| CRIMINAL
|
| 1. | Counsel representing defendant at time of guilty plea could be subpoenaed to testify as to defendant's competency at that time.
State v. Benson O'Brien, III, 2020-KK-00477 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
Defendant pled guilty to manslaughter for the 2012 strangulation death of his girlfriend,
Bridgette Harveston. Represented by new counsel, he moved ... view full summary |
| 2. | Double jeopardy protected defendant from charge of illegal possession of stolen firearm.
State v. Donald P. Lemoine, 2020-K-00561 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
Defendant was charged with possession of stolen things under La. R.S. Section 14:69. Among the
stolen things were three gun-safes and their contents, including a specif... view full summary |
| 3. | Failure to specify whether fixed-term sentence includes mandatory firearms enhancement does not render sentence indeterminate.
State v. Jarvis Brown, 2019-KH-00771 (La. 10/14/2020) [4 pp.]
From LSCR Volume 28, Issue 10
Defendant was convicted of three counts of armed robbery committed with a firearm and of
misdemeanor possession of marijuana and access device fraud. Because the armed ... view full summary |
| 4. | Defendant entitled to be resentenced based on plea agreement.
State v. Jeffrey Peel, 2020-KH-00107 (La. 10/20/2020) [3 pp.]
From LSCR Volume 28, Issue 10
Defendant was sentenced to a net term of 15 years in prison. He filed a motion seeking to be
resentenced in accord with his plea agreement, and the district court denie... view full summary |
| 5. | District court properly suppressed evidence from warrantless search of defendant's vehicle.
State v. Calvin Smith, 2020-KK-00711 (La. 10/20/2020) [2 pp.]
From LSCR Volume 28, Issue 10
Officers initiated a traffic-stop of defendant for illegally tinted windows. They ultimately
arrested him and placed him in handcuffs. While defendant was ha... view full summary |
| 6. | Court reverses second-degree murder conviction based on improperly admitted testimony.
State v. Margaret Camaille Stockstill, 2019-K-01235 (La. 10/20/2020) [12 pp.]
From LSCR Volume 28, Issue 10
In April 2017 defendant was part of an alcohol-fueled argument and physical fight at the
home of her friend Kristin Copeland in Folsom. The fight involved defend... view full summary |
| 7. | District court properly quashed indictment for State's failure to timely commence new trial.
State v. Nicholas Revish, 2019-K-01732 (La. 10/20/2020) [11 pp.]
From LSCR Volume 28, Issue 10
Defendant admitted he shot Latrell Davis and Jamond Rougeau in March 2012 when violence
erupted from a dispute over cocaine, but he claimed he did so in self-defense. A... view full summary |
| CIVIL PROCEDURE
|
| 8. | Plaintiffs' attempts to fax file petition interrupted prescription.
Chad Richoux v. Terrebonne Parish Government, 2019-CC-0847 (La. 09/23/2020) [2 pp.]
From LSCR Volume 28, Issue 9
Defendants filed an exception of prescription, arguing that plaintiffs' facsimile filing of their
petition was untimely. The district court denied the exception. The Fi... view full summary |
| TORTS
|
| 9. | Court reinstates summary judgment for auto dealership in slip-and-fall.
Elaine Carpenter v. Northshore Motors I, Ltd. Partnership, 2020-C-0430 (La. 09/08/2020) [2 pp.]
From LSCR Volume 28, Issue 9
Wendell Carpenter was injured while attempting to test drive a new pick-up truck with a
dealership salesman. When Carpenter was getting into the passenger side of the t... view full summary |
| CRIMINAL
|
| 10. | Court remands non-unanimous conviction to court of appeal in light of Ramos.
State v. Tracey Williams, 2020-K-00473 (La. 09/08/2020) [2 pp.]
From LSCR Volume 28, Issue 9
This case was on direct review on April 20, 2020, when the U.S. Supreme Court decided
Ramos v. Louisiana, 140 S. Ct. 1390 (2020). In Ramos, the U.S. Supr... view full summary |
| 11. | Court remands non-unanimous conviction to district court in light of Ramos.
State v. James Jones, 2020-KK-00731 (La. 09/08/2020) [2 pp.]
From LSCR Volume 28, Issue 9
As in the case above, defendant's non-unanimous jury conviction was not final when Ramos
was decided. Here, the Court remanded to the district court to consider its den... view full summary |
| 12. | Evidence was insufficient for second degree murder conviction, but obstruction of justice conviction could stand.
State v. Simon Quinn, 2019-K-00647 c/w 2019-KO-00730 (La. 09/09/2020) [28 pp.]
From LSCR Volume 28, Issue 9
Defendant was indicted for the second degree murder of Robbie Coulon and for obstruction
of justice by tampering with evidence of murder. The evidence showed defendant ... view full summary |