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. | Denial of right to testify a "structural defect" not subject to harmless error standard.
Sta te v. Josep h H am pton, No. 00-KP-05 22 (La. 3/2 2/02 ) [16 pp.]
From LSCR Volume 10, Issue 4 Defendant was convicted of second-degree murder, and filed this ap plication for post-conviction relief. Defense counsel tes tified that during trial, defendant repeatedly asked his couns el to allow... view full summary | | 2. | Reasonable suspicion upheld; probable cause existed for other offense.
Sta te v. Michael J. Frosch, 0 1-K -10 33 (La. 3/2 2/02 ) [2 pp.]
From LSCR Volume 10, Issue 4 Police observed the defendant looking into a truck and jiggling the door handle, at 11:5 0 p .m., in a neighborhood in which many cars had been sto len; and the defendant attempted to flee upon notic... view full summary | | ADMINISTRATIVE
| | 3. | Polygraph admissible in police disciplinary proceeding.
Evans v. DeRidder M unicipa l Fire and Police Civil Ser vice Bd., 01-C -24 66 (La. 4/3 /02) [15 pp.]
From LSCR Volume 10, Issue 4 Defendant Evans appeals his dismissal from his job as a DeRidder police officer. Evans had interviewed a shooting suspect named Prater, who then gave information that led to the arrest on narcotics c... view full summary | | INSURANCE
| | 4. | Sole proprietorship is not a "separate" owner of sole proprietor's "business" vehicle.
Robinson v. Heard, et al., 01-C-1697 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3 Plaintiff was injured in an automobile collision while driving his personal vehicle. He sued his own automobile liability insurer, Imperial, for UM coverage. The insurance policy for the personal veh... view full summary | | CIVIL PROCEDURE
| | 5. | Mandamus relief requires a showing that ordinary proceedings would cause injustice.
Louisiana Assessors' Retirement Fund, et al. v. City of New Orleans, et al., 01-C-0735 (La. 2/26/02) [2 pp.]
From LSCR Volume 10, Issue 3 Plaintiffs Louisiana Assessors' Retirement Fund and Louisiana Clerks' of Court Retirement and Relief Fund filed a petition for writ of mandamus against the City of New Orleans, its treasurer, and its... view full summary | | 6. | Assignments of error must be contained both in the writ application and in the brief, or are considered abandoned.
Boudreaux v. State, DOTD, 2001-C-1329 (La. 2/26/02) [9 pp.]
From LSCR Volume 10, Issue 3 Judgment was rendered against defendant Louisiana Department of Transportation and Development, and was affirmed on appeal. DOTD filed with the Court an application for a writ of certiorari and memor... view full summary | | 7. | Contra non valentem does not apply when proper defendant was discoverable within the prescriptive period.
Renfroe v. State, DOTD, 2/26/02 (La. 01-C-1646) [13 pp.]
From LSCR Volume 10, Issue 3 Plaintiff's decedent was killed in an automobile collision on Causeway Boulevard in Jefferson Parish, two-tenths of a mile north of Airline Highway. A sign on Causeway marked it as "LA 3046"; the acc... view full summary | | 8. | Changing the name of the judgment defendant is a change of substance, not form.
Tunstall v. Stierwald, 2001-C-1765 (La. 2/26/02) [10 pp.]
From LSCR Volume 10, Issue 3 Plaintiff suffered personal injuries when his vehicle was struck by defendant's vehicle. Plaintiff named Travelers as a defendant, but the suit was answered and coverage admitted by Phoenix Insurance... view full summary | | WORKERS' COMPENSATION
| | 9. | Hearing officer not empowered to order employer to replace case manager.
Martin v. Davison Transport, Inc., 01-C-3143 (La. 2/22/02) [3 pp.]
From LSCR Volume 10, Issue 3 Worker's compensation claimant filed a claim with the OWC alleging that his former employer had interfered with his medical care; had refused to consent to medical needs, such as a wheelchair; and ha... view full summary | | 10. | Unjustified demotion not a compensable "mental/mental" injury under LWCA.
Partin v. Merchants and Farmers Bank, 01-C-1560 (La. 3/15/02) [16 pp.]
From LSCR Volume 10, Issue 3 Claimant bank manger was demoted for failure to note a $5.00 discrepancy between a teller and a vault teller. Her thirteen-year employment record otherwise contained indications of satisfactory perfo... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 11. | Court declines to apply permanent disbarment rule, pretermits retroactivity issue.
In re: Leonard O. Parker, Jr., 00-B-3532 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 3 In this case and in two companion cases, In re: Gros, 98-B-0772, and In re: Patrick, 01-B-1419, the respondent attorney was already disbarred when the current charges of failure to return an unearned... view full summary | | ADMINISTRATIVE
| | 12. | Chain of custody of urine sample upheld.
Arriola v. Orleans Parish Sch. Bd., 01-C-1878 (La. 2/26/02) [16 pp.]
From LSCR Volume 10, Issue 3 Plaintiff petitioned for review of his termination as a school teacher. The school board terminated plaintiff after a urine sample tested positive for cocaine. At the administrative hearing, the Supe... view full summary |
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