| CIVIL PROCEDURE
|
| 1. | Unserved defendant entitled to dismissal on abandonment despite acts as to other defendants.
Souleya Daoteuang v. Dr. Michael Cotugno, M.D., 2022-CC-01275 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
Plaintiff filed suit against Dr. Michael Cotugno and others in January 2016. Dr. Cotugno later
filed a motion to dismiss based on abandonment under La. Code Civ. Proc... view full summary |
| 2. | Court reverses denial of legislative continuance.
Jeremy Paul Ducote v. Carley Katherine Magette, 2022-CD-01649 (La. 11/10/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Louisiana R.S. Section 13:4163 provides grounds for a continuance in a civil or criminal matter by
an employee of the Louisiana legislature when that person's participa... view full summary |
| EVIDENCE
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| 3. | Excited utterance hearsay exception applied to entire 911 call recording.
State v. Montrell Lee, 2022-KK-01314 (La. 11/16/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Defendant was charged with two counts of second-degree rape of the victim DR. The crime
occurred outside DR's apartment in her car. DR required a translator to report t... view full summary |
| TAXATION
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| 4. | Court reverses grant of exception of no cause of action against property owner challenging 1992 tax assessment.
Esplanade Mall Realty Holdings, LLC v. Joseph P. Lopinto, 2022-C-00940 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In 1987 Esplanade Properties Corporation, a subsidiary of R.H. Macy & Co., Inc., purchased a
tract of land in Kenner (the Macy's Parcel). In January 1992 ... view full summary |
| CRIMINAL
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| 5. | Court grants post-conviction relief due to ineffective assistance at habitual offender sentencing.
State v. Kevin O'Brien Allen, 2022-KP-00508 (La. 11/01/2022) [7 pp.]
From LSCR Volume 30, Issue 11
In 2014 defendant was convicted of two counts of distribution of marijuana. He faced a
statutory sentencing range of between five and 30 years in prison a... view full summary |
| 6. | Court vacates judgment revoking probation.
State v. Shelby M. Ducote, 2022-KK-00837 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
The district court revoked defendant's probation on the grounds that he failed to stay away
from minors. In a brief per curiam, the Court granted a supervisory writ and... view full summary |
| 7. | State entitled to contradictory bail hearing.
State v. Jordan A. Mitchell, 2022-KK-01126 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
In this criminal matter, the State moved for a contradictory bail hearing under La. Code Crim. Proc. art. 313. The district court denied the motion on the basi... view full summary |
| 8. | Defendant entitled to dismissal of charges not timely prosecuted.
State v. Rochard Jones, 2022-KK-01358 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
Defendant was arrested on June 28, 2022, and appeared in magistrate court the next day on
11 charges. On August 29, the State filed a bill of information ac... view full summary |
| 9. | Court abandons doctrine of abatement ab initio.
State v. Kenneth James Gleason, 2021-K-01788 (La. 11/10/2022) [11 pp.]
From LSCR Volume 30, Issue 11
Defendant was unanimously convicted of the first-degree murder of Donald Smart and
sentenced to life in prison without the possibility of parole, probation, ... view full summary |
| 10. | Defendant not subject to mandatory life in prison as habitual offender.
State v. Joe Washington, 2022-KP-0239 (La. 11/16/2022) [3 pp.]
From LSCR Volume 30, Issue 11
After being convicted of simple burglary committed in 2010, defendant was sentenced under
the habitual offender law to mandatory life imprisonment at hard lab... view full summary |
| 11. | Court of appeal erred in finding errors patent regarding sentence.
State v. Kevin Gaines, 2022-K-00993 (La. 11/16/2022) [2 pp.]
From LSCR Volume 30, Issue 11
Defendant was charged with three counts of molestation of a juvenile under the age of 13 in
violation of La. R.S. Section 14:81.2(A) and (D)(1) and one count ... view full summary |
| BAR/DISCIPLINARY/ETHICS
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| 12. | Court reverses contempt conviction of LDH lawyer.
In re: Judicial Commitment of M.M. (Edward Brossette Contempt Proceeding), 2022-C-01014 (10/18/2022) [2 pp.]
From LSCR Volume 30, Issue 10
MM was a 57-year-old woman from the Lafayette area with a dual diagnosis of
schizoaffective disorder (a mental illness) and intellectual disability (a develop... view full summary |