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. | Harsh sentence correct, despite leniency in federal court.
State v. Phillips, 02-K-0737 (La. 11/15/02) [1 p.]
From LSCR Volume 10, Issue 11 In a brief per curiam opinion, the Court affirmed the district court's strict sentencing of defendant, despite the fact that defendant's cooperation with federal authorities earned him a mild penalty... view full summary | | CIVIL PROCEDURE
| | 2. | Interlocutory judgments certified as final are appealable from the date of notice of certification.
Fraternal Order of Police v. City of New Orleans, 02-C-1801 (La. 11/8/02) [6 pp.]
From LSCR Volume 10, Issue 11 The City sought to appeal a partial summary judgment entered by the trial judge pursuant to art. 966(E) on April 27, 2000. On June 5, 2000, 39 days after the issuance of the judgment, the City filed ... view full summary | | 3. | Trial court properly limited Phase I trial to defendant's liability vel non.
Scott v. American Tobacco Co., 2002-CC-2449 (La. 11/15/2002) [6 pp.]
From LSCR Volume 10, Issue 11 Plaintiffs filed this class action against defendant manufacturers of tobacco products alleging that defendants are liable for intentional tort, fraud, and strict liability for making tobacco product... view full summary | | DOMESTIC RELATIONS
| | 4. | Parent's application to relocate not in best interest of children.
Curole v. Curole, 2002-C-1891 (La. 10/15/02) [13 pp.]
From LSCR Volume 10, Issue 10 G.C. and M.C. divorced and were awarded joint custody of their children, N.C. and E.C. G.C. was the custodial parent. The divorce and custody issues were frequently contentious. G.C. applied for perm... view full summary | | CRIMINAL
| | 5. | Failure to hold competence hearing nullifies murder conviction.
State ex rel. Seals v. State, 00-KP-2738 (La. 10/25/02) [10 pp.]
From LSCR Volume 10, Issue 10 Defendant was indicted in 1991 for first-degree murder of a cab driver during the course of an armed robbery. Prior to trial, defendant moved for a psychiatric evaluation to determine competence to s... view full summary | | 6. | Failure to disclose Brady material improper; conviction vacated.
State v. Richard Kemp, 00-K-2228 (La. 10/15/02) [9 pp.]
From LSCR Volume 10, Issue 10 Defendant was convicted in the shooting death of "Boo" Landry, who was attempting to mediate a fistfight between Landry's brother and defendant's friend. The decedent, Landry, was a large man who was... view full summary | | 7. | Guest in house convicted of constructive possession.
State v. Toups, 2001-K-1875 (La. 10/15/02) [8 pp.]
From LSCR Volume 10, Issue 10 Defendant Toups was in the house with codefendant Williams when the police executed a search warrant for Williams's home. Both individuals were seated three feet from a coffee table, engaged in conve... view full summary | | 8. | "Imperfect" guilty plea transcript acceptable for habitual offender sentencing.
State v. Zachary, 01-KK-3191 (La. 10/25/02) [6 pp.]
From LSCR Volume 10, Issue 10 Defendant was originally indicted with another individual on first-degree murder, but eventually faced trial for obstruction of justice. After a guilty verdict, the state filed an habitual offender b... view full summary | | TORTS
| | 9. | "Significant exposure" to asbestos determines date of injury for application of worker's compensation immunity.
Alfred Austin v. Abney Mills, Inc., 2001- C- 1598 (La. 9/4/02) [27 pp.]
From LSCR Volume 10, Issue 9 Plaintiff suffers from malignant pleural mesothelioma, a long-latency asbestos-related disease, which he allegedly contracted during his employment from 1955 to 1998. Plaintiff was diagnosed with mes... view full summary | | 10. | Prison guard hit during training may sue for intentional tort.
Cole v. State of Louisiana, 01-C-2123 (La. 9/4/02) [18 pp.]
From LSCR Volume 10, Issue 9 Plaintiff Cole, a prison guard in a "tactical" unit at Phelps Correctional, was involved in a training simulation at another prison, in which Cole and other tactical guards were role-playing as angry... view full summary | | CIVIL PROCEDURE
| | 11. | Garnishee need not withhold amounts payable to independent contractor.
Tower Credit, Inc. v. Tonya Carpenter, 01-C-2875 (La. 9/4/02) [8 pp.]
From LSCR Volume 10, Issue 9 Defendant defaulted on a promissory note held by plaintiff Tower Credit, who sued and was awarded judgment for $10,000 -- the full amount of the debt, plus interest and attorney's fees. Tower propoun... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | City minimum wage ordinance unconstitutional: municipal home rule trumped by general state law.
New Orleans Campaign for a Living Wage v. City of New Orleans, 02-CA-0991 (La. 9/4/02) [14 pp.]
From LSCR Volume 10, Issue 9 Plaintiffs ("Proponents") and defendants ("Opponents") filed simultaneous suits seeking to determine the respective constitutionality of City of New Orleans Ordinance No. 20376, establishing a minimu... view full summary |
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