LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1308 through 1320
Archive of LSCR Articles

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

1.Contradictory jury charge not prejudicial to defendant engaged in illegal activity at time of allegedly justifiable homicide.
State v. Christopher J. Wells, 2014-K-1701 (La. 12/08/15) [17 pp.]
From LSCR Volume 23, Issue 12

          In 2008 defendant went to the parking area of a trailer park in New Orleans to purchase marijuana from Brandon McCue. Defendant te... view full summary
TORTS

2.Genuine issues of fact existed in wrongful death case as to whether wife knew husband was likely to drive her vehicle in an impaired state.
Randy J. Toups v. James G. Dantin, 2015-C-1635 (La. 11/06/15 ) [2 pp.]
From LSCR Volume 23, Issue 11

          By 2011 James Dantin had a history of drug and alcohol related charges stretching back more than thirty years, including more than fif... view full summary
3.Claim for damages as a result of probation officer's erroneously forcing plaintiff to register as a sex offender was prescribed.
Meiko Prevo v. State of Louisiana, 2015-C-0823 (La. 11/20/15) [19 pp.]
From LSCR Volume 23, Issue 11

          In April 2000 plaintiff was arrested in East Baton Rouge Parish for the felony offense of crime against nature. She ultimately pleaded... view full summary
INSURANCE

4.Insured selected reduced UM coverage on CSL policy by altering form provided by State.
Frank Tuson v. Merlyn Rodgers, 2015-C-1334 (La. 10/30/15) [5 pp.]
From LSCR Volume 23, Issue 11

          In 2007 Compass Behavioral Clinic purchased an automobile liability policy from Progressive Insurance Company. Instead of c... view full summary
DOMESTIC RELATIONS

5.Child custody ruling could not be challenged by motion to vacate judgment.
Deliysee Daggs Jupiter v. Kendrick D. Jupiter, 2015-OC-1742 (La. 11/16/15) [2 pp.]
From LSCR Volume 23, Issue 11

          In this domestic matter, the district court issued a child custody ruling in October 2013, and the judgment became final. Later seekin... view full summary
EVIDENCE

6.Twenty-five-year-old letter referring to purported conclusion by now- deceased forensic specialist was properly excluded as inadmissable hearsay.
State v. Joenell Rubin, 2015-KK-1753 (La. 11/06/15) [2 pp.]
From LSCR Volume 23, Issue 11

          More than twenty years after a rape and murder, defendant was charged with the crimes based on DNA evidence. The State filed a motion ... view full summary
CRIMINAL

7.Court clarifies likely end to state collateral review proceedings for defendant sentenced to death.
State v. James Tyler, III, 2013-KP-0913 (La. 11/06/15) [11 pp.]
From LSCR Volume 23, Issue 11

          In 1995 defendant robbed a Pizza Hut in Shreveport and, after taking money from the register, forced the manager and two other employe... view full summary
8.Thirty-year sentence for seventy-two-year-old, non-violent, habitual offender grandmother was unconstitutionally excessive.
State v. Doretha Mosby, 2014-K-2704 (La. 11/20/15) [7 pp.]
From LSCR Volume 23, Issue 11

          Defendant was charged with distribution of cocaine, a violation of La. R.S. Section 40:967A(2), at the age of seventy-two, after an of... view full summary


9.
* Krystil Borrouso Lawton, editor of LSCR, is an attorney practicing in New Orleans. She is a 1991 graduate, magna cum laude, of Loyola Law School, where she served on the editorial board of the Loyola Law Review and as a member of the National Moot Court
From LSCR Volume 23, Issue 10
This publication is provided as a research service for its subscribers, and the publisher does not purport to furnish legal advice or assistance. While a professional effort is made to ensure the... view full summary
TORTS

10.Collateral source rule did not apply to portion of medical bill written-off by provider pursuant to agreement with counsel.
Eddie Hoffman v. 21st Century North America Ins. Co., 2014-C-2279 (La. 10/02/15) [12 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff's automobile was rear-ended by defendant in Baton Rouge. In seeking treatment for his alleged injuries, plaintiff underwent ... view full summary
11.Store's statutory duty in slip and fall case did not prevent allocation of fault to subcontracting janitor.
Patricia Ann Thompson v. Winn-Dixie Montgomery, Inc., 2015-C-0477 (La. 10/14/15) [18 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff slipped and fell in a puddle of water in front of a meat case while shopping at a Winn-Dixie store in New Iberia. Winn-Dixie... view full summary
12.Licensed contractor shielded from personal liability by LLC although residence was not constructed at proper flood elevation.
Jennifer Nunez v. Pinnacle Homes, LLC, 2015-C-0087 (La. 10/14/15) [20 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff entered into a contract with Pinnacle Homes, LLC for the construction of a home in Cameron Parish. Allen Lena... view full summary
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