| CRIMINAL
|
| 1. | Defendant's flight was factor justifying stop in low-crime area.
State v. Johnny Morgan, 2009-KK-2352 (La. 03/13/11) [17 pp.]
From LSCR Volume 19, Issue 3 Sergeant Greg Brown of the Baker Police Department was patrolling Groom Road at approximately
1:45 a.m. when he observed defendant in ... view full summary |
| 2. | Code of Governmental Ethics violation could be basis for malfeasance in office.
State v. Michael Petitto, 2010-K-0581 (La. 03/13/11) [20 pp.]
From LSCR Volume 19, Issue 3 Defendant, an elected member of the Tangipahoa Parish Council, was indicted on two counts of
malfeasance in office, in violation ... view full summary |
| 3. | False swearing statute does not require statement made under oath.
State v. James Deron Williams, 2010-KK-1514 (La. 03/15/11) [9 pp.]
From LSCR Volume 19, Issue 3 Defendant was involved in a fight at a service station in Zwolle, Louisiana. An off-duty Wildlife and
Fisheries agent broke up the fig... view full summary |
| 4. | Defendant could introduce evidence of mental retardation without limiting instruction.
State v. Isaiah Doyle, 2011-KK-597 (La. 03/23/11) [2 pp.]
From LSCR Volume 19, Issue 3 The Fifth Circuit ruled that defendant could introduce evidence of mental retardation or diminished
capacity at the guilt stage of tr... view full summary |
| INSURANCE
|
| 5. | "Automobile business" exclusion deemed against public policy and not enforceable.
Laurie Ann Sensebe v. Canal Indemnity Company, 2010-C-0703 (La. 01/28/11) [21 pp.]
From LSCR Volume 19, Issue 2 Plaintiff was driving in St. Tammany Parish when her vehicle was rear-ended by a pickup truck
owned by Gregory Hyneman and operated by... view full summary |
| MEDICAL MALPRACTICE
|
| 6. | Appeal court erred in reversing dismissal and remanding for Sibley hearing.
Patrick Russo v. Dr. Steven Kraus, 2010-C-2463 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2 In 1998 Janice Russo underwent a hysterectomy after a uterine cervix biopsy revealed moderate-
severe dysplasia without malignancy. Dr... view full summary |
| TORTS
|
| 7. | Riding of oil well pump was not a reasonably anticipated use.
Robbie Payne v. Brett Gardner, 2010-C-2627 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2 In 2004, 13-year-old Henry Goudeau climbed onto the moving pendulum of an oil well pump in rural
Rapides Parish and attempted to "ride... view full summary |
| CIVIL PROCEDURE
|
| 8. | Service of process not required in cause of action for wrongful conviction.
Gerald Burge v. State, 2010-C-2229 (La. 02/11/11) [6 pp.]
From LSCR Volume 19, Issue 2 In 1986 plaintiff was convicted of the murder of Douglas Frierson in the 22nd Judicial District Court
for the Parish of St. Tammany an... view full summary |
| 9. | No such thing as exception of no cause of action based on prematurity.
Daniel Moreno v. Entergy Corporation, 2010-C-2268 c/w 2010-C-2281 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2 Plaintiff was injured while working near an overhead power line in Jefferson Parish. He sued
numerous defendants, includ... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 10. | Statutory time limit for violation of use regulations trumped parish ordinance.
Parish of St. Charles v. Wanda Fontenot, 2010-C-2552 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2 In October 2007 the Parish of St. Charles, through the Department of Planning and Zoning, filed suit
against defendants, as owners ... view full summary |
| CRIMINAL
|
| 11. | No right to appointed counsel in discretionary review of traffic and petty misdemeanor convictions.
State v. Vincent M. Castillo, 2009-KK-1358 (La. 01/28/11) [13 pp.]
From LSCR Volume 19, Issue 2 Defendant was charged in First Parish Court for the Parish of Jefferson with speeding, driving with
a suspended license, and driving w... view full summary |
| 12. | Application for post-conviction relief not untimely.
State Ex. Rel. Leighton Hills v. State, 2010-KH-0168 (La. 02/11/11) [2 pp.]
From LSCR Volume 19, Issue 2 Petitioner filed an application for post-conviction relief, which the First Circuit dismissed as
untimely based on the tim... view full summary |