LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1860 through 1872
Archive of LSCR Articles

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

1.District Court erred in finding no probable cause for arrest.
State v. Jason Dauzart, 2010-KK-2867 (La. 01/03/11) [1 p.]
From LSCR Volume 19, Issue 1

          Defendant was arrested for possession of a firearm as a convicted felon. The district court found no probable cause for arrest and gra... view full summary
2.Indigent defendant entitled to ex parte hearing on request for expert funds.
State v. Robert Carley, 2010-KD-2768 (La. 01/07/11) [1 p.]
From LSCR Volume 19, Issue 1

          An indigent defendant requested governmental funding to secure an expert. Defendant argued that he would be prejudiced by disclosing h... view full summary
3.Armed robbery of about $10 results in 99-year sentence for 4th offender.
State v. Edward Charles Jackson, 2009-K-2406 (La. 01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1

          Defendant was charged with armed robbery and possession of a firearm by a convicted felon. Evidence at his bench trial s... view full summary
4.Contractor fraud results in unauthorized use of movable conviction.
State v. Grady N. Greene, 2009-K-2723 (La. 01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1

          Defendant, a self-described contractor, came to New Orleans in March 2006 to take advantage of reconstruction opportunities following ... view full summary
5.Evidence suppressed where police entered house that was not abandoned.
State v. Ruben Carter, 10-KK-1340 (La. 01/19/11) [7 pp.]
From LSCR Volume 19, Issue 1

          Responding to a call from a concerned citizen, police officers were directed to 4234 St. Anthony Avenue in New Orleans. According ... view full summary
BAR / DISCIPLINARY / ETHICS

6.St. Bernard Parish judge sanctioned for failure to file financial disclosure statement.
In Re: Judge Jacques A. Sanborn, 2010-O-2051 (La. 11/30/10) [9 pp.]
From LSCR Volume 18, Issue 12
On March 26, 2008, the Court issued an order promulgating Supreme Court Rule XXXIX, requiring Louisiana judges and justices of the peace to file yearly financial disclosure statements which become p... view full summary
CIVIL PROCEDURE

7.Plaintiff asserted sufficient facts in petition to annul judgment.
Succession of Harrell v. Erris-Omega Plantation, 2010-C-2059 (La. 12/17/10) [1 p.]
From LSCR Volume 18, Issue 12
On April 20, 2009, the district court rendered judgment against plaintiff. Plaintiff then filed a petition to annul the judgment, which the district court denied. The Third Circuit affirmed. The Cou... view full summary
TORTS

8.Jury's damage awards reinstated.
James Lastrapes v. Progressive Security Insurance Company, 2010-C-0051 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
In November 2004 James Lastrapes was involved in an auto accident caused by Lessie Vizinat. He complained of neck pain 2 days later, saw his family physician, and began a regime of physical therapy ... view full summary
9.Vehicle sale was factual question subject to de novo review.
Mark Allerton v. Leslie Broussard, 2010-C-2071 (La. 12/10/10)[4 pp.]
From LSCR Volume 18, Issue 12
In October 2005, Leslie Broussard was driving a Ford Explorer when she crossed 2 lanes of traffic and struck plaintiff as he stood in a parking lot. Broussard left the scene, prompting an investigat... view full summary
CONTRACTS

10.Yield spread premium paid to mortgage broker not included in HOEPA calculation.
The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 11/30/10) [16 pp.]
From LSCR Volume 18, Issue 12
In 2001Kathleen Parnell executed an adjustable rate promissory note in the amount of $63,200 at an initial yearly interest rate of 12.65%. The note was secured by a mortgage on her home. The lender ... view full summary
INSURANCE

11.No manifest error in finding that notice was mailed.
Marsh Anthony Nolan v. Wilson Mabray, 2010-C-0373 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
On June 18, 2005, Marsh Nolan was struck by a bottle rocket launched by Wilson Mabray, the 19- year-old son of Pat and Sarah Mabray, who were divorced. Louisiana Farm Bureau Mutual Ins... view full summary
12.Class certification reversed in Katrina litigation.
Charles Dupree v. Lafayette Insurance Company, 2009-C-2602 (La. 11/30/10) [48 pp.]
From LSCR Volume 18, Issue 12
In this class action suit, the named representatives are residents of St. Bernard Parish whose homes were insured by defendant. Their petition alleged that although they experienced wind damage to ... view full summary
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