| TORTS
|
| 1. | Land owner had no duty to conduct controlled burns of marshland and was entitled to summary judgment in case brought as a result of marshland fire.
Scott Lowe v. Noble, LLC, 2017-C-1948 (La. 02/09/18) [2 pp.]
From LSCR Volume 26, Issue 2
Oak Island consists of 1,482.60 acres of marshland south of Interstate 10 in New Orleans
between the Bayou Sauvage National Wildlife Refuge and Interstate 510. It is owned... view full summary |
| CRIMINAL
|
| 2. | DA's office did not need to recuse itself because it had hired former public defender.
State v. Danny P. Battaglia, 2017-KK-1451 (La. 02/14/18) [7 pp.]
From LSCR Volume 26, Issue 2
In 2016 attorney Craig Colwart was hired as an assistant district attorney in the 16th JDC.
Because Colwart formerly worked as a public ... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 3. | Physician/attorney permanently disbarred after conviction for operating pill mill.
In re: Joseph G. Pastorek II, 2017-B-1473 (La. 01/30/18) [17 pp.]
From LSCR Volume 26, Issue 1
Respondent Joseph G. Pastorek II graduated from medical school in 1977 and obtained
board certification in general obstetrics and gynecology as well... view full summary |
| PROPERTY
|
| 4. | Court affirms expropriation of property for Bernard Port, remands for revaluation.
St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., 2017-C-0434 (La. 01/30/18) [40 pp.]
From LSCR Volume 26, Issue 1
The St. Bernard Port, Harbor & Terminal District (the Port) is a public cargo facility in St. Bernard Parish. The Port handles several types of cargo and is o... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 5. | Court upholds laws providing consequences for drivers who refuse to submit to chemical testing for suspected DWI.
David Carver v. Louisiana Dept. of Public Safety, 2017-CA-1340 (La. 01/30/18) [12 pp.]
From LSCR Volume 26, Issue 1
Louisiana R.S. Section 32:661-670 concern tests for suspected drunken drivers. Under Section 32:667,
when an officer places a person under arrest for operating a vehicle ... view full summary |
| CRIMINAL
|
| 6. | Defendant not entitled to expungement; case remanded to consider plea bargain.
State v. Constant Allah, 2017-OK-0785 (La. 01/09/18) [2 pp.]
From LSCR Volume 26, Issue 1
In 2011 defendant was charged with one count of second degree kidnapping and two
counts of carnal knowledge of a juvenile. The State later amended the charges... view full summary |
| 7. | Defendant entitled to seek retroactive application of more lenient penalties through motion to correct illegal sentence in district court.
State Ex Rel. John Esteen v. State of Louisiana, 2016-KK-0949 (La. 01/30/18) [20 pp.]
From LSCR Volume 26, Issue 1
Based on acts that he committed in 1998 and 1999, defendant was found guilty of two
counts of possession of cocaine over 400 grams, conspiracy to ... view full summary |
| 8. | Second degree murder conviction reversed based on insufficient circumstantial evidence.
State v. Darryl Jones, 2016-K-1502 (La. 01/30/18) [8 pp.]
From LSCR Volume 26, Issue 1
Defendant and his co-defendants, Cecil Ray Beals and Calvin K. Williams, were tried
together and found guilty of the second degree murder of Gerald Wilkins. Ev... view full summary |
| 9. | Court affirms reversal of conviction: State violated Batson in excluding prospective juror.
State v. Larry Broussard Jr., 2016-K-1836 (La. 01/30/18) [13 pp.]
From LSCR Volume 26, Issue 1
Defendant was convicted of aggravated flight from an officer after leaving the scene of an
accident and leading police on a car chase. During voir dire the pro... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 10. | Challenge to NOLA traffic camera hearing procedures was mooted by amendments changing procedures.
Lee Rand v. City of New Orleans, 2017-CA-0596 (La. 12/06/17) [18 pp.]
From LSCR Volume 25, Issue 12
In 2007 the City of New Orleans enacted ordinances that created the Automated Traffic
Enforcement System (ATES), by which cameras gathered images of vehic... view full summary |
| JUVENILE
|
| 11. | Court reverses lower courts and orders termination of father's parental rights, freeing child to be adopted by foster family.
State in the Interest of C.F., 2017-CJ-1054 (La. 12/06/17) [22 pp.]
From LSCR Volume 25, Issue 12
CF was born in 2006. Her mother died of natural causes in December 2013. In June 2014
the Department of Children and Family Services (DCFS) received a report expressing... view full summary |
| CRIMINAL
|
| 12. | Court reinstates convictions reversed by court of appeal: defendant not denied choice of counsel.
State v. Cardale Green, 2017-K-0435 (La. 12/05/17) [5 pp.]
From LSCR Volume 25, Issue 12
Defendant was charged in Baton Rouge with second-degree murder and attempted second-
degree murder. A public defender was appointed but then withdrew, citing a ... view full summary |