| CRIMINAL
|
| 1. | Defendant's confession to probation officer admissible.
State v. Maise, 2000-K-1158 (La. 1/15/02) [19 pp.]
From LSCR Volume 10, Issue 1 Defendant appeals his conviction of aggravated rape of his six-year-old cousin, C.M. The victim testified that defendant had anally penetrat... view full summary |
| 2. | Shooter's specific intent not imputable to nonshooter in murder case.
State v. Bridgewater, 00-KA-1529 (La. 1/15/02) [37 pp.]
From LSCR Volume 10, Issue 1 Defendant appeals his conviction of first-degree murder. Defendant and an accomplice entered the victims' house for the purpose of committin... view full summary |
| 3. | Conviction not necessary for the court to find criminal conduct in violation of probation.
State v. Dorest, 01-KP-0581 (La. 1/15/02) [1 p.]
From LSCR Volume 10, Issue 1 Defendant's probation was revoked when the district court found that he had committed a misdemeanor. The court of appeal reversed, on the gr... view full summary |
| TORTS
|
| 4. | Person is not "handicapped" merely because his injury limits his work
activities.
Delaney v. City of Alexandria, 01-CC-1076 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12 Plaintiff injured his shoulder on the job while working for the City of Alexandria as a pump maintenance foreman. After surgery and one year... view full summary |
| 5. | Summary judgment for defense in parking lot rape case.
Goins v. Wal-Mart, 01-CC-1136 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 12 Mother filed suit on behalf of her minor daughter to recover damages after daughter was abducted from Wal-Mart's parking lot and raped. On t... view full summary |
| CONTRACTS
|
| 6. | Forum selection clause in admiralty contract invalid.
Sawicki v. K/S Stavanger Prince, 01-C-0528 (La. 12/7/01) [13 pp.]
From LSCR Volume 9, Issue 12 Plaintiff seaman filed suit in a Louisiana district court against his employer for damages he suffered while working on board ship. Plaintif... view full summary |
| CIVIL PROCEDURE
|
| 7. | Court of appeal may not modify judgment in the absence of appeal or
answer to appeal.
Walker v. Clarendon Nat. Ins. Co., 01-C-2338 (La. 12/14/01) [2 pp.]
From LSCR Volume 9, Issue 12 Plaintiff filed suit for UM coverage and was granted a "declaratory" summary judgment that the UM limits were $500,000.00. Defendant appeale... view full summary |
| DOMESTIC RELATIONS
|
| 8. | Court may not force the Department of Corrections to pay for private
care of juvenile not in the Department's custody.
State in the Interest of T.A., 00-CK-2560 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12 Juvenile court sentenced defendant to probation conditional upon, inter alia, defendant's participation in a youth Impact Program run by the... view full summary |
| 9. | Child support arrearage enforceable by contempt.
Fink v. Bryant, 01-CC-0987 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12 Mother was awarded judgment against father for monthly child support, retroactive to the date of demand, resulting in an arrearage of $4,885... view full summary |
| 10. | Parental rights terminated for failure to make progress in parenting
skills classes.
State in Interest of SNW, et al. v. Mitchell, 01-CJ-2128 (La. 11/28/01) [16 pp.]
From LSCR Volume 9, Issue 12 Defendant's parental rights to her six children were terminated after police were called to interrupt a violent episode involving defendant'... view full summary |
| CRIMINAL
|
| 11. | Prosecutor held in contempt of court.
In re: Lionel "Lon" Burns, 01-KK-1080 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 12 Defendant, a New Orleans assistant district attorney, was lead prosecutor in the third trial of George Lee, a former New Orleans police offi... view full summary |
| 12. | Evidence of prior bad act held harmless error.
State v. Grey, 00-K-1507 (La. 12/7/01) [6 pp.]
From LSCR Volume 9, Issue 12 Defendant was convicted of second-degree murder of her roommate. In an effort to destroy defendant's credibility, the state sought to show t... view full summary |