| CRIMINAL
|
| 1. | Inmate who had exhausted collateral review not entitled to Boykin transcript.
Joel Orellana v. 24th Judicial District Court, 2018-KK-1603 (La. 01/08/19) [2 pp.]
From LSCR Volume 27, Issue 1
After exhausting post-conviction relief, Joel Orellana filed suit against the 24th JDC, Parish of
Jefferson, seeking the production of his Boykin transcript. The district... view full summary |
| 2. | District court erred in granting mistrial based on discovery violation.
State v. Chastity Andrews, 2019-KK-0068 (La. 01/13/19) [3 pp.]
From LSCR Volume 27, Issue 1
During defendant's trial certain documents came to light for the first time, including
allegedly prior inconsistent statements by the victim. The district cour... view full summary |
| 3. | Court of appeal erred in ruling without reviewing transcript of ex parte proceedings protecting the identity of a witness.
State v. David Klein, 2018-KK-1611 (La. 01/14/19) [3 pp.]
From LSCR Volume 27, Issue 1
The district court granted the State's motion to protect the identity of a witness under La. Code of Crim. Proc. art. 729.7(A), which requires a prima facie showing that the... view full summary |
| 4. | State was entitled to admit evidence of prior crimes despite remoteness in time.
State v. Christopher Martin, 2018-KK-1722 (La. 01/28/19) [2 pp.]
From LSCR Volume 27, Issue 1
Defendant was charged with ten burglaries. The State sought to admit evidence of three prior
offenses ? an attempted burglary and two burglaries ? as probative ... view full summary |
| 5. | Statement made by defendant after invoking right to counsel should have been suppressed.
State v. Jose Lagos, 2018-KK-1724 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
Defendant filed a motion to suppress a statement he made to a detective on the basis that the
detective continued interrogating defendant after he had invoked his right... view full summary |
| 6. | Defendant entitled to evidentiary hearing on post-conviction application although it was filed after limitations period.
State v. Ashley Dietz, 2016-KP-1538 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
Defendant filed an application for post-conviction relief based on ineffective assistance of
counsel. The district court dismissed the application without ... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 7. | Former Assistant U.S. Attorney disbarred.
In re: Salvador R. Perricone, 2018-B-1233 (La. 12/05/18) [21 pp.]
From LSCR Volume 26, Issue 12
Respondent was admitted to practice law in Louisiana in 1979. He began employment at the
U.S. Attorney's Office for the Eastern District of Louisiana (USAO) in 1991 and a... view full summary |
| CIVIL PROCEDURE
|
| 8. | Genuine issues of material fact precluded summary judgment.
Jody Gaspard v. Marvin Hutson, 2018-CC-1424 (La. 12/03/18) [1 p.]
From LSCR Volume 26, Issue 12
Helena Chemical Company filed a motion for summary judgment, which the district court
denied. The First Circuit granted a supervisory writ and reversed. Without provi... view full summary |
| 9. | Court reinstates appeal after court of appeal dismissal on technicality.
Earnest Williams v. North Oaks Medical Center, 2018-C-1386 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
The district court entered judgment dismissing plaintiff's claims and also denied a motion
for new trial. When plaintiff appealed the dismissal of his claims, he inadverte... view full summary |
| TAXATION
|
| 10. | Taxpayers successfully challenge constitutionality of Act 109 and recover taxes paid under protest.
Ivan I. Smith v. Kimberly L. Robinson, Secretary of the Louisiana Dept. of Revenue, 2018-CA-0728 (La. 12/05/18) [22 pp.]
From LSCR Volume 26, Issue 12
Prior to 2015 a Louisiana taxpayer who derived income from another state and paid net
income taxes on that income in the other state received a full credit f... view full summary |
| DOMESTIC RELATIONS
|
| 11. | Representations made by husband in attorney disciplinary proceedings estopped him from seeking reimbursement from ex-wife on loan he obtained with her forged signature.
Elizabeth Webb v. Daniel Andrew Webb, 2018-C-0320 (La. 12/05/18) [30 pp.]
From LSCR Volume 26, Issue 12
In December 2011 defendant, an attorney, executed a loan for $250,000 that was secured
by a mortgage on his family home. It was undisputed that plaintiff, who was then... view full summary |
| 12. | Res judicata prevented ex-wife from recovering damages for domestic abuse in tort suit filed after consent judgment awarding spousal support.
Jo Schernbeck Hoddinott v. Reginald Kenning Hoddinott, III, 2018-C-1474 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
Jo and Reginald Hoddinott were married in 2001. In 2013 Reginald filed a petition for
divorce. In an amended reconventional demand, Jo sought a divorce pu... view full summary |