LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1776 through 1788
Archive of LSCR Articles

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

1.Officer's retention of defendant's identification did not amount to seizure of defendant.
State v. Terrance A. Martin, 2011-K-0082 (La. 10/25/11) [14 pp.]
From LSCR Volume 19, Issue 10
In 2009, Officer Matthew Gibbs of the Calcasieu Parish Sheriff's Office walked into the Five Star convenience store in Moss Bluff, Louisiana. As he walked in, defendant was walking out. The men knew... view full summary
PROPERTY

2.Severed underground cable claim was governed by negligence principles.
MCI Communications Services, Inc. v. Wayne Hagan, 2011-CQ-1039 (La. 10/25/11) [12 pp.]
From LSCR Volume 19, Issue 10
This case presented a certified question from the U.S. Fifth Circuit Court of Appeals. In 1984, Illinois Central Gulf Railroad agreed to let plaintiff's predecessor install and operate a telecommuni... view full summary
STATE AND LOCAL GOVERNMENT

3.Local ban on Sunday liquor sales valid without local option election.
Silver Dollar Liquor, Inc. v. Red River Parish Police Jury, 2010-C-2776 (La. 09/07/11) [16 pp.]
From LSCR Volume 19, Issue 9
This case involves the interpretation of La. R.S. Sections 26:493 and 51:191. The former delegates to political subdivisions the power to regulate the sale of alcoholic beverages. The latter require... view full summary
CRIMINAL

4.Death sentence affirmed in home invasion murder.
State v. Felton Dejuan Dorsey, 2010-KA-0216 (La. 09/07/11) [57 pp.]
From LSCR Volume 19, Issue 9
In April 2006, 79-year-old Bobbie Prock (Ms. Prock), who is white, was the victim of a home invasion. Two men forced their way into her home with a gun, tied her to a chair, and rans... view full summary
5.Lewd comment to minor constituted attempted indecent behavior with a juvenile.
State v. Todd Andrew Jones, 1020-K-0762 (La. 09/07/11) [23 pp.]
From LSCR Volume 19, Issue 9
Defendant, a former Assistant Chief of Police for the Town of Lecompte who describes himself as bisexual, was charged with 2 counts of forcible rape under La. R.S. Section 14:42.1 and 1 count of ind... view full summary
6.Appeal of resentencing transferred back to Second Circuit: Court did not have exclusive appellate jurisdiction.
State v. Rodney Wayne Macon, 11-OK-1731 (La. 09/21/11) [2 pp.]
From LSCR Volume 19, Issue 9
Prior to July 1, 1982, defendant was convicted of aggravated rape and sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, for a crime that h... view full summary
7.Court remands for hearing regarding employment of counsel in death sentence matter.
State v. Michael Garcia, 2009-KA-1578 (La. 09/23/11) [4 pp.]
From LSCR Volume 19, Issue 9
Defendant was convicted of first degree murder in the death of Matthew Millican and sentenced to death. On direct appeal to the Court, defendant claimed, inter alia, that the simultaneous representa... view full summary
CONTRACTS

8.Five year peremptive period applied to claim against subcontractor.
Charles Ebinger v. Venus Construction Corp., 2010-C-2516 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
In 1995, plaintiffs contracted with defendant to build a home in Lafayette. They obtained a certificate of occupancy in April 1997. They filed suit in October 2003 under the New Home Warranty Act, L... view full summary
MEDICAL MALPRACTICE

9.Medical review panel opinion was inadmissible, but error was harmless.
Margie McGlothlin v. Christus St. Patrick Hospital, 2010-C-2775 (La. 07/01/11) [33 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was admitted to Christus St. Patrick Hospital for bilateral total knee replacement surgery in 1999. The surgery was successful, but her patella was dislocated during her stay in the rehabi... view full summary
TORTS

10.State employees may assert Jones Act claims against State.
Desi Fulmer v. State, 2010-C-2779 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was employed by the State of Louisiana, Department of Wildlife and Fisheries, and was assigned to the crew of a state-owned vessel in navigation. He allegedly sustained serious injuries to... view full summary
11.DOTD not liable in overturned backhoe case.
Lola Brooks v. State, 2010-C-1908 (La. 07/01/11) [19 pp.]
From LSCR Volume 19, Issue 7
Jesse Brooks, Jr. was employed as an operating engineer in an industrial area of St. Gabriel. He was driving a backhoe on the shoulder of Highway 30 to deliver it to another company a short distance... view full summary
BAR / DISCIPLINARY / ETHICS

12.Violations of financial disclosure requirement not willful and knowing.
In Re: Justice of the Peace Kevin J. Hoffman, 2011-O-0417 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
The Court recently promulgated Supreme Court Rule XXXIX, which requires for the first time the filing of annual personal financial disclosure statements by judges and justices of the peace. The rule... view full summary
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