LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1800 through 1812
Archive of LSCR Articles

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

1.Partial waiver of right to counsel was valid.
State v. John W. Mathieu, 2010-K-2421 (La. 07/01/11) [15 pp.]
From LSCR Volume 19, Issue 7
Defendant confronted his ex-wife in the parking lot of a Walgreens drug store in Gretna, forced her into her car while armed with a handgun, drove her to Mississippi, and returned to Gretna, where s... view full summary
2.20 year DWI sentence reinstated.
State v. Mervin Patrick White, 2010-K-1799 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
A state trooper found defendant slumped over the wheel of his truck on the Westbank Expressway in Gretna. The truck was running and in gear, but not moving forward because defendant's foot was press... view full summary
3.State's notice of intent to invoke firearms enhancement encompassed charged offense and responsive verdict.
State v. Donald J. Aaron, 2011-K-0307 (La. 06/24/11) [3 pp.]
From LSCR Volume 19, Issue 6
Defendant was charged with manslaughter after he shot a man who had parked in defendant's driveway. Defendant claimed the man had threatened to kill him. Before trial, the State expres... view full summary
4.Officer had probable cause to conduct warrantless vehicle search.
State v. Derrick Kirton, 2011-KK-1201 (La. 06/24/11) [4 pp.]
From LSCR Volume 19, Issue 6
Defendant was parked at a fast-food store, a location known for drug transactions. She repeatedly used her cell phone and looked about anxiously. She then drove 1? blocks away and pulled behind a pa... view full summary
CIVIL PROCEDURE

5.Application dismissed without prejudice in matter involving bankruptcy.
Tony Noto v. Kentwood Autoplaza, LLC, 07-CC-2221 (La. 06/17/11) [3 pp.]
From LSCR Volume 19, Issue 6
The district court denied plaintiff's motion for preliminary default against defendants, DaimlerChrysler Corporation and DaimlerChrysler Motors Corporation. After plaintiff filed an appli... view full summary
CONTRACTS

6.State's claim under bid law survived exception of no cause of action.
State v. Infinity Surety Agency, L.L.C., 2010-C-2264 (La. 05/20/11) [14 pp.]
From LSCR Volume 19, Issue 5
In May 2008, the State issued a project manual and bid specifications to remove and replace existing cabins at Bayou Segnette State Park in Westwego. The project manual required bids to be accompani... view full summary
MEDICAL MALPRACTICE

7.Fault reapportioned by court of appeal and Supreme Court.
Jonathon Johnson v. Morehouse General Hospital, 2010-C-0387 c/w 2010-C-0488 (La. 05/10/11) [54 pp.]
From LSCR Volume 19, Issue 5
On November 4, 1999, Dr. John Ziegler performed an emergency C-section at Morehouse General Hospital on Belinda Johnson, an insulin dependent diabetic who was approximately thirty-seven weeks pregna... view full summary
TORTS

8.Suit against immune statutory employer interrupted prescription as to third party tortfeasor.
Mitchell S. Glasgow v. PAR Minerals Corp., 2010-C-2011 (La. 05/10/11) [19 pp.]
From LSCR Volume 19, Issue 5
On September 27, 2007, plaintiff was injured in a fire at an oil well site. Prior to that time, PAR Minerals, Inc. had contracted with mineral owners to produce oil and gas at the site. PAR, in turn... view full summary
BAR / DISCIPLINARY / ETHICS

9.Justice of the Peace suspended for purporting to grant divorce.
In Re: Justice of the Peace Roger Adams, 2011-O-0121 (La. 05/10/11) [12 pp.]
From LSCR Volume 19, Issue 5
Over thirteen years ago, Roger Adams, who is not a lawyer, assumed the office of Justice of Peace, Ward 7, 12th District, Parish of Avoyelles. He served continuously since that time, save a prior 1... view full summary
INSURANCE

10.R.S. Section 22:1335 requires proof of mailing nonrenewal notice, not proof of receipt.
Janis Losey Johnson v. Louisiana Farm Bureau Casualty Ins. Co., 2011-C-0476 (La. 05/06/11) [3 pp.]
From LSCR Volume 19, Issue 5
Defendant issued a homeowner's insurance policy to plaintiff. The policy was due to expire July 10, 2007. Because plaintiff's house had become an unacceptable risk, defendant mailed a notice of nonr... view full summary
11.Parties could contract to prohibit post-loss assignment of rights under insurance policy.
In Re: Katrina Canal Breaches Litigation, 2010-CQ-1823 (La. 05/10/11) [14 pp.]
From LSCR Volume 19, Issue 5
To provide relief in the aftermath of Hurricanes Katrina and Rita, Congress appropriated federal funds to affected states. Louisiana distributed some of those funds via the "Road Home" program, whic... view full summary
PROPERTY

12.Ownership of disputed property determined by Civil Code art. 794.
Loutre Land & Timber Co. v. Wilton A. Roberts, 2010-C-2327 (La. 05/10/11) [11 pp.]
From LSCR Volume 19, Issue 5
This case involved a dispute over a tract of land between two contiguous pieces of property. The Marie Wilson Morgan family owned a tract described as the "Section 3 Tract." Directly south of that t... view full summary
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