LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1524 through 1536
Archive of LSCR Articles

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

1.Troopers had reasonable suspicion to detain defendant at bus station based on information from first-time informant.
State v. Charles Carter, 2013-KK-1952 (La. 12/02/13) [10 pp.]
From LSCR Volume 21, Issue 12

          In April 2012, a Louisiana state trooper received a tip from a new and unnamed informant indicating defendant was on the way to Lake P... view full summary
2.Criminal statute prohibiting felons from possessing firearms did not violate defendant's right to bear arms under amendment to Louisiana Constitution.
State v. Glen P. Draughter, 2013-KA-0914 (La. 12/10/13) [19 pp.]
From LSCR Volume 21, Issue 12

          In 2011, defendant pled guilty to one count of attempted simple burglary and was sentenced to two years at hard labor, suspended, and ... view full summary
3.Crack cocaine sold by defendant could be identified solely by circumstantial evidence.
State v. Brandon Smith, 2012-K-2358 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          NOPD detective Daniel Hunter, acting on a tip from an informant, orchestrated a controlled purchase of crack cocaine from a house on S... view full summary
4.Detective had reasonable suspicion to detain defendant and others in Wal- Mart parking lot for "smurfing."
State v. Jason Todd Duhe, 2012-K-2677 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          In 2011, Detective Comeaux, who primarily investigated methamphetamine production and trafficking for the St. Tammany Parish ... view full summary
5.Miller v. Alabama does not apply retroactively in state collateral proceedings.
State v. Darryl Tate, 2012-OK-2763 (La. 11/05/13) [30 pp.]
From LSCR Volume 21, Issue 11

          In 1981, defendant, who was seventeen, pleaded guilty to second-degree murder, attempted first- degree murder, and armed robbery, whil... view full summary
6.Defendant not entitled to relief for allegedly excessive sentence.
State v. Willie Humphrey, 2013-OK-0481 (La. 11/08/13) [2 pp.]
From LSCR Volume 21, Issue 11

          Defendant filed a motion to correct illegal sentence, contending that the sentencing practices in 1976 resulted in a constitutionally ... view full summary
7.State not required to produce a particular type of evidence to prove defendant's identity under Habitual Offender Act.
State v. Vorris White, 2013-KK-1525 (La. 11/08/13) [5 pp.]
From LSCR Volume 21, Issue 11

          Defendant was convicted of one count of unauthorized use of a motor vehicle. The State filed a bill of information alleging he was a q... view full summary
8.Time period during which defendants were not under arrest not included in determining whether constitutional right to speedy trial was violated.
State v. Timothy L. Mathews, 2013-K-0525 (La. 11/15/13) [5 pp.]
From LSCR Volume 21, Issue 11

          Based on offenses that occurred in June 2008, four defendants were charged the next month with, inter alia, possession with intent to ... view full summary
9.Defendant should have been allowed to withdraw Alford guilty plea.
State v. Rico Jackson, 2013-KK-1409 (La. 11/15/13) [2 pp.]
From LSCR Volume 21, Issue 11

          In the district court, defendant maintained his innocence but pleaded guilty pursuant to North Carolina v. Alford, 400 U.S... view full summary
SUCCESSIONS

10.Court recalls writ in case alleging breach of duty by independent executor.
Steven M. Davis v. Elmer E. Prescott, III, 2013-C-0669 (La. 11/05/13) [7 pp.]
From LSCR Volume 21, Issue 11

          Edward Thomas Davis died in 2006, leaving five surviving children, including plaintiff, to inherit a tract of immovable property in Cl... view full summary
ADMINISTRATIVE

11.Civil Service Commission properly determined that administrative investigation of police officer's conduct was concluded timely.
Patrick O'Hern v. New Orleans Police Department, 2013-C-1416 (La. 11/08/13) [8 pp.]
From LSCR Volume 21, Issue 11

          Plaintiff was employed as an officer with the New Orleans Police Department (NOPD). While on duty on December 12, 2009, he left his pa... view full summary
BAR / DISCIPLINARY / ETHICS

12.Court orders disbarment where attorney converted funds owed to clients' medical providers.
In Re: LaShanda M. Robinson, 2013-B-1924 (La. 11/15/13) [14 pp.]
From LSCR Volume 21, Issue 11

          This attorney disciplinary matter was instituted when two sets of formal charges were filed against respondent by the Office of Discip... view full summary
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