LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 768 through 780
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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STATE AND LOCAL GOVERNMENT

1.Court remands dispute between governor and legislature for consideration of non-constitutional issues.
Governor John Bel Edwards v. Louisiana State Legislature, 2020-CA-1407 (La. 12/21/2020) [8 pp.]
From LSCR Volume 28, Issue 12
     On October 8, 2020, Governor Edwards issued Proclamation 134 JBE 2020, imposing certain restrictions in light of the COVID-19 pandemic. On October 23, the Lo... view full summary
TAXATION

2.Court partially vacates injunction in dispute over taxes the City of New Orleans collects on behalf of the Orleans Parish School Board.
Orleans Parish School Board v. The City of New Orleans, 2020-C-00932 (La. 12/22/2020) [4 pp.]
From LSCR Volume 28, Issue 12
     The Orleans Parish School Board (OPSB) filed a "Petition for Writ of Mandamus, or in the Alternative, for Preliminary and Permanent Injunction, Declaratory Judgm... view full summary
JUVENILE

3.Court vacates disposition that violated Children's Code.
State in the Interest of NS, 2020-CK-01171 (La. 12/08/2020) [5 pp.]
From LSCR Volume 28, Issue 12
     NS, along with two other female juveniles, was adjudicated delinquent after participating in a carjacking. NS was just five days shy of her fourteenth birthday when the... view full summary
4.Juvenile entitled to release when continued custody hearing was held four days from detention.
State in the Interest of MB, 2020-CK-01414 (La. 12/22/2020) [4 pp.]
From LSCR Volume 28, Issue 12
     Fourteen-year-old MB was arrested on several charges on December 4, 2020, and detained at the Juvenile Justice Intervention Center in Orleans Parish. On December 8, MB ... view full summary
CRIMINAL

5.Court remands non-unanimous conviction to court of appeal in light of Ramos.
State v. Anthony Strong, 2020-K-00483 (La. 12/08/2020) [2 pp.]
From LSCR Volume 28, Issue 12
     On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, 140 S. Ct. 1390 (2020). In Ramos, the U.S. Supreme Court granted a writ of certiora... view full summary
6.Court reinstates denial of chief indigent defender's motion to withdraw from and decline all appointments based on underfunding of office.
State v. Roderick L. Covington, 2020-KK-00447 (La. 12/11/2020) [17 pp.]
From LSCR Volume 28, Issue 12
     In these consolidated cases in the 19th JDC, Michael A. Mitchell, the chief indigent defender for East Baton Rouge Parish, filed a "Motion to Withdraw from Current Appo... view full summary
7.Court reinstates guilty plea of defendant whose counsel sought withdrawal on eve of trial.
State v. Tyrone D. Johnson, 2019-K-02004 (La. 12/11/2020) [8 pp.]
From LSCR Volume 28, Issue 12
     In June 2015 police captured defendant on video selling 3.6 grams of methamphetamine to an informant. Defendant was charged with distribution of methamphetamine, retain... view full summary
8.Counsel did not have a per se duty to inquire into client's citizenship before he pleaded guilty.
State v. Ronald Sewell, 2020-KK-00300 (La. 12/11/2020) [14 pp.]
From LSCR Volume 28, Issue 12
     Defendant, a 20-year-old Jamaican national, pleaded guilty to two counts of first-degree robbery in response to armed robbery charges. He also plea... view full summary
BAR /DISCIPLINARY / ETHICS

9.Court rejects application of "collectability rule" to legal malpractice claims.
Elaine Ewing v. Westport Insurance Corp., 2020-C-00339 (La. 11/19/2020) [22 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff was injured when her vehicle was hit by a vehicle driven by Marc Melancon on April 9, 2015. Plaintiff retained attorney Chuck Granger to represent her. Althou... view full summary
CONTRACTS

10.Court addresses res nova issue of effect of bankruptcy of one solidary obligor after settlement with another.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2020-C-00780 (La. 11/04/2020) [3 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff sued Tauren Exploration, Inc., Cubic Energy, Inc., EXCO USA Asset, LLC, and Wells Fargo Energy Capital, Inc., for failure to release a mineral lease when it s... view full summary
CIVIL PROCEDURE

11.Default judgment against defendant was improper.
Precept Credit Opportunities Fund, LP v. Terina Walker, 2020-CC-00818 (La. 11/18/2020) [4 pp.]
From LSCR Volume 28, Issue 11
     Plaintiff sought confirmation of its tax sale title and ownership of defendant's home. Defendant was served with the petition in December 2018. The next mont... view full summary
12.Law firm was not entitled to dismissal of suit by former client on exception of no cause of action.
Dodson & Hooks, APLC v. The Louisiana Community Development Capital Fund, Inc. "CAPFUND," 2020-C-01002 (La. 11/24/2020) [3 pp.]
From LSCR Volume 28, Issue 11
     CAPFUND alleged that a law firm that had formerly represented it acted in "bad faith and/or with malice" in filing evidence of a claimed lien for attorney fe... view full summary
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