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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| STATE AND LOCAL GOVERNMENT
| | 1. | Constitutional prohibition on local taxation of "motor fuel" is broadly interpreted.
Ocean Energy, Inc. v. Plaquemines Parish Government, 2004-C-0066 (06/07/04) [24 pp.]
From LSCR Volume 12, Issue 7 This is an action for refund of sales and use taxes paid under protest. Conducting an audit, Plaquemines Parish Government ("PPG") found tha... view full summary | | WORKERS' COMPENSATION
| | 2. | Injury on the way to construction site compensable under the WCA.
Dean v. SouthMark Const., 2003-C-1051 (La. 7/6/04) [16 pp.]
From LSCR Volume 12, Issue 7 Claimant Dean was hired as a laborer by subcontractor Markle, who was laying foundations for houses built by defendant SouthMark Constructio... view full summary | | CRIMINAL
| | 3. | Multiple offender bill may be filed after completion of sentence for the underlying offense;
overruling controlling precedent. State v. Muhammad, 2003-K-2991 (05/25/04) [21 pp.]
From LSCR Volume 12, Issue 7 A jury found defendant Muhammad guilty on 17 counts of access device fraud. He was sentenced on April 9, 1999 to 4 years total, and was addi... view full summary | | 4. | Juvenile adjudication of delinquency is not a "conviction" that can be used to support a multiple offender bill.
State v. Quincy Brown, 2003-K-2788 (La. 04/07/04) [24 pp.]
From LSCR Volume 12, Issue 7 Defendant Brown was a juvenile when he was adjudicated a delinquent for attempt second degree murder, and an adult when he was charged with ... view full summary | | 5. | Answer to improper voir dire hypothetical not grounds for reversal.
State v. Taylor, 2003-K-1834 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7 At defendant's jury trial for second-degree murder of a co-worker, he intended to present evidence of self- defense. During voir dire, one j... view full summary | | 6. | Prosecutorial misconduct before the grand jury does not give targets and witnesses the right to an injunction.
In Re: Matter Under Investigation, Grand Jury No. 1, 04-KK-0672 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7 The district attorney was presenting before the grand jury evidence of mistreatment of patients at a state- licensed health care facility. S... view full summary | | 7. | Apparent violation of Louisiana motor vehicle law allows initial, investigatory traffic stop, even if no real violation occurred.
State v. Strange, 04-KK-0273 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7 Defendants Porter and Strange were charged with possession of marijuana with intent to distribute. Defendants were in a Thunderbird travelin... view full summary | | 8. | Defendant has no standing to challenge indictment rendered by unconstitutional procedure.
State v. Mercadel, 2003-KA-3015 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7 Defendant was indicted by an Orleans Parish grand jury in January, 2003 on a charge of first degree murder, and pled not guilty. In July, 20... view full summary | | 9. | In penalty phase, relatives of victim may testify as to other crimes committed against them by defendant.
State v. Jacobs, 03-KK-3349 (La. 6/25/04) [2 pp.]
From LSCR Volume 12, Issue 7 Defendant's supervisory writ granted: "In the event that retrial of this case reaches a penalty phase at which Ghebrab and Aseghedec Ghebrzi... view full summary | | TORTS
| | 10. | Jury award of future medicals need not agree with expert; failure to award general damages reversed.
Green v. K-Mart Corp., 2003-C-2496 (La. 5/25/04) [8 pp.]
From LSCR Volume 12, Issue 6 Plaintiff sued to recover damages for personal injuries she sustained when merchandise fell on her head in a K-Mart store, causing permanent... view full summary | | 11. | Parent corporation not responsible for worker safety in subsidiary.
Bujol v. Entergy Services, Inc., 2003-C-0492 c/w 2003-C-0502 (La. 5/25/04) [38 pp.]
From LSCR Volume 12, Issue 6 Defendant Air Liquide, S.A. ("ALSA"), headquartered in France, with facilities in more than 60 countries, operates an "air separation" busin... view full summary | | 12. | DOTD 80% at fault; drunk driver 20%.
Toston v. Pardon, 2003-C-1747 (La. 4/23/04) [21 pp.]
From LSCR Volume 12, Issue 6 Annette Toston filed this suit as curatrix of her daughter Syvella, to recover damages for personal injuries suffered by Syvella when the ca... view full summary |
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