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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| STATE AND LOCAL GOVERNMENT
| | 1. | Statutes affecting Louisiana High School Athletic Association struck down as unconstitutional. Louisiana High School Athletics Association, Inc. v. State, 2012-CA-1471 (La. 01/29/13) [42 pp.] From LSCR Volume 21, Issue 2 In 1920 the Louisiana High School Athletics Association (LHSAA) was organized by a group of
principals. It operated as an unincorporat... view full summary | | 2. | The State has plenary power to prohibit convicted felons from taking office, without regard to time delays of Election Code. State v. Tony J. Gibson, 2012-C-1145 (La. 01/29/13) [15 pp.] From LSCR Volume 21, Issue 2 Article I, Section 10 of the Louisiana Constitution prohibits a convicted felon from qualifying for or taking
public office unless ... view full summary | | TAXATION
| | 3. | In tax collection proceeding, application for rehearing did not extend deadline for writ application; delay for suspensive appeal ran from rendition of judgment, not mailing of notice. Caldwell Parish School Board v. Louisiana Machinery Rentals, L.L.C., 2012-C-1383 c/w 2012-C-1762 (La. 01/29/13) [15 pp.] From LSCR Volume 21, Issue 2 Pursuant to Louisiana Constitution art. VII, Section 3(B), the Concordia Parish School Board (the
Collector) is the singl... view full summary | | CRIMINAL
| | 4. | Prosecutorial misconduct by Bodenheimer did not warrant vacating defendant's death sentence. State v. Manuel Ortiz, 2011-KP-2799 (La. 01/29/13) [17 pp.] From LSCR Volume 21, Issue 2 In 1995, defendant was convicted of first degree murder for the killing of his wife, Tracie Williams,
in a murder-for-hire scheme moti... view full summary | | CIVIL PROCEDURE
| | 5. | Request for service was made by fax within ninety days, despite payment of filing fee after ninety days. Brenda Morales v. State through Board of Supervisors of LSU through Earl K. Long Medical Center, 2012-C-2301 (La. 01/11/13) [2 pp.] From LSCR Volume 21, Issue 1 When the State is named as a defendant in a suit, La. R.S. Section 13:5107(D) requires that service be
requested within ninety days of... view full summary | | 6. | Pro se plaintiff's case abandoned despite lack of knowledge of rule and informal settlement negotiations. Food Perfect, Inc., Barreca's Restaurant v. United Fire and Casualty Co., 2012-CC-2492 (La. 01/18/13) [3 pp.] From LSCR Volume 21, Issue 1 The last activity on the record in this case was on June 4, 2008. After that time, the pro se plaintiff
met with defendant's represent... view full summary | | INSURANCE
| | 7. | Rejection of UM coverage was valid even though rejection line on form was initialed after form was signed. Edward Morrison v. USAA Casualty Insurance Company, 2012-CC-2334 (La. 01/11/13) [5 pp.] From LSCR Volume 21, Issue 1 In this case, a representative of the insured attempted to reject uninsured motorist (UM) coverage
on behalf of the insured. Although ... view full summary | | JUVENILE
| | 8. | Investigatory stop of apparent juveniles in vehicle was reasonable. State in the Interest of C.S., 2012-CK-1376 (La. 01/11/13) [3 pp.] From LSCR Volume 21, Issue 1 Officers observed defendant and two other people sitting in a parked vehicle and speaking to a
female who was standing outside. None... view full summary | | CRIMINAL
| | 9. | Fifth Amendment privilege irrelevant to admissibility of defendant's prior conviction. State v. Travis Henderson, 2012-KK-2422 (La. 01/04/13) [4 pp.] From LSCR Volume 21, Issue 1 The State sought to introduce evidence of defendant's earlier 1999 conviction for armed robbery,
attempted armed robbery, and first de... view full summary | | 10. | Sentencing hearing and reconsideration required for juvenile mandatory life sentence case. State ex rel. Albert Landry v. State, 2011-KH-0796 (La. 01/18/13) [2 pp.] From LSCR Volume 21, Issue 1 Defendant committed second degree murder in 1976 when he was seventeen years old. He is serving
a mandatory life sentence of imprisonm... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 11. | Firm employing former assistant D.A. disqualified from representing defendant. State v. Shannon Clausen, 2012-KK-2167 (La. 12/14/12) [4 pp.]. From LSCR Volume 20, Issue 12
In April 2011, defendant was charged in Orleans Parish with armed robbery and possession of a
firearm while in possession of ... view full summary | | MEDICAL MALPRACTICE
| | 12. | Date of actual dismissal of request for medical review panel, not notice of dismissal, commences ninety-day grace period of Section 40:1299.47(A)(2)(c). Gloria Turner v. Willis Knighton Medical Center, 2012-C-0703 c/w 2012-C-0742 (La. 12/04/12) [14 pp.] From LSCR Volume 20, Issue 12 On August 20, 2008, James Turner died, allegedly from negligent treatment by doctors at Willis
Knighton Medical Center, where he had... view full summary | View next 12 articles
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