LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 348 through 360
Archive of LSCR Articles

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

1.Defendant not entitled to evidentiary hearing on claim of error in sentencing.
State v. Kenneth Wayne Whitmore, 2024-KP-0053 (La. 05/07/2024) [4 pp.]
From LSCR Volume 32, Issue 5
     Defendant was convicted of two counts of armed robbery. The district court did not impose the maximum sentences allowed but did order the sentences to run consecutively... view full summary
CRIMINAL LAW

2.Defendant entitled to evidentiary hearing on Brady claim.
Keith Ezidore v. Timothy Hooper, 2023-KP-01312 (La. 05/07/2024) [3 pp.]
From LSCR Volume 32, Issue 5
     Petitioner filed post-conviction claims alleging violations of Brady v. Maryland, 373 U.S. (1963), and factual innocence based on recantation. The dist... view full summary
CRIMINAL

3.Motion for preliminary examination filed before bill of information did not suspend limitations.
State v. Kathleen Mouton, 2023-KK-00723 (La. 05/10/2024) [13 pp.]
From LSCR Volume 32, Issue 5
     On August 1, 2018, defendant was arrested in Jefferson Davis Parish on a charge of attempted second-degree murder. On August 10 defense counsel filed a motion for preli... view full summary
4.Defense failed to preserve error where district court allowed only six peremptory challenges.
State v. Marvin Santiago, 2023-K-00501 (La. 05/10/2024) [10 pp.]
From LSCR Volume 32, Issue 5
     Defendant was charged with failure to register and notify as a sex offender after he failed to renew his registration in 2020. Under La. Code Crim. Proc. art. 799, defe... view full summary
5.District court erred in not quashing felony charges.
State v. David Klump, 2024-KK-00565 (La. 05/17/2024) [3 pp.]
From LSCR Volume 32, Issue 5
     The State charged defendant with four counts of misdemeanor crimes and four counts of felony crimes. The four felony counts were based on a claim that defendant call... view full summary
STATE AND LOCAL GOVERNMENT

6.Court rejects challenges to incorporation of City of St. George.
Mayor-President Sharon Broome v. Chris Rials, 2023-C-01108 c/w 2023-C-01118 (La. 04/26/2024) [37 pp.]
From LSCR Volume 32, Issue 4
     A petition for incorporation of the City of St. George was filed on March 2, 2018. The area at issue is located south of and adjacent to the City of Baton Rouge and wit... view full summary
TORTS

7.District court had reasonable basis for finding legal malpractice action perempted.
Gregory Faia v. ABC Insurance Company, 2024-C-00144 (La. 04/09/2024) [2 pp.]
From LSCR Volume 32, Issue 4
     Attorney Greg Faia filed this suit on April 23, 2021, against attorney Stacy Palowsky and Palowsky Law, LLC. Faia alleged that Palowsky committed ... view full summary
CONTRACTS

8.Redhibition case remanded to court of appeal for manifest error review instead of de novo.
Michael Desparois v. Timmons International, LLC (La. 04/09/2024) [2 pp.]
From LSCR Volume 32, Issue 4
     Defendant was in the business of buying, selling, and leasing new and used 18-wheeler trucks. In April 2016 it sold plaintiff a 2009 Caterpillar Internatio... view full summary
CIVIL PROCEDURE

9.Judgment could be nullified in part on basis of ill practices.
Jason Christopher Shaffette v. City of Slidell, 2024-C-0063 c/w 0065 (La. 04/03/2024) [6 pp.]
From LSCR Volume 32, Issue 4
     Plaintiff filed suit in 2016 against the City of Slidell and St. Tammany Parish alleging they caused erosion of his immoveable property that was bounded by a drainage c... view full summary
10.Plaintiff with untimely opposition not entitled to continuance of hearing on summary judgment motion.
Oria Lee Hadwin, Jr. v. ABC Insurance Company, 2024-CC-00072 (La. 04/09/2024) [5 pp.]
From LSCR Volume 32, Issue 4
     Plaintiff filed this suit alleging legal malpractice by Christian D. Chesson and Christian D.
     Chesson, APLC in connection with ... view full summary
11.District court ordered to comply with 2019 remand order.
Liquidation Properties, Inc. v Jamie P. Labranche, 2024-OC-00330 (La. 04/10/2024) [2 pp.]
From LSCR Volume 32, Issue 4
     In this action for a mortgage foreclosure by ordinary process, the district court granted summary judgment for plaintiff. In 2018 it issued a "reformed... view full summary
CRIMINAL

12.Defendant entitled to suppression of evidence from investigatory stop.
State v. Myron Bland, 2023-KK-01632 (La. 04/03/2024) [3 pp.]
From LSCR Volume 32, Issue 4
     This opinion with no factual detail indicates an officer conducted an investigatory stop of defendant in Jefferson Parish and ultimately arrested him. Defendant moved ... view full summary
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