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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| ADMINISTRATIVE
| | 1. | Public Service Commission can set pilotage rates despite shipping industry commissioner walk-out.
CITGO v. La. Public Service Comm'n, 01-CA-1902 c/w 01-CA-1904 [13 pp.]
From LSCR Volume 10, Issue 3 The tariffs for pilotage in the Lake Charles area are set by the Lake Charles Pilots, Inc. Fee Commission, composed of four pilots and four shipping industry representatives, who are to set fees by m... view full summary | | CRIMINAL
| | 2. | Triple murderer death sentence affirmed.
State v. LaCaze, 99-KA-0584 (La. 1/25/02) [36 pp.]
From LSCR Volume 10, Issue 3 Defendant LaCaze was the accomplice of former New Orleans Police Officer Antoinette Frank, and was convicted of first-degree murder for a triple murder in a restaurant. Defendant argued ineffective a... view full summary | | 3. | "Special familiarity" of anonymous tip justifies police stop; all subsequently-obtained evidence admissible.
State v. Fedison, et al., 01-KK-2736 (La. 2/8/02) [2 pp.]
From LSCR Volume 10, Issue 3 Defendants were charged with conspiracy to distribute narcotics. Police received information from a confidential informant that defendant Fedison would be traveling at a certain place, at a certain t... view full summary | | 4. | "Cornering" suspect on a front porch not a warrantless stop or imminent stop.
State v. Jackson, 00-K-3083 (La. 3/15/02) [4 pp.]
From LSCR Volume 10, Issue 3 Defendant was identified by a confidential informant as selling cocaine at a certain place and time. Police officers in an unmarked car drove to the location, saw defendant, and approached by car. De... view full summary | | 5. | Officer's entry of front porch not a Fourth Amendment violation.
State v. Brisban, 00-K-3437 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3 Defendant was convicted of attempted possession of cocaine. The arresting officer was next door at a guest house, when he noticed that the front porches of the neighboring houses were empty. He knew ... view full summary | | 6. | "Habitual offender" convictions can be proved by any competent evidence.
State v. Payton, 00-K-2899 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 3 Defendant was convicted of two counts of armed robbery, whereupon the state filed a multiple bill of information against defendant as a third-felony habitual offender. At the multiple bill hearing, t... view full summary | | 7. | Discovery violation by the state not prejudicial.
State v. Harris, 00-K-3459 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3 Defendant was convicted of manslaughter in the shooting death of his girlfriend. At trial, the state presented the testimony of a witness to the effect that defendant had stated, prior to the shootin... view full summary | | 8. | Defendant need not be advised of possible deportation, a "collateral consequence" of pleading guilty.
State v. Montalban, 2000-KP-2739 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3 Defendant, a citizen of Cost Rica, pled guilty to aggravated criminal damage to property, and received a suspended three-year sentence, and three years probation. He subsequently discovered that his ... view full summary | | 9. | Length of defendant's prior sentence properly admitted as an aggravating factor in penalty phase.
State v. Ball, 00-KA-2277 (La. 1/25/02) [40 pp.]
From LSCR Volume 10, Issue 2 Defendant was convicted of first-degree murder and sentenced to death. He raised the following three assignments of error: (1) At his trial, the state used most of its challenges to strike black juro... view full summary | | MEDICAL MALPRACTICE
| | 10. | Physician's "dumping" of an uninsured patient falls within the MMA; Court adopts three new factors in determining application of the MMA.
Coleman v. Deno, 01-C-1517 (La. 1/25/02) [29 pp.]
From LSCR Volume 10, Issue 2 Plaintiff Coleman presented himself at Jo Ellen Smith Hospital ("JESH") complaining of swelling in his left arm. Defendant Dr. Deno saw Coleman and diagnosed him with cellulitis, an infection of conn... view full summary | | CIVIL PROCEDURE
| | 11. | Nonparty that defied a court order erroneously held in contempt.
Billiot v. Billiot, 01-C-1298 (La. 1/25/02) [11 pp.]
From LSCR Volume 10, Issue 2 Parents P.B. and J.B. divorced and were awarded joint custody of their child, A.B. The custody judgment named P.B. as domiciliary parent, but domicile was subsequently changed to J.B. Four years late... view full summary | | 12. | Juror misconduct must be proved in an evidentiary hearing.
Axcess Global Communication of America Corp. v. Matsushita Electric Industrial Co., Ltd., 01-CC-2167 (La. 2/1/02) [3 pp.]
From LSCR Volume 10, Issue 2 Plaintiffs filed suit against defendant alleging fraud and breach of contract. After a jury verdict in favor of defendant, plaintiffs filed a motion for new trial and raised the ground of jury miscon... view full summary |
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