| CONTRACTS
|
| 1. | District court erred in asking jury to apportion damages in breach of contract case.
CDW Services, LLC v. New Bridge Partners, LLC (La. 05/20/2025) [3 pp.]
From LSCR Volume 33, Issue 5
Plaintiff and defendant filed claims against each other for breach of contract. The jury found
defendant did not breach any contractual obligations but that plaintiff d... view full summary |
| PROPERTY
|
| 2. | Prescription had run on violation of subdivision regulations.
James McCormick, DDS v. Joe E. "Butch" Ford, Jr., 2022-C-01007 (La. 05/09/2025) [9 pp.]
From LSCR Volume 33, Issue 5
This case concerned a subdivision of property in Bossier Parish that did not meet parish
regulations. When a larger tract of property is divided into sma... view full summary |
| CIVIL PROCEDURE
|
| 3. | Court reinstates OMV suspension of commercial driver's license after finding traffic stop valid.
Theophilus Roland, Jr. Louisiana Department of Public Safety and Corrections, 2024-C-00865 (La.05/09/2025) [11 pp.]
From LSCR Volume 33, Issue 5
Petitioner was operating a Polaris Slingshot three-wheel vehicle when he was pulled over by
Louisiana State Trooper Trevor Blanchard. According to Trooper Blanchard, pl... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 4. | Claim for declaratory relief against OMV was not prescribed.
Loren Balthazor v. State of Louisiana, 2025-C-00098 (La. 05/20/2025) [3 pp.]
From LSCR Volume 33, Issue 5
Plaintiff purchased a vehicle at a public auction and was assigned ownership and title. "Certificate of Destruction" was stamped on the title. When p... view full summary |
| JUVENILE
|
| 5. | Juvenile entitled to suppression of gun and drugs because officer did not have reasonable suspicion to stop him.
State v. KB, 2024-CK-00491 (La. 05/09/2025) [27 pp.]
From LSCR Volume 33, Issue 5
On a Saturday night in October 2023, Lt. Steven Verrett, a 21-year veteran of the Gretna
Police Department, was patrolling in his marked unit aft... view full summary |
| EVIDENCE
|
| 6. | District court abused its discretion in allowing defendant only 29 days to file counseled post-conviction brief in death penalty case.
State v. Darrell Dewayne Draughn, 2025-KD-00505 (La. 04/28/2025) [9 pp.]
From LSCR Volume 33, Issue 5
In 2003 defendant was convicted of the first-degree murder of Loretta White in 2000. The
district court sentenced defendant to death in accordance with the jury's v... view full summary |
| CRIMINAL
|
| 7. | Court remands for district court to consider case holding defendant was entitled to jury charge allowing acquittal by ten of twelve jurors.
State v. Ira R. Toney, Jr., 2024-KK-01266 (La. 05/06/2025) [2 pp.]
From LSCR Volume 33, Issue 5
The indictment here was based on alleged conduct by defendant in 2015 and 2016. He was
charged with, inter alia, indecent behavior with a juvenile, sexual battery on a ... view full summary |
| 8. | Prosecutors may not join capital felony charges with other felony charges.
State v. Davieontray Lee Breaux, 2024-KK-00737 (La. 05/09/2025) [20 pp.]
From LSCR Volume 33, Issue 5
Defendant was indicted on two counts of first-degree murder and three counts of attempted
first-degree murder stemming from an April 2022 incident when he all... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 9. | Court accepts joint petition for consent discipline and suspends East Baton Rouge Parish judge.
In re: Judge Eboni Johnson Rose, 2025-O-0390 (La. 04/23/2025) [15 pp.]
From LSCR Volume 33, Issue 4
In 2024 the Judiciary Commission received complaints and media reports about alleged
misconduct in four separate criminal matters by Judge Eboni Joh... view full summary |
| CIVIL PROCEDURE
|
| 10. | Court reinstates summary judgment for defendants in auto accident case.
Gregory Chank v. Starr Indemnity & Liability Insurance Company, 2024-C-01544, 2024-C-01552 (La. 04/01/2025) [8 pp.]
From LSCR Volume 33, Issue 4
Terry Gates was operating a tractor-trailer rig on I-49 in March 2018 when he struck the rear
of another automobile, causing a chain-reaction collision involving... view full summary |
| 11. | Court vacates dismissal of appeal.
Willie Covington v. Clark Sand Co., Inc., 2024-C-01531 (La. 04/08/2025) [8 pp.]
From LSCR Volume 33, Issue 4
Plaintiffs filed this suit for personal injury damages against several defendants in 2016. On
October 5, 2022, the district court heard defendants' exceptio... view full summary |
| 12. | Insurers waived exception of improper cumulation but were entitled to reconsideration of motion to vacate default judgment.
Ratcliff Recovery Services, LLC v. City Place Investors, LLC (La. 04/23/2025) [4 pp.]
From LSCR Volume 33, Issue 4
Defendant owned a townhome complex that sustained damage during Hurricane Ida. The
property was insured under a subscription policy with a group of insurers. Defendant... view full summary |