Archive of LSCR Articles
Showing entire archive, newest articles first. Articles date back to September 2001. | Jump to a direct Volume/Issue
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| CRIMINAL
| | 1. | Court remands for determination of whether jury verdict was unanimous.
State v. Dermaine Norman, 2020-K-00109 (La. 07/02/2020) [4 pp.]
From LSCR Volume 28, Issue 7
In Ramos v. Louisiana, 140 S. Ct. 1390 (2020), the United States Supreme Court ruled that
the Sixth Amendment, incorporated against the states by way of the ... view full summary | | 2. | Court orders court of appeal to act on defendant's writ application.
State v. Todd Vincent Edwards, 2019-KH-01660 (La. 07/07/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Defendant represented that the Third Circuit had not acted timely on an application for
supervisory writs filed in January 2019. The Court granted reconsid... view full summary | | 3. | Court allows post-conviction claim of ineffective counsel at sentencing.
State v. Derrick Harris, 2018-KH-01012 (La. 07/09/2020) [33 pp.]
From LSCR Volume 28, Issue 7
In October 2008 an undercover officer working with the Vermillion Parish Sheriff's Office
asked a person on an Abbeville street where he could purchase marijuana. That ... view full summary | | 4. | Warrantless blood alcohol test justified by exigent circumstances.
State v. Jason Michael, 2019-KK-01273 (La. 07/09/2020) [9 pp.]
From LSCR Volume 28, Issue 7
In June 2016 defendant drove his truck into a smaller vehicle on Highway 44 in Ascension
Parish and fled the scene of the accident. Police found him a few ... view full summary | | 5. | Defendant not entitled to post-conviction relief based on erroneous jury instructions.
State v. Robert Ricard, Jr., 2019-KH-00073 (La. 07/09/2020) [12 pp.]
From LSCR Volume 28, Issue 7
Defendant was indicted with two counts of aggravated rape of his 12-year-old niece, KM,
whom he regularly babysat in exchange for lodging in his sister's home. Afte... view full summary | | 6. | Court remands pro se application for post-conviction relief after court of appeal's denial on hyper-technical grounds.
State v. Joe Litton Bailey, 2019-KH-1337 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Louisiana Code Crim. Proc. art. 926 sets forth pleading requirements for applications for
post-conviction relief. Here, the district court denied defendant'... view full summary | | 7. | Venue for prisoner's claim was proper in 19th JDC.
State v. Donald G. Brooks, 2019-CI-1669 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
This case involved a disagreement as to whether venue was proper in the First Judicial
District Court or the Nineteenth Judicial District Court. L... view full summary | | 8. | Court orders district court to consider defendant's motion to correct illegal sentence.
State v. William Scott, 2019-KH-1651 (La. 07/24/2020) [2 pp.]
From LSCR Volume 28, Issue 7
Defendant represented that the district court had not acted timely on his 2016 motion to
correct illegal sentence under Miller v. Alabama, 557 U.S. 460 (2012... view full summary | | CIVIL PROCEDURE
| | 9. | District court's post-appeal certification of judgment as final cured defects in appellate jurisdiction.
In re: Interdiction of Eunice Lirette Gambino, 2020-OC-00312 (La. 06/03/2020) [3 pp.]
From LSCR Volume 28, Issue 6
In these proceedings plaintiffs sought to interdict both of their parents, terminate their
parents' community property regime, and nullify donations to their s... view full summary | | 10. | Court applied expired Louisiana prescriptive period to claim by Texas resident arising from Texas car accident.
Lettie Caruso v. Rodney Wooten, 2020-CC-0327 (La. 06/03/2020) [5 pp.]
From LSCR Volume 28, Issue 6
Plaintiff, a Texas resident, was involved in a car accident with defendant, a Louisiana
resident, in Texas in March 2017. In February 2019 plaintiff fil... view full summary | | 11. | Court orders district court to follow procedure for revealing identity of a non-party patient.
Earnest Dean Bryant v. Naomi Heights Nursing and Rehabilitation Center, L.L.C., 2020-CC-0474 (La. 06/03/2020) [2 pp.]
From LSCR Volume 28, Issue 6
Plaintiff sought to compel defendant to produce the identity of a non-party patient, and the
district court denied plaintiff's motion to compel. The Court granted a sup... view full summary | | JUVENILE
| | 12. | Juvenile court was bound by terms it imposed on juvenile's probation.
State in the Interest of L.S., 2020-CK-00677 (La. 06/09/2020) [2 pp.]
From LSCR Volume 28, Issue 6
By judgment dated February 5, 2020, LS was adjudicated delinquent. One of the conditions
imposed by the juvenile court on LS's probation was that "[i]f the youth is arr... view full summary |
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