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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| CRIMINAL
| | 1. | Guilty plea that had been set aside could not be considered in habitualoffender adjudication.
State v. Kenneth Singleton, 2009-KP-1269 (La. 04/23/10) [2 pp.]
From LSCR Volume 18, Issue 4 In 1995, in a previous case, defendant pled guilty to criminal charges. The district court set aside the plea in 2007, and the State did not seek review of that ruling. Several months later, the Stat... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 2. | Disbarment ordered for former district court judge previously removed from office for judicial misconduct.
In Re: Craig Hunter King, 2009-B-1560 (La. 01/08/10) [9 pp.]
From LSCR Volume 18, Issue 1 While serving as a district judge of Orleans Parish Civil District Court, respondent personally solicited campaign contributions and req... view full summary | | JUVENILE
| | 3. | Parent not entitled to 5 day notice prior to trial to terminate parental rights.
State in the Interest of H.M.D. and J.J.W., 2009-CJ-2373 (La.01/08/10) [3 pp.]
From LSCR Volume 18, Issue 1
The State, through the Department of Social Services, Office of Community Services (OCS),
filed a petition for termination of J.D.'s parental rights to her two minor children. J.D. and her counsel... view full summary | | CRIMINAL
| | 4. | Consensual encounter with police officer does not rise to the level of a seizure or even an investigatory stop.
State v. Christina Herrera, 2009-KK-1783 (La. 12/18/09) [2 pp.]
From LSCR Volume 18, Issue 1
Defendant had walked toward a police officer on a train station platform. The officer
identified himself, displayed his badge, and asked defendant if she would voluntarily speak with him. She free... view full summary | | 5. | Release from prison effectively corrected illegal condition of sentence.
State v. Ronald Carlisle, 2009-KP-0474 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Pursuant to a plea bargain, defendant was sentenced to a term of incarceration exceeding 60
days. Contrary to the Court's holding in State v. Mayeaux, 01-3195 (La. 6/21/02), 820 So.2d 526, defenda... view full summary | | 6. | Brady claim fails because evidence allegedly withheld could not satisfy materiality standard.
State v. Emile Matthews, 2009-KP-493 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Relying on Brady v. Maryland, 373 U.S. 83 (1962), defendant alleged that the State did not
turn over a statement in which a witness purportedly identified another person as the shooter in a robber... view full summary | | 7. | General motion to suppress "all items" is insufficient; defendant must move to suppress specific items.
State v. Lawson Wilder, 2009-KK-2322 (La. 12/18/09) [3 pp.]
From LSCR Volume 18, Issue 1
Defendant was charged with driving while intoxicated first offense. He filed a motion to
suppress "all oral and/or recorded and/or written inculpatory statements made by Defendant" as well as "[a]... view full summary | | 8. | A general denial and general factual assertions do not meet the requirements for a Notice of Claim by an owner of seized property under Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989.
State v. 2003 Infiniti G35, 2009-CC-1193 (La. 01/20/10) [19 pp.]
From LSCR Volume 18, Issue 1
In April 2008 the Lafourche Parish Drug Task Force (Task Force) seized a 2003 Infiniti G35
from defendant Kristofor Rebstock. Through surveillance of defendant's residence for several months, unde... view full summary | | 9. | Writ granted and case remanded for consideration of possible Brady violation.
State v. Duncan, 2008-KP-2244 (La. 01/22/10) [2 pp.]
From LSCR Volume 18, Issue 1
The district court denied defendant's post-conviction application as time-barred under La.
Code. Crim. P. art. 930.8(A). The Court g... view full summary | | CIVIL PROCEDURE
| | 10. | Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 18, Issue 1
The First Circuit declined to consider a writ application as untimely. The Court granted a
supervisory writ and vacated that ruling. The application had been file... view full summary | | 11. | Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects
in the home that they had build and sold to him. In February 2014 defend... view full summary | | EVIDENCE
| | 12. | Lower courts erred in excluding testimony from experts.
01/28/2020) [3 pp.]
From LSCR Volume 18, Issue 1
Plaintiffs allege that defendants manufactured defective metal casing pipe, which resulted in
a 2013 oil well blowout in Lafourche Parish. Defendants filed a motion for... view full summary |
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