| CIVIL PROCEDURE
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| 1. | Court revisits issue of service on state entity. John J. Hunter v. Louisiana State University Agricultural & Mechanical College, 2011-C-2841 (La. 03/09/12) [2 pp.] From LSCR Volume 20, Issue 3 Plaintiff allegedly was injured while visiting University Hospital in New Orleans when a guardrail
on an entrance ramp collapsed. ... view full summary |
| 2. | No abuse of discretion where district court excluded report from automobile's "black box." Emile David Laborde, II v. Shelter Mutual Insurance Company, 2012-CC-0074 (La. 03/09/12) [1 p.] From LSCR Volume 20, Issue 3 In this automobile accident case, an event data recorder or "black box" had been installed in the
vehicle by the manufacturer. Such a ... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 3. | Prohibited claims against school board employees include those based on acts of omission. Nakisha Credit v. Richland Parish School Board, 2011-C-1003 (La. 03/13/12) [21 pp.] From LSCR Volume 20, Issue 3 In 1999 high school students Breana Howard and Courtney McClain began fighting on a sidewalk
behind Rayville High School. Breana eithe... view full summary |
| CRIMINAL
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| 4. | Motion to suppress should have been denied given testimony of officers. State v. Tyrone Livas, 2012-KK-0294 (La. 03/09/12) [1 p.] From LSCR Volume 20, Issue 3 The district court held a hearing on defendant's motion to suppress. Officers testified that they
conducted a protective... view full summary |
| 5. | Defendant's statement in earlier arrest was admissible as to intent to distribute. State v. Bryan Hill, 2011-KK-2585 (La. 03/09/12) [2 pp.] From LSCR Volume 20, Issue 3 Defendant was arrested in March 2007 for possession of crack cocaine with intent to distribute. There
was evidence that during the... view full summary |
| 6. | Batson violations warranted reversal of armed robbery convictions and sentences. State v. Glen Dale Nelson, 2010-KO-1724 c/w State v. Melvin M. Goldman, 2010-KO-1726 (La. 03/13/12) [30 pp.] From LSCR Volume 20, Issue 3 This case resulted from the armed robbery of a high-stakes poker game in a mobile home. Three
masked men were called to the game... view full summary |
| 7. | Sixty year contractor fraud sentence reinstated. State v. John Colvin, 2011-K-1040 (La. 03/13/12) [10 pp.] From LSCR Volume 20, Issue 3 Defendant pleaded guilty to six counts of felony theft resulting from acts of contractor fraud
following Hurricane Kat... view full summary |
| 8. | Defendant waived error in number of jurors. State v. Aubrey Brown, 2011-K-1044 (La. 03/13/12) [7 pp.] From LSCR Volume 20, Issue 3 Defendant was charged by bill of information with one count of simple burglary of a religious
building and one count of... view full summary |
| 9. | Criminal proceedings against defense counsel did not result in conflict of interest in death penalty case. State v. Terrance Carter, 2010-KA-0614 (La. 01/24/12) [42 pp.] From LSCR Volume 20, Issue 2In 2006, defendant kidnapped five-year-old Corinthian Houston, the son of a woman who had ended
a romantic relationship with defendant. Defendant brought Corinthian to an abandoned house ... view full summary |
| 10. | Mistrial not warranted by officer's reference at trial to another crime by defendant. State v. Kenneth Barnes, 2012-KD-267 (La. 01/26/12) [2 pp.] From LSCR Volume 20, Issue 2While testifying at defendant's trial, a police officer referred to another crime committed by
defendant. The district court declared a mistrial. On the State's application, the Court i... view full summary |
| 11. | State could not deprive defendant of right to waive jury trial by requesting trial date less than forty-five days away. State v. Gerald Chinn, 2011-KK-2043 (La. 02/10/12) [19 pp.] From LSCR Volume 20, Issue 2 In September 2009, defendant was charged by bill of information with three counts of attempted first
degree murder and one count of aggravated criminal damage to property. The following year La. Co... view full summary |
| 12. | State met burden in habitual offender adjudication. State v. Torrey D. Brown, 2011-K-1656 (La. 02/10/12) [3 pp.] From LSCR Volume 20, Issue 2For a defendant to receive an enhanced penalty as a habitual offender under La. R.S. Section 15:529.1, the
State must prove the prior felony convictions and then prove that defendant is ... view full summary |