband had right of action to seek partition of former community property.
William P. Dering v. Kay W. Dering, 2021-C-00691 (La. 10/01/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     William and Kay Dering divorced in 1981 and agreed to a community property partition. As for the former family home in Lake Charles, their agreement provided ... view full summary
CRIMINAL

8.Court orders court of appeal to address writ application.
State v. Ivan Monceaux, 2021-KH-1295 (La. 10/01/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     In this case the Court transferred defendant's application for supervisory writs to the Third Circuit with instructions to act on the application, which defendant had s... view full summary
9.Court orders court of appeal to address writ application.
State v. Jemarcus O'Brian Stewart, 2021-KH-0545 (La. 10/05/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     Defendant indicated that he had filed an application for supervisory writs with the Third Circuit in January 2021. The Court stated that if defendant's represent... view full summary
10.Court orders district court to provide redacted jury polling slips.
State v. Jonathan Coleman, 2021-KK-00874 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
     In this matter as well as State v. Christopher Gage, 2021-KK-00875 (La. 10/12/2021), the Court granted supervisory writs in part and issued identical orders d... view full summary
11.SCOTUS decision remanding for Ramos consideration did not vacate defendant's convictions.
State v. Reginald H. Jones, 2021-KK-01465 (La. 10/14/2021) [4 pp.]
From LSCR Volume 29, Issue 10
     Defendant was convicted of aggravated assault with a firearm, possession of a firearm by a convicted felon, and obstruction of justice. He was sentenced to 20 years of ... view full summary
12.Expert's failure to interview victim did not render testimony inadmissible.
State v. Anthony J. Tipton, 2021-KK-01478 (La. 10/16/2021) [3 pp.]
From LSCR Volume 29, Issue 10
     At a pretrial hearing in this prosecution for sexual offenses against a child, the State sought to introduce the testimony of an expert as to general characteristics th... view full summary