LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 456 through 468
Archive of LSCR Articles

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

1.Court of appeal erred in excluding evidence of plaintiff's gun ownership.
Shalmon Stennis v. Lowe's Homes Centers, LLC, 2023-CC-00514 (La. 05/02/2023) [5 pp.]
From LSCR Volume 31, Issue 5
     Plaintiff filed suit against Lowe's and its employee, R.D. Morris, as a result of Morris's alleged battery of plaintiff at the store. Defendants sought ... view full summary
TORTS

2.Assistant DA shielded by absolute prosecutorial immunity from crime victim's misconduct claims.
Gabrielle Jameson v. Warren L. Montgomery, 2022-CC-01784 (La. 05/05/2023) [33 pp.]
From LSCR Volume 31, Issue 5
     Jeremy Ryan Schake was charged in St. Tammany Parish with one count of felony carnal knowledge of a juvenile stemming from the allegation he coer... view full summary
3.Court clarifies evidentiary standard in claims for compensation for wrongful conviction.
Wilbert Jones v. State of Louisiana, 2022-C-01455 (La. 05/05/2023) [11 pp.]
From LSCR Volume 31, Issue 5
     Plaintiff filed this suit for compensation under Louisiana's Wrongful Conviction Compensation Statute, La. R.S. 15:572.8. In 1972, at the age of 19, he wa... view full summary
MEDICAL MALPRACTICE

4.Medical review panel opinion subject to mandatory admission unless panel exceeded authority.
Lucia Valenzuela v. Dr. Farnaz Almas Danj, 2023-CC-00198 (La. 05/16/2023) [2 pp.]
From LSCR Volume 31, Issue 5
     In this medical malpractice case, plaintiffs moved to exclude the medical review panel's opinion based on evidence that one or more of the panel ... view full summary
DOMESTIC RELATIONS

5.Court reinstates classification of property as separate based on husband's uncorroborated testimony.
James Middleton Huger v. Stephanie Goliwas Huger, 2023-C-00117 (La. 05/16/2023) [3 pp.]
From LSCR Volume 31, Issue 5
     Plaintiff and defendant were married in 1994. Four children, now adults, were born of the marriage. Plaintiff was gifted and/or inherited certain assets before and during ... view full summary
CRIMINAL

6.Defendant entitled to post-conviction relief because counsel provided ineffective assistance at habitual offender sentencing.
State v. Charles Ray Thompson, 2022-KH-01391 (La. 05/02/2023) [14 pp.]
From LSCR Volume 31, Issue 5
     In 2015 defendant was convicted of two counts of distribution of cocaine, possession with intent to distribute cocaine, possession of Alprazolam, and possession... view full summary
7.Court reinstates district court's downward departure from mandatory minimum sentence for habitual offender.
State v. Emile Pierce, 2022-K-01743 (La. 05/02/2022) [4 pp.]
From LSCR Volume 31, Issue 5
     In 2001 defendant was convicted of armed robbery and sentenced and adjudicated a third- felony habitual offender. He received the statutorily mandated sentence ... view full summary
8.Defendant failed to show prejudice under Strickland where counsel didn't object to DA's secretary being on jury.
State v. Charles Chandler, 2022-KP-01506 (La. 05/05/2023) [15 pp.]
From LSCR Volume 31, Issue 5
     A unanimous jury found defendant guilty of second-degree murder and possession of a firearm by a convicted felon in connection with the 2013 shoot... view full summary
9.Ramos does not apply where conviction is final although sentence is not.
State v. Kyran Javon Vaughn, 2022-K-00214 (La. 05/05/2023) [15 pp.]
From LSCR Volume 31, Issue 5
     In 2017 a jury convicted defendant of first-degree robbery and obstruction of justice by a vote of 10-2. Defendant was adjudicated a second-felony offender on ... view full summary
10.Court agrees that trial evidence was insufficient to convict defendant.
State v. Marshall J. Alexander, Jr., 2022-K-01295 (La. 05/05/2023) [13 pp.]
From LSCR Volume 31, Issue 5
     Scott Latiolais's body was found in a field in St. Martin Parish in 2002. He was killed by a gunshot wound to the back. Defendant, Latiolais, Timothy Roberts, and seve... view full summary
11.Court applies Reddick to reverse court of appeal's grant of post-conviction relief.
State v. Terry M. Jackson, 2022-KP-0720 (La. 05/16/2023) [2 pp.]
From LSCR Volume 31, Issue 5
     The district court here denied defendant's application for post-conviction relief. In an unpublished ruling the Fourth Circuit granted a supervisory writ... view full summary
12.Application for post-conviction relief alleging Brady violations overcame procedural bar.
State v. Carol Noland Saltzman, 2022-KP-1329 (La. 05/23/2023) [4 pp.]
From LSCR Volume 31, Issue 5
     Defendants filed applications for post-conviction relief, alleging several violations of Brady v. Maryland, 373 U.S. 83 (1963). Because defendants' convictions and ... view full summary
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