| CIVIL PROCEDURE
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| 1. | District court was obligated to grant legislative continuance of hearing.
Donna King Michelli v. Cleve Dunn, Jr., 2023-CD-00584 (La. 05/02/2023) [4 pp.]
From LSCR Volume 31, Issue 5
Neighbors of defendant, an East Baton Rouge councilman, filed suit against him to resolve a
property dispute. Defendant was represented by State Representative ... view full summary |
| 2. | Court reverses summary judgment for defendants based on untimely notice to plaintiffs.
Maria Mickens Green v. East Carroll Parish School District, 2023-C-00466 (La. 05/23/2023) [2 pp.]
From LSCR Volume 31, Issue 5
Plaintiff is the mother of a child with a disability that requires him to use a wheelchair. She
filed suit against her child's school district alleging she was inju... view full summary |
| EVIDENCE
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| 3. | Court of appeal erred in excluding evidence of plaintiff's gun ownership.
Shalmon Stennis v. Lowe's Homes Centers, LLC, 2023-CC-00514 (La. 05/02/2023) [5 pp.]
From LSCR Volume 31, Issue 5
Plaintiff filed suit against Lowe's and its employee, R.D. Morris, as a result of Morris's alleged
battery of plaintiff at the store. Defendants sought ... view full summary |
| TORTS
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| 4. | Assistant DA shielded by absolute prosecutorial immunity from crime victim's misconduct claims.
Gabrielle Jameson v. Warren L. Montgomery, 2022-CC-01784 (La. 05/05/2023) [33 pp.]
From LSCR Volume 31, Issue 5
Jeremy Ryan Schake was charged in St. Tammany Parish with one count of felony carnal
knowledge of a juvenile stemming from the allegation he coer... view full summary |
| 5. | Court clarifies evidentiary standard in claims for compensation for wrongful conviction.
Wilbert Jones v. State of Louisiana, 2022-C-01455 (La. 05/05/2023) [11 pp.]
From LSCR Volume 31, Issue 5
Plaintiff filed this suit for compensation under Louisiana's Wrongful Conviction
Compensation Statute, La. R.S. 15:572.8. In 1972, at the age of 19, he wa... view full summary |
| MEDICAL MALPRACTICE
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| 6. | Medical review panel opinion subject to mandatory admission unless panel exceeded authority.
Lucia Valenzuela v. Dr. Farnaz Almas Danj, 2023-CC-00198 (La. 05/16/2023) [2 pp.]
From LSCR Volume 31, Issue 5
In this medical malpractice case, plaintiffs moved to exclude the medical review panel's
opinion based on evidence that one or more of the panel ... view full summary |
| DOMESTIC RELATIONS
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| 7. | Court reinstates classification of property as separate based on husband's uncorroborated testimony.
James Middleton Huger v. Stephanie Goliwas Huger, 2023-C-00117 (La. 05/16/2023) [3 pp.]
From LSCR Volume 31, Issue 5
Plaintiff and defendant were married in 1994. Four children, now adults, were born of the
marriage. Plaintiff was gifted and/or inherited certain assets before and during ... view full summary |
| CRIMINAL
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| 8. | Defendant entitled to post-conviction relief because counsel provided ineffective assistance at habitual offender sentencing.
State v. Charles Ray Thompson, 2022-KH-01391 (La. 05/02/2023) [14 pp.]
From LSCR Volume 31, Issue 5
In 2015 defendant was convicted of two counts of distribution of cocaine, possession with
intent to distribute cocaine, possession of Alprazolam, and possession... view full summary |
| 9. | Court reinstates district court's downward departure from mandatory minimum sentence for habitual offender.
State v. Emile Pierce, 2022-K-01743 (La. 05/02/2022) [4 pp.]
From LSCR Volume 31, Issue 5
In 2001 defendant was convicted of armed robbery and sentenced and adjudicated a third-
felony habitual offender. He received the statutorily mandated sentence ... view full summary |
| 10. | Defendant failed to show prejudice under Strickland where counsel didn't object to DA's secretary being on jury.
State v. Charles Chandler, 2022-KP-01506 (La. 05/05/2023) [15 pp.]
From LSCR Volume 31, Issue 5
A unanimous jury found defendant guilty of second-degree murder and possession of a
firearm by a convicted felon in connection with the 2013 shoot... view full summary |
| 11. | Ramos does not apply where conviction is final although sentence is not.
State v. Kyran Javon Vaughn, 2022-K-00214 (La. 05/05/2023) [15 pp.]
From LSCR Volume 31, Issue 5
In 2017 a jury convicted defendant of first-degree robbery and obstruction of justice by a
vote of 10-2. Defendant was adjudicated a second-felony offender on ... view full summary |
| 12. | Court agrees that trial evidence was insufficient to convict defendant.
State v. Marshall J. Alexander, Jr., 2022-K-01295 (La. 05/05/2023) [13 pp.]
From LSCR Volume 31, Issue 5
Scott Latiolais's body was found in a field in St. Martin Parish in 2002. He was killed by a
gunshot wound to the back. Defendant, Latiolais, Timothy Roberts, and seve... view full summary |
| 13. | Court applies Reddick to reverse court of appeal's grant of post-conviction relief.
State v. Terry M. Jackson, 2022-KP-0720 (La. 05/16/2023) [2 pp.]
From LSCR Volume 31, Issue 5
The district court here denied defendant's application for post-conviction relief. In an
unpublished ruling the Fourth Circuit granted a supervisory writ... view full summary |
| 14. | Application for post-conviction relief alleging Brady violations overcame procedural bar.
State v. Carol Noland Saltzman, 2022-KP-1329 (La. 05/23/2023) [4 pp.]
From LSCR Volume 31, Issue 5
Defendants filed applications for post-conviction relief, alleging several violations of Brady
v. Maryland, 373 U.S. 83 (1963). Because defendants' convictions and ... view full summary |