LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2532 through 2544
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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STATE AND LOCAL GOVERNMENT

1.Police chief's recommendation not necessary for city to terminate policemen.
Grant v. Mayor George Grace, 2003-C-2021 (La. 4/14/04) [13 pp.]
From LSCR Volume 12, Issue 4
          Plaintiff filed this suit for an injunction and damages after the Council of the City of St. Gabriel terminated him as a police officer. Pla... view full summary
CRIMINAL

2.D.A. and Assistant D.A. properly sequestered during recusal hearing. See State v. Nomey, 2004-KK-0401 (La. 4/2/04), reported under "Evidence," supra. Defendant found competent to stand trial, nunc pro tunc, after conviction.
State v. Snyder, 1998-KA-1078 (La. 4/14/04) [12 pp.]
From LSCR Volume 12, Issue 4
          Defendant's conviction of first degree murder and sentence of death were previously affirmed conditionally by the Court in State v. Snyder, ... view full summary
3.Misrepresentations in records submitted to DEQ supports charge of filing false public records.
State v. Advanced Recycling, Inc., 02-K-1889 (La. 4/14/04) [10 pp.]
From LSCR Volume 12, Issue 4
          Defendant corporation, ARI, and its corporate officers individually, were charged with theft and with filing and/or maintaining false public... view full summary
4.Intent to distribute small quantity of heroin proved by circumstantial evidence.
State v. Francois, 2003-K-1313 (La. 4/14/04) [11 pp.]
From LSCR Volume 12, Issue 4
          While investigating an unrelated matter, police discovered the defendants Francois and Kemp in a bedroom in Francois's mother's apartment, d... view full summary
TORTS

5.Limit of $500,000 on State's liability for general damages is per plaintiff, not per victim; resolving a split in the circuits.
Lockett v. State, DOTD, 2003-C-1767 (La. 2/25/04) [15 pp.]
From LSCR Volume 12, Issue 3
          Katy Lockett was killed in an automobile collision at the intersection of Louisiana Highway 19 and Groom Road in the City of Baker. Lockett'... view full summary
6.Filiation action may be added late to tort suit.
Reese v. State, Dept. Pub. Safety, 2003-C-1615 (La. 2/20/04) [10 pp.]
From LSCR Volume 12, Issue 3
          Plaintiffs Reese and Nabonne filed this suit to recover damages for the wrongful death of an inmate in the custody of the Department of Corr... view full summary
BAR / DISCIPLINARY / ETHICS

7.Judge disciplined for failure to issue timely rulings.
In re: Judge Marcus Clark, 2003-O-2920 (La. 02/20/04) [21 pp.]
From LSCR Volume 12, Issue 3

          When Judge Marcus Clark of the Fourth Judicial District Court for the Parish of Ouachita appeared before the Judiciary Commission of Lou... view full summary
INSURANCE

8.UM coverage of separate-property cars construed.
Mayo v. State Farm Mut. Auto. Ins. Co., 2003-C-1801 (La. 2/25/04) [16 pp.]
From LSCR Volume 12, Issue 3
          This case interprets a fine point of UM coverage in automobile insurance. Scotty and Melissa Mayo bought cars prior to their marriage. Scott... view full summary
CIVIL PROCEDURE

9.New trial was an abuse of discretion; supervisory writ granted. Brian Campbell v. Tork, Inc., 2003-CC-1341
(La. 02/20/04) [11 pp.]
From LSCR Volume 12, Issue 3
          When Brian Campbell, finance and insurance manager for Benson BMW/Isuzu/Volkswagen, Inc., arrived for work on February 22, 1995, and attempt... view full summary
10.Summary judgment reversed; trial court is not to weigh testimony.
Hutchinson v. Knights of Columbus, 2003-C-1533 (La. 2/20/04) [14 pp.]
From LSCR Volume 12, Issue 3
          Plaintiffs the Hutchinsons filed suit to recover damages for personal injuries suffered by Mrs. Hutchinson when she tripped and fell over el... view full summary
STATE AND LOCAL GOVERNMENT

11.Back pay awarded for loss of job that was later eliminated.
Howard v. West Baton Rouge Sch. Bd., 2003-C-1426 (La. 2/20/04) [5 pp.]
From LSCR Volume 12, Issue 3
          Plaintiff Howard was a tenured vocational instructor whose tenure was revoked in March, 1997. Howard appealed his termination; and ultimatel... view full summary
12.Allowing commissioners to determine probable cause is not unconstitutional.
State v. Ifiany Obrinna Umezulike, 03-KA-1404 (La. 02/25/04) [17 pp.]
From LSCR Volume 12, Issue 3
          On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District, issued a search warrant for the vehicle and home of defend... view full summary
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