| CRIMINAL
|
| 1. | Defendant entitled to new trial based on newly discovered evidence of sole prosecution witness's convictions for perjury and malfeasance.
State v. Kevin Taylor, 2014-KO-1551 (La. 03/27/15) [1 p.]
From LSCR Volume 23, Issue 4 Defendant was convicted of possession of cocaine based on testimony by Officer Hunt and adjudged
a fourth felony offender. Officer Hun... view full summary |
| 2. | Where sentence of twenty years without benefit of probation or suspension of sentence was imposed on defendant as third felony offender based on marijuana possession conviction, case was remanded for district court to supply reasons.
State v. Corey Ladd, 2014-KO-1611 (La. 03/27/15) [3 pp.]
From LSCR Volume 23, Issue 4 Defendant was convicted of possession of about half an ounce of marijuana. The district court ruled
he was a third felony offender, ba... view full summary |
| 3. | Defendant not entitled to have guilty plea set aside based on incompetency to proceed.
State v. Brandon Houston, 2014-KP-1055 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4 Defendant filed a motion in the district court to set aside his guilty plea based on his alleged
incompetency to proc... view full summary |
| 4. | Investigatory stop was justified by defendant's suspicious driving pattern in high crime area.
State v. Dameion A. Greenberry, 2014-K-1126 (La. 04/10/15) [2 pp.]
From LSCR Volume 23, Issue 4 New Orleans Police Officers Slagle and Davis were notified by the Violent Crime Abatement Team
that a white Yukon SUV was continuously... view full summary |
| 5. | McQuiggin v. Perkins did not apply to state post-conviction proceedings based on state law.
State v. Gerard Edwards, 2014-KP-1737 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4 Defendant filed an application for post-conviction relief, to which the State filed procedural
objections. The district co... view full summary |
| 6. | Defendant not entitled to retroactive application of Miller v. Alabama on collateral attack of sentence.
State v. Lawrence Jacobs, 2014-KP-1622 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4 Defendant was convicted of second degree murder and sentenced to life imprisonment without parole
eligibility based on acts committed ... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 7. | Shreveport City Court Judge suspended for thirty days.
In Re: Judge Sheva M. Sims, 2014-O-2515 (La. 03/17/15) [24 pp.]
From LSCR Volume 23, Issue 3 Judge Sheva Sims was elected to the Shreveport City Court in November 2011 and assumed office
the following month. One of the prosecut... view full summary |
| 8. | Justice of the peace ordered to pay fine for willfully failing to file financial statements after notice of noncompliance.
In Re: Justice of the Peace Lorne L. Landry, 2014-O-2335 (La. 03/17/15) [9 pp.]
From LSCR Volume 23, Issue 3 Supreme Court Rule XXXIX requires judges and justices of the peace to file annual financial
disclosure statements by May... view full summary |
| CONTRACTS
|
| 9. | Court reversed breach of employment contract verdict for plaintiff: there was insufficient evidence for a rational trier of fact to conclude the parties agreed to a five-year term of employment.
Michael O. Read v. Willwoods Community, 2014-C-1475 (La. 03/14/15) [17 pp.]
From LSCR Volume 23, Issue 3 Defendant, a non-profit corporation subject to the precepts of the Roman Catholic Church, provided
ministries in affordable housing, ... view full summary |
| EVIDENCE
|
| 10. | Admission of blood alcohol test into evidence does not require production of records of calibration of testing machine.
Joanne Ditcharo v. State of Louisiana, 2014-CC-2671 (La. 03/13/15) [1 p.]
From LSCR Volume 23, Issue 3 In this one-page opinion, the Court granted a supervisory writ to reiterate that nothing in La. R.S.
Section 13:3714(C) expressly requ... view full summary |
| TORTS
|
| 11. | Dismissal of criminal prosecution under art. 691 can constitute a bona fide termination of the prosecution in favor of the accused for purposes of malicious prosecution claim.
Scott D. Lemoine v. Elizabeth P. Wolfe, 2014-CQ-1546 (La. 03/17/15) [22 pp.]
From LSCR Volume 23, Issue 3 In this case, the Court answered a certified question from the U.S. Court of Appeals for the Fifth
Circuit. The facts, presented in a ... view full summary |
| CIVIL PROCEDURE
|
| 12. | Discovery must be served on all parties to constitute step in prosecution of case to avoid abandonment.
Bryon Guillory v. Pelican Real Estate, 2014-C-1539 (La. 03/17/15) [6 pp.]
From LSCR Volume 23, Issue 3 In 2008, plaintiffs filed suit arising from their purchase of a home. They named several defendants,
including the home's sellers; thr... view full summary |