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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| DOMESTIC RELATIONS
| | 1. | De novo review of relocation request not warranted even though district court did not expressly consider each factor of Section 9:355.12.
Robert Malcolm Gathen v. Vanessa K. Gathen, 2010-CJ-2312 (La. 05/10/11) [30 pp.]
From LSCR Volume 19, Issue 5Robert and Vanessa Gathen met in the state of Washington and were married in California in 1996.
After their first child was born in 1997, they moved to Thibodaux, where Robert's family resided. The... view full summary | | CRIMINAL
| | 2. | State had power to file second bill of information after continuance was denied.
State v. Alvin King, 2010-K-2638 (La. 05/06/11) [10 pp.]
From LSCR Volume 19, Issue 5 Defendant was charged with issuing worthless checks by a bill of information filed in March 2008.
Trial was scheduled for March 23, 2009. On that date, the State moved for a continuance because it ... view full summary | | 3. | Gun under driver's thigh could be basis of passenger's firearms charge.
State v. Mark Rainey, 2011-KK-0569 (La. 05/06/11) [2 pp.]
From LSCR Volume 19, Issue 5Defendant was a passenger in a vehicle during a traffic stop. Police witnessed him abruptly move
his arm from the driver to the passenger side of the car. A firearm was found under the driver's righ... view full summary | | 4. | In 25-year-old direct appeal of death sentence, Court remands for evidentiary hearing on claim of ineffective assistance during penalty phase.
State v. Thomas Sparks Jr. a/k/a Abdullah Hakim El-Mumit, 1988-KA-0017 (La. 05/10/11) [93 pp.]
From LSCR Volume 19, Issue 5In 1984, defendant robbed a bank in New Orleans. The next day, he was driving from Amite to
Hammond when he observed a marked police car behind him. He pulled into the parking lot of a restaurant, a... view full summary | | EVIDENCE
| | 5. | Jury shield withstood criminal conduct by juror during trial recess.
State v. Bobby Ray Ingram, 2010-K-2274 (La. 03/25/11) [14 pp.]
From LSCR Volume 19, Issue 4 A jury convicted defendant of manslaughter for shooting his ex-wife, Kimberly. The couple had three
children and had been married for ... view full summary | | INSURANCE
| | 6. | Court issues nearly 200 page opinion in suit brought by insurance commissioner regarding sale of HMOs.
J. Robert Wooley v. Thomas S. Lucksinger, No. 2009-C-0584 c/w 2009-C-0585 c/w 2009-C-0586 (La. 04/01/11) [200 pp.]
From LSCR Volume 19, Issue 4 Health Net, Inc. was the owner of three health maintenance organizations (HMOs) in Louisiana,
Oklahoma, and Texas. Because the HMOs we... view full summary | | CIVIL PROCEDURE
| | 7. | Lack of majority opinion from court of appeal resulted in remand for en banc review.
Joe Oliver v. Magnolia Clinic, 2010-C-2766 c/w 2010-C-2782 c/w 2010-C-2785 (La. 03/25/11) [1 p.]
From LSCR Volume 19, Issue 4 The Court issued a very brief order indicating a decree issued by the Third Circuit in this case did
not reflect a majority judgment o... view full summary | | 8. | Failure to serve defendant within ninety days resulted in dismissal.
George Igbinoghene v. St. Paul Travelers Ins. Co., 2011-CC-0124 (La. 04/01/11) [2 pp.]
From LSCR Volume 19, Issue 4 La. Code of Civ. Proc. art. 1201(C) requires that service be requested within ninety days of the filing
of a petition. Plaintiffs ... view full summary | | WORKERS' COMPENSATION
| | 9. | Appeal court erred in ruling sua sponte without allowing for briefing.
Carrie Burse Merrill v. Greyhound Lines, Inc., 1020-C-2827 (La. 04/29/11) [3 pp.]
From LSCR Volume 19, Issue 4 Plaintiff, a bus driver, filed a compensation claim against defendant, her employer, seeking indemnity
benefits as a result of a work-... view full summary | | CRIMINAL
| | 10. | Disqualification of prosecutor not justified.
State v. Brett Ward, 2011-KK-0438 (La. 04/25/11) [2 pp.]
From LSCR Volume 19, Issue 4 The assistant attorney general prosecuting this case interviewed the victim on one occasion without
an investigator present. Defendant... view full summary | | 11. | Marijuana seizure justified by plain view exception to warrant requirement.
State v. Matthew Arnold, 2011-KK-0626 (La. 04/27/11) [2 pp.]
From LSCR Volume 19, Issue 4 After arresting defendant for a traffic violation, an officer entered defendant's vehicle to secure it
by rolling up the windows and t... view full summary | | 12. | Police conduct justified; automobile inventory search upheld.
State v. Sandra Welch, 2011-KK-0274, (04/29/11) [2 pp.]
From LSCR Volume 19, Issue 4 Defendant's husband was arrested for possession of methamphetamine and freely offered statements
implicating defendant, who had fled. ... view full summary |
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