| INSURANCE
|
| 1. | Court reinstates ruling allowing plaintiff to use evidence of post-petition bad faith by insurer.
Diana Velez v. GEICO Casualty Co., 2020-CC-01309 (La. 11/12/2020) [1 p.]
From LSCR Volume 28, Issue 11
This case included a bad faith claim against an insurer. The insurer filed a motion in limine
seeking to suppress evidence of post-petition events related to the bad fa... view full summary |
| JUVENILE
|
| 2. | Adjudication should not have been dismissed as untimely.
State in the Interest of M.P., 2020-CK-00567 (La. 11/04/2020) [2 pp.]
From LSCR Volume 28, Issue 11
On December 17, 2018, the State filed a petition alleging MP committed aggravated battery. MP answered the petition on January 24, 2019, and entered a plea of not guilty.... view full summary |
| CRIMINAL
|
| 3. | Defendant not entitled to quash indictment based on irregularity in makeup of grand jury.
State v. Donald Germany, 2020-K-00878 (La. 11/04/2020) [5 pp.]
From LSCR Volume 28, Issue 11
In September 2016 defendant was indicted by an East Baton Rouge Parish grand jury for
second-degree murder in the strangulation death of his wife. He moved to quash the... view full summary |
| 4. | Defendant's pre-Miranda statement was admissible based on public safety exception.
State v. Harold Alvin Campbell, 2020-KK-00934 (La. 11/10/2020) [5 pp.]
From LSCR Volume 28, Issue 11
In May 2019 a child in Lake Charles called 911 and reported that her father had just shot her
mother. When officers responded, they found defendant outside the residenc... view full summary |
| 5. | State could introduce evidence of subsequent similar crimes in domestic abuse battery case.
State v. George Cepriano, 2020-KK-01219 (La. 11/13/2020) [4 pp.]
From LSCR Volume 28, Issue 11
Defendant was charged with simple burglary of an inhabited dwelling, violation of a
protective order, and domestic abuse battery. The State moved to admit e... view full summary |
| 6. | Defendant not entitled to dismissal of charges based on failure to prove victim's age.
State v. Jerrit Montgomery, 2020-KK-00678 (La. 11/18/2020) [3 pp.]
From LSCR Volume 28, Issue 11
In 2007 defendant pleaded guilty to sexual battery and indecent behavior with a juvenile. The factual basis indicated that the victim of the sexual battery was almost 12 ... view full summary |
| 7. | Defendant not entitled to unredacted police reports with witness information.
State v. David Patton, 2020-KK-01036 (La. 11/24/2020) [2 pp.]
From LSCR Volume 28, Issue 11
Defendant was charged with second-degree murder and multiple counts of attempted
second-degree murder resulting from a shootout. The State provided h... view full summary |
| 8. | Court remands non-unanimous conviction for new error patent review in light of Ramos.
State v. Roosevelt Ardison, 2019-K-1210 (La. 11/24/2020) [5 pp.]
From LSCR Volume 28, Issue 11
Defendant was convicted by a jury of possession with intent to distribute cocaine and
possession of a firearm by a convicted felon. The evidence ... view full summary |
| 9. | On motion to correct illegal sentence, Court remands for hearing on ineffective assistance.
State v. Cardell Demond Robinson, 2019-KP-01330 (La. 11/24/2020) [8 pp.]
From LSCR Volume 28, Issue 11
In 2011 defendant was convicted of possession with intent to distribute marijuana and
adjudicated a four-time habitual offender. He was given the t... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 10. | Court reverses fee award and affirms injunction in favor of attorney who was pushed into courthouse wall by another attorney.
Cindy Williams v. Norman S. Haley, 2020-C-00858 (La. 10/20/2020) [4 pp.]
From LSCR Volume 28, Issue 10
Plaintiff and defendant are both attorneys. In August 2018 they were present in the district
court for a hearing. Plaintiff was representing defendant's wife i... view full summary |
| CIVIL PROCEDURE
|
| 11. | Medical records subject to privilege should be examined in camera before production.
Gary C. Bertrand v. Glenn J. Patrick, 2020-CC-0687 c/w 2020-CC-0689 (La. 09/29/2020) [2 pp.]
From LSCR Volume 28, Issue 10
In this automobile accident case, plaintiffs sought the production of defendant Glenn
Patrick's medical records from Acadian Ambulance Company. Patrick objec... view full summary |
| 12. | Court reverses recusal because motion was untimely.
Colby Girard v. Coca-Cola Bottling Company, 2020-CC-1060 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
The Court granted a supervisory writ and, in this very brief per curiam, reversed a judgment
recusing Judge Marilyn Castle of the 15th Judicial District Court. The moti... view full summary |