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. | "Plain feel" doctrine validates arrest for possession of crack pipe. State v. Lipscomb, 00-K-2836 (La. 1/25/02) [5 pp.] From LSCR Volume 10, Issue 2 Defendant was convicted of possession of cocaine. At trial, the arresting officer testified that he felt a cylindrical object in defendant's pocket during a pat down. He removed the object, determine... view full summary | | 2. | Undercover officers' approach of suspect not an "imminent stop." State v. Johnson, 01-KK-2436 (La. 1/25/02) [4 pp.] From LSCR Volume 10, Issue 2 Police received an anonymous tip that a man matching defendant's description was selling heroin at a certai n location. Undercover police officers in an unmarked car drove to the location, and observ... view full summary | | 3. | Delay attributable to defense tolls the speedy trial clock day for day. State v. Green, 01-KK-3358 (La. 2/1/02) [7 pp.] From LSCR Volume 10, Issue 2 Defendant Green was indicted on January 11, 2001 for second-degree murder. He was arraigned on February 13, and trial set for May 14. On March 16, Green's Indigent Defender Board ("IDB") counsel move... view full summary | | TORTS
| | 4. | Expert witnesses not immune from malpractice liability to their litigant-clients.
Marrogi v. Howard, 2001-CQ-1106 (La. 1/15/02) [24 pp.] From LSCR Volume 10, Issue 1 This is a certified question from the U.S. Court of Appeals for the Fifth Circuit: "Under Louisiana law, does witness immunity bar a claim a... view full summary | | 5. | Seat belt nonuse not admissible to show comparative fault in any lawsuit, but may be admissible to show automobile crashworthiness.
Rougeau v. Hyundai Motor America, et al., 01-CC-1182 (La. 1/15/02) [17 pp.] From LSCR Volume 10, Issue 1 Plaintiff filed this suit to recover damages for personal injuries she suffered when her car veered without warning into a utility pole.... view full summary | | 6. | Emergency personnel liable only for gross negligence when engaged in certain activities. Lenard v. Dilley, 01-CC-1522 (La. 1/15/02) [8 pp.] From LSCR Volume 10, Issue 1 Plaintiff's decedent was killed when the car she was driving struck an ambulance that was parked partially in the left lane of traffic while... view full summary | | CONTRACTS
| | 7. | Debtor entitled to extinguish debt for the amount paid by plaintiff-assignee. Luk-Shop, L.L.C. v. Riverwood Laplace Assoc., L.L.C., 01-CC-2446 (La. 1/15/02) [3 pp.] From LSCR Volume 10, Issue 1 Creditor CFSC filed suit in federal court against debtor Riverwood to collect amounts due under promissory notes and guaranty agreements, an... view full summary | | INSURANCE
| | 8. | Policy not ambiguous merely because the declarations page is modified by exemptions from coverage.
Succession of Fannaly v. Lafayette Ins. Co., 01-C-1144 (La. 1/15/02) [9 pp.] From LSCR Volume 10, Issue 1 Defendant insurer appeals judgment for plaintiffs in a declaratory action for automobile liability coverage. Plaintiffs and their decedents ... view full summary | | CONSTITUTIONAL LAW
| | 9. | Lifetime fishing ban for commercial fisheries violations not unconstitutional.
State v. Weaver, et al., 01-KA-0467 (La. 1/15/02) [14 pp.] From LSCR Volume 10, Issue 1 Defendants were charged with commercial harvesting of mullet using more than one net, too large a net, and/or at a prohibited time, all in v... view full summary | | WORKERS' COMPENSATION
| | 10. | In-house beautician not an employee of nursing home. Hillman v. Comm-Care, Inc., et al., 01-C-1140 (La. 1/15/02) [14 pp.] From LSCR Volume 10, Issue 1 Worker's compensation claimant was working part-time as the in-house beautician for a nursing home, when she hurt her back lifting a nursing... view full summary | | DOMESTIC RELATIONS
| | 11. | Juvenile court may not order a specific placement of a foster child in the state's custody.
State in the Interest of L.C.B., 01-CJ-2441 (La. 1/15/02) [11 pp.] From LSCR Volume 10, Issue 1 L.C.B. is a minor child who was adjudicated to be "in need of care" and was removed from his parents and placed in the permanent custody of ... view full summary | | CRIMINAL
| | 12. | State expert permitted to testify that the "purpose" of a gunshot was to cause death.
State v. Irish, 00-KA-2086 (La. 1/15/02) [14 pp.] From LSCR Volume 10, Issue 1 Defendant was convicted of first-degree murder of his landlord during an armed robbery of the landlord, was sentenced to death, and filed a ... view full summary | View next 12 articles
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