LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1152 through 1164
Archive of LSCR Articles

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

1.Court remands in light of new legislation regarding parole eligibility for defendants who committed crimes as juveniles.
State v. Barry Pascual, 2016-KP-2167 (La. 06/29/17) [3 pp.]
From LSCR Volume 25, Issue 6
     Defendant was convicted of first degree murder in 1999 for a shooting that he committed in 1996. At the time of the murder, defendant was under the age of eighteen. By ... view full summary
2.District court confused issues of authentication and reliability regarding video evidence at preliminary hearing.
State v. Ronald Rice, Jr., 2017-KK-0446 (La. 06/29/17) [4 pp.]
From LSCR Volume 25, Issue 6
     The district court conducted a preliminary hearing to determine whether probable cause existed to support charges of attempted second degree murder and carjacking ag... view full summary
DOMESTIC RELATIONS

3.Acknowledgement of signatures on matrimonial agreement is a requirement of form that must occur prior to marriage.
Danielle Acurio v. Dr. Michael Acurio, 2016-C-1395 (La. 05/03/17) [21 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff and defendant married in 1998, divorced in 2000, and married for a second time in 2002. Four days before the second wedding, they executed a prenuptial agreement... view full summary
TORTS

4.Summary judgment not appropriate in suit against stable for horse bite.
Danielle Larson v. XYZ Insurance Company, 2016-C-0745 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff is an Illinois resident who frequently came to New Orleans to visit her boyfriend. On her visits to New Orleans, she often visited Equest Farm, located ... view full summary
5.District court had jurisdiction to hear tort claims arising from termination of state troopers.
Todd Huval v. State of Louisiana, 2016-CC-1857 (La. 05/03/17) [12 pp.]
From LSCR Volume 25, Issue 5
     Plaintiffs Todd Huval and Chad Boyer are former Louisiana State Troopers. They were terminated in 2007 after an investigation resulted in accusations ... view full summary
EMPLOYMENT

6.Court adopts broad definition of "good faith" for Environmental Whistleblower Act.
Eric Borcik v. Crosby Tugs, LLC, 2016-CQ-1372 (La. 05/03/17) [13 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff was employed as a deckhand for defendant. He claimed that over a three-year period the lead captain ordered him to dump waste oil into na... view full summary
STATE AND LOCAL GOVERNMENT

7.Public Records Law applied to LSPCA as quasi-public instrumentality of City of New Orleans.
New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals, 2016-C-1809 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff is a nonprofit corporation founded to advocate for the welfare of dogs in New Orleans and elsewhere. Defendant, the Louisiana SPCA (LSPCA... view full summary
TAXATION

8.Court reinstates mandamus judgment ordering Secretary of Department of Revenue to refund overpaid hotel taxes to casino.
Jazz Casino Co., LLC v. Cynthia Bridges, 2016-C-1663 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff operates a land-based casino in New Orleans and contracts with various hotels for blocks of rooms to be made available to casino patrons on a complimentary or... view full summary
SUCCESSIONS

9.Purported notarial testament derived from internet template was absolutely null for lack of form.
Successions of Jeanette and Ronnie Toney, 2016-C-1534 (La. 05/03/17) [25 pp.]
From LSCR Volume 25, Issue 5
     In 1993 Jeanette Toney executed a will in which she bequeathed her entire estate to her husband, Ronnie Toney, or if he did not survive her, to her brothe... view full summary
CRIMINAL

10.Court distinguishes Louisiana money laundering statute from federal one; evidence was sufficient to convict under Louisiana statute.
State v. Martin Lemoine, 2015-K-1120 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Defendant was the president of Morel G. Lemoine Distributors, Inc. (Morel), which provided fuel to Union Pacific Railroad. Evidence at trial showed ... view full summary
11.Court affirms conviction for intent to distribute eighteen grams of marijuana, resulting in eighteen-year sentence.
State v. Gary D. Howard, 2015-KO-1404 (La. 05/03/17) [14 pp.]
From LSCR Volume 25, Issue 5
     In December 2013 officers obtained a warrant for defendant's arrest for violating the terms of his probation and parole. They had received a tip that defend... view full summary
12.Sex offender registration law applied to defendant who was found not guilty by reason of insanity.
State v. Glenn Cook, 2016-KK-1518 (La. 05/03/17) [20 pp.]
From LSCR Volume 25, Issue 5
     Defendant suffers from severe chronic mental illness and has been in and out of psychiatric treatment since he was a teenager. In 1986, when in his twenties, he was charge... view full summary
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