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Showing results for LSCR volume 34 LSCR issue 5
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BAR / DISCIPLINARY / ETHICS

1.Judge suspended for accepting $100 bill after signing judgment.
In re: Judge John C. Reeves, 2025-O-01587 (La. 05/01/2026) [10 pp.]
From LSCR Volume 34, Issue 5
     Respondent became a judge of the Seventh Judicial District Court, Parishes of Concordia and Catahoula, in January of 2015. An investigation arose after an ano... view full summary
2.Court revokes pro hac vice admission of Texas attorney.
Louis Haynes v. Omni Energy Transportation Corp., 2026-CC-00346 (La. 05/19/2026) [5 pp.]
From LSCR Volume 34, Issue 5
     In 2023 the district court admitted Texas attorney Joel Brent Goudarzi and the law firm of Goudarzi & Young LLP on a pro hac vice basis to join in the representatio... view full summary
CIVIL PROCEDURE

3.Court allows supplementation of writ application and remands to court of appeal.
Mary Hotard Becnel v. Camilo K. Salas, III, 2026-CC-00203 (La. 05/12/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Defendant filed a motion to recuse, which the district court denied. Defendant then filed a writ application with the Fifth Circuit seeking review of the denial. He inc... view full summary
4.Court of appeal lacked jurisdiction to consider partial final judgment on liability in remediation case.
WMH Farms, LLC v. Apache Corporation, 2026-C-00223 (La. 05/19/2026) [9 pp.]
From LSCR Volume 34, Issue 5
     In this oilfield remediation action under La. R.S. 30:29, the district court declared that environmental damage existed on plaintiff's property and tha... view full summary
5.District court did not abuse discretion in denying leave to amend answer.
Johnnie Mae Thompson v. Louisiana State University Health Science Center-Shreveport, 2026-CC-00276 (La. 05/19/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     Defendant moved to amend its answer to add an affirmative defense more than three years after the start of litigation. The district court denied the motion. ... view full summary
6.Court of appeal should have allowed briefing and possible argument before rendering decision.
Angelle Rose Swain v. Fleetwash, Inc., 2026-CC-00333 (La. 05/19/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Plaintiff in this tort claim sued several defendants, including Fleetwash, Inc., which was insured by a Navigators Insurance Company policy. Plaintiff and N... view full summary
7.District court abused discretion in dismissing claims as discovery contempt sanction.
Kelly Burkenstock, M.D. v. Certain Underwriters at Lloyd's, London, 2026-C-00311 (La. 05/27/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     Plaintiff owned a home in Mandeville that she leased to a family. She filed suit against her property insurer to recover for damage to the home as a result of a toilet ... view full summary
8.Court reinstates dismissed appeal and remands.
Darlene Bradford Green v. Acadian Ambulance Service, Inc., 2026-OC-00350 (La. 05/27/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Appearing as the succession representative of Hazel Bradford, plaintiff filed a petition against defendant, an ambulance company, in April 2019. Plai... view full summary
9.District court properly granted mandamus relief to cancel recordation of notice of lis pendens.
MOF-Preservation of Affordability v. Chelsey Richard Napoleon, 2026-C-00352 (La. 05/27/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     A notice of lis pendens was filed in the Orleans Parish mortgage and conveyance records in connection with a suit for damages and specific performance of a lease of imm... view full summary
TORTS

10.Defendants deployed for emergency recovery activities were entitled to summary judgment immunity from auto injury suit.
Tyler Bowman v. Devin M. Williams, 2026-C-00187 (La. 04/28/2026) [7 pp.]
From LSCR Volume 34, Issue 5
     After being deployed to Louisiana to assist with emergency response efforts in the wake of Hurricane Ida, members of the Arkansas National Guard were returning to Ar... view full summary
11.Court adjusts percentages of fault in railway crossing accident.
Theopholia Thomas v. BNSF Railway Company, 2025-C-01197 (La. 05/01/2026) [20 pp.]
From LSCR Volume 34, Issue 5
     Plaintiff was driving a garbage truck in Baldwin when one of the truck's tires became stuck in a "hole" between railroad tracks at a crossing. By the time p... view full summary
MEDICAL MALPRACTICE

12.Issue of gross negligence in medical malpractice case was for trier of fact.
Wanda Stevens v. CLHG-Oakdale, LLC, 2026-C-00078 (La. 04/28/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Because her arm was sore for a month after receiving a COVID-19 booster shot, Wanda Stevens went to Oakdale Community Hospital and was seen as a new patie... view full summary
PROPERTY

13.District court did not err in denying hearing in case involving 2013 remediation plan.
Noretta Thomas v. A. Wilbert & Sons, Inc., LLC, 2025-CC-01530 (La. 04/28/2026) [6 pp.]
From LSCR Volume 34, Issue 5
     Plaintiffs filed suit against Dow Chemical Company alleging it caused elevated levels of chemicals identified in the Upper Plaquemines Aquifer. In 2013 the ... view full summary
SUCCESSIONS

14.Where couple had separate property regime, wife owed reimbursement to husband's estate.
Bruce A. O'Krepki v. Penelope Brodtmann O'Krepki, 2025-C-00551 (La. 05/01/2026) [26 pp.]
From LSCR Volume 34, Issue 5
     Before Richard and Penelope (Penny) O'Krepki married in 1990, they entered in an agreement establishing a separate property regime. They did not have ch... view full summary
CRIMINAL

15.Defendant was entitled to bail.
State v. Ethan Joseph Trahan, 2026-KK-00396 (La. 04/22/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Defendant, accused in the hit-and-run death of a teenager in Allen Parish, sought bail, and the district court denied the request. The Third Circuit denied de... view full summary
16.Court remands for new hearing on motion for less restrictive probation conditions.
State v. Miguel Lopez, 2026-KK-00179 (La. 04/28/2026) [4 pp.]
From LSCR Volume 34, Issue 5
     At issue was whether defendant, committed after being found not guilty by reason of insanity, was entitled to modification to less restrictive probation co... view full summary
17.Court orders bail set at no more than $100,000 for defendant awaiting new trial.
State v. Keith Ezidore, 2026-KK-00520 (La. 04/28/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     This brief opinion concerned the bail amount of a defendant in custody awaiting a new trial after his decades-old conviction for second-degree murder was overturned. Se... view full summary
18.Court orders district court to act on motion.
State v. George Triplett, 2026-KH-00218 (La. 04/28/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Defendant represented that the district court failed to act timely on a motion to supplement his application for post-conviction relief filed in July 2017. The Court gr... view full summary
19.Court orders court of appeal to act on writ application.
State v. Braylen Leday, 2026-KH-00341 (La. 04/28/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     Defendant represented that the Third Circuit failed to act timely on a supervisory writ application filed in May 2025. The Court granted a writ o... view full summary
20.Statute prohibiting court from ordering payment of expert fees from public defender funds was unconstitutional.
State v. Maya Jones, 2025-KA-00896 (La. 05/01/2026) [41 pp.]
From LSCR Volume 34, Issue 5
     A grand jury indicted defendant, along with a co-defendant, for first-degree murder and obstruction of justice, stemming from the death of defendant... view full summary
21.Court reinstates second-degree murder convictions of brothers in drive-by shooting.
State v. Donald Briggs, III, c/w State v. Stefan Jermaine Briggs, 2025-K-00529 (La. 05/01/2026) [21 pp.]
From LSCR Volume 34, Issue 5
     A jury unanimously convicted defendants Donald and Stefan Briggs, who are brothers, of second-degree murder in the 2022 drive-by shooting and death of Jazaylon ... view full summary
22.Court allows expert testimony about electronic monitoring systems.
State v. Van Hopkins, 2026-KK-00167 (La. 05/07/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     The State presented Matt Dennis as an expert in the field of electronic monitoring systems, and the district court denied Dennis's testimony. The First Cir... view full summary
23.Court reverses order prohibiting discussion of mandatory minimums during voir dire.
State v. Michael Barnes, 2026-KK-00242 (La. 05/12/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     The district court ruled on motions in limine that it would not allow any reference to mandatory minimum sentences during voir dire. The Fourth C... view full summary
24.On rehearing Court allows victim character evidence.
State v. Ted Breaux, 2026-KD-00309 (La. 05/14/2026) [2 pp.]
From LSCR Volume 34, Issue 5
     The State moved to exclude victim character evidence under La. Code Evid. art. 404(A)(2)(a). The district court denied the motion. It concluded that ... view full summary


25.Defendant's ineffective assistance claim fell short on appeal.
State v. Dalston Mosley, 2025-K-01214 (La. 05/19/2026) [4 pp.]
From LSCR Volume 34, Issue 5
     Defendant was convicted of attempted second-degree murder for stabbing and killing Ashley Green while they used methamphetamines together. On appeal he asserte... view full summary
CRIMINAL

26.Court finds seizure illegal and reverses denial of motion to suppress.
State v. Charlie Tenner, 2026-KK-00109 (La. 05/19/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     Defendant filed a motion to suppress evidence against him. This included evidence discovered when his backpack fell from his shoulder as a result of being gr... view full summary
27.Court refuses to consider writ of habeas corpus where defendant did not show lower courts had considered it.
State v. Gregory Searls, Jr., 2026-KH-00392 (La. 05/19/2026) [3 pp.]
From LSCR Volume 34, Issue 5
     The Court granted a supervisory writ in part in this criminal matter, which involved a writ of habeas corpus and a motion to quash by defendant. As for the writ of habe... view full summary
28.Court reverses denial of expungement and remands.
State v. George Lewis, 2026-KK-00382 (La. 05/27/2026) [6 pp.]
From LSCR Volume 34, Issue 5
     Defendant moved for expungement of his record under La. Code Crim. Proc. arts. 978 and 989 because ten years had passed since his release from prison. The d... view full summary