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. | Lessened habitual offender penalties not retroactive.
State v. Danny Parker, 2003-K-0924 (La. 04/14/04) [24 pp.]
From LSCR Volume 12, Issue 5 Tried and convicted by jury on 2 counts of possession of controlled dangerous substances, and previously convicted of aggravated battery and possession of cocaine, defendant Parker was adjudicated a ... view full summary | | EVIDENCE
| | 2. | Defendant not entitled to challenge laboratory's DNA methodology except in Daubert hearing.
State v. Franklin, 03-KK-3072 (La. 4/23/04) [2 pp.]
From LSCR Volume 12, Issue 5 Writ granted; relief denied. The courts below correctly limited defense discovery related to the State's DNA testing of samples provided by the defendant to the terms of La. Code Crim. P. art. 719, a... view full summary | | JUVENILE
| | 3. | Defendant may be charged criminally after reaching 21 years old, even though offense was committed at 14.
State v. Havis, 03-KK-2490 (La. 4/30/04) [6 pp.]
From LSCR Volume 12, Issue 5 Defendant was charged with sexual assault of a child under the age of 12 years allegedly committed by relator in 1996 when he was 14 years old. Allegations of the crime did not come to light until ye... view full summary | | CIVIL PROCEDURE
| | 4. | Physical evidence may show that testimony is speculative; summary judgment entered.
Davy Jones v. Estate of Santiago, 2003-CC-1424 (La. 4/14/04) [14 pp.]
From LSCR Volume 12, Issue 5 Plaintiff Jones sued the estate of his wife's killer, seeking to recover damages under the killer's homeowner's insurance policy. Jones's wife Annissa had left him to live with the killer, Santiago. ... view full summary | | 5. | Uncontradicted evidence of lack of service sufficient to annul judgment.
Hall v. The Folger Coffee Company, 2003-C-1734 (La. 4/14/04) [36 pp.]
From LSCR Volume 12, Issue 5 Plaintiff Roy Hall fell from a platform while delivering coffee cans to the warehouse of the Folger Coffee Company in November, 1994. He obtained a default judgment in the amount of $910,572.70 in da... view full summary | | TORTS
| | 6. | Recreational use immunity construed; establishing controlling precedent.
Richard v. Hall, 2003-C-1488 (La. 04/23/04) [31 pp.]
From LSCR Volume 12, Issue 5 Loch Leven Plantation leased duck hunting privileges to Screening Systems International, Inc. (SSI), a closely held corporation which paid Loch Leven $10,000 to permit three SSI executives, Watson, H... view full summary | | 7. | No liability for suicide after failed drug test.
Ramey v. Decaire, 2003-CC-1299 (La. 3/19/04) [14 pp.]
From LSCR Volume 12, Issue 4 Plaintiff's decedent, Ramey, was a medical doctor who had a history of substance abuse. Defendant Physician's Health Foundation of Louisiana... view full summary | | CONTRACTS
| | 8. | Public bid requirements are strictly construed; injunction granted.
Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004-CC- 0212 (La. 03/18/04) [32 pp.]
From LSCR Volume 12, Issue 4 This is a suit to enjoin the award of a public construction contract. After it invited bids on Phase IV of the New Orleans Convention Center... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 9. | Failure to notarize a document personally does not merit discipline.
In re: Hartley, 03-B-2828 (La. 4/2/04) [2 pp.]
From LSCR Volume 12, Issue 4 Respondent was charged by the Office of Disciplinary Counsel ("ODC") with several violations of the Rules of Professional Conduct. The thrus... view full summary | | EVIDENCE
| | 10. | Granting motion in limine to exclude expert without holding Daubert hearing erroneous.
State v. Morrison, 03-KK-2790 (La. 4/8/04) [1 p.]
From LSCR Volume 12, Issue 4 "Writ granted; case remanded to the trial court. Because the trial court ruled the defense expert's testimony regarding aural/spectrographic... view full summary | | 11. | D.A. and Assistant D.A. properly sequestered during recusal hearing.
State v. Nomey, 2004-KK-0401 (La. 4/2/04) [2 pp.]
From LSCR Volume 12, Issue 4 The defendant moved to recuse the district attorney and assistant district attorney. He subpoenaed them as witnesses at the recusal hearing,... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | Public bid requirements are strictly construed; injunction granted. See Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004- CC-0212 (La. 03/18/04), reported under "Contracts," supra. Board of Ethics subpoena upheld.
Mary Moe, L.L.C. v. Louisiana Bd. of Ethics, 2003-C-2220 (La. 4/14/04) [15 pp.]
From LSCR Volume 12, Issue 4 Plaintiffs are four L.L.C.'s that are the sole contributors to New Alliance Business Political Action Committee ("New Alliance"). The L.L.C.... view full summary |
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