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Showing results for LSCR volume 32 LSCR issue 12
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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