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. | Defendant prohibited from impeaching victim with her statements
about prior drug use.
State v. Jackson, 00-K-1573 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12 Defendant was convicted of rape. During trial, the victim admitted under cross-examination that she had used marijuana on prior occasions, a... view full summary | | 2. | Non-English-speaking, nonindigent defendant entitled to court-
appointed translator.
State v. Lopez, 01-KK-1383 (La. 12/7/01) [8 pp.]
From LSCR Volume 9, Issue 12 Defendant, a citizen of Brazil whose native language is Portuguese, was charged with forcible rape. Defense counsel moved for a court-appoin... view full summary | | 3. | Failure to assert insanity defense not ineffective assistance.
State v. Roman, 00-K-1705 (La. 12/7/01) [7 pp]
From LSCR Volume 9, Issue 12 Defendant was convicted of threatening his neighbors with a gun. Defendant filed a motion for new trial on the ground that defense counsel h... view full summary | | 4. | Suspect's flight justifies investigatory stop.
State v. McDaniels, 01-K-0305 (La. 12/7/01) [2 pp.]
From LSCR Volume 9, Issue 12 Defendant was orally accosted by police officers and reacted by attempting to flee. When he was caught, he spat three bags of marijuana from... view full summary | | 5. | Police forcible entry must occur within a reasonable time after a
knock-and-announce.
State v. Williams, 01-KK-0732 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 12 Defendant moved to suppress drugs seized pursuant to search warrant. Police knocked on defendant's door and announced themselves at 5:00 a.m... view full summary | | 6. | Method of allotment of cases invalid.
State v. Rideau, 01-KK-3146 (La. 11/29/01) [2 pp.]
From LSCR Volume 9, Issue 12 The capital cases in the 14t hJ.D.C. were allotted using a lottery in which a judge's name was drawn randomly and allotted the case, and the... view full summary | | TORTS
| | 7. | Jury manifestly erred in finding age discrimination in employment.
Donna Labove, et vir. v. Roy Raftery, Jr., et al., 00-C-1394 c/w 00-C-1423 (La. 11/28/01) [26 pp.]
From LSCR Volume 9, Issue 11 Plaintiff bank employee filed suit against her employer seeking damages for alleged age discrimination and/or intentional infliction of emot... view full summary | | CIVIL PROCEDURE
| | 8. | District court erred in ruling on the merits of plaintiffs' petition at the
injunction hearing, when the parties had not consented to summary
trial.
Women's Health Clinic, et al. v. the State of Louisiana, 01-CA-2645 (La. 11/9/01) [2 pp.]
From LSCR Volume 9, Issue 11 Medical clinics and a physician filed suit to enjoin the enforcement of Louisiana law rendering them liable for any damages suffered by a wo... view full summary | | 9. | Suit should have been involuntarily dismissed when plaintiff failed to
request service within 90 days.
Sammy Young v. Stephen Roth, et al., 01-CC-2151 (La. 11/9/01) [1 pp.]
From LSCR Volume 9, Issue 11 Defendant moved for involuntary dismissal under La. Code Civ. P. art. 1672(C), on the ground that 90 days had passed since the filing of sui... view full summary | | 10. | District court may properly reverse itself and grant a JNOV before
final judgment is rendered.
Vasalle v. Wal-Mart Stores, 01-C-0462 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 11 Plaintiff was struck with a shopping cart pushed by a Wal-Mart employee, and she and her husband sued for personal injuries and loss of cons... view full summary | | 11. | Attorney's fees in appropriation suit need not fully compensate the
landowner for his fees.
Rivet v. State, DOTD, 01-CC-0961 (La. 11/28/01) [8 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs filed an appropriation (inverse condemnation) suit against the Department of Transportation and Development. After ten years of l... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | State tax exemption for foreign or coastal commerce applies only to
vessels that leave the state.
Archer Daniels Midland Company, et al. v. Parish School Board of the Parish of St. Charles, et al., 01-C- 0511 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs were taxpayers that operated tugboats in St. Charles Parish. The tugs never left the parish. Because plaintiffs' operations consi... view full summary |
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