| CRIMINAL
|
| 1. | District court lacked jurisdiction to convict defendant of two counts of rape committed when he was younger than fifteen.
State v. Alfred Harrison, 2016-KO-0187 (La. 05/12/17) [6 pp.]
From LSCR Volume 25, Issue 5
Defendant was indicted for six counts of aggravated rape that the State alleged he
committed when he was between the ages of thirteen and sixteen. ... view full summary |
| 2. | Speedy trial period was suspended between time defendant failed to appear and time State knew where he was incarcerated on federal charges.
State v. Chaka Stewart, 2015-K-1845 (La. 05/12/17) [10 pp.]
From LSCR Volume 25, Issue 5
In June 2011 defendant was charged with one count of possession of marijuana, second
offense, one count of possession with intent to distribute heroin, and on... view full summary |
| 3. | Defendant was entitled to post-conviction evidentiary hearing on issues of sufficiency of evidence and ineffective assistance.
State v. Rudy Francis, 2016-KP-0513 (La. 05/19/17) [7 pp.]
From LSCR Volume 25, Issue 5
In 2003 defendant was indicted for the second degree murder of Larry Lawrence. Two
trials ended in mistrials. After the third, the jury found defendant gui... view full summary |
| 4. | District court's ruling excluding self-defense jury charges was premature.
State v. Devante Payton, 2017-KK-0489 (La. 05/19/17) [3 pp.]
From LSCR Volume 25, Issue 5
Defendant was charged with second degree murder for the shooting death of Donte Moore. The State filed a pre-trial motion to exclude self-defense jury charges, an... view full summary |
| 5. | Court clarifies ruling on traffic stop canine sniff.
State v. Dustin Mantia, 2017-KK-0240 (La. 05/26/17) [2 pp.]
From LSCR Volume 25, Issue 5
On March 31, 2017, the Court granted a supervisory writ and reversed the district court's
grant of a motion to suppress evidence discovered as a result of a dog sniff dur... view full summary |
| 6. | Defendant not entitled to be charged under amended law lowering marijuana possession penalties.
State v. Wyman Henry, 2017-KK-0516 (La. 05/26/17) [5 pp.]
From LSCR Volume 25, Issue 5
On June 25, 2015, defendant was found to be in possession of synthetic marijuana and
charged with third-offense possession of marijuana. Four days ... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 7. | Former Orleans Parish School Board member disbarred after criminal charges.
In Re: James Louis Fahrenholtz, 2017-B-0261 (La. 04/07/17) [11 pp.]
From LSCR Volume 25, Issue 4
Respondent was admitted to the practice of law in Louisiana in 1996 and has served as a
member of the Orleans Parish School Board and worked as a lobbyist. In 2009 he was ... view full summary |
| CIVIL PROCEDURE
|
| 8. | Appeal was timely based on date notice was served by sheriff.
Chauvin v. Shell Oil Company, 2017-OC-43 (La. 03/31/17) [3 pp.]
From LSCR Volume 25, Issue 4
Plaintiffs filed suit alleging trespass and illegal construction of pipelines on their St. Charles
Parish property. The district court granted motions for summary judgment... view full summary |
| PROPERTY
|
| 9. | LA Constitution requires payment of fair market value to owner whose property is appropriated for levee improvements.
South Lafourche Levee District v. Chad M. Jarreau, 2016-C-0788 c/w 2016-C-0904 (La. 03/31/17) [29 pp.]
From LSCR Volume 25, Issue 4
In January 2010, in an effort to upgrade the size of the existing permanent levee servitude
for flood protection, the Board of Commissioners of the South Lafourche Levee D... view full summary |
| CRIMINAL
|
| 10. | No suppression: traffic stop not unreasonably prolonged for dog sniff.
State v. Dustin Mantia, 2017-KK-0240 (La. 03/31/17) [2 pp.]
From LSCR Volume 25, Issue 4
Defendant was involved in a traffic stop, during which officers employed a drug-sniffing
dog. The dog alerted, causing officers to discover drugs in the vehicl... view full summary |
| 11. | Judgment effecting forfeiture of seized cash was null: State had custody of defendant so that service attempt at prior address was unreasonable.
State v. 1330 in U.S. Currency, 2016-OK-360 (La. 04/07/17) [5 pp.]
From LSCR Volume 25, Issue 4
Robert Mincey was arrested and charged with second degree murder. When he was
arrested, $1,330 in cash was found in his shoe and seized. Mincey was... view full summary |
| 12. | Defendant not required to wait five years to seek return of cash seized at arrest and used as evidence at trial.
Roger Wallace v. St. Tammany Parish Sheriff, 2016-OK-0682 (La. 04/07/17) [2 pp.]
From LSCR Volume 25, Issue 4
Roger Wallace was charged with the creation or operation of a clandestine laboratory for
the unlawful manufacture of methamphetamine. At the time of his arrest in 2009, th... view full summary |