Archive of LSCR Articles

Showing results for LSCR volume 32 LSCR issue 6
Jump to a direct Volume/Issue
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