LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2388 through 2400
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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BAR / DISCIPLINARY / ETHICS

1.Justice of the peace removed from office.
In re: Cook, 2005-O-0783 (La. 6/29/05) [13 pp.]
From LSCR Volume 14, Issue 1
          The Judiciary Commission charged that respondent Justice of the Peace Cook, who assumed office in 1994, has never attended mandatory justice... view full summary
2.Appearance of impropriety by judge's hiring a non-family member whom he is dating; discipline imposed.
In re: Granier, 04-O-3031 (La. 6/29/05) [6 pp.]
From LSCR Volume 14, Issue 1
          The respondent judge has served continuously on the district bench since 1996. Between February, 1999 and June, 2002, respondent hired his g... view full summary
3.Prosecutor improperly withheld Brady material; discipline imposed.
In re: Jordan, 04-B-2397 (La. 6/29/05) [20 pp.]
From LSCR Volume 14, Issue 1

          The ODC filed one count of formal charges against respondent, an assistant district attorney, alleging that he violated Rules 3.8(d) and... view full summary
CIVIL PROCEDURE

4.Asbestosis class action filed prior to plaintiff's diagnosis with mesothelioma did not interrupt prescription.
Cichirillo v. Avondale Industries, Inc., 2004-C-2894 (La. 11/29/05) []
From LSCR Volume 14, Issue 1
          Plaintiff Cichirillo worked at Ingalls Shipyard in Mississippi, and then at Avondale Shipyard in Louisiana. In April, 1991, Cichirillo was d... view full summary
JUVENILE

5.Multiple-misdemeanor juvenile disposition limited to 6 months.
State in the Interest of B.J., 05-CK-0913 (La. 7/24/05) [4 pp.]
From LSCR Volume 14, Issue 1
          The State charged relator in a delinquency petition with various misdemeanor-grade acts apparently stemming from a single incident in Baton ... view full summary
STATE AND LOCAL GOVERNMENT

6.WTC Tax Increment Financing statute unconstitutional.
World Trade Center Taxing Dist. v. All Taxpayers, 2005-CA-0374 (La. 06/29/05) [23 pp.]
From LSCR Volume 14, Issue 1
          When a downturn in the economy in the 1980's resulted in significant unoccupied space in the World Trade Center ("WTC") at the foot of Canal... view full summary
7.Barge is not a "ship" or "vessel"; "remedial" statute not retroactive.
Mallard Bay Drilling v. Kennedy, 2004-C-1089 (La. 6/29/05) [33 pp.]
From LSCR Volume 14, Issue 1
          This is a petition for a sales tax refund. Plaintiff Mallard Bay Drilling, Inc. ("Mallard") is engaged in the business of drilling oil and g... view full summary
DOMESTIC RELATIONS

8.Louisiana has child custody jurisdiction over newborn baby from California.
Stelluto v. Stelluto, 2005-CC-0074 (La. 06/29/05) [18 pp.]
From LSCR Volume 14, Issue 1
          Plaintiff Ms. Stelluto, a surgical nurse and lifelong New Orleans resident, met Donald Stelluto, a history professor from California, in Nov... view full summary
CRIMINAL

9.Guilty plea to crime other than that charged is not void for lack of jurisdiction; resolving a split in the circuits.
State v. Curtis Jackson, 2004-K-2863 (La. 11/29/05) [15 pp.]
From LSCR Volume 14, Issue 1
          Defendant was charged by bill of information with attempted first degree murder of a peace officer, possession of a firearm by a convicted f... view full summary
10.Repeat drug offender bill must be brought only after conviction of the instant offense; resolving a split in the circuits; overruling controlling precedent.
State v. Skipper, 04-KA-2137 (La. 6/29/05) [25 pp.]
From LSCR Volume 14, Issue 1
          The State filed a bill of information charging defendant Skipper with possession of between 28 and 200 grams of crack cocaine, in violation ... view full summary
PROPERTY

11."Societal expectations" test reinstated by legislature.
Willis-Knighton Medical Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 04-C-0473 (La. 6/22/05) (on reh'g) [8 pp.]
From LSCR Volume 13, Issue 7
          In Willis-Knighton Med. Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 2004-C-0473 (La. 4/1/05) ("Willis-Knighton I"), reported in the ... view full summary
BAR / DISCIPLINARY / ETHICS

12.Discipline imposed for accusations of impropriety against judge.
In re J. Clemille Simon, 2004-B-2947 (La. 06/29/05) [26 pp.]
From LSCR Volume 13, Issue 7

          The ODC filed formal charges in three counts against respondent attorney Simon:
        &nbs... view full summary
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