Archive of LSCR Articles
Showing results for LSCR volume 32 LSCR issue 12 | Jump to a direct Volume/Issue
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| TORTS
| | 1. | On rehearing Court reinstates $10.75M general damage award. Barber Brothers Contracting Company, LLC v. Capitol City Produce Company, LLC, 2023-C-00788 (La. 12/19/2024) [33 pp.] From LSCR Volume 32, Issue 12
In March 2018 Barber Brothers Contracting Company, LLC, was working on a Louisiana
DOTD project on the I-10 exits for LA-3188 in Laplace. The project requir... view full summary | | CIVIL PROCEDURE
| | 2. | Court remands suspensive appeal order in light of recent decision on bond amount. Frank Raborn v. Jeffrey R. Albea, M.D., 2024-CC-00712 (La. 12/27/2024) [2 pp.] From LSCR Volume 32, Issue 12
In this medical malpractice case, the district court issued a suspensive appeal order, and the
First Circuit denied supervisory writs. The Court granted a supervisory w... view full summary | | 3. | Appeal of denial of special motion to strike was not untimely. Amanda Jones v. Citizens for a New Louisiana, 2024-C-00945 (La. 12/27/2024) [8 pp.] From LSCR Volume 32, Issue 12
Plaintiff filed a defamation suit against defendants, who responded with special motions to
strike the petition under La. Code Civ. Proc. art. 971. Under art. 971(A), w... view full summary | | MEDICAL MALPRACTICE
| | 4. | Genuine issues of material fact precluded summary judgment in medical malpractice case. Charles Burns v. Baton Rouge General Medical Center, 2024-C-01013 (La. 12/11/2024) [2 pp.] From LSCR Volume 32, Issue 12
Enorris Jones was admitted to Baton Rouge General Medical Center on June 28, 2014, and
underwent oral and maxillofacial surgery for repair of a fractured jaw the follow... view full summary | | SUCCESSIONS
| | 5. | Notarial will with initials instead of signature on first two pages was absolutely null. Succession of John Wallace Frabbielle, 2024-CC-00091 (La. 12/13/2024) [22 pp.] From LSCR Volume 32, Issue 12
In 2008 John Wallace Frabbielle executed a three-page document purporting to be his last
will and testament. He bequeathed the disposable portion of his estate to his t... view full summary | | CRIMINAL
| | 6. | Motion to compel testimony not a nullity although signed by recused DA. State v. Derwin Walker, 2024-KK-01317 (La. 12/10/2024) [2 pp.] From LSCR Volume 32, Issue 12
In this criminal matter with multiple defendants, the St. John the Baptist District Attorney
filed a motion to recuse her office because one of the defendants was t... view full summary | | 7. | Court remands post-conviction claims for evidentiary hearing. State v. Quint Mire, 2024-KH-1148 (La. 12/11/2014) [2 pp.] From LSCR Volume 32, Issue 12
Defendant was convicted of second-degree murder and obstruction of justice in the death of
Julian Gajan. Defendant and Gajan were hunting deer in 2011 when defendant sh... view full summary | | 8. | Court orders court of appeal to act on pro se brief. State v. Eddie Richards, 2024-KH-1355 (La. 12/11/2024) [2 pp.] From LSCR Volume 32, Issue 12
Defendant represented that the Fifth Circuit had failed to act timely on a pro se appellate
brief he filed in September 2023. The Court granted a supervisory ... view full summary | | 9. | No abuse of discretion in removing juror who repeatedly appeared to be asleep. State v. Jaylon K. Brown, 2023-K-01715 (La. 12/13/2024) [22 pp.] From LSCR Volume 32, Issue 12
In December 2019 the St. Gabriel Police Department responded to a 911 call from Dararius
Evans, stating "Sneaks" had shot him. Officers found Evans's vehicl... view full summary | | 10. | On rehearing Court changes course and reinstates first-degree murder convictions and death sentence. State ex rel. Darrell J. Robinson v. Darrell Vannoy, 2021-KP-00812 (La. 12/13/2024) [79 pp.] From LSCR Volume 32, Issue 12
In 2001 a unanimous Rapides Parish jury convicted defendant of the first-degree murders of
Billy Lambert, Carol Hooper, Maureen Kelly, and Nicholas Kelly. The murders o... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 11. | Lawyer disbarred for improprieties as court of appeal law clerk. In re: Trina Trinhthi Chu, 2024-B-00479 (La. 12/12/2024) [17 pp.] From LSCR Volume 32, Issue 12
From February 1 to August 16, 2018, Trina Trinhthi Chu, an attorney licensed to practice law
in Louisiana, was employed by the Second Circuit as a law clerk for Judge Ha... view full summary | | CRIMINAL
| | 12. | State could introduce evidence of rape allegations against homicide defendant. State v. Beaux Cormier, 2024-KK-01010 (La. 12/27/2024) [2 pp.] From LSCR Volume 32, Issue 12
In this homicide prosecution, one of the alleged intended victims was also the complaining
witness in a pending rape case against defendant. Defendant ultimately was ac... view full summary |
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