Archive of LSCR Articles

Showing results for LSCR volume 9 LSCR issue 12
Jump to a direct Volume/Issue
TORTS

1.Person is not "handicapped" merely because his injury limits his work activities.
Delaney v. City of Alexandria, 01-CC-1076 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Plaintiff injured his shoulder on the job while working for the City of Alexandria as a pump maintenance foreman. After surgery and one year... view full summary
2.Summary judgment for defense in parking lot rape case.
Goins v. Wal-Mart, 01-CC-1136 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 12
          Mother filed suit on behalf of her minor daughter to recover damages after daughter was abducted from Wal-Mart's parking lot and raped. On t... view full summary
CONTRACTS

3.Forum selection clause in admiralty contract invalid.
Sawicki v. K/S Stavanger Prince, 01-C-0528 (La. 12/7/01) [13 pp.]
From LSCR Volume 9, Issue 12
          Plaintiff seaman filed suit in a Louisiana district court against his employer for damages he suffered while working on board ship. Plaintif... view full summary
CIVIL PROCEDURE

4.Court of appeal may not modify judgment in the absence of appeal or answer to appeal.
Walker v. Clarendon Nat. Ins. Co., 01-C-2338 (La. 12/14/01) [2 pp.]
From LSCR Volume 9, Issue 12
          Plaintiff filed suit for UM coverage and was granted a "declaratory" summary judgment that the UM limits were $500,000.00. Defendant appeale... view full summary
DOMESTIC RELATIONS

5.Court may not force the Department of Corrections to pay for private care of juvenile not in the Department's custody.
State in the Interest of T.A., 00-CK-2560 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Juvenile court sentenced defendant to probation conditional upon, inter alia, defendant's participation in a youth Impact Program run by the... view full summary
6.Child support arrearage enforceable by contempt.
Fink v. Bryant, 01-CC-0987 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Mother was awarded judgment against father for monthly child support, retroactive to the date of demand, resulting in an arrearage of $4,885... view full summary
7.Parental rights terminated for failure to make progress in parenting skills classes.
State in Interest of SNW, et al. v. Mitchell, 01-CJ-2128 (La. 11/28/01) [16 pp.]
From LSCR Volume 9, Issue 12
          Defendant's parental rights to her six children were terminated after police were called to interrupt a violent episode involving defendant'... view full summary
CRIMINAL

8.Prosecutor held in contempt of court.
In re: Lionel "Lon" Burns, 01-KK-1080 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 12
          Defendant, a New Orleans assistant district attorney, was lead prosecutor in the third trial of George Lee, a former New Orleans police offi... view full summary
9.Evidence of prior bad act held harmless error.
State v. Grey, 00-K-1507 (La. 12/7/01) [6 pp.]
From LSCR Volume 9, Issue 12
          Defendant was convicted of second-degree murder of her roommate. In an effort to destroy defendant's credibility, the state sought to show t... view full summary
10.Defendant prohibited from impeaching victim with her statements about prior drug use.
State v. Jackson, 00-K-1573 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Defendant was convicted of rape. During trial, the victim admitted under cross-examination that she had used marijuana on prior occasions, a... view full summary
11.Non-English-speaking, nonindigent defendant entitled to court- appointed translator.
State v. Lopez, 01-KK-1383 (La. 12/7/01) [8 pp.]
From LSCR Volume 9, Issue 12
          Defendant, a citizen of Brazil whose native language is Portuguese, was charged with forcible rape. Defense counsel moved for a court-appoin... view full summary
12.Failure to assert insanity defense not ineffective assistance.
State v. Roman, 00-K-1705 (La. 12/7/01) [7 pp]
From LSCR Volume 9, Issue 12
          Defendant was convicted of threatening his neighbors with a gun. Defendant filed a motion for new trial on the ground that defense counsel h... view full summary
13.Suspect's flight justifies investigatory stop.
State v. McDaniels, 01-K-0305 (La. 12/7/01) [2 pp.]
From LSCR Volume 9, Issue 12
          Defendant was orally accosted by police officers and reacted by attempting to flee. When he was caught, he spat three bags of marijuana from... view full summary
14.Police forcible entry must occur within a reasonable time after a knock-and-announce.
State v. Williams, 01-KK-0732 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 12
          Defendant moved to suppress drugs seized pursuant to search warrant. Police knocked on defendant's door and announced themselves at 5:00 a.m... view full summary
15.Method of allotment of cases invalid.
State v. Rideau, 01-KK-3146 (La. 11/29/01) [2 pp.]
From LSCR Volume 9, Issue 12
          The capital cases in the 14t hJ.D.C. were allotted using a lottery in which a judge's name was drawn randomly and allotted the case, and the... view full summary