LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2772 through 2784
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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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
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