Archive of LSCR Articles
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| CIVIL PROCEDURE
| | 1. | Plaintiff allowed to amend petition to state bad faith claim against insurer.
Faith A. Boudoin v. Safeco Insurance Company of Oregon, 2022-CC-00402 (La. 06/01/22) [4 pp.]
From LSCR Volume 30, Issue 6
Plaintiff moved for leave to amend her petition to add a bad faith claim against an alleged
uninsured/underinsured motorist insurer. The district court denied th... view full summary | | 2. | Plaintiff entitled to cross-examine witness although she called him under art. 611 in her case-in-chief.
Julie Runkle v. Louisiana Urology, LLC, 2022-CC-00514 (La. 06/01/22) [6 pp.]
From LSCR Volume 30, Issue 6
Louisiana Code of Evid. art. 611(C) provides in part that leading questions should not be
used on direct examination, except as necessary to develop testimony and... view full summary | | 3. | Court remands denial of AME for reconsideration in light of recent decision.
Kathy Culberath v. State of Louisiana, 2022-CC-00582 (La. 06/08/2022) [2 pp.]
From LSCR Volume 30, Issue 6
Defendant moved to compel an additional medical examination (AME) of plaintiff under La. Code Civ. Proc. art 1464, and the district court denied the motion. T... view full summary | | TORTS
| | 4. | On reconsideration, Court affirms original decision regarding environmental damages and prescription on strict liability claim.
State v. Louisiana Land & Exploration Co., 2020-C-00685 (La. 06/01/2022) [37 pp.]
From LSCR Volume 30, Issue 6
This suit was brought by the Vermillion Parish School Board (VPSB) individually and on
behalf of the State of Louisiana. VPSB controlled certain p... view full summary | | JUVENILE
| | 5. | Juvenile entitled to be released for failure to hold timely hearing.
State in the Interest of SA, 2022-CK-00922 (La. 06/14/2022) [2 pp.]
From LSCR Volume 30, Issue 6
Under Louisiana Children's Code arts. 737(A)(4) and 739(B), when a child is taken into
custody and placed at a secure detention facility, a hearing must be... view full summary | | 6. | Custody/adoption dispute remanded to district court to hold hearing re transfer of custody to biological mother.
Olivia Lyn Bean v. Emily Pounds, 2022-CJ-00936 (La. 06/23/2022) [5 pp.]
From LSCR Volume 30, Issue 6
On April 30, 2020, AGB was born to Olivia Lyn Bean and Treshawn Daraie Davis. Four days
later, they signed acts of surrender for the adoption of AGB by Emil... view full summary | | CRIMINAL
| | 7. | State failed to prove Miranda warnings were sufficient.
State v. Marlon Coleman, 2022-KK-00382 (La. 06/08/2022) [4 pp.]
From LSCR Volume 30, Issue 6
Defendant argued that the Miranda warnings he received when he was arrested were
defective, and he moved to suppress incriminating statements that he made t... view full summary | | CONSTITUTIONAL LAW
| | 8. | Governor's COVID-19 orders limiting gatherings were unconstitutional as applied to church pastor.
State v. Mark Anthony Spell, 2021-KK-00876 (La. 05/13/2022) [29 pp.]
From LSCR Volume 30, Issue 5
In this criminal case, defendant is the pastor of a Louisiana church. On March 31, 2020, he
received six misdemeanor citations for violating executive orders JBE 2020-3... view full summary | | MEDICAL MALPRACTICE
| | 9. | Defendants entitled to dismissal based on prescription where plaintiff failed to put evidence into record.
Medical Review Panel for Claim of Richard Bush, 2021-C-00954 (La. 05/13/2022) [11 pp.]
From LSCR Volume 30, Issue 5
On November 21, 2017, Richard Bush presented to Saint Bernard Parish Hospital for
depression and suicidal ideations. He was treated and discharged. ... view full summary | | CRIMINAL
| | 10. | District court abused discretion in denying joint motion to continue trial.
State v. Cortez Watson, 2022-KK-00719 (La. 05/01/2022) [5 pp.]
From LSCR Volume 30, Issue 5
Ten days before trial, the State and defendant filed a joint motion to continue. The district
court denied the motion. The Court granted a supervisory writ and vacated ... view full summary | | 11. | Defendant could be sentenced to life without parole eligibility for aggravated rape even though he committed some rapes while under the age of eighteen.
State v. Pernell Antonio Washington, 2022-K-00258 (La. 05/03/2022) [2 pp.]
From LSCR Volume 30, Issue 5
Defendant was charged with aggravated rape under La. R.S. Section 14:42(A)(4) (victim under the
age of 13) and third-degree rape under La. R.S. Section 14:43(A)(4). The... view full summary | | 12. | Court vacates attorney's contempt conviction.
State in the Interest of Stavros Panagoulopoulos, 2022-KK-00559 (May 3, 2022) [3 pp.]
From LSCR Volume 30, Issue 5
Attorney Stavros Panagoulopoulos was found guilty of contempt of court in Orleans Parish
Criminal District Court under La. Code Crim. Proc. art. 21(1) & (5) when he... view full summary |
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