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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| CRIMINAL
| | 1. | Officer lawfully searched and questioned defendant walking in the middle of lane of traffic.
State v. Kevin Green, 2011-KK-2425 (La. 02/10/12) [4 pp.]
From LSCR Volume 20, Issue 2A police officer observed defendant walking in the middle of the right hand lane of a major
thoroughfare in New Orleans, forcing traffic to move into the left lane. The officer stopp... view full summary | | BAR/DISCIPLINARY/ETHICS
| | 2. | Judge publicly censured after assisting niece to obtain protective order in domestic dispute.
In Re: Judge Robert E. Burgess, 2011-O-2182 (La. 01/24/12) [14 pp.]
From LSCR Volume 20, Issue 1 Judge Robert E. Burgess of the 42nd Judicial District, Parish of DeSoto, attempted to assist his niece,
who was involved in a divorce proceeding, to obtain a protective order against her husband in... view full summary | | 3. | Justice of the Peace publicly censured for misconduct in notarizing act of donation of land to son.
In Re: Justice of the Peace Herbert G. Williams, Jr., 2011-O-2243 (La. 01/24/12) [13 pp.]
From LSCR Volume 20, Issue 1Herbert G. Williams, Jr. is a Justice of the Peace for the Parish of Plaquemines. As an ex officio
notary public by virtue of his position, he notarized an act of donation on February ... view full summary | | TORTS
| | 4. | Deviation in sidewalk did not create unreasonable risk of harm.
Arlene Chambers v. Village of Moreauville, 2011-C-898 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1In 2008, plaintiff was walking home from a funeral when she tripped and fell because her boot
caught a one-and-one-quarter to one-and-one-half inch ledge in the sidewalk. She sustained a comminuted ... view full summary | | CIVIL PROCEDURE
| | 5. | Act of correction could be used to correct erroneous cancellation of mortgage in public records.
First National Bank, USA v. DDS Construction, LLC, 2011-C-1418 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1In January 2006, DDS Construction, Inc. granted First National Bank a Construction Mortgage over
individual lots in Homewood Place subdivision, which DDS was developing in Reserve. The Construction ... view full summary | | 6. | Commencement of peremptive periods for legal malpractice cannot be suspended by continuous representation rule.
Laurie Jenkins v. Larry G. Starns, 2011-C-1170 (La. 01/24/12) [32 pp.]
From LSCR Volume 20, Issue 1In this case, plaintiff sued defendant, her former attorney, for malpractice. A contractor had agreed
to construct a metal building for plaintiff. After the building was completed, issues arose rega... view full summary | | STATE AND LOCAL GOVERNMENT
| | 7. | Tobacco Tax Law imposed excise tax on distributer of smokeless tobacco products.
McLane Southern, Inc. v. Cynthia Bridges, 2011-C-1141 (La. 01/24/12) [14 pp.]
From LSCR Volume 20, Issue 1Plaintiff, located in Mississippi, is a wholesale seller of smokeless tobacco products to retail
establishments in Louisiana. Manufacturers sell the smokeless tobacco products to their ... view full summary | | 8. | Political subdivision cannot waive prohibition against jury trials on case-by- case basis; vicariously liable insurer not entitled to separate trial by jury.
Dr. Kaleem Arshad v. The City of Kenner, 2011-CC-1579 c/w 2011-CC-1814 (La. 01/24/12) [27 pp.]
From LSCR Volume 20, Issue 1In 2008, plaintiffs filed suit against the City of Kenner, the Kenner Police Department, the Kenner
Chief of Police, several police officers, and the City's liability insurers. Plaintiffs alleged of... view full summary | | WORKERS' COMPENSATION
| | 9. | Employee not entitled to recover payments made by Medicaid or amount written off by Medicaid providers.
Jerry Wayne Benoit v. Turner Industries Group, L.L.C., 2011-C-1130 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1In this workers' compensation case, plaintiff sought indemnity benefits and medical expenses from
his employer, Turner Industries Group, L.L.C. He alleged he developed acute myeloid leukemia during ... view full summary | | CRIMINAL
| | 10. | Court upheld pre-amendment version of statute allowing crime lab reports in lieu of live testimony.
State v. Dion P. Simmons, 2011-K-1280 (La. 01/20/12) [8 pp.]
From LSCR Volume 20, Issue 1New Orleans police officers arrested defendant after seeing him discard what a crime lab later
determined were fourteen individually wrapped rocks of cocaine. He was charged with posse... view full summary | | 11. | Court could not consider constitutionality of jury trial waiver provision in Louisiana Constitution sua sponte.
State v. Timothy Bazile, 2011-KK-2201 (La. 01/24/12) [10 pp.]
From LSCR Volume 20, Issue 1To prevent perceived abusive practices by defendants in criminal cases exercising waivers of jury
trials to disrupt trial schedules, the Legislature proposed and voters approved La. Const. art. I, S... view full summary | | 12. | Amendments to sex offender registry provisions during multiple offender's ten year registration period imposed lifetime registration requirement.
Jimmy L. Smith v. State of Louisiana, 2010-C-1140 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1In 1995 defendant, then nineteen, had sex with a female who was under the age of seventeen in the
back of a truck while a friend drove them from East Baton Rouge Parish to East Feliciana Parish. Def... view full summary |
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