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. | Conviction reversed for failure to charge on lesser included offense of criminal trespass.
State v. Eddie Simmons, 01-K-0293 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5 Defendant was charged with unauthorized entry of a dwelling. Prior to trial, defendant requested that the responsive verdict form include criminal trespass as a lesser included offense. The district ... view full summary | | 2. | District court may correct an inadvertent grant of a new trial, even during an appeal.
State v. Michael Williams, 01-K-0554 c/w 01-K-0667 (La. 5/14/02) [13 pp.]
From LSCR Volume 10, Issue 5 Defendant was convicted of second-degree murder. Prior to sentencing, defendant submitted a pro se motion for new trial, with an ex parte order attached granting the same. The court sentenced the def... view full summary | | 3. | Lesser included offense verdict valid.
State v. Shelia Little, 01-K-2218 (La. 3/28/02) [2 pp.]
From LSCR Volume 10, Issue 5 Because lesser and included grades of the charged offense are those in which all of the essential elements of the lesser offense are also essential elements of the greater offense charged, the eviden... view full summary | | 4. | Ineffective assistance claim denied.
State v. Stewart, 00-K-2960 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 5 Defendant was convicted of distribution of cocaine. The court of appeal found that defendant had received ineffective assistance of counsel, and reversed. &nbs... view full summary | | 5. | Death sentence affirmed.
State v. Carmouche, 01-KA-0405 (La. 5/14/02) [44 pp.]
From LSCR Volume 10, Issue 5 Defendant was convicted of first-degree murder of his girlfriend and their two children and sentenced to death. On appeal, defendant argued, inter alia, that (1) the trial court should have granted t... view full summary | | 6. | Double jeopardy appeal from guilty plea rejected.
State v. Christopher D. Arnold, 01-KP-1399 (La. 5/14/02) [1 p.]
From LSCR Volume 10, Issue 5 Defendant pled guilty, then appealed his conviction on double jeopardy grounds. The court of appeal reversed. The Court granted certior... view full summary | | DOMESTIC RELATIONS
| | 7. | Rehearing granted, prior opinion vacated; out-of-state wife may have colorable claim against Louisiana husband's property
Iva n L. H and, Jr. v. Gwendolyn R ob ins on Ha nd, 01-C-07 14 (La. 3/2 2/02 ) [1 pp.]
From LSCR Volume 10, Issue 4 In an opinion rendered on 11/28/01 [reported in November, 2001 issue of LSCR] the Court held that a husband's unilateral establishment of a Louisiana domicile did not create a community of acquets an... view full summary | | 8. | Out-of-court community property settlement is subject to claims of lesion.
Ho over v. Ho over, 0 1-C -22 00 (La. 4/3 /02) [9 pp.]
From LSCR Volume 10, Issue 4 Wife seeks to invalidate her out-of-court partition of community prop erty with her ex-husband on the ground of, inter alia, lesion. Husband had sued for divorce and for custody, which were resolved ... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 9. | Allowing a paralegal to adjust claims without supervision violates rules 5.3 and 5.5.
In Re: Tyr one C. Brow n, No. 01-B -28 63 (La. 3/2 2/02 ) [8 pp.]
From LSCR Volume 10, Issue 4 Respondent attorney entered into an arrangement with an "investigator" named Matthews, who had been successfully "representing" personal injury claimants to insurance adjusters. Respondent and Matthe... view full summary | | CRIMINAL
| | 10. | Method of picking grand jury foreman unconstitutional; indictment quashed; conviction and sentence reversed.
State v. Ricky Joseph Langley, 95-KA-1489 (La. 4/3/02]
From LSCR Volume 10, Issue 4 Prior to 1999, La. Code Crim. P. art. 413 allowed the district judge to select the grand jury foreman. Defendant was a white male indicted in 1992 of first-degree murder, convicted, and sentenced to ... view full summary | | 11. | Failure to disclose rap sheets, deals with witnesses erroneous, but harmless.
Sta te v. David Henry Bow ie, No. 200 0-K A-3 34 4 (La. 4/3/02) [31 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of first degree murder and sentenced to death, and raises four assignments of error: (1) the state failed to disclose evidence of plea bargains or inducements offered to state... view full summary | | 12. | Burglary established by circumstantial evidence.
Sta te v. Steve M . Marcantel, No . 00-KO -16 29 (La. 4/3 /02) [12 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of felony theft and possession of firearms. A home was burglarized and several firearms were stolen from it while the victims were on a camping trip. Three state witnesses, ac... view full summary |
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