| CIVIL PROCEDURE
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| 1. | Declaratory judgment not available for disputes raised only in litigation.
Prator v. Caddo Parish, 2004-C-0794 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12 Caddo Parish Sheriff filed this suit against Caddo Parish ("Parish") seeking a declaratory judgment that he did not owe the Parish a credit ... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 2. | Mandamus not available to force the legislature to pay a judgment against the state.
Hoag v. State of Louisiana, 2004-CD-0857 (La. 12/1/04) [10 pp.]
From LSCR Volume 12, Issue 12 In 1984, the legislature enacted La.R.S. S 33:1559 entitled "Extra Compensation for Coroners," providing $540 per month to be paid by the st... view full summary |
| CRIMINAL
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| 3. | Pro bono capital defendants deprived of state funding may have equal protection challenge.
State ex rel. Williams v. State of Louisiana, 2004-KP-0575 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12 Defendant Williams was convicted of first-degree murder and sentenced to death. Counsel was appointed pro bono to assist him with post-convi... view full summary |
| 4. | Unconstitutional to probate incompetent defendant who has not been committed.
State v. Denson, 04-KA-0846 (La. 12/1/04) [11 pp.]
From LSCR Volume 12, Issue 12 Defendant Denson was charged with robbery, but was found unfit to stand trial because of mental retardation, paranoia, and unspecified psych... view full summary |
| 5. | Circumstantial evidence sufficient to establish possession of drugs hidden in car. State v. Major, 2003-K-3522 (
La. 12/01/04) [13 pp.]
From LSCR Volume 12, Issue 12 On June 9, 1997, State Trooper Lanny Bergeron pulled over a white 1997 Nissan Sentra driven by defendant Arthur Major III and occupied by th... view full summary |
| TORTS
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| 6. | Billion-dollar oyster verdict reversed.
Avenal v. State, Dept. of Natural Resources, 2003-C-3521 (La. 12/15/04) [46 pp.]
From LSCR Volume 12, Issue 11 Plaintiffs filed this class action suit against the State and the Department of Natural Resources (DNR) on March 29, 1994, in the 25th Judic... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 7. | "Padding" time sheets a disciplinary violation, even where case is not billed by time.
In re: John Lawrence, 2004-B-0019 (La. 10/19/04) [11 pp.]
From LSCR Volume 12, Issue 11 Respondent Lawrence was associated with a Gretna law firm, and agreed to represent a personal injury client named Curtis on a contingent-fee... view full summary |
| INSURANCE
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| 8. | "Defense Within Limits" policy construed.
Edwards v. Daugherty, 2003-C-2103 (La. 10/1/04) [39 pp.]
From LSCR Volume 12, Issue 11 Plaintiffs filed suit against a sheriff's department and its "surplus lines" insurer, Sphere Drake, and recovered a judgment of $1.7 million... view full summary |
| CIVIL PROCEDURE
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| 9. | Sanction of dismissal imposed for failure to respond to discovery.
Hutchinson v. Westport Ins. Co., 04-C-1592 (La. 11/8/04) [4 pp.]
From LSCR Volume 12, Issue 11 Plaintiff filed this suit for malpractice against defendant law firm that failed timely to file a personal injury suit on behalf of her mino... view full summary |
| 10. | Error to refer exception of prescription to the merits; supervisory writ granted.
Lewis v. Compass, 2004-CC-1666 (La. 10/29/04) [1 p.]
From LSCR Volume 12, Issue 11 "Writ Granted. As Judge Murray notes in her dissent in the court of appeal, because the determinative facts on the prescription issue are no... view full summary |
| WORKERS' COMPENSATION
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| 11. | Interest does not run on penalties or attorney's fees unless prayed for.
Smith v. Quarles Drilling Co., 04-C-0179 (La. 10/29/04) [10 pp.]
From LSCR Volume 12, Issue 11 Claimant Smith filed for worker's compensation benefits, penalties, and attorney's fees. The claim did not request judicial interest on any ... view full summary |
| CRIMINAL
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| 12. | Habitual offender law contains no sequential conviction requirement; overruling controlling precedent.
State v. Johnson, 2003-K-2993 (La. 10/19/04) [23 pp.]
From LSCR Volume 12, Issue 11 Defendant appeals his conviction and sentence as a four-time habitual offender. Defendant was convicted and sentenced on the charges of arme... view full summary |