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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| STATE AND LOCAL GOVERNMENT
| | 1. | Ban on casino political contributions constitutional.
Casino Association of Louisiana v. State of Louisiana, 02-CA-0265 (La. 6/21/02) [23 pp.]
From LSCR Volume 10, Issue 7 Land-based and riverboat casino interests filed suit to invalidate La.R.S. S 18:1505.2(L), prohibiting campaign contributions by those casinos and by related persons and entities. The district court ... view full summary | | CONSTITUTIONAL LAW
| | 2. | Ruling that a law is unconstitutional as applied may not be appealed directly to the Court.
State v. Fleming, 01-KA-2799 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7 Defendants moved to quash their indictment, arguing that La. Code Crim. P. art. 413(C), governing the selection of grand jurors in Orleans Parish, was unconstitutional, and that it constituted a loca... view full summary | | WORKERS' COMPENSATION
| | 3. | Death and burial expense benefits prescribe one year from date of death.
Jonise v. Bologna Brothers, 01-C-3230 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7 Plaintiff's decedent collapsed while at work and was pronounced dead on arrival at the hospital. More than one year after his death, plaintiff filed with the OWC a disputed claim for death benefits a... view full summary | | CRIMINAL
| | 4. | Batson violation requires new trial for capital murderer.
State of Louisiana v. Edward Irvin Harris, 2001-KA-0408 (La. 6/21/02) [11 pp.]
From LSCR Volume 10, Issue 7 Defendant, a black male, was convicted of the drive-by murder of a rival drug dealer and a woman walking with him (first degree). At trial, the state peremptorily struck the first black venireman. Th... view full summary | | 5. | Evidence suppressed: police did not make full disclosure in applying for the warrant.
State of Louisiana v. Ditra S. Horton, 01-KK-2529 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7 Defendants were charged with distribution of narcotics, and moved to suppress the evidence. Police had received information from a confidential informant ("CI") that individuals matching the descript... view full summary | | 6. | Defendant is subject to statutory penalty as of the date of the offense, even if the penalty has been lessened as of the date of sentencing.
State v. Daniel Sugasti, 01-K-3407 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7 Defendant pled guilty to possession of heroin. At the time of the offense, and at the time of conviction, the applicable criminal statute, La.R.S. S 40:966(C)(1), disallowed probation or suspension o... view full summary | | 7. | Lessened DWI penalties apply retroactively.
State v. Michael Mayeux, 01-KK-3195 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7 Defendant was convicted of DWI, fourth offense. At the time of the offense, the penalties for third and fourth DWI's provided for long mandatory jail terms, after which the defendant could have parti... view full summary | | 8. | Subjective intent to search defendant does not create an "imminent stop."
State of Louisiana v. Ernest J. Dobard, 01-KK-2629 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7 Defendant was charged with possession of cocaine, and moved to suppress the evidence. Defendant was in a bar in a housing project in New Orleans when plainclothes vice police entered the bar to condu... view full summary | | 9. | Evidence suppressed: discovery of narcotics in ceiling panels was not inevitable.
State of Louisiana v. Byron Vigne, 01-KK-2940 (La. 6/21/02) [13 pp.]
From LSCR Volume 10, Issue 7 Police received information from a confidential informant that defendant was wholesaling cocaine from his house. Based upon this evidence, police obtained a search warrant, which authorized the offic... view full summary | | 10. | Prior offense for second possession of marijuana must have been possession, and not some other drug offense.
State v. Serell J. Anders, 01-K-0556 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7 The district judges in two unrelated cases granted defendants' motions to quash bills of information for possession of marijuana, second offense, on the ground that the defendants' previous convictio... view full summary | | CIVIL PROCEDURE
| | 11. | Reversible error to cut off defense cross-examination.
State v. Darian Robinson, 01-K-0273 (La. 5/17/02) [10 pp.]
From LSCR Volume 10, Issue 6 Defendant was convicted of possession of cocaine with intent to distribute. Police had stopped defendant and a Mr. Williams in middle of an argument, whereupon Williams stated that defendant had been... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | "Nonshooter" had specific intent to kill; vacating prior opinion on rehearing.
State v. Bridgewater, 00-KA-1529 (La. 6/21/02) [11 pp.]
From LSCR Volume 10, Issue 6 Defendant appeals his conviction of first-degree murder. Defendant and an accomplice entered the victims' house for the purpose of committing burglary; and both victims were shot in the head, executi... view full summary |
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