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Showing results for LSCR volume 32 LSCR issue 9
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JUVENILE

1.Juvenile court should not have kept charges open after competency determination.
State v. CS, 2024-CK-00972 (La. 09/17/2024) [4 pp.]
From LSCR Volume 32, Issue 9
     In this case, a juvenile faced multiple delinquency charges. The district court conducted a contradictory hearing and determined the juvenile was incompetent with resp... view full summary
CRIMINAL

2.Court reinstates life sentence for multiple offender seeking post-conviction relief.
State v. Kyron Theophile, 2024-KP-00285 (La. 09/04/2024) [3 pp.]
From LSCR Volume 32, Issue 9
     In July 2016 defendant pleaded guilty to domestic abuse battery involving strangulation in exchange for a sentence of three years in prison. He twice failed to appear for ... view full summary
3.Court orders evidentiary hearing on motion to quash.
State v. Anthony Howells, 2024-KK-00978 (La. 09/13/2024) [2 pp.]
From LSCR Volume 32, Issue 9
     In a brief per curium with no detail, the court granted a supervisory writ in part and ordered the district court to conduct an evidentiary hearing on defendant's m... view full summary
4.Court orders court of appeal to rule on writ application.
State v. Craig Sullivan, 2024-KH-0852 (La. 09/24/2024) [2 pp.]
From LSCR Volume 32, Issue 9
     Defendant represented that the First Circuit failed to act timely on a supervisory writ application filed in July 2023. The Court granted a superv... view full summary
CONTRACTS

5.District court had jurisdiction to consider whether contract violated lobbying laws.
Advanced Benefit Concepts v. Blue Cross and Blue Shield of Alabama, 2023-CC-01291 (La. 09/06/2024) [35 pp.]
From LSCR Volume 32, Issue 9

          Plaintiff entered into an agreement with defendant Access Health, Inc. whereby plaintiff helped defendant identify, establish, and enter... view full summary
CIVIL PROCEDURE

6.Fax filing had no effect absent proof of timely delivery of original.
Shawn Noell Holiday v. Louisiana Office of Motor Vehicles, 2024-CC-00909 (La. 9/04/2024) [4 pp.]
From LSCR Volume 32, Issue 9

          Plaintiffs filed a class action petition against various state entities, including the Louisiana Attorney General. The AG filed an excep... view full summary
TORTS

7.Court remands premises liability case for reconsideration in light of recent jurisprudence.
Juanita Augman v. Grambling State University, 2023-CC-01557 (09/04/2024) [3 pp.]
From LSCR Volume 32, Issue 9
This case arises from the shooting death of plaintiff???s son at Grambling State University. Grambling filed a motion for summary judgment, which the district court denied. The Second Circuit denied ... view full summary
8.District court had jurisdiction over former prisoner???s action for damages from over-detention.
Keith Bryant v. State of Louisiana, 2024-CC-00692 (La. 09/04/2024) [2 pp.]
From LSCR Volume 32, Issue 9
On April 16, 2017, plaintiff was arrested and charged with aggravated second-degree battery. He was unable to post bail and remained incarcerated through the criminal proceedings. He pled guilty on Ja... view full summary
SUCCESSIONS

9.Courts enforce no-contest clause after indirect attack on succession proceeding.
Succession of Bonny Babin Maloney, 2023-C-01447 c/w 2023-C-01452 (La. 09/06/2024) [10 pp.]
From LSCR Volume 32, Issue 9

          Bonny Babin Maloney and Robert Maloney, Sr., were married and had five children: Robert, Jr., Kurt, Craig, Julie, and Jeanie. Jeanie pre... view full summary