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. | Mere possession of used crack pipe sufficient to convict of possession of cocaine.
State v. Sylvia, 01-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 5 Defendant appeals his conviction of attempted possession of cocaine. Defendant and another man were in a fist fight when police arrived. Both were intoxicated. Police arrested the two for public into... view full summary | | 2. | Plea with reservation of right to appeal includes right to appeal evidentiary rulings.
State v. Joseph, 03-K-315 (La. 5/16/03) [2 pp.]
From LSCR Volume 11, Issue 5 Defendant pled guilty, with a reservation of right to appeal, but failed to specify which pretrial rulings he desired to reserve for appeal. Such failure as part of a guilty plea entered pursuant to ... view full summary | | 3. | Nolle prosequi then re-indictment "continuance" not a speedy trial violation.
State v. Love, 2000-K-3347 (La. 5/23/03) [21 pp.]
From LSCR Volume 11, Issue 5 Defendant was charged with possession of cocaine with intent to distribute. ATF Agent Brown observed defendant discard a paper bag which later was determined to hold cocaine. Defendant's first trial ... view full summary | | 4. | Capital conviction affirmed.
State v. Tate, 2001-KA-1658 (La. 5/20/03) [29 pp.]
From LSCR Volume 11, Issue 5 Defendant appeals his conviction of first-degree murder of three people by drive-by shooting during an armed robbery. Defendant and his accomplices, driving defendant's Cutlass, chased four other men... view full summary | | TORTS
| | 5. | Voc rehab counselor not immune from tort suit under WCA.
Brown v. Adair, 2002-C-2028 (La. 4/9/03) [8 pp.]
From LSCR Volume 11, Issue 4 Plaintiff Brown was injured on the job as a sous chef at a restaurant, and received worker's compensation disability and medical benefits. T... view full summary | | MEDICAL MALPRACTICE
| | 6. | Settlement by Med Mal defendant, without its insurer, does not establish liability of PCF.
Ginn v. Woman's Hosp. Foundation, 02-C-1913 (La. 4/9 /03) [13 pp.]
From LSCR Volume 11, Issue 4 Plaintiff filed suit to recover damages for personal injuries she suffered when she allegedly received a blood transfusion from defendant Ho... view full summary | | CIVIL PROCEDURE
| | 7. | Nullification of testament not res adjudicata as to damages claim against administratrix.
Burguieres v. Po llingue, 2002-CC-1385 (La. 2/2 5/03) [13 pp.]
From LSCR Volume 11, Issue 4 Plaintiffs were heirs of a succession who had previously filed suit against the administratrix, Mrs. Pollingue, to nullify the probated test... view full summary | | 8. | Defendants' violation of TRO not an act of contempt.
Dauphine v. Carencro H igh School, 2002-C C-2005 (La. 4/2 1/00) [17 pp.]
From LSCR Volume 11, Issue 4 Plaintiff was a high school student who was inform ed three days before graduation that he would not graduate, due to his failure of Algebra... view full summary | | 9. | Court of appeal erred in not rehearing case before a five-judge panel.
Bailey v. Kh oury, 03-C C-0165 (La. 4/4 /03) [2 pp.]
From LSCR Volume 11, Issue 4 Defendan ts applied for supervisory review of an adverse judgment, and the judgment was reversed, with one judge dissenting. The court of ap... view full summary | | 10. | Limitations period for Board of Ethics suit prescriptive, not peremptive.
State Board of E thics v. O urso, 2002-C-1978 (La. 4/9/03) [10 pp.]
From LSCR Volume 11, Issue 4 Defendant judicial candidate filed, no later than N ovember 19, 19 98, campaign disclosure statements which, the Board of Ethics claimed, di... view full summary | | STATE AND LOCAL GOVERNMENT
| | 11. | Denial of civil service promotion to black officer not improper.
Mo ore v. W are, W est Monroe Fire and Police, 01-C-3341 (La. 2/2 5/03) [17 pp.]
From LSCR Volume 11, Issue 4 Plaintiff appeals the denial of the Civil Service Board ("Board") of West Monroe Parish to order him promoted to sergeant. Plaintiff was a b... view full summary | | 12. | "Nonrenewal" of teacher's contract is the equivalent of discharge.
Palm er v. State Bd. Elem . & Second. Ed., 2002 -C-2043 (La. 4/9/03) [12 pp.]
From LSCR Volume 11, Issue 4 Plaintiff Palmer was employed by the Special School District # 1 ("SSD") as a probationary special education teacher for the 1998-1999 and 1... view full summary |
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