| BAR / DISCIPLINARY / ETHICS
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| 1. | Court reverses sanction against attorney in interdiction proceeding.
In the Matter of the Interdiction of Garrett J. Claybourn, 2022-C-1280 (La. 11/16/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In February 2021 Francis Elizabeth Claybourn instituted this proceeding for the temporary
interdiction of her husband, 84-year-old Garrett J. Claybourn. Mrs. Claybourn ... view full summary |
| TORTS
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| 2. | Lower courts erred in increasing jury's award for past non-economic damages.
Bryan Arnold Richman, Jr. v. The Travelers Indemnity Co., 2022-C-01059 (La. 11/01/22) [2 pp.]
From LSCR Volume 30, Issue 11
This case arose from a car accident in Gonzales. Plaintiff was rear-ended by Shannon Rhodus
while stopped at a stop light. Rhodus was driving a Ford F-250 owned by his... view full summary |
| 3. | Plaintiff failed to meet his burden of showing homeowner's knowledge of electrical defect.
Otis Jones v. Whips Electric, LLC, 2022-CC-01035 (La. 11/22/2022) [8 pp.]
From LSCR Volume 30, Issue 11
In May 2017 Gregory Browne and his wife, while residing in Texas, purchased a home in New
Orleans. Browne hired Paradise Pools and Spas, Inc., to install a pool and Afr... view full summary |
| CIVIL PROCEDURE
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| 4. | Court assesses costs against State in mooted prisoner complaint.
Charles Butler v. Louisiana Department of Public Safety & Corrections, 2022-CI-0844 (La. 11/01/2022) [2 pp.]
From LSCR Volume 30, Issue 11
Plaintiff was a prisoner in the custody of defendant. In September 2020 he submitted a
request for an administrative remedy procedure (ARP) alleging the i... view full summary |
| 5. | Attorney general had right to intervene in suit alleging violation of Dual Officeholding and Dual Employment Law.
J. Schuyler Marvin v. Robert Berry, 2022-C-00969 (La. 11/01/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In July 2020 the Louisiana Attorney General notified Robert Berry of a complaint that he was
violating Louisiana's Dual Officeholding and Dual Employment Law, La. R.S. ... view full summary |
| 6. | Court clarifies application of lis pendens doctrine.
Saulsbury Industries, Inc. v. Cabot Corporation, 2022-C-01162 (La. 11/01/2022) [4 pp.]
From LSCR Volume 30, Issue 11
Cleco Power, LLC, and Cabot Corporation contracted with Saulsbury Industries, Inc., to be
the prime contractor on a project to construct and develop a 50-megawatt renew... view full summary |
| 7. | Debtors should proceed with challenge to default deficiency judgment through petition to annul, not appeal of judgment.
Home Bank, N.A. v. Golden LA Properties, LLC, 2022-C-01204 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In 2015 Golden LA Properties, LLC, executed a promissory note with a principal balance of
almost $3 million in favor of plaintiff. To secure the note, Golden signed a m... view full summary |
| 8. | Unserved defendant entitled to dismissal on abandonment despite acts as to other defendants.
Souleya Daoteuang v. Dr. Michael Cotugno, M.D., 2022-CC-01275 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
Plaintiff filed suit against Dr. Michael Cotugno and others in January 2016. Dr. Cotugno later
filed a motion to dismiss based on abandonment under La. Code Civ. Proc... view full summary |
| 9. | Court reverses denial of legislative continuance.
Jeremy Paul Ducote v. Carley Katherine Magette, 2022-CD-01649 (La. 11/10/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Louisiana R.S. Section 13:4163 provides grounds for a continuance in a civil or criminal matter by
an employee of the Louisiana legislature when that person's participa... view full summary |
| EVIDENCE
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| 10. | Excited utterance hearsay exception applied to entire 911 call recording.
State v. Montrell Lee, 2022-KK-01314 (La. 11/16/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Defendant was charged with two counts of second-degree rape of the victim DR. The crime
occurred outside DR's apartment in her car. DR required a translator to report t... view full summary |
| TAXATION
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| 11. | Court reverses grant of exception of no cause of action against property owner challenging 1992 tax assessment.
Esplanade Mall Realty Holdings, LLC v. Joseph P. Lopinto, 2022-C-00940 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In 1987 Esplanade Properties Corporation, a subsidiary of R.H. Macy & Co., Inc., purchased a
tract of land in Kenner (the Macy's Parcel). In January 1992 ... view full summary |
| CRIMINAL
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| 12. | Court grants post-conviction relief due to ineffective assistance at habitual offender sentencing.
State v. Kevin O'Brien Allen, 2022-KP-00508 (La. 11/01/2022) [7 pp.]
From LSCR Volume 30, Issue 11
In 2014 defendant was convicted of two counts of distribution of marijuana. He faced a
statutory sentencing range of between five and 30 years in prison a... view full summary |
| 13. | Court vacates judgment revoking probation.
State v. Shelby M. Ducote, 2022-KK-00837 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
The district court revoked defendant's probation on the grounds that he failed to stay away
from minors. In a brief per curiam, the Court granted a supervisory writ and... view full summary |
| 14. | State entitled to contradictory bail hearing.
State v. Jordan A. Mitchell, 2022-KK-01126 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
In this criminal matter, the State moved for a contradictory bail hearing under La. Code Crim. Proc. art. 313. The district court denied the motion on the basi... view full summary |
| 15. | Defendant entitled to dismissal of charges not timely prosecuted.
State v. Rochard Jones, 2022-KK-01358 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
Defendant was arrested on June 28, 2022, and appeared in magistrate court the next day on
11 charges. On August 29, the State filed a bill of information ac... view full summary |
| 16. | Court abandons doctrine of abatement ab initio.
State v. Kenneth James Gleason, 2021-K-01788 (La. 11/10/2022) [11 pp.]
From LSCR Volume 30, Issue 11
Defendant was unanimously convicted of the first-degree murder of Donald Smart and
sentenced to life in prison without the possibility of parole, probation, ... view full summary |
| 17. | Defendant not subject to mandatory life in prison as habitual offender.
State v. Joe Washington, 2022-KP-0239 (La. 11/16/2022) [3 pp.]
From LSCR Volume 30, Issue 11
After being convicted of simple burglary committed in 2010, defendant was sentenced under
the habitual offender law to mandatory life imprisonment at hard lab... view full summary |
| 18. | Court of appeal erred in finding errors patent regarding sentence.
State v. Kevin Gaines, 2022-K-00993 (La. 11/16/2022) [2 pp.]
From LSCR Volume 30, Issue 11
Defendant was charged with three counts of molestation of a juvenile under the age of 13 in
violation of La. R.S. Section 14:81.2(A) and (D)(1) and one count ... view full summary |