LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1212 through 1224
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.Statute providing civil immunity to public entities regarding Hurricane Katrina operations could not be applied retroactively.
Dana Johno v. John Doe, 2016-CA-0087 (La. 12/06/16) [8 pp.]
From LSCR Volume 24, Issue 12
     At the time that Hurricane Katrina struck in 2005, plaintiff was the owner of a house in Buras, Louisiana that was physically moved by the floodwaters onto... view full summary
TAXATION

2.Court strikes part of legislative sales tax exclusion, making it optional for all parishes.
Arrow Aviation Co., LLC V St. Martin Parish School Board Sales Tax Department, 2016-CA-1132 (La. 12/06/16) [15 pp.]
From LSCR Volume 24, Issue 12
     Plaintiff does business in St. Martin Parish, where it leases and repairs helicopters. Its business includes repairing helicopters for out-of-state cust... view full summary
EVIDENCE

3.Court sets standards for prior bad acts evidence, striking down clear and convincing burden of Prieur, but requiring hearing.
State v. Joseph Taylor, 2016-KK-1124 (La. 12/01/16) [24 pp.]
From LSCR Volume 24, Issue 12
     In 2014 defendant was charged with conspiracy to distribute cocaine and possession with intent to distribute cocaine. The State filed a notice pursuant to State v. Prieur,... view full summary
CRIMINAL

4.Court denies post-conviction relief to death row defendant convicted of 1995 murder of taxi driver.
State v. Teddy Chester, 2015-KP-2304 (La. 12/16/16) [29 pp.]
From LSCR Volume 24, Issue 12
     Defendant and Elbert Ratcliff were charged in 1996 with first degree murder as a result of the death of taxi driver John Adams. Adams was found inside his taxi... view full summary
5.Fourth Circuit correctly reversed district court's order of new trial for death row defendant convicted of 1995 restaurant murder.
State v. Rogers Lacaze, 2016-KP-0234 (La. 12/16/16) [18 pp.]
From LSCR Volume 24, Issue 12
     In 1995 the Kim Anh Vietnamese restaurant in New Orleans East was robbed and three people there murdered ? siblings Cuong Vu and Ha Vu, who were employed at ... view full summary
6.Court affirms first degree murder conviction and death sentence for "Angola Five" inmate.
State v. Jeffrey Clark, 2012-KA-0508 (La. 12/19/16) [154 pp.]
From LSCR Volume 24, Issue 12
     Defendant and fellow inmates at the Louisiana State Penitentiary in Angola were part of a botched plan to escape from prison. Their plan was to overpower guards in the Ca... view full summary
CONTRACTS

7.Broad authority given father by way of son's military form included action for reinternment of son's remains.
Eugene J. Sonnier II v. Catholic Diocese of Lafayette, 2016-C-0839 (La. 10/28/16)[]
From LSCR Volume 24, Issue 11

          Eugene J. "Trey" Sonner, III, served in the United States Airforce and completed a "Form 93," including a designation... view full summary
MEDICAL MALPRACTICE

8. Amendment to MRP claim continued suspension of prescription as to all solidary obligors.
Carolyn Correro v. Dr. Jose L. Ferrer, 2016-C-0861 (La. 10/28/16) [9 pp.]
From LSCR Volume 24, Issue 11

          On April 23, 2011, plaintiff underwent surgery at Glenwood Medical Center after fracturing her left hip. The surgeon, Dr. Jose Ferr... view full summary
JUVENILE

9.Mandatory reporter of abuse provisions do not apply to priests hearing sacramental confessions.
Robert D. Mayeux v. George J. Charlet, Jr., 2016-CA-1463 (La. 10/28/16) [17 pp.]
From LSCR Volume 24, Issue 11

          Plaintiffs filed a petition alleging that their daughter, Rebecca, suffered damages as a result of inappropriate sexual acts perp... view full summary
10.Split Court recalls writ in dispute between biological and foster parents.
Jeremy George v. Robbie Dugas, 2016-CJ-0710 (La. 11/07/16) [25 pp.]
From LSCR Volume 24, Issue 11

          Summer and Jeremy George are the biological parents of three minor children. The children were removed from their home in 2010 and... view full summary
CRIMINAL

11.Court remands three cases for resentencing in light of Montgomery/Miller.
State v. Kyle Alexander, 2015-OK-1879 (La. 10/28/16) [4 pp.]
From LSCR Volume 24, Issue 11

          In this case the Court remanded to the 23rd JDC, Parish of Assumption, for resentencing of defendant pursuant to La. Code Crim... view full summary
12.District court's flawed Batson analysis requires new trial for defendant facing death sentence for murder of his one-year-old son.
State v. Rodricus Crawford, 2014-KA-2153 (La. 11/16/16) [48 pp.]
From LSCR Volume 24, Issue 11

          Roderius "Bobo" Lott was born in February 2011 to Lakendra Lott and defendant. Bobo lived with his mother in a home be... view full summary
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