LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2220 through 2232
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

1.Bystander shouting at police is guilty of resisting arrest of another.
City of Lafayette v. Darrell D. Desormeaux, 06-KP-1730 (La. 10/16/07) [10 pp.]
From LSCR Volume 15, Issue 10
          The City charged Michelle Desormeaux with violation of Lafayette City Ordinance S 86-5, which prohibits the playing of music in a vehicle at... view full summary
2.State may seek multiple enhanced penalties in the same proceeding, overruling controlling precedent.
State v. Monolo Anton Baker, 06-K-2175 (La. 10/16/07) [19 pp.]
From LSCR Volume 15, Issue 10
          Defendant appeals a sentence enhanced under the habitual offender act. Defendant Baker has the following relevant criminal history: a Decemb... view full summary
TORTS

3.Hospital's failure to have storm procedures in place does not sound in Med Mal.
Lacoste v. Pendleton Methodist Hospital, 07-CC-0008 c/w 07-CC-0016 (La. 9/5/07) [24 pp.]
From LSCR Volume 15, Issue 9
          Plaintiffs' decedent, Althea LaCoste, was admitted to defendant hospital on or about August 28, 2005, at which time she was recovering from ... view full summary
4.Breach of testimonial privilege is not grounds for tort claim.
Coutee v. Beurlot, 06-C-2943 (La. 9/5/07) [16 pp.]
From LSCR Volume 15, Issue 9
          Plaintiff Coutee was employed as a roughneck by Global Marine Drilling Company ("Global"), and was injured while working offshore. He filed ... view full summary
EVIDENCE

5.Res ipsa loquitur does not apply where there is direct evidence of the tort.
Linnear v. CenterPoint Energy, 06-C-3030 (La. 9/5/07) [13 pp.]
From LSCR Volume 15, Issue 9
          Plaintiff Dronzy Linnear alleged that she injured herself when she stepped into a sinkhole next to her driveway, and sank up to her knee, as... view full summary
CRIMINAL

6.Sentence invalid, exceeded scope of criminal statute.
State v. Wallace, 06-KH-2555(La. 8/31/07) [1 p.]
From LSCR Volume 15, Issue 9
          "Writ granted. Relator's sentence is amended to delete the term `without benefit of parole, probation, or suspension of sentence' from his s... view full summary
MEDICAL MALPRACTICE

7.Plaintiff's fall from hospital bed not covered by Med Mal Act. Richard Blevins v. Hamilton Medical Center, 2007-CC-0127 (La.
06/29/07) [17 pp.]
From LSCR Volume 15, Issue 7
          Plaintiff Blevins applies for supervisory review of a judgment sustaining an exception of prematurity. While recuperating from treatment of ... view full summary
BAR / DISCIPLINARY / ETHICS

8.Judge suspended for "intemperate" conduct.
In re: Sassone, 07-O-0651 (La. 6/29/07) [40 pp]
From LSCR Volume 15, Issue 7

          Respondent, Judge Sassone, assumed the office of district judge in 1991. In 2003 and 2004, the Commission received several complaints re... view full summary
9.Justice of the peace disciplined.
In re: Roger Adams, Sr., 07-O-0426 (La. 6/29/07) [10 pp.]
From LSCR Volume 15, Issue 7

          Respondent, Justice of the Peace Roger Adams, was first elected in 2003. In March, 2003, respondent issued warrants for the arrests of M... view full summary
10.Justice of the peace disciplined for bias.
In re: Alfonso, 2007-O-0120 (La. 5/22/07) [10 pp.]
From LSCR Volume 15, Issue 7

          Respondent Justice of the Peace Myrty Alfonso served a 6-year term from 1991 to 1996, then sat out one term, and was then reelected, and... view full summary
CRIMINAL

11.Capital conviction reversed.
State v. Shon D. Miller, 05-KA-1826 (La. 6/29/07) [25 pp.]
From LSCR Volume 15, Issue 7
          Defendant Miller was convicted of first degree murder and sentenced to death. Miller procured a ride to Gonzales, to the home of his mother-... view full summary
12.Evidence sufficient to convict of forcible rape despite victim's inconsistent statements.
State v. Calvin Ware, 06-K-1703 (La. 6/29/07) [14 pp.]
From LSCR Volume 15, Issue 7
          After trial by jury, defendant Calvin Ware was found guilty of attempted forcible rape. The victim testified that she brought her four small... view full summary
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