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. | End-user of illegal drug may also be charged with distribution to co- users.
State v. Corbett, 04-K-1124 (La. 11/15/04) [3 pp.]
From LSCR Volume 12, Issue 11 The State appeals the quashing of an indictment for possession with intent to distribute, and second- degree murder under La.R.S. S 14:30.1(... view full summary | | 2. | Illegal sentence reversed.
State v. Hotard, 04-KP-1092 (La. 10/15/04) [2 pp.]
From LSCR Volume 12, Issue 11 "Because none of the statutes under which relator was convicted contains a provision prohibiting parole for the entire term, the district co... view full summary | | CONTRACTS
| | 3. | "Credit agreement" statute of frauds protects bank employees, but not real estate appraiser.
King v. Parish Nat. Bank, 2004-C-0337 (La. 10/19/04) [17 pp.]
From LSCR Volume 12, Issue 10 Plaintiff King filed this suit to recover damages against his lender, Parish National Bank ("PNB"). In 1990, King consolidated loans on vari... view full summary | | TORTS
| | 4. | Granting JNOV to increase damages was abuse of discretion
Trunk v. Medical Cntr. of Louisiana, 2004-C-0181 (La. 10/19/04]
From LSCR Volume 12, Issue 10 Plaintiff Trunk was a third year medical student who was completing a required rotation in the psychiatric ward at the Medical Center of Lou... view full summary | | CRIMINAL
| | 5. | Probation cannot be revoked solely for an arrest.
State v. Smith, 03-KP-3464 (La. 10/7/04)
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From LSCR Volume 12, Issue 10 "Writ granted; revocation of probation reversed. Proof of an arrest alone, without any evidence of the conduct that led to arrest, does not ... view full summary | | 6. | Recharging defendant who refused to testify violates double jeopardy.
State v. Peyrefitte, 04-KK-0742 (La. 10/15/04)
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From LSCR Volume 12, Issue 10 Defendant entered into a plea agreement with the State, in which he agreed to cooperate. At his Boykin colloquy, the assistant district atto... view full summary | | 7. | Denial of voir dire challenge of police lab technician not erroneous.
State v. Jones, 2003-K-2542 (La. 10/19/04) [17 pp.]
From LSCR Volume 12, Issue 10 Defendant was convicted of first degree murder. In the jury venire was Edward Delery, a police department crime lab technician. Defendant ch... view full summary | | 8. | Capital sentence affirmed.
State v. Manning, 2003-KA-1982 (La. 10/19/04) [90 pp.]
From LSCR Volume 12, Issue 10 On December 18, 2000, Bossier Parish Sheriff's Deputy Jimmy Chreene was on routine patrol driving west on Highway 160 when he saw an east bo... view full summary | | TORTS
| | 9. | Decedent's formal acknowledgment of plaintiff rebutted by posthumous DNA test.
Turner v. Busby, 2003-C-3444 (La. 9/9/04) [23 pp.]
From LSCR Volume 12, Issue 9 Decedent Stroughter was killed in an automobile accident. Plaintiff Onterio McWright was born to Gladysteen Harris ("Harris") on June 8, 197... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 10. | Aggregate settlement requires individual consent by all clients; advance consent is not sufficient.
In re: Hoffman, 03-B-2499 (La. 9/9/04) [17 pp.]
From LSCR Volume 12, Issue 9 Respondent Hoffman was hired by Jack W. to represent him in contesting his legacy from the estate of his uncle, Milton Lorning. Lorning ... view full summary | | INSURANCE
| | 11. | "No pay/no play" insurance law construed, resolving a split in the
circuits.
Bryant v. United Services Auto. Ass'n, 2003-C-3491 c/w 2004-C-0028 (La. 9/9/04) [19 pp.]
From LSCR Volume 12, Issue 9 Both of these consolidated cases involve automobile collisions in which the plaintiff was the owner of the vehicle that was struck, but the ... view full summary | | CRIMINAL
| | 12. | Good faith reliance on warrant saves evidence from exclusion.
State v. Long, 2003-KK-2592 (La. 9/9/04) [22 pp.]
From LSCR Volume 12, Issue 9 Defendant Long was charged with possession of marijuana with intent to distribute. Police applied for a search warrant for Long's home, stat... view full summary |
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