| CRIMINAL
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| 1. | Judge not disqualified merely because of employment at D.A.'s office.
State v. Connolly, 06-KD-0540 (La. 6/2/06)
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From LSCR Volume 14, Issue 7 Relator Connolly seeks to vacate a recusal order entered sua sponte by respondent, the Honorable Charles L. Porter, district judge presiding... view full summary |
| 2. | No reasonable suspicion necessary to ask woman what she was doing.
State v. Parker, 06-KK-0053 (La. 6/16/2006) [3 pp.]
From LSCR Volume 14, Issue 7 Two New Orleans police officers, while on routine patrol during mid-morning on a weekday, observed the defendant attempting to open the lock... view full summary |
| CIVIL PROCEDURE
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| 3. | Judgment on claims against severed defendants not a final judgment.
Strother v. Continental Casualty Company, 06-C-0302 (La. 6/2/06) [4 pp.]
From LSCR Volume 14, Issue 6 Plaintiffs filed suit against multiple defendants, including Continental Casualty Insurance Company and its insureds ("the Continental defen... view full summary |
| 4. | Blanket order sealing the record is overbroad.
Copeland v. Copeland, 06-CC-1023 (La. 6/2/06) [2 pp.]
From LSCR Volume 14, Issue 6 In these divorce and child custody proceedings, the parties filed a joint motion to seal the record. The district court treated the joint mo... view full summary |
| 5. | New trial ex proprio motu was proper, in district court's discretion.
Horton v. Mayeaux, 05-CC-1704 (La. 5/30/06) [16 pp.]
From LSCR Volume 14, Issue 6 Plaintiff Horton filed suit against Mayeaux for personal injuries arising out of a four-car collision. Following jury selection and opening ... view full summary |
| 6. | Federal civil procedure for discovery of trade secrets adopted.
In re: The Texas Matter of the Marriage of Kuntz,06-C-0487 (5/26/06) [1p.]
From LSCR Volume 14, Issue 6 "Writ granted. The judgments of the trial court and the court of appeal are reversed. ... Once a party establishes the information sought is... view full summary |
| CRIMINAL
|
| 7. | Consolidation of cases not improper because of "other crimes" evidence.
State v. Crochet, 05-K-0123 (6/23/06) [10 pp.]
From LSCR Volume 14, Issue 6 The State charged defendant by bill of information with one count of molestation of a juvenile -- i.e., defendant's daughter, M.C. See La.R.... view full summary |
| 8. | State's intentional violation of pretrial Prieur ruling reviewed under harmless error standard.
State v. Henry Lee Leonard, 05-K-1382 (La. 6/16/06) [6 pp.]
From LSCR Volume 14, Issue 6 Defendant was charged with the second degree murder of the boyfriend of his ex-wife at her place of employment. The major issue at trial, as... view full summary |
| CIVIL PROCEDURE
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| 9. | Physician-patient privileged records discoverable on showing of need.
Moss v. State , DOTD, 05-CC-1963 (La. 4/4/06) [25 pp.]
From LSCR Volume 14, Issue 5 Plaintiff's decedent was killed in a head-on collision with a vehicle operated by Juanita Smith. Plaintiffs filed suit against the State of ... view full summary |
| 10. | Late-filed affidavits may not be considered on motion for summary judgment.
Buggage v. Volks Elevators, 06-C-0175 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 "Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting the motion for summary judgment filed by [de... view full summary |
| CONSTITUTIONAL LAW
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| 11. | Citizens have standing to restrain unlawful expenditures, no matter how small.
Eugene Ralph v. City of New Orleans, 06-C-0153 (La. 5/5/06) [4 pp.]
From LSCR Volume 14, Issue 5 Plaintiffs appeal the sustaining of an exception of no cause or right of action. The City of New Orleans ("City") enacted local ordinances t... view full summary |
| WORKERS' COMPENSATION
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| 12. | Hearing officer's prior service as mediator disqualifies her to preside over same case; supervisory writ granted.
Rodrigue v. Lafourche Parish Sch. Bd., 06-CC-0459 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 In this workers' compensation litigation, the parties appeared for a mediation conference before attorney Lanier, who served as a mediator f... view full summary |