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. | Failure to object prior to conviction waives erroneous joinder of counts in indictment.
State v. Wade Knott, 05-K-2252 (La. 5/5/06) [3 pp.]
From LSCR Volume 14, Issue 5 Defendant was indicted on four counts, including one count for a sex crime allegedly committed no later than 1982, and which had fully presc... view full summary | | 2. | Double jeopardy does not bar second trial and conviction on lesser, included offense.
State v. Thomas, 05-K-2373 (La. 4/17/06) [3 pp.]
From LSCR Volume 14, Issue 5 Defendant had been previously indicted for aggravated burglary, was tried, and was convicted of the lesser, included offense of attempted ag... view full summary | | 3. | Speedy trial prescriptive period extended by joint picking of trial date.
State v. Morris Randal Fish, 05-KK-1929 (La. 4/17/2006) [4 pp.]
From LSCR Volume 14, Issue 5 The State filed a bill of information against defendant on June 14, 2001. The state then had 2 years within which to bring him to trial, or ... view full summary | | 4. | Capital sentence affirmed.
State v. Michael Weary, 03-KA-3067 (La. 4/24/06) [67 pp.]
From LSCR Volume 14, Issue 5 Defendant appeals his conviction of first-degree murder and sentence of death. The victim, Walber, was found lying face down alongside a roa... view full summary | | 5. | Habitual offender statute construed.
State v. Stanley Washington, 05-KO-1330 (La. 4/28/06) [2 pp.]
From LSCR Volume 14, Issue 5 Defendant was charged and sentenced as an habitual offender. His prior arrest was for an armed robbery committed in 1980. He was sentenced t... view full summary | | 6. | Probable cause to arrest on any charge allows police to search the defendant completely, regardless of the offense for which he is arrested, and regardless of probable cause to search; establishing controlling precedent.
State v. Sherman, 05-K-0779 (La. 4/4/06) [18 pp.]
From LSCR Volume 14, Issue 4 Defendant appeals his conviction of possession with intent to distribute. Police were on a narcotics interdiction patrol on Lincoln Road in ... view full summary | | 7. | Contractor guilty of misapplication of funds.
State v. Jack S. Spears, 05-K-0964 (La. 4/4/06)
Defendant appeals his conviction of misapplication of construction funds. The Kirkhams were engaged
in a chicken raising operation. They contracted with defendant Spears's construction company to build
From LSCR Volume 14, Issue 4 must exclude every reasonable hypothesis of innocence." The essential elements of S 14:202 are: (1) the existence of a contract to construct... view full summary | | CONTRACTS
| | 8. | Client's refusal to execute a settlement does not entitle lawyer to a contingent fee.
Culpepper & Carroll, PLLC v. Cole, 05-C-1136 (La. 4/4/06) [6 pp.]
From LSCR Volume 14, Issue 4 Plaintiff law firm filed this suit to recover attorney's fees. Defendant Cole retained attorney Culpepper of the firm of Culpepper & Carroll... view full summary | | INSURANCE
| | 9. | Self-insured city not liable for penalties for failure to pay insurance claims.
Pumphrey v. City of New Orleans, 05-C-0979 (La. 4/4/06) [17 pp.]
From LSCR Volume 14, Issue 4 Plaintiffs filed individual suits seeking penalties and attorney's fees for nonpayment and/or untimely payment of insurance benefits, which ... view full summary | | CIVIL PROCEDURE
| | 10. | Notice of tax sale must be given to all co-owners, or the sale is void.
Gabriel Lewis, Jr. v. Succession of Matthew Johnson, 05-C-1192 (La. 4/4/06) [22 pp.]
From LSCR Volume 14, Issue 4 In June, 1994, the Sheriff of the Parish of St. Landry ("sheriff") sold a 13-acre property to plaintiff Lewis. At the time of the sale, four... view full summary | | 11. | Party may not intentionally enroll counsel that would force recusal.
Disaster Restoration Dry Cleaning v. Pellerin Laundry Machinery Sales Co., 05-CC-0715 (La. 4/17/06) [17 pp.]
From LSCR Volume 14, Issue 4 On October 25, 2001, Pellerin and Disaster entered into a contract where Pellerin agreed to design a dry cleaning plant and supply the plant... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | Use taxes applicable to property used in interstate commerce; "taxable moment" doctrine construed; overruling controlling precedent.
Word of Life Christian Center v. West, 04-C-1484 (La. 4/17/06) [33 pp.]
From LSCR Volume 14, Issue 4 Taxpayer the Word of Life Christian Center, Inc. ("Word of Life") is a nonprofit corporation located in Ascension Parish. In 1997, Word of L... view full summary |
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