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. | Capital defendant may constitutionally waive appeal; capital appeal dismissed; affirmed.
State v. Gerald Bordelon 07-KA-0525 (La. 10/16/2009]
From LSCR Volume 17, Issue 10 The question presented is whether, to what extent, and under what circumstances, a defendant may waive appellate review of his capital convi... view full summary | | 2. | Contempt of court judgment reversed; supervisory writ granted.
State v. Marcelin, In re: Meghan Garvey, 09-KD-1825 (La. 10/16/09) [3 pp.]
From LSCR Volume 17, Issue 10 Relator, attorney Meghan Garvey, was found in criminal contempt of court for violation of the district court's order governing the questioni... view full summary | | 3. | Defendant liable for co-conspirator's use of firearm, even if defendant did not know gun existed.
State v. Ryan Marie Smith, 2007-K-2028 (La. 10/20/09) [16 pp.]
From LSCR Volume 17, Issue 10 The State charged defendant and Raul Jorge Castro by bill of information with armed robbery in violation of La.R.S. S 14:64. The cases were ... view full summary | | 4. | Capital conviction affirmed.
State v. Williams, 2007-KA-1407 (La. 10/20/09) [50 pp.]
From LSCR Volume 17, Issue 10 Defendant Williams appeals his conviction of murder and sentence of death. Williams was caught shoplifting at a Wal-Mart, when he was accost... view full summary | | CIVIL PROCEDURE
| | 5. | Writ application dismissed as untimely; relator could not produce a certified postal receipt.
Darden v. Daniel, 09-CC-1097 (La. 09/04/2009) [2 pp.]
From LSCR Volume 17, Issue 9 The court of appeal denied plaintiffs' writ application on April 14, 2009. Pursuant to Supreme Court Rule X, S5(a), the last day for plainti... view full summary | | 6. | District court erred in converting suspensive appeal to devolutive; writ granted.
Orrill v. La. Citizens Prop. Ins. Corp., 09-CC-1896 (La. 09/18/2009) [2 pp.]
From LSCR Volume 17, Issue 9 Relators Bruce Scharwarth and Daryl Robert seek review of a judgment of the district court which converted their suspensive appeal to a devo... view full summary | | CRIMINAL
| | 7. | Cumulative evidence witnessed by different detectives provided probable cause to search vehicle.
State v. Randy Pratt, 08-KK-1819 (La. 09/04/2009) [4 pp.]
From LSCR Volume 17, Issue 9 The State sought review of a district court order suppressing evidence. Police Detective Roccoforte observed an apparent exchange conducted ... view full summary | | 8. | Failure to advise the defendant of the time limit for post-conviction application does not grant the defendant more time to file.
State v. Sherrod Brumfield, 09-KP-1084 (La. 9/2/09) [2 pp.]
From LSCR Volume 17, Issue 9 Respondent, Sherrod Brumfield, entered guilty pleas, was convicted, and was sentenced as a habitual offender in 1999. In June, 2007, the dis... view full summary | | 9. | Having defendants fill out questionnaires at their place of business did not violate Miranda.
State v. Carlton Charles and Gwendolyn Charles, 09-KK-0433 (La.09/04/09)[4 pp.]
From LSCR Volume 17, Issue 9 Action was brought against defendants the Charleses for misrepresentations allegedly made by them in written applications for a video poker ... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 10. | Judge disciplined for discourtesy to unrepresented litigants.
In re: Ellender, 09-O-0736 (La. 7/1/09) [18 pp.]
From LSCR Volume 17, Issue 8 Respondent was elected to the Thirty-Second Judicial District Court for the Parish of Terrebonne in 1982, and has been re-elected five times... view full summary | | 11. | "Hybrid" contingency fee agreement was unfair to client; discipline imposed.
In re: Curry, 2008-B-2557 (La. 7/1/09) [34 pp.]
From LSCR Volume 17, Issue 8 This case involves the "very complex" relations between a law firm and a client over 15 years, resulting in a "hybrid contingency fee" contr... view full summary | | CRIMINAL
| | 12. | Use of handcuffs did not transform investigatory stop into an arrest.
State v. Palmer, 2009-KK-0044 (La. 7-1-09) [11 pp.]
From LSCR Volume 17, Issue 8 Charged by bill of information with possession of a Schedule III controlled substance with intent to distribute, La.R.S. Section 40:968(A), ... view full summary |
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