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CONSTITUTIONAL LAW

1.Governor's COVID-19 orders limiting gatherings were unconstitutional as applied to church pastor.
State v. Mark Anthony Spell, 2021-KK-00876 (La. 05/13/2022) [29 pp.]
From LSCR Volume 30, Issue 5
     In this criminal case, defendant is the pastor of a Louisiana church. On March 31, 2020, he received six misdemeanor citations for violating executive orders JBE 2020-3... view full summary
MEDICAL MALPRACTICE

2.Defendants entitled to dismissal based on prescription where plaintiff failed to put evidence into record.
Medical Review Panel for Claim of Richard Bush, 2021-C-00954 (La. 05/13/2022) [11 pp.]
From LSCR Volume 30, Issue 5
     On November 21, 2017, Richard Bush presented to Saint Bernard Parish Hospital for depression and suicidal ideations. He was treated and discharged. ... view full summary
CRIMINAL

3.District court abused discretion in denying joint motion to continue trial.
State v. Cortez Watson, 2022-KK-00719 (La. 05/01/2022) [5 pp.]
From LSCR Volume 30, Issue 5
     Ten days before trial, the State and defendant filed a joint motion to continue. The district court denied the motion. The Court granted a supervisory writ and vacated ... view full summary
4.Defendant could be sentenced to life without parole eligibility for aggravated rape even though he committed some rapes while under the age of eighteen.
State v. Pernell Antonio Washington, 2022-K-00258 (La. 05/03/2022) [2 pp.]
From LSCR Volume 30, Issue 5
     Defendant was charged with aggravated rape under La. R.S. Section 14:42(A)(4) (victim under the age of 13) and third-degree rape under La. R.S. Section 14:43(A)(4). The... view full summary
5.Court vacates attorney's contempt conviction.
State in the Interest of Stavros Panagoulopoulos, 2022-KK-00559 (May 3, 2022) [3 pp.]
From LSCR Volume 30, Issue 5
     Attorney Stavros Panagoulopoulos was found guilty of contempt of court in Orleans Parish Criminal District Court under La. Code Crim. Proc. art. 21(1) & (5) when he... view full summary
6.Defendant not entitled to withdraw guilty plea based on subsequent unanimous jury requirement.
State v. Chrystal Clues-Alexander, 2021-KK-00831 (La. 05/13/2022) [10 pp.]
From LSCR Volume 30, Issue 5
     Defendant was indicted for the second-degree murder of her husband. She made two motions to declare unconstitutional former La. Code. Crim. Proc. a... view full summary