LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 648 through 660
Archive of LSCR Articles

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

1.District court abused its discretion in setting excessive bail.
State v. Michael Wade Halverson, 2021-KK-01592 (La. 12/21/2021) [5 pp.]
From LSCR Volume 29, Issue 12
     In 2020 defendant was operating a rig truck on the interstate in Bossier Parish and caused a multivehicle collision that resulted in two fatalities. He was arrested a y... view full summary
2.District court lacked jurisdiction to reinstitute conditions of probation after it terminated probation.
State v. Drayton Holley, 2021-KK-01419 (La. 12/21/2021) [2 pp.]
From LSCR Volume 29, Issue 12
     Defendant filed a motion under La. Code Crim. Proc. art. 897 requesting that the district court terminate his probation and its conditions early. At that time, defendan... view full summary
SUCCESSIONS

3.Court denies certification request from U.S. Fifth Circuit.
Walter G. Goodrich v. United States, 2021-CQ-00988 (La. 11/17/2021) [3 pp.]
From LSCR Volume 29, Issue 11
     Henry Goodrich Sr. and Tonia Goodrich owned property during their marriage, including shares of stock and stock options in Goodrich Petroleum Corporation. To... view full summary
4.Summary judgment not appropriate as to validity of conditional legacies.
Succession of Cladie J. Wade, 2021-C-01171 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     Cladie J. Wade executed a statutory will dated August 13, 2007, dividing most of her belongings between her two children, Alma and Carl. The will... view full summary
CIVIL PROCEDURE

5.Court reinstates denial of exception of res judicata.
Turbine Generation Services, LLC v. GE Oil & Gas, Inc. c/w Turbine Powered Technology, LLC v. GE Oil & Gas, 2018-CC-01706 (La. 11/03/21) [2 pp.]
From LSCR Volume 29, Issue 11
     The district court denied defendant's exception of res judicata, but the Third Circuit reversed in an unpublished order. In a brief per curiam with no factual detail, t... view full summary
6.Exceptional circumstances warranted relief from res judicata.
Jared Guidry v. State Farm Mutual Automobile Insurance Co., 2021-C-00808 (La. 11/10/21) [3 pp.]
From LSCR Volume 29, Issue 11
     The parties here were involved in a prior suit that was dismissed on defendant's exception of no cause of action. Plaintiffs then filed this suit alleging defendant bre... view full summary
7.Case remanded for court of appeal to consider res judicata issue as to all defendants.
Cynthia Morales v. Alonzo Wilder, 2021-C-00890 (La. 11/17/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     In August 2018 plaintiff filed suit in the 21st Judicial District Court, Parish of Livingston, seeking damages stemming from alleged inadequate medi... view full summary
WORKERS' COMPENSATION

8.Georgia judgment had no res judicata effect as to subrogation claim for benefits paid under LWCA.
Robert Lapoint v. Commerce & Industry Insurance Co., 2021-C-00995 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     Stephens TPS, Inc. hired plaintiff to perform sandblasting and painting work. Plaintiff initially worked for Stephens in Louisiana but was on a work assignme... view full summary
INSURANCE

9.Malpractice claim against insurance agent was perempted.
Diane McKernan v. ABC Insurance Co., 2021-C-00859 (La. 11/23/2021) [3 pp.]
From LSCR Volume 29, Issue 11
     Plaintiff sustained more than $1.6 million in damages to her Baton Rouge home due to historic flooding in August 2016. From 1990, when the home ... view full summary
10.Court orders in camera inspection of insurer's claim file.
Todd W. Fanguy v. UV Insurance Risk Retention Group, Inc., 2021-CC-01619 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     In this brief per curiam with no factual detail, plaintiffs sought the production of documents in defendant's claim file, to which defendant objected. The Court granted... view full summary
CRIMINAL

11.Court orders petitioner's investigative materials produced under seal for potential later review.
State Ex rel. Frank Ford Cosey v. Tim Hooper, 2021-KD-01603 (La. 11/04/21) [2 pp.]
From LSCR Volume 29, Issue 11
     In 1996 a unanimous East Baton Rouge jury convicted petitioner of the first-degree murder of twelve-year-old Delky Nelson and sentence him to death. After uns... view full summary


12.Court orders district court to provide redacted jury polling slips.
State v. Ian Cazenave, 2021-KH-1237 (La. 11/17/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     The Court granted a supervisory writ in part and issued an order directing the 24th Judicial District Court to provide defendant copies of the sealed jury polling slips... view full summary
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