LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1080 through 1092
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

1.District court's denial of post-conviction relief was supported by evidence at Atkins hearing, although experts had contrary opinions.
State v. Allen Robertson, Jr., 2016-KP-1742 (La. 04/06/18) [10 pp.]
From LSCR Volume 26, Issue 4
     Defendant was charged in 1991 with two counts of first degree murder, arising from the gruesome stabbing deaths of an elderly couple, Morris and Kaz... view full summary
2.Court reinstates district court's denial of post-conviction relief: defendant did not meet Strickland standard.
State v. Marcus Coleman, 2017-KP-0093 (La. 04/16/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of armed robbery in 2007 and sentenced to ninety-nine years in prison as a fourth felony offender. His conviction and sentence were affirmed. Defen... view full summary
3.Defendant not entitled to suppression of statements although she did not receive Miranda warning.
State v. Tyrone Washington, 2018-KK-0206 (La. 04/20/18) [1 p.]
From LSCR Volume 26, Issue 4
     Defendant made an incriminating statement to police as they arrived at the scene of a house fire. She later moved to suppress the statement on the basis that... view full summary
4.Court remands to determine whether State filed notice under recently amended article regarding Miller resentencing.
State ex rel. Coby Lester Harris, 2016-KH-1820 (La. 04/27/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of a second degree murder that he committed in 1977 as a juvenile and was sentenced to life in prison without benefit of parole, p... view full summary
BAR / DISCIPLINARY / ETHICS

5.Court suspends justice of the peace for stalking and harassing ex-wife.
In re: Justice of the Peace Jeff Sachse, 2017-O-2008 (La. 03/13/18) [18 pp.]
From LSCR Volume 26, Issue 3
     Respondent, who is not a lawyer, was elected to the office of justice of the peace for Livingston Parish Ward I in September 1996 and has serve... view full summary
STATE AND LOCAL GOVERNMENT

6.Paying MFP funds to New Type 2 charter schools is constitutional.
Iberville Parish School Board v. LA State Board of Elementary and Secondary Education, 2017-C-0257 c/w 2017-C-0633 c/w 2017-C-0634 (03/13/18) [30 pp.]
From LSCR Volume 26, Issue 3
     The Louisiana Constitution dictates that the Board of Elementary and Secondary Education (BESE) "annually develop and adopt a formula which shall be used to de... view full summary
TAXATION

7.Tax Commission correctly used income approach to assess value of low- income housing development, not assessor's market approach.
Errol G. Williams v. Opportunity Homes Ltd. Partnership, 2017-C-0955 (La. 03/13/18) [15 pp.]
From LSCR Volume 26, Issue 3
     Defendant is a "scattered-site, low-income affordable housing development" that consists of thirty-two residential buildings in New Orleans. The properties are co... view full summary
JUVENILE

8.Ninety-day period to commence adjudication was suspended by period during which competency was challenged and determined.
State in the Interest of R.M., 2017-CK-0281 (La. 03/13/18) [7 pp.]
From LSCR Volume 26, Issue 3
     On November 13, 2015, the State filed a petition alleging that RM committed the felony- grade delinquent act of possession with intent to distribut... view full summary
CRIMINAL

9.On remand from SCOTUS, the Court again rules that court of appeal properly reinstated triple murder convictions in 1995 Kim Anh restaurant killings.
State v. Rogers LaCaze, 2016-KP-0234 (La. 03/13/18) [23 pp.]
From LSCR Volume 26, Issue 3
     On March 4, 1995, defendant and Antoinette Frank, then an officer of the New Orleans Police Department, dined together at Kim Anh Vietnamese restaurant in Ne... view full summary
10.Court reverses finding of ineffective assistance and grant of new trial to defendant convicted of double second-degree murders.
State v. Landon D. Quinn, 2016-KP-1285 (La. 03/13/18) [9 pp.]
From LSCR Volume 26, Issue 3
     Matthew Miller and Ryan McKinley were shot and killed after visiting a New Orleans convenience store in 2009. An eyewitness to the shootings told po... view full summary
11.Officers had probable cause to search defendant after observing him block sidewalk and to arrest him after search revealed drugs.
State v. Kerry Parker, 2018-KK-0290 (La. 03/23/18) [4 pp.]
From LSCR Volume 26, Issue 3
     Defendant sat on a stoop in the French Quarter with his legs extended onto the sidewalk, in apparent violation of Section 54-401(a) of the New Orleans Municipal Code, whic... view full summary
EVIDENCE

12.Testimony of plaintiffs' experts should not have been excluded under Daubert/art. 702.
Blake Freeman v. Fon's Pest Management, Inc., 2017-C-1846 (La. 02/09/18) [4 pp.]
From LSCR Volume 26, Issue 2
     Defendant treated plaintiffs' home for termites using Termidor-SC, a termiticide containing fipronil, which is an odorless, colorless neurotoxin. Following the treatment... view full summary
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