LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1332 through 1344
Archive of LSCR Articles

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

1.District court did not abuse its discretion in sentencing defendant to maximum sentence available for simple rape conviction.
State v. Toby Fruge, 2014-K-1172 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with the forcible rape of two women, R.A. and J.H., in two separate incidents that occurred two years apart. In ... view full summary
2.Court of appeal erred in ordering an evidentiary hearing and issuance of subpoena duces tecum in untimely application for post-conviction relief.
State v. Ronald Marshall, 2014-KP-2091 (La. 10/14/15) [11 pp.]
From LSCR Volume 23, Issue 10

          In 1998 defendant was found guilty of armed robbery. At trial the victim testified that three men, including defendant, pushed their w... view full summary
3.Louisiana law allowed court to impose general costs of prosecution and investigation upon convicted defendant.
State v. Jessie Griffin, 2014-KP-1214 c/w 2014-KP-1238 (La. 10/14/15) [16 pp.]
From LSCR Volume 23, Issue 10

          In 2004 the State, through the office of the D.A. of the Third JDC, filed an omnibus motion for costs of prosecution. The State listed... view full summary
4.Court reinstates possession with intent to distribute cocaine conviction; court of appeal impinged on jury's discretion.
State v. Michael D. Ellis, 2014-E-1511 (La. 10/14/15) [8 pp.]
From LSCR Volume 23, Issue 10

          While defendant and a guest were at defendant's home, police found two small rocks of crack cocaine. Defendant admitted... view full summary
5.Defendant entitled to acquittal on conviction for molestation of a juvenile, which was not a lesser and included verdict for charged crime of aggravated incest.
State v. William J. Graham, 2014-K-1801 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with aggravated incest of a younger step-sibling, in violation of La. R.S. Section 14:78.1. Aggravated incest re... view full summary
EVIDENCE

6.Admission of victims' statements was warranted because defendant violated protective order and pressured victims not to testify.
State v. Pedro Aguilar, 2015-KK-1230 (La. 09/18/15) [2 pp.]
From LSCR Volume 23, Issue 9

          In this domestic violence matter, the State alleged that the victims, defendant's girlfriend and daughter, had recanted... view full summary
CRIMINAL

7.Court affirmed conviction and death sentence for first degree murder of pregnant woman whom defendant believed was carrying his child.
State v. Lamondre Tucker, 2013-KA-1631 (La. 09/01/15) [60 pp.]
From LSCR Volume 23, Issue 9

          In September 2008 Tavia Sills was nearly five months pregnant. A few weeks earlier, she had told defendant, then eighteen-years-old, t... view full summary
8.Court denied writ application by serial killer seeking post-conviction relief.
State v. Derrick Todd Lee, 2014-KP-2374 (La. 09/18/15) [11 pp.]
From LSCR Volume 23, Issue 9

          In 2004 an East Baton Rouge Parish jury unanimously found defendant guilty of the first degree murder of Charlotte Murray Pace and sen... view full summary
9.Exception to limitations period for applications for post-conviction relief was warranted based on affidavit of recanting witness.
State v. Duvander Hurst, 2015-KP-455 (La. 09/18/15) [2 pp.]
From LSCR Volume 23, Issue 9

          #Defendant's conviction for second degree murder and sentence of life imprisonment became final in 2002. He filed this application for... view full summary
10.Defendant's abandonment of paper bag on front porch negated his expectation of privacy as to bag's contents; alternatively, exigent circumstances warranted seizure and search of the bag.
State v. Darryl Summers, 2015-KK-1363 (La. 07/29/15) [10 pp.]
From LSCR Volume 23, Issue 8

          While conducting surveillance at an intersection in Orleans Parish, a narcotics officer observed two men on either side of the street.... view full summary
11.Double Jeopardy Clause prohibited conviction for possession of stolen firearm where defendant also was convicted of armed robbery involving theft of same firearm.
State v. Jason M. Roe, 2014-KO-2322 (La. 08/28/15) [3 pp.]
From LSCR Volume 23, Issue 8

          An armed robbery occurred in which a victim was robbed of his car, shirt, and pants at gunpoint while attempting to purchase marijuana... view full summary
BAR / DISCIPLINARY / ETHICS

12.Fraud exception to peremptive statute applied to malpractice claim against attorney who failed to record community property settlement and lulled plaintiff into inaction once malpractice came to light.
Tracy Ray Lomont v. Michelle Myer-Bennett, 2014-C-2483 (La. 06/30/15) [28 pp.]
From LSCR Volume 23, Issue 7

          Defendant, an attorney, was hired by plaintiff to represent her in a divorce matter. Plaintiff and her ex-husband agreed to a partial ... view full summary
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