| CRIMINAL
|
| 1. | Habitual offender sentence not unconstitutional as applied.
State v. Hall, 06-K-1358 (La. 1/12/07) [1 p.]
From LSCR Volume 15, Issue 1 Defendant was charged under the habitual offender statute, and convicted. The district court deviated from the minimum sentence, holding tha... view full summary |
| 2. | Juror preference for police testimony was not "bias" under art. 797.
State v. Calvin Lindsey, 2006-K -0255 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1 Defendant was convicted of conspiracy to distribute narcotics, and was sentenced to 9 years imprisonment. During voir dire, one prospective ... view full summary |
| 3. | Capital conviction affirmed.
State v. Darrell D. Draughn, 2005-KA-1825 (La. 1/17/07) [83 pp.]
From LSCR Volume 15, Issue 1 Defendant appeals his conviction and sentence of death. The victim, Ms. White, was a 64-year- old woman who was found dead with 61 knife wou... view full summary |
| ADMINISTRATIVE
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| 4. | PSC ruling overturned as arbitrary and capricious.
Eagle Water, Inc. v. Louisiana Public Service Commission, 2006-CA-1899 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1 Plaintiff Eagle is a company which provides water and wastewater services to customers in Caddo and Bossier Parishes. Theresa A. Knight ("Kn... view full summary |
| INSURANCE
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| 5. | UM waiver requires strict compliance with the commissioner's waiver form; resolving a split in the circuits.
Tammy Kay Duncan v. U.S.A.A. Insurance Company, 06-CC-0363 (La. 11/29/06]
From LSCR Volume 14, Issue 12 The issue is whether UM coverage was validly waived when the line for policy number was left blank on the form prescribed by the commissione... view full summary |
| TORTS
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| 6. | Power co. on notice of dangerous condition, despite exoneration in previous suit involving same condition.
Foley v. Entergy Louisiana, Inc., 06-C-0983 (La. 11/29/06) [41 pp.]
From LSCR Volume 14, Issue 12 This case arises out of a suit for personal injuries sustained when 24-year-old roofer Jeremy Foley ("Foley") and a co-worker raised a 20-fo... view full summary |
| CIVIL PROCEDURE
|
| 7. | Recordation of judgment against political subdivision is without effect.
Holly & Smith Architects, Inc. v. St. Helena Congregate Facility, Inc.,
06-C-0582 [11/29/06]
From LSCR Volume 14, Issue 12 Plaintiff Holly & Smith Architects, Inc. ("Holly & Smith") obtained three judgments against defendant St. Helena Parish Hospital Service Dis... view full summary |
| 8. | Erroneously admitted evidence does not require de novo appellate review.
John Lam v. State Farm Mut. Auto. Ins. Co., 05-C-1139 (La. 11/29/06) []
From LSCR Volume 14, Issue 12 Plaintiffs filed this suit to recover personal injuries suffered by their son in an automobile accident. Plaintiff Hue Lam was driving a Nis... view full summary |
| JUVENILE
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| 9. | Juvenile court may not revise OCS case plan.
State the Interest of R.A., 06-C-J2380 (La. 12/15/06) [10 pp.]
From LSCR Volume 14, Issue 12 The juvenile court held a review hearing pursuant to La. Ch. Code art. 692 to review the case plan prepared by the Office of Community Servi... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 10. | Public Service Commission assessments not a "tax."
Voicestream GSM I Operating Co. v. La. Public Service Comm'n, 2005-CA-2578 (La. 11/29/06) [21 pp.]
From LSCR Volume 14, Issue 12 Plaintiffs are providers of wireless telecommunications services in Louisiana under the more widely known corporate name "T-Mobile." T-Mobil... view full summary |
| CRIMINAL
|
| 11. | "Sufficiency of evidence" review does not include fact-finder's thought process.
State v. Keith Marshall, 04-K-3139 (La. 11/29/05) [13 pp.]
From LSCR Volume 14, Issue 12 Defendant was charged with possession of cocaine. Police officers Paxton and Barre stated that they stopped defendant's car because its tail... view full summary |
| 12. | Use of handcuffs does not convert Terry stop into an arrest.
State v. Farrell Porche, 06-KK-0312 (La. 11/29/06) [14 pp.]
From LSCR Volume 14, Issue 12 The State appeals an order suppressing evidence. Louette Young reported a possible burglary in progress at her apartment in Citrus Creek Apa... view full summary |