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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| CIVIL PROCEDURE
| | 1. | Failure to request service within 90 days requires dismissal, even after answer has been filed.
Lea Sinclair Filson v. Windsor Court Hotel, 2004-CC-2893 (La. 06/29/05) [18 pp.]
From LSCR Volume 13, Issue 7 Plaintiffs filed a petition on March 25, 2003 against several defendants, including Keta Construction ("Keta"), and requested that service b... view full summary | | CRIMINAL
| | 2. | Capital conviction affirmed: erroneous refusal to admit exculpatory letter harmless.
State v. Juniors, 03-KA-2425 (La. 6/29/05) [76 pp.]
From LSCR Volume 13, Issue 7 Defendant Juniors appeals his capital conviction and sentence. Juniors's partner in the crime, Williams, pled guilty and turned State's evid... view full summary | | 3. | Capital conviction affirmed: Hearsay "other crimes" evidence was harmless error.
State v. Allen, 2003-KA-2418 (La. 6/29/05) [40 pp.]
From LSCR Volume 13, Issue 7 Defendant Allen was convicted and sentenced to death for the stabbing murder of a bait shop owner in Coushatta. At trial, witnesses testifie... view full summary | | 4. | Written consent to warrantless search is not inadmissible hearsay.
State v. Smith, 04-KK-3140 (La. 6/24/05) [2 pp.]
From LSCR Volume 13, Issue 7 The district court granted a motion to suppress seized evidence, on the grounds that the witness who consented to the search for the evidenc... view full summary | | MEDICAL MALPRACTICE
| | 5. | PCF may not appeal liability vel non, where defendant medical provider has paid the judgment.
Hanks v. Seale, 2004-C-1485 (La. 6/17/05) [25 pp.]
From LSCR Volume 13, Issue 6 Plaintiff Hanks filed suit to recover damages for personal injuries he suffered, allegedly as a result of medical malpractice by defendants,... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 6. | Decisional delay not proved against judge.
In re: Judge Pamela Taylor Johnson, 2004-O-2973 (La. 6/3/05) [51 pp.]
From LSCR Volume 13, Issue 6 This complaint was made against respondent Judge Pamela Johnson, a judge in East Baton Rouge Parish Juvenile Court, for, inter alia, fai... view full summary | | CIVIL PROCEDURE
| | 7. | Motion for involuntary dismissal can be made only after the close of plaintiff's case.
Taylor v. Tommie's Gaming, 2004-C-2254 (La. 5/24/05) [9 pp.]
From LSCR Volume 13, Issue 6 Complainant Taylor claimed to suffer a back injury while in the course and scope of his employment with Tommie's Gaming. Taylor claimed that... view full summary | | STATE AND LOCAL GOVERNMENT
| | 8. | Redrawn electoral district lines nullify prior local option vote.
Sabine Parish Police Jury v. Comm'r of Alcohol & Tobacco Control, 2004-C-1833 (La. 04/12/05) [30 pp.]
From LSCR Volume 13, Issue 6 In 1977, the voters of Ward 3 of Sabine Parish voted in a local option election to prohibit the sale of alcoholic beverages in Ward 3, which... view full summary | | 9. | Two senate vacancies do not affect the number required to form a quorum or majority.
Marionneaux v. Hines, 2005-OC-1191 (La. 5/17/05) [10 pp.]
From LSCR Volume 13, Issue 6 Certain Louisiana senators filed this suit against the president and the parliamentarian of the Louisiana Senate, to determine how many sena... view full summary | | CRIMINAL
| | 10. | "Criminalist report" statute constitutional; but "good faith" certification is "featherweight"
State v. Cunningham, 2004-KA-2200 (La. 6/11/05) [29 pp.]
From LSCR Volume 13, Issue 6 Defendant Cunningham was charged with misdemeanor possession of marijuana. At trial before an Orleans Parish Magistrate Judge, pursuant to L... view full summary | | STATE AND LOCAL GOVERNMENT
| | 11. | Off-duty injuries of firemen must be compensated.
Johnson v. Marrero-Estelle Vol. Fire Company No. 1, 2004-C-2124 (La. 4/12/05) [12 pp.]
From LSCR Volume 13, Issue 5 Defendant Marrero-Estelle Volunteer Fire Co. No. 1 ("Marrero-Estelle") is a Louisiana not-for-profit corporation under contract with a Jefferson Parish Fire Protection District to provide f... view full summary | | CRIMINAL
| | 12. | "Hybrid representation" not erroneous; capital sentence affirmed.
State v. Brown, 2003-KA-0897 (La. 4/12/05) [53 pp.]
From LSCR Volume 13, Issue 5 LSCR Vol. 13, No. 5 8 May, 2005 Off-duty injuries of firemen must be compensated. Johnson v. Marrero-Estelle Vol. Fire Company No. 1, 2004-C-2124 (La. 4/12/05) [12 pp.] Defendant Marrero-Estelle Volu... view full summary |
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