LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1284 through 1296
Archive of LSCR Articles

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

1.Court sets out standard for increasing custody of biological parent when grandparent is stipulated domiciliary parent of child.
Tracie F. v. Francisco D., 2015-CJ-1812 (La. 03/15/16) [35 pp.]
From LSCR Volume 24, Issue 3

          Tracie and Francisco met in 2005 and did not have a committed relationship. Tracie became pregnant and indicated Francisco was the chi... view full summary
CRIMINAL

2.Defendant required to register as a sex offender in Louisiana for his lifetime although he had fulfilled registration requirements in state where offense occurred before lifetime registration requirement went into effect.
State v. Mike Rutherford, 2015-K-0636 (La. 03/04/16) [3 pp.]
From LSCR Volume 24, Issue 3

          In 1992 Mike Rutherford was convicted in Oklahoma of lewd molestation, the Louisiana equivalent of sexual battery of a child under the... view full summary
3.Multiple felony offender sentence mooted defendant's argument that he should have been tried by jury of twelve on DWI fourth offense charge.
State v. Gerald W. Dahlem, 2014-KO-1555 (La. 03/15/16) [25 pp.]
From LSCR Volume 24, Issue 3

          Defendant was charged with driving while intoxicated, fourth offense, a violation of La. R.S. Section 14:98. The prosecution and defen... view full summary
STATE AND LOCAL GOVERNMENT

4.Kenner firefighters entitled to summary judgment on claim for additional pension contributions.
Michael Dunn v. City of Kenner, 2015-C-1175 (La. 01/27/16) [20 pp.]
From LSCR Volume 24, Issue 2

          Plaintiffs, members of Kenner Firefighters Association Local 1427, filed suit seeking past and future adjustments to the City of Kenne... view full summary
CRIMINAL

5.In second degree murder case, State presented sufficient evidence of specific intent to kill and was not required to prove motive.
State v. Quint Mire, 2014-K-2295 (La. 01/27/16) [12 pp.]
From LSCR Volume 24, Issue 2

          In 2011 defendant and Julian Gajan were hunting deer out-of-season in the marsh in Vermillion Parish when defendant shot Gajan three t... view full summary
6.District court did not abuse its discretion in setting amount of restitution to victim in theft case without documentary evidence of exact pecuniary loss.
State v. Herman Perry, 2015-K-0510 (La. 02/05/16) [3 pp.]
From LSCR Volume 24, Issue 2

          Pursuant to a plea agreement, defendant pleaded guilty to theft over $1,500, in violation of La. R.S. Section 14:67. The victim was th... view full summary
7.In case of child abuse that resulted in death of child, State was entitled to introduce evidence of prior acts of abuse of child by defendant.
State v. Michael Robertson, 2015-KK-2095 (La. 02/05/16) [6 pp.]
From LSCR Volume 24, Issue 2

          Defendant was charged with the first degree murder of his eight-year-old son, Xzayvion Riley. The State notified defendant of its inte... view full summary
8.District court abused its discretion in reversing death sentence of Angola Five inmate on basis of purported Brady violation.
State v. David Brown, 2015-KK-2001 (La. 02/19/16) [11 pp.]
From LSCR Volume 24, Issue 2

          Defendant is one of the "Angola Five," a group of inmates who attempted to escape from the Angola State Penitentiary in 1999 and kille... view full summary
9.Court reverses death sentence based on State's violation of Jackson during penalty phase of retrial of convicted murderer.
State v. Robert Glen Coleman, 2014-KA-0402 (La. 02/26/16) [81 pp.]
From LSCR Volume 24, Issue 2

          Defendant was charged with the first degree murder of seventy-year-old Julian Brandon, a retired minister, and the attempted first deg... view full summary
CONSTITUTIONAL LAW

10.Constitutional amendment purporting to ban convicted felons from public office was null and void.
Derrick Shepherd v. Thomas Schedler, 2015-CA-1750 (La. 01/27/16) [34 pp.]
From LSCR Volume 24, Issue 1

          In 1997 Senator Max Malone introduced a bill seeking to add a paragraph to La. Const. art. I, Section 10 to prohibit unpardoned convic... view full summary
INSURANCE

11.Sledge Jeansonne Act could not be applied retroactively to conduct occurring before its effective date, even if guilty plea post-dated effective date.
State v. Lynn Foret, M.D., 2015-C-1298 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1

          In April 2013 defendant, an orthopedic surgeon, pled guilty in federal court to one count of health care fraud for criminal acts that ... view full summary
WORKERS' COMPENSATION

12.OWC Administrative Rule could not establish prescriptive period for bringing claim.
Calvin Arrant v. Wayne Acree PLS, Inc., 2015-C-0905 (La. 01/27/16) [20 pp.]
From LSCR Volume 24, Issue 1

          In June 2012 claimant suffered injuries when an eighteen-wheeler ran a red light and struck the vehicle that he was driving in the cou... view full summary
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