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. | Courts must apply sentencing law in effect on date of commission of the crime.
State v. Derrick Hyde, 07-OK-1314 (La. 11/21/2007) [2 pp.]
From LSCR Volume 15, Issue 11 Writ granted. "The trial court erred in applying the sentencing law in effect on the date of defendant's conviction, 2005 La. Acts 497, as o... view full summary | | 2. | Defense counsel's failure to visit crime scene with the judge not ineffective assistance.
State v. Jason Matthis, 07-KP-0691 (La. 11/2/07) [11 pp.]
From LSCR Volume 15, Issue 11 Defendant applies for post-conviction relief from his conviction of second-degree murder. The victim was found beaten to death in a remote a... view full summary | | 3. | Consolidated trial of misdemeanor offenses does not violate right to trial by jury.
State v. Reynolds, 07-KP-0641 (La. 11/21/07) [3 pp.]
From LSCR Volume 15, Issue 11 Defendant was tried for multiple misdemeanor offenses concurrently, by stipulation of the parties, in which the State agreed to cap the pena... view full summary | | 4. | "Inaudible" jury selection record requires reversal and retrial.
State v. Joseph Wayne Pinion, 06-K-2346 (La. 10/26/07) [11 pp.]
From LSCR Volume 15, Issue 11 Jury selection in this second-degree murder case required 3 panels of 14 prospective jurors each. The questioning of all panels by the State... view full summary | | 5. | Presumption of regularity attaches to prior guilty plea proceedings.
State v. Clesi, 07-K-0564 (La. 11/16/07) [3 pp.]
From LSCR Volume 15, Issue 11 Defendant was charged with a fourth felony offender bill. In a pro se written response, defendant stated that the prior offenses did not sup... view full summary | | DOMESTIC RELATIONS
| | 6. | Sealing financial and child custody information was erroneous.
Copeland v. Copeland, 07-CC-0177 (La. 10/16/07) [23 pp.]
From LSCR Volume 15, Issue 10 In this highly publicized divorce and child custody proceeding between Jennifer Devall Copeland and Alvin Copeland (the "Copelands"), the pa... view full summary | | CIVIL PROCEDURE
| | 7. | Portions of court of appeal's opinion that are dissented from are not part of the judgment.
State v. Walder, 07-K-0198 (La. 10/5/07) [1 p.]
From LSCR Volume 15, Issue 10 Defendant pled guilty to 123 counts of aggravated cruelty to animals, in violation of La.R.S. S 14:102.1. Shortly after the seizure of the a... view full summary | | STATE AND LOCAL GOVERNMENT
| | 8. | Assessors' fund tax, paid from other entities' taxes, constitutional.
City of New Orleans v. Louisiana Assessors' Retirement and Relief Fund, 2005-CA-2548 (La. 10/1/07) [70 pp.]
From LSCR Volume 15, Issue 10 The plaintiff assessors' retirement fund ("Fund") provides retirement allowances and other benefits to the state's assessors and their emplo... view full summary | | 9. | Senator term-limited; partial term began when election was final.
Deculus v. Welborn, 2007-C-1888 (La. 10/1/07) [14 pp.]
From LSCR Volume 15, Issue 10 Plaintiffs filed this suit to challenge the candidacy of defendant, Senator Cleo Fields, for re-election to his senate seat on October 20, 2... view full summary | | 10. | Payment of taxes under protest required to contest only ad valorem taxes.
Kinchen v. Livingston Parish Council, 07-C-0478 (La. 10/16/07) [7 pp.]
From LSCR Volume 15, Issue 10 Plaintiff Carlene T. Kinchen appeals the dismissal of her suit on peremptory exception. In July, 2004, the Livingston Parish Council ("Paris... view full summary | | 11. | Industrial district not exempt from taxation by recreation district.
International Paper Company v. Hilton, 07-C-0290 (La. 10/16/07) [28 pp.]
From LSCR Volume 15, Issue 10 Plaintiff International Paper Company filed this suit to contest the imposition of an ad valorem property tax upon a parcel of land owned by... view full summary | | CRIMINAL
| | 12. | Five-year additional penalty for use of a firearm may be added to habitual offender sentence, resolving a split in the circuits.
State v. Jack King, 06-K-1903 (La. 10/16/07) [9 pp.]
From LSCR Volume 15, Issue 10 On May 18, 2004, the defendant committed an armed robbery of a bank with a handgun. Defendant was charged with one count of armed robbery wi... view full summary |
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