Archive of LSCR Articles
Showing results for LSCR volume 32 LSCR issue 6 | Jump to a direct Volume/Issue
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| CONSTITUTIONAL LAW
| | 1. | On rehearing, Court reverses course, vacates original opinion, holds that statute reviving prescribed claims for sexual abuse of minors does not violate constitution. Douglas Bienvenu v. Defendant, 2023-CC-01194 (La. 06/12/2024) [26 pp.] From LSCR Volume 32, Issue 6
In September 2018 plaintiffs filed suit against The Society of Roman Catholic Church, Diocese
of Lafayette, and St. Martin De Tours Catholic Church. Plaintiffs alleged,... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 2. | Court recuses two of three judges on court of appeal panel. Ramelli Janitorial Service, Inc. v. IV Waste, LLC, 2024-OC-00497 (La. 05/29/2024) [5 pp.] From LSCR Volume 32, Issue 6
In this Orleans Parish suit between two waste disposal rivals, a writ application was filed
with the Fourth Circuit. The matter was assigned to a three-judge panel that... view full summary | | 3. | Court reinstates denial of summary judgment for defendant judges in case alleging destruction of documents by law clerk. Stanley R. Palowsky, III v. Allyson Campbell, 2024-CC-00093 (La. 06/05/2024) [2 pp.] From LSCR Volume 32, Issue 6
Plaintiff filed suit against a law clerk employed by the Fourth Judicial District Court as well
as against certain judges of the court. Plaintiff alleged that in an earlie... view full summary | | 4. | Judge's knowledge of settlement offer did not warrant recusal. Peter Adams v. Entergy New Orleans, Inc., 2024-CC-00678 (La. 06/18/2024) [10 pp.] From LSCR Volume 32, Issue 6
Residents of a New Orleans neighborhood filed suit against Entergy New Orleans as a result
of a natural gas leak. A bench trial began on May 6, 2024, before Judge Nicol... view full summary | | CONTRACTS
| | 5. | Court enforces consent judgment establishing negligence of attorney despite peremption argument. Carmen Nicholas v. Terry Bonnie, 2023-CC-01250 (La. 05/31/2024) [7 pp.] From LSCR Volume 32, Issue 6
Attorney Terry Bonnie prepared a last will and testament for Laura Louise Nicholas on July
15, 2005. Nicholas purported to leave to her four children various property, ... view full summary | | CIVIL PROCEDURE
| | 6. | Court remands for reduction in $22 million attorney's fee award. Steve Crooks v. State of Louisiana, 2024-C-00432 (La. 06/25/2024) [4 pp.] From LSCR Volume 32, Issue 6
In 2015 the district court held a bench trial in this class action and rendered judgment for
the class. The district court recognized the class members as own... view full summary | | CRIMINAL
| | 7. | District court did not abuse discretion in denying evidentiary motion. State v. De'ondric Clarks, 2024-KK-00640 (La. 05/21/2024) [2 pp.] From LSCR Volume 32, Issue 6
Defendant, on trial for murder, filed a "reverse 404(B) motion" to allow evidence of his co-
defendant's arrest to show the co-defendant was the pers... view full summary | | 8. | Court orders court of appeal to act on defendant's application. State v. Isame Faciane, Jr., 2024-KH-0368 (La. 05/29/2024) [2 pp.] From LSCR Volume 32, Issue 6
The Court granted a supervisory writ in part. Defendant represented that the Third Circuit
had failed to act timely on a writ application filed in July 2023. The Court ... view full summary | | 9. | Court orders court of appeal to act on defendant's application. State v. Dwayne Demouchet, Sr., 2024-KH-0495 (La. 05/29/2024) [2 pp.] From LSCR Volume 32, Issue 6
Again the Court granted a supervisory writ in part in response to defendant's representation
that the Third Circuit failed to timely act on a writ application. Defe... view full summary | | 10. | Court reinstates conviction vacated by district court on purported error patent review. State v. Donald Ray Link, 2024-KD-00595 (La. 05/30/2024) [6 pp.] From LSCR Volume 32, Issue 6
In May 2022 the Court issued a supervisory writ to the 19th Judicial District Court, Parish of
East Baton Rouge, to address defendant's representation that the ... view full summary | | 11. | Court reinstates negligent homicide indictment for employee of electronic monitoring company. State v. Deborah Shirley, 2024-KK-00260 (La. 06/05/2024) [4 pp.] From LSCR Volume 32, Issue 6
Defendant was indicted for negligent homicide based on her criminal negligence. The State
alleged that Marshall Rayburn, while out on bond for raping his wife, Peggy Ra... view full summary | | 12. | Court reinstates negligent homicide indictment for owner of electronic monitoring company. State v. Van Hopkins, 2024-KK-00399 (La. 06/05/2024) [3 pp.] From LSCR Volume 32, Issue 6
In a related case, the owner of the electronic monitoring company also was indicted for
negligent homicide. The State alleged he was aware of the perimete... view full summary | | 13. | Court reinstates negligent homicide indictment for electronic monitoring company. State v. American Electronic Monitoring, LLC, 2024-KK-00403 (La. 06/05/2024) [3 pp.] From LSCR Volume 32, Issue 6
In a third related case, the State charged the electronic monitoring company with negligent
homicide. Again, defendant moved to quash the indictment, the district court... view full summary | | 14. | Court reverses grant of motion to suppress evidence. State v. Devin Tatum, 2024-KK-00466 (La. 06/25/24) [2 pp.] From LSCR Volume 32, Issue 6
Defendant filed a motion to suppress, which the district court denied. The Fifth Circuit
denied the State's writ application. The Court granted a super... view full summary | | 15. | Court allows State to introduce defendant's statements about shooting witness. State v. Cleveland Joseph Ely, 2024-KK-00494 (La. 06/25/2024) [2 pp.] From LSCR Volume 32, Issue 6
Defendant was charged with second-degree murder and illegal use of weapons or dangerous
instrumentalities. The State filed a motion in limine seeking to intro... view full summary |
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