Archive of LSCR Articles
Showing results for LSCR volume 14 LSCR issue 4 | Jump to a direct Volume/Issue
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| CRIMINAL
| | 1. | Probable cause to arrest on any charge allows police to search the defendant completely, regardless of the offense for which he is arrested, and regardless of probable cause to search; establishing controlling precedent.
State v. Sherman, 05-K-0779 (La. 4/4/06) [18 pp.]
From LSCR Volume 14, Issue 4 Defendant appeals his conviction of possession with intent to distribute. Police were on a narcotics interdiction patrol on Lincoln Road in ... view full summary | | 2. | Contractor guilty of misapplication of funds.
State v. Jack S. Spears, 05-K-0964 (La. 4/4/06)
Defendant appeals his conviction of misapplication of construction funds. The Kirkhams were engaged
in a chicken raising operation. They contracted with defendant Spears's construction company to build
From LSCR Volume 14, Issue 4 must exclude every reasonable hypothesis of innocence." The essential elements of S 14:202 are: (1) the existence of a contract to construct... view full summary | | CONTRACTS
| | 3. | Client's refusal to execute a settlement does not entitle lawyer to a contingent fee.
Culpepper & Carroll, PLLC v. Cole, 05-C-1136 (La. 4/4/06) [6 pp.]
From LSCR Volume 14, Issue 4 Plaintiff law firm filed this suit to recover attorney's fees. Defendant Cole retained attorney Culpepper of the firm of Culpepper & Carroll... view full summary | | INSURANCE
| | 4. | Self-insured city not liable for penalties for failure to pay insurance claims.
Pumphrey v. City of New Orleans, 05-C-0979 (La. 4/4/06) [17 pp.]
From LSCR Volume 14, Issue 4 Plaintiffs filed individual suits seeking penalties and attorney's fees for nonpayment and/or untimely payment of insurance benefits, which ... view full summary | | CIVIL PROCEDURE
| | 5. | Notice of tax sale must be given to all co-owners, or the sale is void.
Gabriel Lewis, Jr. v. Succession of Matthew Johnson, 05-C-1192 (La. 4/4/06) [22 pp.]
From LSCR Volume 14, Issue 4 In June, 1994, the Sheriff of the Parish of St. Landry ("sheriff") sold a 13-acre property to plaintiff Lewis. At the time of the sale, four... view full summary | | 6. | Party may not intentionally enroll counsel that would force recusal.
Disaster Restoration Dry Cleaning v. Pellerin Laundry Machinery Sales Co., 05-CC-0715 (La. 4/17/06) [17 pp.]
From LSCR Volume 14, Issue 4 On October 25, 2001, Pellerin and Disaster entered into a contract where Pellerin agreed to design a dry cleaning plant and supply the plant... view full summary | | STATE AND LOCAL GOVERNMENT
| | 7. | Use taxes applicable to property used in interstate commerce; "taxable moment" doctrine construed; overruling controlling precedent.
Word of Life Christian Center v. West, 04-C-1484 (La. 4/17/06) [33 pp.]
From LSCR Volume 14, Issue 4 Taxpayer the Word of Life Christian Center, Inc. ("Word of Life") is a nonprofit corporation located in Ascension Parish. In 1997, Word of L... view full summary | | 8. | Governmental subdivisions may not contract away their taxing powers.
Hudson v. Bossier City, 05-C-0351c/w 05-C-0352 (La. 4/17/06) [25 pp.]
From LSCR Volume 14, Issue 4 Plaintiffs filed this suit to invalidate revenue-sharing agreements entered into by governmental entities in Bossier Parish. The 1991 Louisi... view full summary |
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