| CRIMINAL
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| 1. | State need not identify the owner in order to charge a crime against property.
State v. Rance Dunbar, 07-K-0219 (La. 2/26/08) [8 pp.]
From LSCR Volume 16, Issue 3 The State appeals the reversal, on the ground of insufficient evidence, of defendant's conviction of unauthorized use of a movable. At 4:25 ... view full summary |
| 2. | Charge of aggravated flight is not double jeopardy with conviction for traffic offenses .
State v. DeJoshua L. Williams, 07-K-0931 (La. 2/26/08) [8 pp.]
From LSCR Volume 16, Issue 3 The State seeks review of the court of appeal's granting of defendant's motion to quash the bill of information on the ground of double jeop... view full summary |
| TORTS
|
| 3. | Knowledge of a bad result in litigation is not "discovery" of legal malpractice.
Teague v. St. Paul Fire and Marine Ins. Co., 07-C-1384 (La. 2/1/08) [20 pp.]
From LSCR Volume 16, Issue 2 Plaintiff, Michael A. Teague, M.D., who was sued by his patient for medical malpractice, filed this suit against his defense attorneys for l... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 4. | Judicial discipline imposed.
In re: Justice of the Peace Jamie Frederic-Braud, 2007-O-1909 (1/25/2008) [12 pp.]
From LSCR Volume 16, Issue 2 Respondent Justice of the Peace Frederic-Braud assumed the office on January 1, 1997 and has served in this position continuously since then... view full summary |
| CIVIL PROCEDURE
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| 5. | Unconstitutionality of a statute must be raised in a pleading; appeal dismissed.
Stacy Michael Meaux v. Lucille Galtier, 07-CA-2474 (La. 1/25/2008) [2 pp.]
From LSCR Volume 16, Issue 2 Defendants moved for direct appeal pursuant to La. Const. art. V, S 5(D), on the ground that the district court declared La. Civ. Code art. ... view full summary |
| 6. | Court does not have direct supervisory jurisdiction over state agency subpoenas.
In re: John Rombach, 07-O-2457 (La. 2/1/08) [2 pp.]
From LSCR Volume 16, Issue 2 Relators are Louisiana legislators who were issued subpoenas by the Louisiana Board of Ethics. Relators applied for supervisory relief pursu... view full summary |
| CRIMINAL
|
| 7. | Mental retardation determination on remand not tried to jury; overruling recent precedent.
State v. James Dunn 07-KK-0878 (La. 1/25/08) [8 pp.]
From LSCR Volume 16, Issue 2 Defendant Dunn was convicted by a jury of two counts of first degree murder, and sentenced to death. On direct review, the Court remanded th... view full summary |
| 8. | Charging defendant with a "non-offense" harmless error.
State v. Timothy E. Robertson, 06-K-1537 (La. 1/16/08) [16 pp.]
From LSCR Volume 16, Issue 2 Defendant appeals his conviction of operation of a clandestine laboratory for the unlawful manufacture of methamphetamine, second offender s... view full summary |
| 9. | Child pornography: Each sexual act and each child is a separate count.
State v. Leon D. Fussell, 06-K-2595 (La. 1/16/08) [25 pp.]
From LSCR Volume 16, Issue 2 Defendant was indicted on 19 counts of intentional possession of pornography involving juveniles, in violation of La.R.S. Section 14:81.1(A)... view full summary |
| 10. | Warrant based on probable cause is necessary to obtain DNA sample; capital conviction affirmed.
State v. Derrick Todd Lee, 05-KA-2098 (La. 1/16/08) [68 pp.]
From LSCR Volume 16, Issue 1 Defendant appeals his conviction of murder and sentence of death. Because the defendant's appeal involves the res nova issue of the warrantl... view full summary |
| 11. | Request for counsel revoked by defendant; capital conviction affirmed.
State v. Jesse Jay Montejo, 06-KA-1807 (La. 1/16/08) [35 pp.]
From LSCR Volume 16, Issue 1 Defendant Montejo was convicted in the burglary-murder of Lewis Ferrari. Police interrogated Montejo on videotape for 7 hours on September 6... view full summary |
| 12. | Defendant may not apply for suspension of sentence after it is executory.
State v. Willis Thomas, 07-KP-0634 (La. 1/11/08) [4 pp.]
From LSCR Volume 16, Issue 1 Defendant Willis Thomas pled guilty to second degree murder on November 3, 1975, and was sentenced to life imprisonment at hard labor. At th... view full summary |