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. | Defense counsel who had previously represented the arresting officer had unwaivable conflict; capital conviction reversed.
State v. Thomas F. Cisco, Jr., 2001-KA-2732 (La.12/03/03) [26 pp.]
From LSCR Volume 11, Issue 12 Defendant Cisco appeals his conviction of murder and sentence of death. One year after three people were killed in an armed robbery of a con... view full summary | | 2. | Incomplete trial transcript not prejudicial where trial was a swearing match.
State v. Boatner, 03-K-0485 (La. 12/3/03) [11 pp.]
From LSCR Volume 11, Issue 12 Defendant was convicted by a jury of second-degree murder in a shooting outside a bar. Two eyewitnesses testified at trial that the defendan... view full summary | | 3. | Court of appeal erred in reversing sentence as excessive.
State v. Taves, 2003-K-1518 (La. 12/3/03) [8 pp.]
From LSCR Volume 11, Issue 12 Defendant appeals his conviction of false imprisonment and second degree kidnapping, as a result of a month-long incident in February, 2000.... view full summary | | 4. | Specific intent can be formed in an instant; capital conviction affirmed.
State v. Legrand, 2002-KA-1462 (La.12/03/03) [28 pp.]
From LSCR Volume 11, Issue 12 Defendant Legrand was 26 years old in May, 1999, when he stabbed an acquaintance over 25 times with a variety of utensils, including knives,... view full summary | | CIVIL PROCEDURE
| | 5. | Suit interrupts prescription, even if dismissed for non-service within 90 days, resolving a split in the circuits.
Bordelon v. Medical Cntr. of Baton Rouge, 03-C-0202 (La. 10/21/03) [11 pp.]
From LSCR Volume 11, Issue 11 Plaintiffs the Bordelons timely filed this medical malpractice suit against defendants Dr. Zaruski and the Medical Center on February 6, 199... view full summary | | 6. | Defendant entitled to return of amount paid in satisfaction of judgment reversed on appeal and remanded.
Gootee Construction, Inc. v. Amwest Surety Ins. Co., 2003-CC-0144 (La. 10/10/03) [7 pp.]
From LSCR Volume 11, Issue 11 Plaintiff Gootee was a contractor who subcontracted with PGP for glass work on a construction job. Defendant Amwest was PGP's performance su... view full summary | | TORTS
| | 7. | Sheriff owed no duty to protect juvenile who was killed twelve hours after release from adult jail.
Lois Lazard v. Sheriff Charles Foti, 2002-CC-2888 (La. 10/21/03) [16 pp.]
From LSCR Volume 11, Issue 11 In this wrongful death action, plaintiffs' decedent, 16-year-old Frank Lazard, III ("Frank") was arrested on May 23, 1996, for aggravated ba... view full summary | | 8. | Jury did not err in according more weight to IME physician than to treating physician.
Iris Miller v. Eric D. Clout, III, 2003-C-0091 (La. 10/21/093) [8 pp.]
From LSCR Volume 11, Issue 11 Plaintiff Iris Miller suffered personal injuries when her automobile was rear-ended on August 15, 1998. Liability was admitted, and the part... view full summary | | STATE AND LOCAL GOVERNMENT
| | 9. | Parish sales tax penalties may exceed 15%, overruling recent precedent.
Anthony Crane Rental v. Fruge, 03-C-0115 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11 Plaintiff ACR filed suit against the Parish of Calcasieu to contest the assessment of delinquent sales and use taxes, along with interest, p... view full summary | | WORKERS' COMPENSATION
| | 10. | Claimant's failure to disclose a pre-existing, unrelated injury does not result in forfeiture of benefits.
Nabors Drilling USA v. David Davis, 2003-C-0136 (La. 10/21/03) [21 pp.]
From LSCR Volume 11, Issue 11 The Court granted certiorari and reversed. The "Second Injury Fund" statute,... view full summary | | 11. | Notice of "denial" of benefits is sufficient to warn of potential "forfeiture" of benefits; resolving a split in the circuits.
Stiner v. Antoni's Italian Caf?, 03-C-0209 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11 Claimant Stiner fell from a ladder on the job, sustaining injuries to her back, neck, and stomach. Indemnity and medical benefits were paid ... view full summary | | 12. | Penalties for wrongfully reducing benefits construed.
Gwendolyn Chelette v. Riverwood International USA, Inc., 03-C-1483 (La. 10/17/03) [2 pp.]
From LSCR Volume 11, Issue 11 The only issue on this application for certiorari was "whether the court of appeal erred in affirming an award of a penalty pursuant to LSA-... view full summary |
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