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. | Court remands for application of proper version of Habitual Offender Law.
State v. William Chester Farry, Jr., 2019-K-0566 (La. 01/28/2020) [1 p.]
From LSCR Volume 18, Issue 1
This case also involved the issue of whether the 2017 Amendments to the Habitual Offender
Law applied to defendant's sentence. In 2015 defendant was convicted ... view full summary | | 2. | Evidence of defendant's viewing child pornography was relevant to charges of sex crimes involving a victim under the age of seventeen.
State v. Thomas Fife, 2019-KK-01833 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
Defendant was charged with sex offense crimes involving a victim under the age of
seventeen. The State sought to introduce evidence under La. Code Evid. ar... view full summary | | INSURANCE
| | 3. | "Excluded driver" under auto liability policy is not covered by UM.
Theodore Filipski v. Imperial Fire and Casualty, 2009-CC-1013 (La. 12/01/09) [6 pp.]
From LSCR Volume 17, Issue 12 Plaintiff Theodore Filipski, III was struck by an uninsured drunk driver. As a result of the accident, plaintiff filed the instant suit agai... view full summary | | CIVIL PROCEDURE
| | 4. | Payment by insurer of med-pay to plaintiff does not acknowledge tort claim and interrupt prescription.
Robert Titus, II v. IHOP Restaurant, 2009-CC-0951 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
On April 13, 2007, plaintiff Robert Titus slipped and fell in an IHOP Restaurant in Lafayette
Parish, Louisiana. Shortly after the accident, IHOP's insurer, Republic Fire and Casualty (Republic) p... view full summary | | 5. | Hospital service district must be sued in the parish of its domicile; overruling recent precedent.
Susan Black v. St. Tammany Parish Hospital, 2008-CC-2670 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12 Plaintiff Susan Black, a former medical clinic employee, filed a whistle blower action in Washington Parish, where her cause of action alleg... view full summary | | 6. | After sustaining exception of prescription, lower courts erred in failing to allow plaintiffs to amend the petition.
Wyman v. Dupepe Construction, 2009-C-0817 (La. 12/01/09) [2 pp.]
From LSCR Volume 17, Issue 12 This is the second suit by plaintiffs (Wyman II) involving the same occurrence as their previous suit (Wyman I). This case was dismissed by ... view full summary | | JUVENILE
| | 7. | Juvenile not entitled to jury trial.
State in the Interest of A.J., 2009-KA0477 (La. 12/01/09) [29 pp.]
From LSCR Volume 17, Issue 12 The State filed this petition to commence a delinquency proceeding in Orleans Parish Juvenile Court, alleging that A.J., age 14, had committ... view full summary | | STATE AND LOCAL GOVERNMENT
| | 8. | Board of Tax Appeals has jurisdiction over taxpayer class action.
Michael X. St. Martin v. State of Louisiana, 2009-C-0935 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12 Plaintiffs filed a "Class Action Petition for Damages" (petition) with the Louisiana Board of Tax Appeals (Board). The petition alleged that... view full summary | | CONSTITUTIONAL LAW
| | 9. | Use of prior misdemeanor conviction to enhance felony sentence does not violate right to jury trial.
State v. Tyrone Jefferson, 2008-KA-2204 (La. 12/01/09) [21 pp.]
From LSCR Volume 17, Issue 12 Defendant Jefferson was charged by a bill of information with possession of marijuana, second offense, in violation of La.R.S. S 40:966(E)(2... view full summary | | CRIMINAL
| | 10. | Probable cause determination must occur within 48 hours of arrest, or the prisoner must be released.
State v. Bruce Wallace, 2009-KK-1621 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12 Defendant Wallace was arrested at 12:04 p.m., June 8, 2009, without a warrant, for possession of cocaine. La.R.S. S 40:967(C)(2). Defendant ... view full summary | | 11. | Terry stop allows officer to search suspect, if suspect is seen hiding an object on his person.
State v. Eric Dushon Guillory, 2009-KK-1350 (La. 11/20/09) [7 pp.]
From LSCR Volume 17, Issue 12 Officer Todd Chaddick was investigating a complaint about increased drug and gang activity in a particular area of Lake Charles, Louisiana. ... view full summary | | 12. | Making threats to assistant D.A. constitutes public intimidation.
State v. Mason Godfrey, 2009-K-0630 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12 Following an incident in the 14th Judicial District Court involving Assistant District Attorney Paul Reggie, the State charged defendant Mas... view full summary |
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