Archive of LSCR Articles
Showing entire archive, newest articles first. Articles date back to September 2001. | Jump to a direct Volume/Issue
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| CONSTITUTIONAL LAW
| | 1. | First Amendment conduct not implicated by statute pertaining to unauthorized participation in medical assistance programs.
State v. Micah Smith, 2013-KA-2318 (La. 01/28/14) [13 pp.]
From LSCR Volume 22, Issue 1 Based on various allegations of fraud and misconduct, defendant was excluded from participating
in medical assistance programs through... view full summary | | JUVENILE
| | 2. | Delinquency adjudication hearing could be held outside of thirty-day time limit.
State in the Interest of D.J., 2013-CK-1111 (01/10/14) [2 pp.]
From LSCR Volume 22, Issue 1 La. Chil. Code art. 877(A) sets forth time limitations for delinquency adjudication hearings,
providing: "If the child is ... view full summary | | CRIMINAL
| | 3. | Despite acquittal, district court properly denied motion to expunge arrest record.
State v. Karen Gettridge, 2013-OK-1261 (La. 01/10/14) [2 pp.]
From LSCR Volume 22, Issue 1 After defendant was acquitted of charges brought against her, she moved to expunge her arrest
record. The district co... view full summary | | 4. | Incest conviction upheld where defendant did not object at trial to claimed confrontation clause violation.
State v. Joshua Vallo, 2013-K-1369 (La. 01/10/14) [4 pp.]
From LSCR Volume 22, Issue 1 Defendant was charged with aggravated incest, the victim being his eight-year-old stepdaughter. At
trial, the State introduced a video... view full summary | | 5. | Defendant not entitled to rely on statutory amendments regarding defensive use of deadly force.
State v. Robert Wilkins, 2013-KK-2539 (La. 01/15/14) [3 pp.]
From LSCR Volume 22, Issue 1 In this case, defendant was charged with second-degree murder based on events in 2004. As a
defense, he contended the k... view full summary | | 6. | State had standing to oppose issuance of subpoenas regarding victim's medical, educational, and social security records.
State v. Ray Boudreaux, 2013-KK-2732 (La. 01/17/14) [5 pp.]
From LSCR Volume 22, Issue 1 In this criminal case, defendant sought subpoenas duces tecum for: (1) the medical, educational, and
social security records of Keith ... view full summary | | CONTRACTS
| | 7. | Party who deceptively altered agreement convicted of forgery and filing false public record.
State v. Gerald J. Bourgeois, 2013-K-0606 c/w 2013-K-0609 (La. 12/06/13) [12 pp.]
From LSCR Volume 21, Issue 12 1102 North Highway 190, LLC ("1102") obtained a $2.8 million loan in return for a promissory note
executed by 1102 and personally... view full summary | | 8. | Member of home builder LLC not personally liable for construction defects although he personally performed and failed to supervise substandard work.
Mary P. Ogea v. Travis Merritt, 2013-C-1085 (La. 12/10/13) [32 pp.]
From LSCR Volume 21, Issue 12 Plaintiff entered into an agreement with Merritt Construction, LLC, by which the company was to
build a home for her on an undeveloped... view full summary | | MEDICAL MALPRACTICE
| | 9. | Court of appeal erred in reversing defense verdict based on lack of informed consent.
Clyde Snider, Jr. v. Louisiana Medical Mutual Insurance Co., 2013-C-0579 (La. 12/10/13) [25 pp.]
From LSCR Volume 21, Issue 12 In May 2007, plaintiff, then almost twenty-seven, was diagnosed with coronary artery disease and
acute coronary syndrome and treated w... view full summary | | CIVIL PROCEDURE
| | 10. | Third party defendant could not object to venue despite forum selection clause purporting to mandate jurisdiction in Texas.
Benjamin G. Fidelak v. Holmes European Motors, LLC, 2013-C-0691 (La. 12/10/13) [12 pp.]
From LSCR Volume 21, Issue 12 Plaintiffs filed a petition for damages in Caddo Parish against Foreign & Classic Auto Centre, Inc.,
an independent shop in Shreve... view full summary | | 11. | New Home Warrant Act's five-year peremptive period applied to plaintiff's claim for failed wall system.
Barbara Shaw v. Acadian Builders, 2013-C-0397 (La. 12/10/13) [15 pp.]
From LSCR Volume 21, Issue 12 In September 2005, defendant sold a two-story, 3700 square foot home that it had built in Pelican
Point subdivision in Ascension Paris... view full summary | | CRIMINAL
| | 12. | Defendant's possession of Butalbital was not criminal.
State v. Sidney Williams, III, 2013-K-1226 (La. 12/02/13) [1 p.]
From LSCR Volume 21, Issue 12 Defendant was convicted of, inter alia, possession of Butalbital. On appeal, he challenged the
sufficiency of the evidenc... view full summary |
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