Archive of LSCR Articles
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| WORKERS' COMPENSATION
| | 1. | Crain Brothers conditions cannot be imposed without a showing that they are reasonably necessary to rectify a dispute concerning the work of the vocational rehabilitation counselor.
Ellis Hargrave v. State of Louisiana, 2012-C-0341 (La. 10/16/12) [21 pp.]
From LSCR Volume 20, Issue 10 Plaintiff slipped and fell in the course of his employment with the Louisiana Department of
Transportation and Developme... view full summary | | CRIMINAL
| | 2. | Convictions and death sentences affirmed for defendant who murdered wife and five-year-old son.
State v. James C. Magee, 2011-KA-0574 (La. 09/28/12) [78 pp.]
From LSCR Volume 20, Issue 10 Defendant and his wife, Adrienne, were married in 1998 and had three children. Troubles in their
relationship came to a head in late 2... view full summary | | 3. | Sentencing hearing and reconsideration required for juvenile mandatory life sentence cases.
State v. Emerson Simmons, 2011-KP-1810 (La. 10/12/12) [2 pp.]
From LSCR Volume 20, Issue 10 Defendant committed second degree murder in 1995 when he was seventeen years old. He is serving
a mandatory life sentence of imprisonm... view full summary | | 4. | Evidence sufficient to find "entry" into residence for purposes of burglary, although defendant did not step into residence.
State v. Jerome Bryant, 2012-K-0233 (La. 10/16/12) [16 pp.]
From LSCR Volume 20, Issue 10 In February 2005, Jason Goetz was at his Shreveport home with his two-year-old daughter. He heard
a noise at the french doors at the b... view full summary | | 5. | Criminally negligent lack of supervision of child who died in fire could not supply direct act required for mother's second degree murder conviction.
State v. Santonia Small, 2011-K-2796 (La. 10/16/12) [33 pp.]
From LSCR Volume 20, Issue 10 On January 20, 2008, defendant left her daughter and son, ages six and seven, alone in their second-
story apartment while she wen... view full summary | | 6. | "Second violation" of DWI statute requires conviction, not mere arrest.
Jade Boudreaux v. Louisiana Department of Public Safety and Corrections, 2012-C-0239 (La. 10/16/12) [11 pp.]
From LSCR Volume 20, Issue 10 In September 2007, plaintiff was arrested for operating a vehicle while intoxicated. He completed
a pre-trial intervention program, an... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 7. | Bar admission denied although petitioner completed pre-trial diversion program and was not convicted of felony.
In Re: Philip R. Pilie, 2012-OB-1846 (La. 09/28/12) [4 pp.]
From LSCR Volume 20, Issue 9 Petitioner, a 2007 graduate of a Georgia law school, applied to sit for the July 2007 Louisiana bar
exam. In June 2007, he made intern... view full summary | | TORTS
| | 8. | Summary judgment appropriate: plaintiff failed to present evidence that her slip and fall was due to defect in premises.
Leila Mansoor v. Jazz Casino Company, LLC d/b/a Harrah's New Orleans, 2012-CC-1546 (La. 09/21/12) [2 pp.]
From LSCR Volume 20, Issue 9 Plaintiff alleged that, while on defendant's premises, she tripped and was injured. During discovery,
she admitted she did not know wh... view full summary | | 9. | Dismissal of defamation claim warranted: plaintiff presented no evidence of malice or lack of good faith.
Phil Williams v. The New Orleans Ernest N. Morial Convention Center, 2012-CC-1201 (La. 09/21/12) [2 pp.]
From LSCR Volume 20, Issue 9 Plaintiff was employed as a carpenter by Freeman Decorating. He was involved in a scuffle with his
supervisor while working at the Ern... view full summary | | WORKERS' COMPENSATION
| | 10. | Summary judgment for employer warranted: wrongful death plaintiff produced no evidence that employer knew death was substantially certain to occur.
Deanna Moreau v. Moreau's Material Yard, 2012-CC-1096 (La. 09/21/12) [3 pp.]
From LSCR Volume 20, Issue 9 Plaintiff's husband was working for defendant when a crane toppled over and trapped him
underneath, killing him. Plaintif... view full summary | | CRIMINAL
| | 11. | Court reasserts holding that district court cannot consider constitutionality of jury trial waiver provision sua sponte.
State v. Sharoy Camese, 2011-KA-2534 (La. 09/12/12) [4 pp.]
From LSCR Volume 20, Issue 9 Defendant was charged with distribution of cocaine and waived her right to a jury trial. More than
two months later, she sought to wit... view full summary | | 12. | Petition to reduce period of sex offender's registration must be filed in parish of conviction.
Alton J. Boutte, Jr. v. State of Louisiana, 2012-CC-1239 (La. 09/28/12) [2 pp.]
From LSCR Volume 20, Issue 9 Under La. R.S. Section 15:544(D)(1), an offender may seek to reduce his period of registration as a sex
offender by filing a petition ... view full summary |
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