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. | Supervisory writ granted to suppress inculpatory statement.
State of Louisiana v. Simon Hutchinson, 02-KK-0304 (La. 6/6/02) [1 p.]
From LSCR Volume 10, Issue 6 The Court granted defendant's application for supervisory writ, after the district court denied his motion to suppress an inculpatory statement on Sixth Amendment grounds: "The state has not shown th... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 2. | Only permanent resident aliens may take the bar exam; overruling prior jurisprudence.
In Re: Richard John Bourke, 02-OB-1468 (La. 6/13/02) [3 pp.]
From LSCR Volume 10, Issue 6 Petitioner is an Australian citizen who has a professional visa allowing him to work in the United States until 2005. He is currently employed in a nonprofit legal organization. He applied for permis... view full summary | | TORTS
| | 3. | Business owner not liable to teenage trespassers who suffered injury.
Lisa Racine v. Moon's Towing, 01-CC-2837 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5 Plaintiff's sons Hunter and Logan, fifteen and fourteen years old, respectively, entered the premises of Goldwasser Moving and Storage without permission. After climbing a water tower and dropping ob... view full summary | | CONTRACTS
| | 4. | Parol evidence inadmissible to interpret written notice sent pursuant to a written contract.
E. R. Campbell, III v. Harold Keith Melton, 01-C-2578 (La. 5/14/02) [16 pp.]
From LSCR Volume 10, Issue 5 Purchaser and seller entered into an agreement for the sale of a house. The seller eliminated the standard inspection clause; and instead the mutual agent for the two parties inserted an "additional ... view full summary | | MEDICAL MALPRACTICE
| | 5. | Premature filing of suit, or untimely filing against solidary codefendant, does not interrupt Med Mal prescription.
Geiger v. State, DHH, 01-CC-2206 (La. 4/12/02) [13 pp.]
From LSCR Volume 10, Issue 5 Plaintiffs' child suffered injuries in a fall from an indoor swing on July 13, 1992, for which the child was treated at Earl K. Long Hospital. Plaintiffs filed suit on July 14, 1993 against the manuf... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 6. | Former government attorney not prohibited from filing suit against the state.
Walker v. State, DOTD, 01-CC-2078 c/w 01-CC-2079 (La. 5/14/02) [10 pp.]
From LSCR Volume 10, Issue 5 Attorney Vidrine was employed by the Louisiana Attorney General's office for ten years in the "road hazard division," in which he defended the DOTD against tort claims based upon road hazard. Upon hi... view full summary | | CIVIL PROCEDURE
| | 7. | Partial judgments in worker's compensation not appealable.
James O. Rhodes v. Ralph Lewis, Sr., 01-C-1989 (La. 5/14/02) [8 pp.]
From LSCR Volume 10, Issue 5 The OWC hearing officer made a partial determination that only one of three defendants was an "employer" liable for claimant's work-related injury. The extent of injury and benefits were reserved for... view full summary | | CONSTITUTIONAL LAW
| | 8. | No right to jury trial in juvenile delinquency cases.
State in the Interest of D.J., 01-KA-2149 (La. 5/14/02) [14 pp.]
From LSCR Volume 10, Issue 5 Juvenile defendant was charged with delinquency, specifically, attempted second-degree murder. Defendant moved for trial by jury. Defendant and amici curiae argued that La. Ch. Code arts. 808 and 882... view full summary | | CRIMINAL
| | 9. | Seat belt stop may provide reasonable suspicion for DWI arrest.
State v. Tenna Benoit, Jr., 01-KK-2712 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5 Defendant was pulled over for failure to wear a seatbelt. The arresting officer, Blanchard, order the defendant from his car. Blanchard noticed that defendant was using the car to steady himself, and... view full summary | | 10. | Time limitation on Habitual Offender Law applies only to the immediately previous felony.
State v. Larry Everett, 00-K-2998 [18 pp.]
From LSCR Volume 10, Issue 5 Defendant was convicted of felonies in 1984 and 1993. In 1993, defendant was not charged as a second-felony offender under the Habitual Offender Law ("HOL"), because the statute provided at the time ... view full summary | | 11. | Judge's participation in plea bargaining renders guilty plea invalid.
State v. Landour Bouie, 2000-K-2934 (La. 5/14/02) [13 pp.]
From LSCR Volume 10, Issue 5 Defendant was charged with second-degree murder. The state alleged that he drove the shooter to the murder scene, where his codefendant shot the victim with a rifle. Prior to trial, the district judg... view full summary | | 12. | Ineffective assistance claim relegated to post-conviction proceedings, when state's evidence was not challenged at trial.
State v. Marva L. Watson a/k/a Lawrence Lackings, 00-K-1580 (La. 5/14/02) [5 pp.]
From LSCR Volume 10, Issue 5 Defendant was convicted of possession of heroin. New Orleans Police Officers saw the defendant holding an object in his fist in the Florida housing project and asked him to open his hand. Defense cou... view full summary |
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