LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1848 through 1860
Archive of LSCR Articles

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

1.No double jeopardy violation as to manslaughter and simple burglary convictions.
State v. Daniel L. Pegues, 2010-K-1626 (La. 02/18/11) [9 pp.]
From LSCR Volume 19, Issue 2

          In 2007 an off-duty deputy with the Calcasieu Parish Sheriff's Office was shot several times and killed while investigating a burglary... view full summary
2.Officers had probable cause to arrest vehicle passenger for drug offense.
State v. Shelvin Smith, 2011-KK-0312 (La. 02/21/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was arrested for a drug related offense after police observed a vehicle apparently trolling for drug buyers in hotel parking... view full summary
3.Court allowed evidence of prior unadjudicated juvenile act of attempted rape.
State v. Theo George, 2011-KK-0325 (La. 02/23/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was charged with forcible rape. He had committed a prior unadjudicated juvenile offense of attempted forcible rape. Defendan... view full summary
MEDICAL MALPRACTICE

4.Expert testimony was required to defeat summary judgment.
Sharon Shultz v. Janos Guoth, M.D., 2010-CC-0343 (La. 01/19/11) [18 pp.]
From LSCR Volume 19, Issue 1

          In November 2002, Leanne Brow, who was 15-years-old and 6 months pregnant, arrived at Oakdale Community Hospital complaining of severe... view full summary
TORTS

5.Employee's consent to DNA testing destroyed invasion of privacy claim.
Frank Tate v. Woman's Hospital Foundation, 2010-C-0425 (La. 01/19/11) [8 pp.]
From LSCR Volume 19, Issue 1

          Plaintiff was employed by defendant in its maintenance department. In 2006, one of his co-workers reported that someone had "put urine... view full summary
BAR/DISCIPLINARY/ETHICS

6.Court accepts Porteous's voluntary resignation from practice of law.
In Re: G. Thomas Porteous, Jr., 11-OB-0078 (La. 01/12/11) [1 p.]
From LSCR Volume 19, Issue 1

          On December 8, 2010, respondent was impeached and removed from his office as a federal judge. He petitioned to voluntarily resign ... view full summary
CONTRACTS

7.Court modifies prior opinion to reinstate wrongful seizure claim.
The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 01/14/11) [2 pp.]
From LSCR Volume 19, Issue 1

          In an opinion issued November 20, 2010 (see LSCR Vol. 18, No. 12, December 2010 issue), the Court reinstated the district court's summ... view full summary
STATE AND LOCAL GOVERNMENT

8.R.S. Section 26:583(C)(2) upheld: not a local or special law.
Deer Enterprises, LLC v. Parish Council of Washington Parish, 2010-CA-0671 (La. 01/19/11) [16 pp.]
From LSCR Volume 19, Issue 1

          Parishes and municipalities have the authority to hold local-option elections to prohibit the sale of alcohol within their political s... view full summary
9.Statute imposes time limit for motion picture investor tax credits.
Red Stick Studio Development, L.L.C. v. State of Louisiana, 2010-C-0193 (La. 01/19/11) [21 pp.]
From LSCR Volume 19, Issue 1

          Louisiana provides for certain motion picture investor tax credits, including tax credits for "State- certified infrastructure proje... view full summary
WORKERS' COMPENSATION

10.Injured worker furloughed after hurricane not entitled to benefits.
Emile Poissenot v. St. Bernard Parish Sheriff's Office, 2009-C-2793 (La. 01/09/11) [18 pp.]
From LSCR Volume 19, Issue 1

          Plaintiff was employed by the St. Bernard Parish Sheriff's Office (SBPSO) as a deputy sheriff at a juvenile detention center. In Septe... view full summary
11.Plaintiff's claim of unwitnessed injury not credible.
Kenneth Ardoin v. Firestone Polymers, LLC, 2010-C-0245 (01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1

          Plaintiff worked as a batch lab analyst for defendant. He was required to ride a bicycle to a reactor unit, climb 28 stairs, collect s... view full summary
12.Value of plaintiff's fringe benefits should not be included in weekly wage.
Ellis Hargrave v. State of Louisiana, 2010-C-1044 (La. 01/19/11) [12 pp.]
From LSCR Volume 19, Issue 1

          Plaintiff was employed by the State, through the Department of Transportation and Development (DOTD), as a mobile machine operator. He... view full summary
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