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. | Batson challenge: Venireman's promise to be fair does not preclude a peremptory challenge.
State v. Melvin Elie, 05-K-1569 (La. 7/10/06) [22 pp.]
From LSCR Volume 14, Issue 8 Defendant Elie was indicted for second-degree murder, but convicted of manslaughter. An eyewitness who knew both Elie and the victim saw Eli... view full summary | | 2. | Speedy trial rights not violated after 10-year delay.
State v. Thomas, 06-KK-0619 (La. 7/11/06]
From LSCR Volume 14, Issue 8 In November, 1996, respondents Thomas and Dyer were indicted with first degree murder. Shortly thereafter, respondents upset the course of t... view full summary | | 3. | Police could Terry-stop a suspect behind the wheel of a disabled car.
State v. Matthew Kelley, 05-K-1905 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8 Defendant appeals the denial of his motion to suppress. On the morning of the arrest, police acted on a complaint concerning a man (the defe... view full summary | | 4. | Firearm-discharge sentence enhancement applicable to drive-by shooting.
State v. Mickel Brisco, 04-K-3039 (La. 7/6/06) [20 pp.]
From LSCR Volume 14, Issue 8 One month after defendant Brisco separated from his ex-wife, he fired four shots into his former family home. Defendant was arrested and con... view full summary | | 5. | La. mental retardation procedure not unconstitutional.
State v. Turner, 05-KA-2425 (La. 7/10/06) [25 pp.]
From LSCR Volume 14, Issue 8 Defendant was charged with first-degree murder. Defendant claimed that he is mentally retarded and consequently, is not subject to capital p... view full summary | | CIVIL PROCEDURE
| | 6. | Family Court subject-matter jurisdiction and venue construed.
Spinosa v. Spinosa, 05-C-1935 (La. 7/6/06) [24 pp.]
From LSCR Volume 14, Issue 7 This complex opinion construes the jurisdiction of the East Baton Rouge Family Court. Mr. and Mrs. Spinosa were married in 1980 and establis... view full summary | | EVIDENCE
| | 7. | Court-appointed expert still qualified as expert in subsequent proceedings in same case.
Leard v. Schenker, 06C1116 (La. 6/16/2006) [4 pp.]
From LSCR Volume 14, Issue 7 In this child custody proceeding, the district court rendered a considered decree awarding sole custody to the father, Mr. Schenker, and ter... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 8. | Judge's public comments merit judicial discipline.
In Re: Judge William A. Roe, 06-O-1243 (La. 6/23/06) [12 pp.]
From LSCR Volume 14, Issue 7 In 1994, a class of oyster fishermen filed suit against the State of Louisiana and the Department of Natural Resources, asserting that their... view full summary | | 9. | Decisional delay, accounting irregularities merit judicial discipline.
In Re: Judge Tammy Lee, 06-O-0454 (La. 7/6/06) [31 pp.]
From LSCR Volume 14, Issue 7 The Judiciary Commission filed a formal charge against respondent alleging decisional delay and also irregularities and delay in accounting ... view full summary | | WORKERS' COMPENSATION
| | 10. | Failure to report non-work-related injury forfeits benefits.
Haynes v. United Parcel Service, 05-C-2378 (La. 7/6/06) [7 pp.]
From LSCR Volume 14, Issue 7 Claimant Haynes sustained head and neck injuries during his employment with the United Parcel Service, and began receiving medical and indem... view full summary | | DOMESTIC RELATIONS
| | 11. | State cannot terminate parental rights without first assisting with reunification.
State in the Interest of A.T., T.A., & J.A., 06-CJ-0501 (La. 7/6/06) [17 pp.]
From LSCR Volume 14, Issue 7 This is an appeal from a termination of parental rights. In October, 2002, Ms. A informed OCS that she could no longer care for her three mi... view full summary | | 12. | Tax-exempt military benefits are "gross income" for child support purposes.
State, Dept. of Social Services v. L.T., 05-CJ-1965 (La. 7/6/06) [13 pp.]
From LSCR Volume 14, Issue 7 The State filed this suit on behalf of two children of defendant Taylor, a noncommissioned officer in the United States Navy. Taylor is Grad... view full summary |
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