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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| EMPLOYMENT
| | 1. | "Use it or lose it" vacation policy held valid.
Wyatt v. Avoyelles Parish Sch. Bd., 2001-C-3180 (La. 12/4/02) [17 pp.]
From LSCR Volume 10, Issue 12 Plaintiffs were former employees of defendant school board who retired and were not compensated for vacation days that they had not used during their tenure. The board had a "use it or lose it" polic... view full summary | | WORKERS' COMPENSATION
| | 2. | Fraudulent mileage claim forfeits all worker's compensation benefits.
St. Bernard Parish Police Jury v. Duplessis, 02-C-0632 (La. 12/4/02) [9 pp.]
From LSCR Volume 10, Issue 12 Worker's compensation claimant was found to have fraudulently inflated mileage incurred for medical treatment, which he submitted to his worker's compensation payor for reimbursement. The payor moved... view full summary | | DOMESTIC RELATIONS
| | 3. | Adjudication of a child to be "in need of care" sufficient to terminate parental rights to subsequent children.
State in the Interest of L.B. v. G.B.B., 2002-CJ-1715 (La. 12/4/02) [13 pp.]
From LSCR Volume 10, Issue 12 The Office of Community Services brought this action to terminate the parental rights of G.B.B. to her infant child, L.B. G.B.B. is schizophrenic and bipolar. Two of her children are in custody of th... view full summary | | CRIMINAL
| | 4. | Pervasive child abuse sufficient to prove specific intent; capital sentence affirmed.
State v. Wright, 01-KA-0322 (La. 12/4/02) [27 pp.]
From LSCR Volume 10, Issue 12 Defendant was convicted and sentenced to death for first-degree murder. Defendant's girlfriend's six- year-old daughter collapsed in a Dairy Queen, lapsed into a coma, and died. The victim's body was... view full summary | | 5. | Defendant's request for a lawyer before she was questioned insufficient to invoke 6th Amendment right to counsel.
State v. Payne, 2001-KK-3196 (La. 12/4/02) [16 pp.]
From LSCR Volume 10, Issue 12 Defendant was questioned in connection with the child abuse death of her foster child. Police received consent to search her home. Both defendant and her friend, Ms. Davis, testified that defendant h... view full summary | | 6. | No particular crime need be established in affidavit in support of search warrant.
State v. Green, 2002-KK-1022 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12 The four-year-old son of defendants was admitted to the hospital with second- and third-degree burns over 50% of his body. Investigating officers took a Mirandized statement from the parents in which... view full summary | | 7. | Supervisory writ granted: Prior bad acts admissible to show felonious intent.
State v. Morris, 02-KK-1778 (La. 12/4/02) [1 p.]
From LSCR Volume 10, Issue 12 Writ granted. "[T]he ruling of the trial court on the state's notice of intent to introduce evidence of defendant's acts of violence and threats against the victim, both during and after their relati... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 8. | Lawyer permanently disbarred; discipline increased ex proprio motu.
In re: Morphis, 2001-B-2803 (La. 12/4/02) [10 pp.]
From LSCR Volume 10, Issue 12 Respondent attorney was found, inter alia, to have (1) overdrawn his client trust account and converted to his own use approximately $800,000.00 of the trust funds; (2) negotiated settlements worth $... view full summary | | CRIMINAL
| | 9. | Mental retardation exempts a defendant from capital punishment and must be determined pretrial;
overruling controlling precedent. State v. Williams, 2001-KA-1650 (La. 11/1/02) [33 pp.]
From LSCR Volume 10, Issue 11 Defendant was convicted of first-degree murder of a pizza delivery man during the course of an armed robbery, and was sentenced to death. Defendant asserted inter alia, the following errors at trial:... view full summary | | 10. | "Big fish/little fish" statement by arrestee constituted probable cause to arrest another.
State v. Hills, 01-K-0723 (La. 11/8/02) [8 pp.]
From LSCR Volume 10, Issue 11 Defendant appeals his conviction of possession of cocaine with intent to distribute. Police officers had received a tip from an informant that "James" was selling cocaine in a certain location. Surve... view full summary | | 11. | Capital murder case remanded for mental retardation hearing, otherwise affirmed.
State v. Dunn, 2001-CA-1635 (La. 11/1/02) [32 pp.]
From LSCR Volume 10, Issue 11 Defendant appeals his conviction for first-degree murder and sentence of death. Defendant and two others, Breaux and Scott, entered a bank in Napoleonville, robbed it at gunpoint, and then murdered t... view full summary | | 12. | "Heat run," with other circumstances, provided probable cause for arrest.
State v. Vauchon Cojoe, 01-KK-2465 (La. 10/25/02) [7 pp.]
From LSCR Volume 10, Issue 11 Defendant was charged with possession with intent to distribute cocaine. DEA agents had learned from confidential informants that an individual named Lumar was involved in a drug distribution operati... view full summary |
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