Archive of LSCR Articles

Showing results for LSCR volume 24 LSCR issue 1
Jump to a direct Volume/Issue
CONSTITUTIONAL LAW

1.Constitutional amendment purporting to ban convicted felons from public office was null and void.
Derrick Shepherd v. Thomas Schedler, 2015-CA-1750 (La. 01/27/16) [34 pp.]
From LSCR Volume 24, Issue 1

          In 1997 Senator Max Malone introduced a bill seeking to add a paragraph to La. Const. art. I, Section 10 to prohibit unpardoned convic... view full summary
INSURANCE

2.Sledge Jeansonne Act could not be applied retroactively to conduct occurring before its effective date, even if guilty plea post-dated effective date.
State v. Lynn Foret, M.D., 2015-C-1298 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1

          In April 2013 defendant, an orthopedic surgeon, pled guilty in federal court to one count of health care fraud for criminal acts that ... view full summary
WORKERS' COMPENSATION

3.OWC Administrative Rule could not establish prescriptive period for bringing claim.
Calvin Arrant v. Wayne Acree PLS, Inc., 2015-C-0905 (La. 01/27/16) [20 pp.]
From LSCR Volume 24, Issue 1

          In June 2012 claimant suffered injuries when an eighteen-wheeler ran a red light and struck the vehicle that he was driving in the cou... view full summary
JUVENILE

4.Third parties could petition for appointment of counsel to bring petition for termination of parental rights.
State in the Interest of KCC, 2015-CJ-1429 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1

          On March 1, 2013, TT gave birth to a baby boy, KCC. At the time, his biological father, MM, had doubts about whether he was KCC's fath... view full summary
CRIMINAL

5.State could introduce evidence of defendant's prior guilty pleas to weapons possession charges.
State v. Jake Hamilton, 2015-KK-1810 (La. 01/08/16) [6 pp.]
From LSCR Volume 24, Issue 1

          Defendant was alleged to have assaulted the victim with a handgun after breaking into the victim's apartment. No handgun was found on ... view full summary
6.Photograph of defendant using offensive gesture should not have been excluded under Code of Evid. art. 403.
State v. Devin Waterhouse, 2015-KK-2301 (La. 01/15/2016) [4 pp.]
From LSCR Volume 24, Issue 1

          Defendant was charged with the second degree murder of Kiran Harris. The State alleged that defendant and Harris belonge... view full summary
7.Case allotment system of Orleans Parish Criminal District Court did not violate defendants' due process rights.
State v. Erik Nunez c/w State v. Brandon Licciardi, 2015-KK-1473 c/w State v. Tyrone Brown, 2015-KK- 1486 (La. 01/27/16) [29 pp.]
From LSCR Volume 24, Issue 1

          Defendants in these consolidated cases challenged the constitutionality of the case allotment procedure in Orleans Parish C... view full summary
8.Admission of expert's letter as to results of victim's IQ test violated Confrontation Clause and hearsay rules, requiring new trial.
State v. Vernon Mullins, 2014-K-2260 c/w 2014-KO-2310 (La. 01/27/16) [18 pp.]
From LSCR Volume 24, Issue 1

          Defendant was indicted for aggravated rape in violation of La. R.S. Section 14:42. The statute provides that aggravated rape includes ... view full summary