LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1956 through 1968
Archive of LSCR Articles

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

1.Restitution order upheld in animal cruelty case.
State v. Janis Walder, 2009-K-2224 (La. 4/30/10) [2 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of 123 counts of cruelty to animals in violation of La. R.S. Section 14:102.1. As a condition of probation, the district court ordered defendant to pay restitution,including c... view full summary
2.Pending felony charge prohibited expungement of misdemeanor conviction.
State v. Gregory Carmen, 2009-K-1213 (La. 05/07/10) [1 p.]
From LSCR Volume 18, Issue 5
The district court set aside defendant's misdemeanor conviction and expunged his record after he successfully completed a period of probation under La. Code Crim. P. art. 894. The FirstCircuit affirm... view full summary
3."Plain smell" exception provides probable cause to search vehicle.
State v. Jamal Allen, 2010-KK-1016 (La. 05/07/10) [2 pp.]
From LSCR Volume 18, Issue 5
After officers lawfully stopped defendant's vehicle, they smelled the odor of marijuana emanating from the vehicle and observed the burnt ends of apparent marijuana cigarettes on theconsole of the ve... view full summary
4.Officer acted reasonably in entering one side of double residence whenresident of other side described defendant as armed trespasser selling drugs.
State v. Bruce Brown, 2009-KK-2456 (La. 05/11/10) [11 pp]
From LSCR Volume 18, Issue 5
. In April 2009, Officer Robert Barrere of the N.O.P.D. responded to a call from a concerned citizen. Officer Barrere arrived at 719-21 Philip Street and met the complainant, Patrina Brown, wholived o... view full summary
5.Conviction and death sentence affirmed for second time: defendant cannotmake suppression claim on appeal that was not made in district court motionto suppress.
State v. Jesse Jay Mentejo, 2006-KA-1807 (La. 05/11/10) [44 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of the first degree murder of Lewis Ferrari and sentenced to death by a St. Tammany Parish jury in 2005. In an earlier decision, the Court affirmed the conviction andsentence.... view full summary
6.Court finds no error in district court's Atkins ruling that defendant is notmentally retarded and affirms death sentence.
State v. James Dunn, 2001-KA-1635 (05/11/10) [41 pp.]
From LSCR Volume 18, Issue 5
Defendant was found guilty of first degree murder for the 1998 killings of Jacqueline Guillot Blanchard and Lisa Ann Dupuis in Napoleonville. Defendant and his 2 accomplices robbed theIberville Bank,... view full summary
7.Police instruction to defendant to remove his hands from his pockets did notconstitute seizure for purposes of Fourth Amendment.
State v. Richard Hamilton, 2009-KK-2205 (La. 05/11/10) [8 pp.]
From LSCR Volume 18, Issue 5
While monitoring an area of Claiborne Avenue that had seen a recent spike in batteries and robberies, N.O.P.D. officers Alex Brady and Thomas Clark saw defendant walk back and forth infront of a conv... view full summary
8.Uncle by marriage could be offender under aggravated incest statute.
State v. David Gilbert Ardoin, 2009-K-0578 (La. 05/11/10) [6 pp.]
From LSCR Volume 18, Issue 5
Pursuant to La. R.S. Section 14:78.1, defendant was found guilty of aggravated incest as a result of his sexual abuse of M.C., a 7 year old girl. M.C. had lived with defendant and his wife, Trina,sin... view full summary
9.District court judge ordered to testify at hearing on motion to recuse.
State v. Rogers LaCaze, 2009-KD-2472 (La. 05/12/10) [2 pp.]
From LSCR Volume 18, Issue 5
In the Criminal District Court for the Parish of Orleans, defendant filed a motion to recuse Judge Marullo from presiding over post-conviction relief proceedings. Judge White ordered JudgeMarullo to ... view full summary
10.Joint trial ordered for jointly indicted defendants.
State v. Edward Allen, 2010-KK-1134 (La. 05/19/10) [1 p.]
From LSCR Volume 18, Issue 5
The Court exercised its supervisory jurisdiction in this case emanating from Orleans Parish. In a one sentence opinion, citing La. Code Crim. P. art. 704, the Court concluded that the case didnot pre... view full summary
MEDICAL MALPRACTICE

11.Medical malpractice claim not prescribed; plaintiff filed suit within 1 yearof discovery of alleged malpractice.
Elizabeth Phoebe Williamson v. Dr. Thomas E. Hebert, 2010-CC-0071 (La. 04/05/10) [2 pp.]
From LSCR Volume 18, Issue 4
Defendant performed surgery on plaintiff in August 2000. Following surgery, plaintiff apprehended that something was wrong and consulted with 2 different doctors. Both assured her that her condition ... view full summary
TORTS

12.Court broadens class of plaintiffs who have standing under LUTPA.
Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-C-1633 (La. 04/23/10) [22 pp.]
From LSCR Volume 18, Issue 4
Cheramie Services, Inc. (Cheramie) supplies support personnel for offshore activities. It entered into a written contract with Shell Deepwater Production, Inc. (Shell) to furnish clerical support and... view full summary
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