LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1068 through 1080
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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STATE AND LOCAL GOVERNMENT

1.Louisiana Code of Civil Procedure applies to motions for summary judgment filed in Ethics Advisory Board administrative proceedings.
Board of Ethics in the Matter of Jordan Monsour, 2017-C-1274 (La. 05/01/18) [5 pp.]
From LSCR Volume 26, Issue 5
     The Louisiana Board of Ethics (LBE) filed formal charges against respondents, Walter Monsour and Jordan Monsour. Respondents filed motions for summary judgment ... view full summary
CRIMINAL

2.District judge recused based on relationship with widow of victim.
State v. Kevin Dale Daigle, 2018-KD-0634 (La. 04/30/18) [2 pp.]
From LSCR Volume 26, Issue 5
     Defendant was charged in the 14th JDC with first degree murder resulting from the 2015 shooting death of Louisiana State Trooper Steven Vincent. Amon... view full summary
3.Court grants evidentiary hearing in habeas case alleging ineffective assistance based on failure to challenge faulty identifications.
State v. LeRoy Jackson, 2016-KP-1100 (La. 05/01/18) [11 pp.]
From LSCR Volume 26, Issue 5
     Defendant was found guilty of armed robbery and two counts of attempted armed robbery that occurred in 2009 and was sentenced to fifty years in prison as a second felony o... view full summary
4.Court reverses grant of evidentiary hearing in habeas case alleging ineffective assistance based on rejection of plea agreement.
State v. Dennis Johnson, 2017-KP-0514 (La. 05/11/18) [5 pp.]
From LSCR Volume 26, Issue 5
     In August 2015 defendant was offered a fifteen-year sentence as a second-felony habitual offender in exchange for a guilty plea. The offer was rejected through counsel. Si... view full summary
MEDICAL MALPRACITCE

5.Court affirms summary judgment for hospital, reverses summary judgment for doctor.
Jacqueline Brenner v. Dr. Ronald Lewis, 2018-C-295 (La. 04/27/18) [2 pp.]
From LSCR Volume 26, Issue 4
     On February 23, 2011, after experiencing two seizure-like episodes at her home, forty- seven-year-old Judith LeBlanc was seen by her primary care physician, Ron... view full summary
PROPERTY

6.Court recalls writ in case involving claimed servitude of passage.
Three Rivers Commons Condominium Assoc. v. Donna Grodner, 2017-C-0974 (La. 04/02/18) [3 pp.]
From LSCR Volume 26, Issue 4
     This case involved a dispute over an alleged servitude of passage. Three Rivers Island is located on the south side of the Diversion Canal in Livingston Pari... view full summary
CIVIL PROCEDURE

7.Court vacates discovery order requiring defendants to provide a specific interrogatory answer that would have been false.
Deon Danna v. The Ritz-Carlton Hotel Co., LLC, 2018-CC-0331 (La. 04/20/18) [2 pp.]
From LSCR Volume 26, Issue 4
     This case arose from plaintiff's termination as Director of Engineering at the Ritz Carlton Hotel in New Orleans. More than three years after filing his origina... view full summary
CRIMINAL

8.Court vacates sentence and remands for resentencing and retroactive application of more lenient penalty provisions.
State ex rel. Eugene Jarrow, 2015-KH-0265 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     Defendant, who was previously convicted and sentenced and had exhausted all state and federal habeas relief, sought the retroactive application of more... view full summary
9.Court reverses order for evidentiary hearing on post-conviction claim by defendant convicted of murdering his infant.
State v. Bertie Hicks, 2016-KP-2203 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     In 2006 defendant pled guilty to manslaughter in connection with the 2005 murder of his seven-week-old daughter. According to the pre-sentence report, defendant confessed ... view full summary
10.Court instructs district court to view recordings of seizure of evidence.
State v. Julian McConnell, 2018-KK-0131 (La. 04/02/18) [1 p.]
From LSCR Volume 26, Issue 4
     Police in Caddo Parish responded to a report of a domestic disturbance involving a firearm. While in the home, officers seized evidence from the bedroom floor and charged de... view full summary
11.Court vacates sentence in light of Montgomery/Miller.
State v. Phillip Schane, 2017-KP-0582 (La. 04/06/18) [2 pp.]
From LSCR Volume 26, Issue 4
     In 1980 defendant pled guilty to a second degree murder that he committed as a juvenile and was sentenced to life imprisonment without benefit of probation, par... view full summary
12.Defendant entitled to recordings and identities of confidential informants.
State v. Jermaine Dennis, 2017-KK-2029 (La. 04/06/18) [3 pp.]
From LSCR Volume 26, Issue 4
     Defendant sought from the State recordings of himself allegedly engaged in illegal drug transactions with confidential informants, to look for impeachment or e... view full summary
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