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Showing results for LSCR volume 33 LSCR issue 10
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BAR / DISCIPLINARY / ETHICS

1.Jefferson Parish judge suspended without pay.
In re: Judge Donald "Chick" Foret, 2025-O-00320 (La. 10/15/2025) [21 pp.]
From LSCR Volume 33, Issue 10
     This matter came before the Court on the recommendation of the Judiciary Commission of Louisiana that Judge Donald "Chick" Foret of the 24th Judicial ... view full summary
2.Orleans Parish judge suspended without pay.
In re: Judge Jennifer M. Medley, 2025-O-00879 (La. 10/24/2025) [27 pp.]
From LSCR Volume 33, Issue 10
     This matter came before the Court on the recommendation of the Judiciary Commission of Louisiana that Judge Jennifer Medley of Orleans Parish Civil District C... view full summary
CIVIL PROCEDURE

3.Fee award to prevailing plaintiffs in public records mandamus was abusively low.
William Alan Pesnell v. Ronnie Williams, Jr., 2025-C-00513 (La. 10/01/2025) [3 pp.]
From LSCR Volume 33, Issue 10
     In March 2025 plaintiffs made a demand on the mayor and clerk of the council of the City of Natchitoches for public records involving grants applied for and received... view full summary
4.Court vacates summary judgment for plaintiff.
Yourick Vidrine v. Progressive Paloverde Insurance Co., 2025-CC-00694 (La. 10/07/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In a brief per curiam with no factual or procedural detail, the Court granted a supervisory writ and vacated the district court's judgment granting plaintiff's ... view full summary
5.Corporate officer may file pleading to protect corporation from legal consequences.
ELA Group, Inc. v. Bradley Murchison Kelly & Shea, LLC, 2025-C-00526 (La. 10/14/2025) [5 pp.]
From LSCR Volume 33, Issue 10
     Plaintiff is a Shreveport commercial construction company. It filed a petition asserting a legal malpractice claim against defendant, a law firm. Plaintiff was not repr... view full summary
6.Court grants exception of improper venue.
David Powell v. Acadian Ambulance Service, Inc., 2025-CC-00825 (La. 10/22/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     Plaintiff filed suit on behalf of himself and others similarly situated, alleging defendant failed to properly safeguard his personal data. Plaintiff filed suit in Calc... view full summary
7.Statute requiring service within 90 days does not require fee payment within 90 days.
Lanelle Darouse v. P.J.'s Coffee of New Orleans, LLC, 2025-CC-00078 (La. 10/24/2025) [8 pp.]
From LSCR Volume 33, Issue 10
     Code of Civil Procedure art. 1201(C) provides that "[s]ervice of the citation shall be requested on all named defendants within ninety days."... view full summary
8.District court could reconsider judgment pro confesso against incorrect garnishee.
First Pay, Inc. v. Elton Dukes, 2024-C-01565 (La. 10/24/2025) [11 pp.]
From LSCR Volume 33, Issue 10
     In 2017 plaintiff obtained a judgment against defendant in the amount of $32,873.04 on an initial debt of $12,535. The judgment remains unpaid and, considering interest... view full summary
CONTRACTS

9.Court reverses summary judgment in real estate purchase dispute.
Gulf Title Corporation v. Michael Thomas, 2025-C-00677 (La. 10/14/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In this real estate dispute, Gulf Title Corporation filed a petition for concursus, naming buyers and sellers as defendants. Gulf Title alleged that under ... view full summary
STATE AND LOCAL GOVERNMENT

10.Washington's Birthday must be excluded in computing notice required under Open Meetings Law.
John Callis v. Greater Alexandria Economic Development Authority, 2025-C-00630 (La. 10/01/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     On Friday, February 16, 2024, the Greater Alexandria Economic Development Authority (GAEDA) issued notice of a meeting of its board of directors o... view full summary
TORTS

11.FRSA did not preclude railway employee's negligence suit under FELA.
Sean Van Buren v. Kansas City Southern Railway Co., 2024-C-01564 (La. 10 25/2025) [14 pp.]
From LSCR Volume 33, Issue 10
     Plaintiff filed a petition for personal injuries against his employer, the Kansas City Southern Railway Company. Plaintiff alleged that while he was employed by defenda... view full summary
12.Court reverses and vacates $5 million product liability verdict.
Darlene Ward Pellecer v. Werner Co. a Corp. of Delaware, 2024-C-01492 (La. 10/24/2025) [16 pp.]
From LSCR Volume 33, Issue 10
     In November 2019 Carlos Pellecer worked as a handyman and was replacing an outdoor light at a home in New Orleans when he fell from an aluminum Werner extension ladder.... view full summary
PROPERTY

13.Court clarifies time limitations for actions to annul tax sales.
Belaire Development & Construction, LLC v. Succession of Theodore Shelton, Sr., 2025-C-00151 (La. 10/24/2025) [19 pp.]
From LSCR Volume 33, Issue 10
     The property at issue was located in St. Martin Parish and owned by Theodore Shelton, Sr., and Patricia Brooks Shelton. Dehlice Shelton became executrix of the estate o... view full summary
DOMESTIC RELATIONS

14.Court remands for hearing on motion to set aside judgment.
Donna M. Brown v. Thomas Ussin Brown, 2025-CC-00591 (La. 10/14/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In this domestic matter, plaintiff's petition for divorce was granted in 2009. The district court signed a consent judgment as to the partition of community propert... view full summary
INSURANCE

15.Court reverses dismissal of constitutional challenge to act retroactively prohibiting Orleans Parish criminal defendants from recovering excess bail bond premiums.
Jerome Morgan v. Blair's Bail Bonds, Inc., 2025-C-00695 (La. 10/14/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In 2017 the Southern Poverty Law center filed a complaint with the Louisiana Insurance Commissioner because Blair's Bail Bonds and others were charging... view full summary
CRIMINAL

16.Court remands for resentencing under more lenient sentencing provisions.
Anthony Robinson v. Darrel Vannoy, 2025-KH-0418 (La. 10/01/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In this criminal matter the district court imposed a life sentence under La. R.S. 15:529.1(A)(1)(b)(ii). Defendant moved to correct the sentence as illegal. ... view full summary
17.Court reverses judgment suppressing evidence.
State v. Jordan Crosby, 2025-KK-01251 (La. 10/07/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In this criminal matter the district court granted defendant's motion to suppress methamphetamine pills and his statement. The Fourth Circuit denied the ... view full summary
18.Court orders court of appeal to act on writ application.
State v. Todd Vincent Edwards, 2025-KH-00925 (La. 10/07/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     Defendant represented that the Third Circuit failed to act timely on a writ application filed in March 2024. The Court granted a supervisory writ in part and ordered ... view full summary
19.Attorney General may represent State in post-conviction proceeding.
State v. Antoinette Frank, 2025-KD-00767 (La. 10/07/2025) [12 pp.]
From LSCR Volume 33, Issue 10
     In this death penalty case, defendant filed an application for post-conviction relief. On request of the Orleans Parish District Attorney, the Louisiana Att... view full summary
20.Defendant not entitled to release of bail obligation for failure to arraign within 30 days.
State v. Jamir Williams, 2025-KK-00575 (La. 10/14/2025) [3 pp.]
From LSCR Volume 33, Issue 10
     When defendant was not arraigned within 30 days of his indictment, he filed a motion to release his bail obligation. The district court granted the motion. Th... view full summary
21.Court reinstates manslaughter conviction after court of appeal vacated conviction based on racially charged witness testimony.
State v. Garrett J. Ward, 2025-K-00633 (La. 10/14/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     In January 2018 defendant and his girlfriend attended a dinner party and then relocated to the Hot Tin bar atop the Pontchartrain Hotel on St. Charles Avenue in New Orl... view full summary
22.Odor of marijuana was sufficient basis for search warrant.
State v. Shane Clifford Reis, 2025-KK-01099 (La. 10/16/2025) [3 pp.]
From LSCR Volume 33, Issue 10
     A police officer walked through a residence with the permission of the owner and smelled marijuana. He then obtained a search warrant. The search led to defe... view full summary
23.Court reverses suppression of evidence from Bourbon Street Mardi Gras detention.
State v. Arial Valencia-Lacayo, 2025-KK-01296 (La. 10/18/2025) [3 pp.]
From LSCR Volume 33, Issue 10
     Two Louisiana State Troopers were patrolling the Bourbon Street area of the New Orleans French Quarter during Mardi Gras festivities as part of "Troop NOLA" whe... view full summary
24.Court remands to allow defendant to withdraw guilty plea based on misinformation about parole.
State v. Glen Livas, 2025-KH-00415 (La. 10/22/2025) [4 pp.]
From LSCR Volume 33, Issue 10
     Defendant, who was on parole after serving 33 years in prison, was charged with another crime and entered a guilty plea to a misdemeanor charge under a plea agreement t... view full summary
25.Court remands to allow defendant to withdraw guilty plea based on misinformation about sentence.
State v. David Williams, 2025-KK-00555 (La. 10/22/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     Defendant pled guilty under a plea agreement. The Court granted a supervisory writ and explained that the district court, prosecutor, and defense at... view full summary
26.Court orders district court to act on motion.
State v. Donald Ray Link, 2025-KH-01117 (La. 10/22/2025) [2 pp.]
From LSCR Volume 33, Issue 10
     Defendant represented that the district court failed to timely act on a motion he filed in February 2025. The Court granted a supervisory writ and ordere... view full summary
27.State has right to appeal resentences resulting from Montgomery hearings.
State v. Dale Dwayne Craig, 2025-OK-00024 (La. 10/24/2025) [16 pp.]
From LSCR Volume 33, Issue 10
     Defendant was convicted and sentenced to death in 1994 for the murder of Kipp Gullet. The Court affirmed his conviction and sentence on direct appeal. State v. Craig, 9... view full summary
28.Defendant not entitled to suppress evidence on basis that it was retrieved from cell phones more than 10 days after search warrant issued.
State v. Leonidas Lowery aka "Chico," 2024-KO-00697 (La. 10/24/2025) [7 pp.]
From LSCR Volume 33, Issue 10
     In 2017 a Jefferson Parish grand jury indicted defendant with the second-degree murder of Ethan Allen on November 29, 2016. Defendant moved to suppress eviden... view full summary