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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| STATE AND LOCAL GOVERNMENT
| | 1. | Attorneys fee award reduced in expropriation case. State v. Paul Henry Wagner, 10-C-0050 (La. 05/28/10) [2 pp.] From LSCR Volume 18, Issue 6 In connection with a road project, the Department of Transportation and Development (DOTD) expropriated land from defendant. As compensation, the DOTD deposited $85,080 into the registry of thedistri... view full summary | | CRIMINAL
| | 2. | Post-conviction claims may fit exception to time limit. State v. Antoine Williams, 2009-KH-1750 (La. 05/28/10) [2 pp.] From LSCR Volume 18, Issue 6 Article 930.8 of the Louisiana Code of Criminal Procedure provides that applications for post- conviction relief must be filed within 2 years of the time that a defendant's judgment of conviction bec... view full summary | | 3. | Termination of probation was improper. State v. Fouad Zeton, 2009-KP-1683 (La. 05/28/10) [2 pp.] From LSCR Volume 18, Issue 6 In this case, the district court granted defendant's motion to terminate his 3-year term of probation before defendant had completed state supervision on his executory term of imprisonment and before... view full summary | | 4. | Defendant was not detained during consensual search of residence. State v. Reginald Aites, 2010-KK-0667 (La. 05/28/10) [3 pp.] From LSCR Volume 18, Issue 6 On June 11, 2009, a Port Allen home was burglarized. Items stolen included a Belgium shotgun. Later that evening, the Chief of Police received an anonymous tip, telling him that he would find 2 young... view full summary | | 5. | Defendant entitled to transcript of voir dire for post-conviction claim. State v. Albert Bernard, 2009-KH-1552 (06/04/10) [1 p.] From LSCR Volume 18, Issue 6 In this brief opinion, the Court granted defendant's application for a supervisory writ in part. It explained that defendant had identified with reasonable specificity that his constitutional claims ... view full summary | | 6. | Motion to suppress denied where officers inevitably would have discoveredcontraband by lawful means. State v. Israel Flores, 2010-KK-0960 (La. 06/18/10) [3 pp.] From LSCR Volume 18, Issue 6 A confidential informant and a co-defendant informed a surveillance team that 30 pounds of marijuana were inside the residence at 5330 Venus Street in New Orleans. This information was conveyedto off... view full summary | | 7. | On rehearing, Court rejects argument that 2 justices should have recusedthemselves. State v. Lawrence Jacobs, 2009-K-1304 (La. 06/18/10) [3 pp.] From LSCR Volume 18, Issue 6 The Court granted rehearing in part as to its decision of April 5, 2010, reported in the April 2010 issue of Louisiana Supreme Court Reports. Defendant originally was convicted of first degree murder... view full summary | | 8. | Court deems prosecution timely. State v. Toney D. Baptiste, No. 2008-K-2468 (La. 06/23/10) [2 pp.] From LSCR Volume 18, Issue 6 On June 19, 2004, Plaquemines Parish issued an arrest warrant for defendant in the instant matter. Subsequently, defendant was incarcerated in St. Charles Parish on December 30, 2004, for a probation... view full summary | | CIVIL PROCEDURE
| | 9. | Tax sale declared invalid for lack of notice to property owners. Douglas A. Tietjen v. The City of Shreveport, 2009-C-2116 (La. 05/11/10) [10 pp.] From LSCR Volume 18, Issue 5 In 1985 Douglas and Dwight Tietjen purchased the property at 1017 Jordan Street in Shreveport. Tietjen Physical Therapy, Inc. operated at that location. In 1999, the Tietjens executeda collateral mor... view full summary | | ADMINISTRATIVE
| | 10. | Public Service Commission properly released customers from water service. Charles Hopkins DBA Old River Water Company v. Louisiana Public Service Commission, 2010-CA-0255 (La. 05/19/10) [5 pp.] From LSCR Volume 18, Issue 5 Old River Water Company is a sole proprietorship owned by Charles Hopkins and operated as a public utility providing water service to customers in Pointe Coupee Parish. In July and August2006 approxi... view full summary | | 11. | District court had subject matter jurisdiction in civil service appeal. Kalford K. Miazza v. City of Mandeville, 2010-C-0304 (La. 05/21/10) [1 p.] From LSCR Volume 18, Issue 5 Plaintiff, a permanent, classified civil service employee, was employed as a sergeant with the Mandeville Police Department. When plaintiff was not promoted to captain, he appealed thedecision to the... view full summary | | TAXATION
| | 12. | Racetrack and OTB sales tax exclusions were not affected by suspension oftax exemptions, but exclusions did not extend to slot machine facility. Harrah's Bossier City Investment Company, LLC v. Cynthia Bridges, 2009-C-1916 (05/11/10)[24 pp.] From LSCR Volume 18, Issue 5 The primary issue in the case was whether La. R.S. Sections 4:168 and 4:227 create tax "exemptions" which have been suspended by the leg... view full summary | View next 12 articles
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