LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 492 through 504
Archive of LSCR Articles

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

1.Community property partition agreement did not grant wife use of home for her lifetime.
William Dering v. Kay Dering, 2022-C-01857 (La. 03/07/2023) [8 pp.]
From LSCR Volume 31, Issue 3
     In 1981 William and Kay Dering executed a community property partition agreement and were divorced. Decades later William filed this action seeking a partition of co-ow... view full summary
CRIMINAL

2.Court remands for application of correct version of habitual offender law.
State v. Kelly Cockerham, 2022-KP-1661 (La. 03/07/2023) [2 pp.]
From LSCR Volume 31, Issue 3
     In a brief per curiam, the Court granted a supervisory writ in part, vacated defendant's habitual offender adjudication and sentence, and remanded for... view full summary
BAR/DISCIPLINARY/ETHICS

3.Judge publicly censured and fined for misconduct.
In re: Judge Guy E. Bradberry, 2022-O-1828 (La. 02/24/2023) [16 pp.]
From LSCR Volume 31, Issue 2
     Beginning in 2003 respondent served as a judge of the 14th Judicial District Court for the Parish of Calcasieu. In November 2022 he was elected to be a judge on the... view full summary
CIVIL PROCEDURE

4.Court vacates judgment pro confesso against garnishee employer.
Tower Credit, Inc. v. Chad Williams, 2022-C-01556 (La. 02/07/2023) [2 pp.]
From LSCR Volume 31, Issue 2
     Tower Credit, Inc. filed suit against Chad Williams on two promissory notes and obtained an October 2018 default judgment against Williams for $18,396.67, plus interest... view full summary
EVIDENCE

5.Officer could not testify as to whether severed arm appeared to be bruised.
State v. Viusqui Perez-Espinosa, 2023-KK-00111 (La. 01/28/2023) [2 pp.]
From LSCR Volume 31, Issue 2
     At his second-degree murder trial, defendant intended to assert a self-defense theory. An officer testified about a photograph that showed the victim's severed a... view full summary
6.Depositions of deported plaintiffs improperly admitted at trial in lieu of live testimony.
Jose Rodriguez-Zaldivar v. Charles Leggett, 2022-C-01688 (La. 02/07/2023) [2 pp.]
From LSCR Volume 31, Issue 2
     In January 2015 Charles Leggett backed his Chevrolet Tahoe into a parked utility van in the New Orleans French Quarter. Jose Rodriguez-Zaldivar and Dylcio Rodriguez Cru... view full summary
INSURANCE

7.Lower courts erred in granting summary judgment and treating travel insurance policy as health and accident policy.
Richard Williams v. United States Fire Insurance, 2022-C-01637 (La. 02/14/2023) [4 pp.]
From LSCR Volume 31, Issue 2
     Plaintiffs Richard and Judith Williams purchased travel protection insurance in connection with a cruise to Norway. United States Fire Insurance Company was the underwr... view full summary
TORTS

8.Court affirms and reverses in part after trial of LUTSA and LUTPA claims between competing family businesses.
Vesta Halay Johnston v. Susan Halay Vincent, 2021-C-01196 c/w 2021-C-01207 (La. 02/15/2023) [42 pp.]
From LSCR Volume 31, Issue 2
     In 1957 Mike Halay formed Lake Charles Rubber and Gasket Co., LLC (Lake), a business that ultimately would supply gaskets, hoses, fittings, fasteners, and other parts a... view full summary
STATE AND LOCAL GOVERNMENT

9.Court reinstates Civil Service Commission decision reinstating terminated NOPD sergeant.
Anthony Edenfield v. New Orleans Police Department, 2022-C-01643 (La. 02/07/2023) [2 pp.]
From LSCR Volume 31, Issue 2
     In May and June 2020 Anthony Edenfield, a New Orleans Police Department sergeant with permanent status, posted on his personal Facebook page eight offensive comments to... view full summary
10.Tax return of judicial candidate deemed filed electronically before notice of candidacy.
Yasha Clark v. Stephanie Bridges, 2023-C-00237 (La. 02/22/2023) [23 pp.]
From LSCR Volume 31, Issue 2
     Plaintiffs filed a petition to disqualify Stephanie Bridges as a candidate for the office of Orleans Parish Civil District Court Judge. Plaintiffs ... view full summary
CRIMINAL

11.District court did not abuse discretion in allowing other crimes evidence.
State v. Brian Douglas Horn, 2022-KK-01722 (La. 02/14/2023) [3 pp.]
From LSCR Volume 31, Issue 2
     In this capital trial stemming from the murder of a 12-year-old boy, the district court held that defendant's two prior convictions for sex offenses were admissible... view full summary
CIVIL PROCEDURE

12.District court abused its discretion in issuing protective order.
Kayla Watson v. Daniel Banguel, 2022-C-01678 (La. 01/25/2023) [2 pp.]
From LSCR Volume 31, Issue 1
     In January 2020 plaintiff filed a petition for protection from stalking under La. R.S. Section 46:2171 against defendant. After issuing a temporary restraining order, t... view full summary
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