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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| CIVIL PROCEDURE
| | 1. | Out-of-state attorney representing Louisiana client subject to personal
jurisdiction in Louisiana.
Alonso v. Line, 2002-CC-2644 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6 Plaintiff Alonso hired defendant, attorney Line, to represent her in a personal injury suit arising out of an automobile collision in Baton ... view full summary | | CONTRACTS
| | 2. | Majority-owner timber sale statute constitutional.
Allain v. Martco Partnership, 2002-CA-1796 (La. 5/23/03) [15 pp.]
From LSCR Volume 11, Issue 6 Plaintiffs are 17% undivided owners of a tract of timberland. The 83% owners contracted with defendant Martco to sell the timber interests i... view full summary | | STATE AND LOCAL GOVERNMENT
| | 3. | Private, charter, and special schools are not entitled to a share of lump-sum Tobacco Settlement, when they are only entitled to "earnings" of the Education Fund.
East Baton Rouge School Board v. Foster, 2002-CA-2799 (La.6/6/03) [33 pp.]
From LSCR Volume 11, Issue 6 This declaratory judgment action was brought by Louisiana public school boards to determine the complex distribution of proceeds from tobacc... view full summary | | CRIMINAL
| | 4. | State cannot withhold names of potential witnesses on safety grounds.
State v. Miller, 03-KK-0796 (La. 6/4/03) [3 pp.]
From LSCR Volume 11, Issue 6 The State opposed Brady/Giglio defendant's discovery requesting a list of potential witnesses, on the ground that it places the witnesses at... view full summary | | 5. | Victim's post-traumatic stress disorder inadmissible as substantive proof of sex abuse.
State of Louisiana v. Chauvin,2002-K-1188 (La. 5/20/03) [20 pp.]
From LSCR Volume 11, Issue 6 At defendant's trial on two counts of indecent behavior with a juvenile, and over his objection, the State was allowed to introduce the expe... view full summary | | 6. | "Shoot the burglar" statute does not justify shooting of friend in defendant's house.
State in the Interest of D.P.B., 022-CK-1742 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6 The juvenile, defendant D.P.B., was adjudicated a delinquent for the crime of manslaughter, La.R.S. S 14:31. Defendant and J.P.R. had been f... view full summary | | 7. | No laboratory proof necessary to establish that substance was cocaine.
State v. Harris, 2002-K-1589 (La. 5/20/03) [9 pp.]
From LSCR Volume 11, Issue 6 Police officers observed defendant on the street selling cocaine that he kept in a paper bag hidden within nearby shrubbery. After arrest, t... view full summary | | 8. | While one count in a joint indictment was still pending on appeal, the state timely re-indicted on another count.
State v. Washington, 2002-KK-1346 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6 Defendant was indicted jointly in a single true bill for armed robbery and aggravated rape. Defendant never moved to sever the charges. Afte... view full summary | | 9. | Circumstantial evidence sufficient to convict of manslaughter. State v. Donald Brown, 2002-K-1922 (La.
5/20/03) [10 pp.]
From LSCR Volume 11, Issue 6 Defendant appeals his conviction of manslaughter. The naked body of Kathryn Rankin was found about in the morning on April 7, 1999, along a ... view full summary | | STATE AND LOCAL GOVERNMENT
| | 10. | Collateral source rule gives state full recovery against environmental polluters.
Louisiana, DOTD v. Kansas City So. Ry. Co., 2002-C-2349 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5 Louisiana Department of Transportation and Development ("DOTD") expended several million dollars to remove environmental pollution at a construction site for Interstate 49 in Shreveport, Louisiana. T... view full summary | | TORTS
| | 11. | Dept. of Health and Hospitals liable for negligent enforcement of Sanitary Code.
Eileen Gregor v. Argenot Great Cent. Ins. Co., 2002-C-1138 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5 Plaintiffs filed suit to recover damages for the personal injury and wrongful death of Daniel Gregor, who died of vibrio vulnificus septicemia, after consuming raw oysters at a restaurant in Louisian... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 12. | Misrepresentations to court warrant permanent disbarment.
In re: Donald O. Pinkston, 2002-B-3251 (La. 5/20/03) [16 pp.]
From LSCR Volume 11, Issue 5 Respondent attorney objects to a recommendation of disbarment. In 1993, Dwayne Small, respondent's stepson, pled guilty to manslaughter in O... view full summary |
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