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'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 10In 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 10This 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 9This 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 9In 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 9Defendant, 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 9Prior 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 9Defendant 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 7In 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 7Plaintiff 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 7Plaintiff 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 7Jesse 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 7The 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 | View next 12 articles
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