LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1296 through 1308
Archive of LSCR Articles

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

1.Third parties could petition for appointment of counsel to bring petition for termination of parental rights.
State in the Interest of KCC, 2015-CJ-1429 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1

          On March 1, 2013, TT gave birth to a baby boy, KCC. At the time, his biological father, MM, had doubts about whether he was KCC's fath... view full summary
CRIMINAL

2.State could introduce evidence of defendant's prior guilty pleas to weapons possession charges.
State v. Jake Hamilton, 2015-KK-1810 (La. 01/08/16) [6 pp.]
From LSCR Volume 24, Issue 1

          Defendant was alleged to have assaulted the victim with a handgun after breaking into the victim's apartment. No handgun was found on ... view full summary
3.Photograph of defendant using offensive gesture should not have been excluded under Code of Evid. art. 403.
State v. Devin Waterhouse, 2015-KK-2301 (La. 01/15/2016) [4 pp.]
From LSCR Volume 24, Issue 1

          Defendant was charged with the second degree murder of Kiran Harris. The State alleged that defendant and Harris belonge... view full summary
4.Case allotment system of Orleans Parish Criminal District Court did not violate defendants' due process rights.
State v. Erik Nunez c/w State v. Brandon Licciardi, 2015-KK-1473 c/w State v. Tyrone Brown, 2015-KK- 1486 (La. 01/27/16) [29 pp.]
From LSCR Volume 24, Issue 1

          Defendants in these consolidated cases challenged the constitutionality of the case allotment procedure in Orleans Parish C... view full summary
5.Admission of expert's letter as to results of victim's IQ test violated Confrontation Clause and hearsay rules, requiring new trial.
State v. Vernon Mullins, 2014-K-2260 c/w 2014-KO-2310 (La. 01/27/16) [18 pp.]
From LSCR Volume 24, Issue 1

          Defendant was indicted for aggravated rape in violation of La. R.S. Section 14:42. The statute provides that aggravated rape includes ... view full summary
EVIDENCE

6.Manifest error review required reversal of $13.4 million judgment rendered on appeal and reinstatement of district court judgment dismissing case.
Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC 2014-C-2592 (La. 12/08/15) [69 pp.]
From LSCR Volume 23, Issue 12

          Plaintiffs were mineral royalty owners who sued defendants, mineral lessees and working interest owners, for mismanagement of two oil ... view full summary
TORTS

7.Defendant entitled to summary judgment in cracked sidewalk injury case.
Francis Elaine Reagan v. The Recreation and Park Commission for the Parish of East Baton Rouge, 2015-CC-1662 (La. 12/04/15) [1 p.]
From LSCR Volume 23, Issue 12

          Plaintiff sued defendant alleging she was injured as a result of a cracked sidewalk. Defendant produced evidence that th... view full summary
STATE AND LOCAL GOVERNMENT

8.Emails between parish official using parish email address and private citizen were subject to production under public records laws with redaction to protect privacy of private citizen.
William Henry Shane v. The Parish of Jefferson, 2014-C-2225 (La. 12/08/15) [32 pp.]
From LSCR Volume 23, Issue 12

          In 2010 Lucien Gunter was Executive Director of the Jefferson Parish Economic Development Commission (JEDCO). Via his JEDC... view full summary
DOMESTIC RELATIONS

9.Designation of "co-domiciliary parents" prohibited.
Justin Hodges v. Amy Hodges, 2015-CJ-0585 (La. 11/23/15) [43 pp.]
From LSCR Volume 23, Issue 12

          Justin and Amy Hodges were married in 2011, and one child, M.H., was born of the marriage. Justin instituted divorce proceedings in 20... view full summary
CRIMINAL

10.District court erred in finding evidence of other alleged crimes admissible based on "res gestae."
State v. Alfred Scott, 2015-KK-1762 (La. 11/30/15) [8 pp.]
From LSCR Volume 23, Issue 12

          Noah Stout was murdered on August 28, 2012. Defendant was indicted for the murder, as well as obstruction of justice, and arrested on ... view full summary
11.Case remanded for district court to provide reasons for imposition of maximum sentence.
State v. Jessica Marie Allen Jones, 2015-KK-1723 (La. 12/04/15) [1 p.]
From LSCR Volume 23, Issue 12

          Defendant was convicted of the misdemeanor crime of contributing to the delinquency of a minor in violation of La. R.S. Section 14:92 ... view full summary
12.Search of vehicle was justified where officer reasonably believed vehicle contained evidence of offense for which passenger was arrested.
State v. Skye Myles, 2015-KK-2185 (La. 12/07/15) [2 pp.]
From LSCR Volume 23, Issue 12

          During a lawful traffic stop of a vehicle in which defendant was a passenger, an officer smelled marijuana and saw what might have bee... view full summary
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