LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1596 through 1608
Archive of LSCR Articles

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

1.Volunteer firefighters not immune from tort suits against each other.
Rodney Champagne v. American Alternative Insurance Corp., 2012-CC-1697 (La. 03/19/13) [15 pp.]
From LSCR Volume 21, Issue 3

          Plaintiff, a volunteer firefighter with the Duson Volunteer Fire Department, was injured in 2010 while testing a water hose on a pumpe... view full summary
CONTRACTS

2.Joint operating agreement did not cover new leases.
Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 2012-C-2055 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3

          In 1972, three individuals entered into a joint operating agreement (JOA), a contract for the operation of a tract or leasehold for oi... view full summary
CRIMINAL

3.Sentencing hearing and reconsideration required for juvenile mandatory life sentence case.
State v. Darrius Williams, 2012-K-1723 (La. 03/08/13) [2 pp.]
From LSCR Volume 21, Issue 3

          Defendant committed second degree murder in 2008 when he was seventeen years old. He is serving a mandatory life sentence of imprisonm... view full summary
4.Defendant not entitled to have expert present during crime lab testing.
State v. David Hardy, 2013-KK-0301 (La. 03/15/13) [4 pp.]
From LSCR Volume 21, Issue 3

          Through an FBI Combined DNA Index System, defendant's genetic profile was linked to evidence in a May 1993 aggravated kidnapping ... view full summary
5.Court reverses ruling that sex offender registration requirements are unconstitutional as applied to those found not guilty by reason of insanity.
State v. Isaiah Overstreet, Jr., 2012-KA-1854 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3

          In 1993, respondent, then thirty-two years old, attempted to force his way into a Southeastern University dormitory room... view full summary
6.Vehicular homicide is a "crime of violence" under R.S. Section 14:2(B).
State v. Craig Oliphant, 2012-K-1176 (La. 03/19/13) [18 pp.]
From LSCR Volume 21, Issue 3

          While driving in a highly intoxicated state, defendant struck and killed a pedestrian. Defendant pled guilty to vehicular homicide. Th... view full summary
7.Second degree murder convictions set aside where district court erred in prohibiting defendant from back striking objectionable juror.
State v. Billy R. Lewis, 2012-K-1021 (La. 03/19/13) [19 pp.]
From LSCR Volume 21, Issue 3

          Defendant and a co-defendant were charged with two counts of first degree murder, stemming from the shooting deaths of Travis Webb and... view full summary
8.District court's refusal to allow back strike of potential juror was not harmless error; reversal of second degree murder conviction affirmed.
State v. Jeremy Patterson, 2012-K-2042 (La. 03/19/13) [9 pp.]
From LSCR Volume 21, Issue 3

          This case was consolidated for oral argument with State v. Lewis, above. Defendant was charged with second degree murder and pleaded n... view full summary
9.Court outlines criteria for evaluating prior convictions from foreign jurisdictions in habitual offender adjudications.
State v. Mazen Hamdan, 2012-KK-1986 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3

          In 2010, defendant was charged with possession of a firearm by a convicted felon. The bill of information stated def... view full summary
BAR / DISCIPLINARY / ETHICS

10.Statute withholding portion of dilatory judge's salary deemed unconstitutional.
Dionysia Prejean v. Robert T. Barousse, 2012-C-1177 (La. 01/29/13) [10 pp.]
From LSCR Volume 21, Issue 2

          Plaintiff is a party in a child custody proceeding pending in the 15th JDC. When the district court failed to render judgment in the m... view full summary
11.7th JDC Judge suspended for one year.
In Re: Judge Leo Boothe, 2012-O-1821 (La. 01/29/13) [46 pp.]
From LSCR Volume 21, Issue 2

          Judge Leo Boothe has served as district judge in the 7th JDC, Parishes of Catahoula and Concordia, since January 1, 1991. His most rec... view full summary
TORTS

12.R.S. Section 30:29 did not preclude recovery of excess remediation damages; summary judgment inappropriate as to successor status of defendant.
State v. Louisiana Land and Exploration Company, 2012-C-0884 (La. 01/30/13) [44 pp.]
From LSCR Volume 21, Issue 2

          Plaintiffs, the State and the Vermillion Parish School Board, filed suit against several defendants seeking damages and remediation... view full summary
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