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Showing results for LSCR volume 29 LSCR issue 9
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CIVIL PROCEDURE

1.District court did not abuse its discretion in vacating partial summary judgment that was not final.
J. Benjamin Zapata v. Stephen Wayne Seal, 2020-CC-01148 (La. 09/30/2021) [16 pp.]
From LSCR Volume 29, Issue 9
     This case arose from an automobile accident in which Benjamin Zapata was rear-ended by Stephen Wayne Seal, who was driving a vehicle owned by Diversified Well ... view full summary
TORTS

2.Plaintiffs stated cause of action against DCFS for vicarious liability for acts of foster parent.
Jason Kunath v. Samantha Faye Gafford, 2020-CC-01266 (La. 09/30/2021) [15 pp.]
From LSCR Volume 29, Issue 9
     Grayson, the child at the center of this case, was born in February 2013 to a mother with a significant history of drug abuse. He was adjudicated a child in ... view full summary
PROPERTY

3.Person named on act of sale was equal co-owner of property although he did not contribute to purchase price.
Fairbanks Development v. Charles Woodrow Johnson, 2020-C-01031 (La. 09/30/2021) [28 pp.]
From LSCR Volume 29, Issue 9
     Jessica Petersen and Charles Johnson met as teenagers and eventually started living together while Peterson attended college. Although Johnson worked as a mechanic, the... view full summary
DOMESTIC RELATIONS

4.Substantial harm test applies to child custody disputes between unmarried, same-sex partners.
Billie Cook v. Sharon Sullivan, 2020-C-01471 (La. 09/30/2021) [13 pp.]
From LSCR Volume 29, Issue 9
     Sharon Sullivan and Billie Cook were same-sex partners who began cohabitating in 2002. After failed attempts at artificial insemination, Sharon conceived a child... view full summary
JUVENILE

5.District court lacked jurisdiction to impose restitution order after maximum one-year probationary period had expired.
State in the Interest of C.R., 2021-CK-01152 (La. 09/27/2021) [3 pp.]
From LSCR Volume 29, Issue 9
     On September 17, 2019, CR was adjudicated delinquent for committing negligent injuring under La. R.S. Section 14:39. The juvenile court imposed a sentence of six months... view full summary
CRIMINAL

6.After finding sentence should be set aside, court of appeal should have remanded for resentencing.
State v. Justin Patterson, 2020-K-00003 (La. 09/27/2021) [2 pp.]
From LSCR Volume 29, Issue 9
     Defendant was found guilty of manslaughter and possession of a firearm by a convicted felon as a result of a shooting in May 2013. He originally was sentenced ... view full summary
7.District court did not abuse discretion in granting motion to quash after State dismissed and reinstituted charges against defendant.
State v. Walter Johnson, 2020-K-00743 (La. 09/30/2021) [18 pp.]
From LSCR Volume 29, Issue 9
     The State alleged that defendant and four others held up an antique store in Gonzales at gunpoint. They were charged with four counts of armed robbery i... view full summary
8.Court reverses death sentences because defendant's waiver of counsel during penalty phase wasn't knowing and intelligent.
State v. David H. Brown, 2018-CC-01266 (La. 09/30/2021) [137 pp.]
From LSCR Volume 29, Issue 9
     An all-day barbeque and watch party for an LSU football game took place on November 3, 2012, outside the apartment of Costin Constantin and Adam Billiot at the Longuevi... view full summary