LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1224 through 1236
Archive of LSCR Articles

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

1.Court orders post-conviction hearing regarding alleged recantation of armed robbery victim.
State Ex Rel. Trivenskey Odom, 2016-KH-0875 (La. 11/02/16) [3 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of a 2011 armed robbery in Shreveport and sentenced to sixty- five years' imprisonment without benef... view full summary
2.Court remands for DNA testing in 1976 kidnapping case.
State v. Richard Durr, 2015-KP-1735 (La. 11/02/16) [4 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of aggravated kidnapping and simple kidnapping after he and another man forcibly took two young ... view full summary
3.Court remands for evidentiary hearing on defendant's post-conviction claim of actual innocence of 2009 armed robbery.
State v. Kerry J. Paul, 2015-KP-2278 (La. 11/02/16) [1 p.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of the 2009 armed robbery of Melvin's Bar in New Orleans. He was sentenced as a third fe... view full summary
4.District court erred in granting defendant out-of-time appeal on ineffective appellate assistance claim.
State v Brian Keith Thomas, 2015-KO-1110 (La. 11/18/16) [2 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of attempted second degree murder resulting from a 2007 shooting in Ville Platte and was s... view full summary
5.Court of appeal erred in remanding for fee/sanction determination, when none had been requested in district court.
State v. Kevin Sceau, 2016-KK-1638 (La. 11/18/16) [9 pp.]
From LSCR Volume 24, Issue 11

          Defendant in Orleans Parish Municipal Court sought to obtain medical records pertaining to possible pre-existing injuries to... view full summary
6.Court reverses court of appeal on probable cause determinations.
State v. Joseph Kemp, 2016-KK-1370 (La. 11/29/16) [10 pp.]
From LSCR Volume 24, Issue 11

          This case was consolidated with State v. Chris Mansion, 2016-KK-137. After a preliminary hearing, the district court found no proba... view full summary
BAR / DISCIPLINARY / ETHICS

7.Former member of Monroe City Council disbarred after conviction for racketeering.
In Re: Arthur Gilmore, Jr., 2016-B-0967 (La. 10/19/16) [13 pp.]
From LSCR Volume 24, Issue 10

          Respondent was admitted to the Louisiana bar in 1983, elected to the Monroe City Council in 1996, and re-elected three times, most ... view full summary
TORTS

8.On rehearing, Court adds loss of consortium recovery.
Brandy Fecke v. LSU Board of Supervisors, 2015-C-1806 c/w 2015-C-1807 (La. 10/19/16) [2 pp.]
From LSCR Volume 24, Issue 10

          The Court's original opinion in this case was issued September 23, 2016. (See LSCR Vol. 24, No. 9). A twenty-three year old senior... view full summary
CONTRACTS

9.Court strikes arbitration clause in trampoline park participant agreement as adhesionary.
James Duhon v. Activelaf, LLC, 2016-CC-0818 (La. 10/19/16) [27 pp.]
From LSCR Volume 24, Issue 10

          Patrons of Sky Zone Lafayette, an indoor trampoline park, were required to execute a "Participant Agreement, Release and... view full summary
10.Court strikes arbitration clause in trampoline park participant agreement in second case.
Roger Alicea v. Activelaf, LLC, 2016-CC-0708 (La. 10/19/16)[11 pp.]
From LSCR Volume 24, Issue 10

          This case was consolidated for argument with Duhon v. Activelaf, LLC, above. Here, Roger Alicea took his two sons to Sky Zo... view full summary
MEDICAL MALPRACTICE

11.Claim against hospital for negligent credentialing/hiring of ER physician not covered by LMMA.
Brandi Billeaudeau v. Opelousas General Hospital Authority, 2016-C-0846 (La. 10/19/16)[40 pp.]
From LSCR Volume 24, Issue 10

          In June 2010 Brandi Billeaudeau, a thirty-four-year-old woman with Down syndrome, collapsed at home and was taken to Op... view full summary
WORKERS' COMPENSATION

12.Former firefighter's claim for permanent disability and medical benefits not barred by res judicata or prescription.
Richard J. Borja v. FARA St. Bernard Parish Government, 2016-C-0055 (La. 10/19/16) [18 pp.]
From LSCR Volume 24, Issue 10

          Claimant was employed by defendant as a firefighter beginning in July 1973. After an accident in June 2002, he received wor... view full summary
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