LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 756 through 768
Archive of LSCR Articles

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

1.Attestation clause indicating testator had signed on each page was substantially similar to Civil Code requirement.
Succession of Peggy Blackwell Bruce, 2020-C-00239 (La. 01/27/2021) [11 pp.]
From LSCR Volume 29, Issue 1
     Peggy Bruce passed away in 2018. In 2016 she executed a notarial testament naming her niece as her sole legatee. Bruce's widower argued that the testament was invalid b... view full summary
CRIMINAL

2.Court vacates and remands for new habitual offender adjudication in light of possibly illegal sentence.
State v. Darren Jarvis, 2020-KH-00877 (La. 01/12/2021) [9 pp.]
From LSCR Volume 29, Issue 1
     Defendant was convicted of distribution of cocaine, adjudicated a third felony offender, and sentenced to life in prison in 1999. Act 403 of 2001 and Act 45 of 2002 pro... view full summary
3.Court vacates convictions resulting from courthouse scuffle.
State v. Hamilton William Bynog, 2020-KK-00754 (La. 01/20/2021) [2 pp.]
From LSCR Volume 29, Issue 1
     After a bench trial, defendant was convicted of one count of battery on a police officer and two counts of resisting arrest, arising from a 2017 incident at the Natchit... view full summary
4.Defendant not entitled to post-conviction relief based on failure to testify at trial.
State v. Terrence Ty'Rell Carvin, 2910-KP-02044 (La. 01/26/2021) [3 pp.]
From LSCR Volume 29, Issue 1
     In 2013 a jury convicted defendant of second-degree kidnapping and armed robbery. The First Circuit affirmed the convictions and sentences. Seeking post-convict... view full summary
5.Officer had reasonable suspicion to extend traffic stop for sniff by canine.
State v. Jay-Quan Carter, 2020-KK-01193 (La. 01/26/2021) [10 pp.]
From LSCR Volume 29, Issue 1
     At about 1:30 a.m. in the morning, Louisiana State Trooper Ryan Zimmerman was on patrol on I-12 in Tangipahoa Parish when he saw a motorist driving below the speed limi... view full summary
6.Conviction for racketeering was not crime of violence.
Jamal Washington v. State, 2019-KK-01792 (La. 01/27/2021) [8 pp.]
From LSCR Volume 29, Issue 1
     Defendant was indicted for racketeering, human trafficking, and conspiracy to commit human trafficking. The indictment alleged that he, his co-defendants, and... view full summary
7.Court vacates non-unanimous verdict convicting 16-year-old in death of her baby.
State v. Donasty Anwanique Cohen, 2019-K-00949 (La. 01/27/2021) [6 pp.]
From LSCR Volume 29, Issue 1
     Defendant, age 16, was charged with second-degree murder in the death of her 27-day-old son. The pathologist's report concluded that the cause of death was blunt f... view full summary
TORTS

8.Court reallocates fault in suit by NOPD officer attacked by inmate in hospital.
12/11/2020) [25 pp.]
From LSCR Volume 28, Issue 12
     In November 2009 armed robbery suspect Conrad Jackson was being treated at the Medical Center of Louisiana at New Orleans (University Hospital) for injuries he sustaine... view full summary
9.Child given in adoption may bring survival and wrongful death actions.
Khristy Goins Rismiller v. Gemini Insurance Co., 2020-CA-00313 (La. 12/11/2020) [36 pp.]
From LSCR Volume 28, Issue 12
     In October 2015 an eighteen-wheeler collided head-on with a vehicle driven by Richard Stewart, Jr., who was killed, along with his two minor child... view full summary
CIVIL PROCEDURE

10.Court reinstates dismissal of tort claim against sheriff.
Shawn Morgan v. West Baton Rouge Parish Sheriff's Dept., 2020-C-00999 (La. 12/22/2020) [2 pp.]
From LSCR Volume 28, Issue 12
     Plaintiff filed this suit in September 2013 against the West Baton Rouge Parish Sheriff's Department (WBRPSD), Eric Morales, the City of Port Allen... view full summary
11.Suit to enjoin political ads was mooted by election.
Linda Kocher v. Truth in Politics, 2020-C-01153 (La. 12/22/2020) [3 pp.]
From LSCR Volume 28, Issue 12
     Three days before the gubernatorial election in 2019, plaintiff filed this action to enjoin defendants from running allegedly false campaign ads under La. ... view full summary
WORKERS' COMPENSATION

12.Claimant's holding of settlement checks that contained conditional language triggered 30-day penalty provision against employer.
Walter Zinn v. Zagis USA, LLC, 2020-C-00971 (La. 12/22/2020) [5 pp.]
From LSCR Volume 28, Issue 12
     Claimant settled his workers' compensation case against his employer for $40,000. Claimant's counsel received two checks in payment of the total, as well as a r... view full summary
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