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Showing results for LSCR volume 32 LSCR issue 10
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BAR / DISCIPLINARY / ETHICS

1.Judge suspended for multiple violations of Code of Judicial Conduct.
In re Judge Vercell Fiffie, 2024-O-00976 (La. 10/25/2024) [27 pp.]
From LSCR Volume 32, Issue 10
     The Judiciary Commission of Louisiana began an investigation into actions by Judge Vercell Fiffie of the 40th Judicial District Court, Parish of St. John the Baptist, b... view full summary
2.DHH employee did not violate ethics statute.
Louisiana Board of Ethics in Matter of Michelle Barnett, 2024-C-00500 (La. 10/25/2024 ) [17 pp.]
From LSCR Volume 32, Issue 10
     The Louisiana Board of Ethics (LBE) conducted an investigation and issued charges against Michelle Barnett, an employee of the Louisiana Department of Health and Hospital... view full summary
CONSTITUTIONAL LAW

3.Court declares legislative continuances statute unconstitutional.
Theresa Fisher v. Steven Harter, Jr., 2024-CD-00359 (La. 10/25/2024) [29 pp.]
From LSCR Volume 32, Issue 10
     Louisiana R.S. 13:4163 grants peremptory grounds to members of the legislature and legislative employees to obtain continuances or extensions of court dates or d... view full summary
TORTS

4.Plaintiff carried her burden of proof on partial summary judgment regarding injury causation.
Courtney Jo Tully v. Alfredo Granillo, 2024-C-00794 (La. 10/15/2024) [2 pp.]
From LSCR Volume 32, Issue 10
     In April 2018 plaintiff was involved in an automobile accident with Alfredo Granillo. The vehicles sustained minor damage. Granillo was in the cours... view full summary
CIVIL PROCEDURE

5.Court of appeal erred in affirming on incomplete record.
Estate of Ernestine Knox v. Gregory Banks, 2024-C-00516 (La. 10/15/2024) [3 pp.]
From LSCR Volume 32, Issue 10
     In 2021 plaintiff, on behalf of the estate of her mother, Ernestine Knox, sued plaintiff's brother, Gregory Banks, for theft and conversion. Plaintiff... view full summary
6.District court erred in ruling on cross-motions for summary judgment without a hearing.
Thomas Hammons v. Joe Banks Drywall & Acoustics, 2024-CC-00791 (La. 10/15/2024) [2 pp.]
From LSCR Volume 32, Issue 10
     The parties in this case filed cross-motions for summary judgment. The district court ruled for defendants without conducting a contradictory hearing. Plaintiff... view full summary
7.Court orders defendant released from prison pending hearing on compliance with judgment.
William R. Forrester, Jr. v. Joshua Bruno, 2024-CC-01267 (La. 10/16/2024) [2 pp.]
From LSCR Volume 32, Issue 10
     This is a property dispute between neighbors. In 2016 plaintiffs filed suit against defendant, alleging that a new fence, air conditioning compressors, and pool pump he... view full summary
8.Court dismisses tort suit with prejudice because plaintiff used false identity.
Rafael Antonio Mena Chavez v. Metso Minerals Industries, Inc., 2023-CC-01029 (La. 10/25/2024) [34 pp.]
From LSCR Volume 32, Issue 10
     Plaintiff obtained employment with Southern Recycling using the name "Sergio Balboa" and an associated social security number that he had purchased. He also use... view full summary
9.Joint motion to continue trial was step in prosecution for purposes of abandonment.
Board of Supervisors of Louisiana State University v. Allen Bickham, 2023-CC-01364 (La.10/25/2024) [20 pp.]
From LSCR Volume 32, Issue 10
     In 2010 the Board of Supervisors of LSU filed this suit seeking to expropriate property in New Orleans to construct an academic medical center after its exist... view full summary
INSURANCE

10.Louisiana statutes prohibited use of arbitration clauses in insurance contracts.
Police Jury of Calcasieu Parish v. Indian Harbor Ins. Co., 2024-CQ-00449 (La. 10/25/2024) [20 pp.]
From LSCR Volume 32, Issue 10
     In 2020 hurricanes Laura and Delta made landfall near Lake Charles and allegedly caused damage to numerous properties owned by Calcasieu Parish. During the re... view full summary
11.Insurer not required to post suspensive appeal bond beyond its policy limits.
Huberto Martinez v. American Transport Group Risk Retention Group, Inc., 2023-CC-01716 (La. 10/25/2024) [13 pp.]
From LSCR Volume 32, Issue 10
     This case arose from an automobile accident in 2019. Shortly after a vehicle driven by Humberto Martinez slid off of I-49 in Shreveport due to ice on the ... view full summary
CRIMINAL

12.Court remands for evidentiary hearing on post-conviction application.
State v. Jesse Lee Silas, II, 2025-KH-00559 (10/01/2024) [3 pp.]
From LSCR Volume 32, Issue 10
     In 2021 defendant was found guilty of first-degree rape of a victim under the age of 13 and sentenced to life in prison without parole eligibility. The Second Circuit ... view full summary
13.Defendant could retain doctor who served on sanity commission.
State v. Carlos Washington, 2024-KK-00602 (La. 10/01/2024) [2 pp.]
From LSCR Volume 32, Issue 10
     In April 2021 a grand jury indicted defendant for second-degree murder, attempted second- degree murder, possession of a firearm by a convicted felon, and second-degree cr... view full summary
14.Court reverses court of appeal acquittal on conspiracy to commit second-degree murder.
State v. Carlos Anthony Toby, 2023-K-00722 (La. 10/25/2024) [8 pp.]
From LSCR Volume 32, Issue 10
     Brandon Broussard was shot and killed in his girlfriend's driveway in Lafayette shortly before midnight on October 13, 2018. Defendant had dated the gir... view full summary
15.Court reverses post-conviction relief by court of appeal on second-degree murder conviction.
Cheri Hayden v. Frederick Boutte, 2023-KP-00864 (La. 10/25/2024) [13 pp.]
From LSCR Volume 32, Issue 10
     In 2009 a unanimous jury found defendant guilty of second-degree murder. The victim died when she was run over by a truck in a grocery store parking lot in Marrero duri... view full summary
16.Court reduces sentence of man convicted of sexually abusing his five-year-old daughter.
State v. Frederick Curtis Mangrum, 2023-KO-01609 (La. 10/25/2024) [12 pp.]
From LSCR Volume 32, Issue 10
     In 2016 AJ was bathing her five-year-old granddaughter BJ when BJ revealed that defendant, who was BJ's father and AJ's son, had touched her genitalia inappropr... view full summary
JUVENILE

17.Court reaffirms non-delegable duty of DCFS to children in its custody.
Brittany Nicole Howe v. Samantha Gafford, 2023-C-01649 (La. 10/25/2024) [20 pp]
From LSCR Volume 32, Issue 10
While an infant in the legal custody of the Louisiana Department of Children and Family Services (DCFS) and the physical care of a foster parent, GK was grievously injured. His biologi... view full summary