Archive of LSCR Articles
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| CRIMINAL
| | 1. | Court remands non-unanimous jury convictions that were on direct review when Ramos was decided.
State v. Kendell Shanner Cagler, 2018-KO-01988 (La. 06/03/2020) [2 pp.]
From LSCR Volume 28, Issue 6
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 | | 2. | Court refuses to consider whether Ramos applies retroactively to cases on collateral review.
State v. Willie Gipson, 2019-KH-01815 (La. 06/03/2020) [10 pp.]
From LSCR Volume 28, Issue 6
On collateral review, defendant challenged under the Sixth Amendment his conviction by a
non-unanimous jury, and the district court denied relief. The Court denied his ... view full summary | | 3. | Court refuses to suppress evidence resulting from warrantless search during probation officer's collection of sample for drug test.
State v. Darick Deon Carter, 2019-K-1443 (La. 06/03/2020) [3 pp.]
From LSCR Volume 28, Issue 6
Defendants Darick Deon Carter and Karshalona Griffin moved to suppress evidence seized
during a warrantless search of their home. The evidence included an assault rifle... view full summary | | 4. | State was entitled to opportunity to show prejudice from allowing out-of-time habeas claim.
State v. Kashie Fernandez, 2019-KP-1743 (La. 06/03/2020) [4 pp.]
From LSCR Volume 28, Issue 6
Defendant filed a claim for post-conviction relief after the expiration of the two-year limit
provided by La. Code Crim. Proc. art. 930.8(A), and the district court all... view full summary | | 5. | Court reinstates conviction that court of appeal reversed based on admission of hearsay, remands for review under Ramos.
State v. Trae Williams, 2019-K-01690 (La. 06/12/2020) [2 pp.]
From LSCR Volume 28, Issue 6
Defendant was convicted of manslaughter by a 10-2 jury verdict in the shooting death of his
uncle. At trial, the victim's daughter testified that two days before the mu... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 6. | Motion to recuse judge was properly denied as untimely.
Margaret Patricia Landry Langlinais v. Union Oil Company of California, 2020-C-0229 (La. 05/14/2020) [3 pp.]
From LSCR Volume 28, Issue 5
In 2016 the Committee to Elect Judge Marilyn Castle published a campaign advertisement
mentioning the name of plaintiffs' counsel. In April 2018 plaintiffs' counsel fil... view full summary | | CONTRACTS
| | 7. | Engineering firm was entitled to dismissal of third-party demand.
Couvillion Group, LLC v. Plaquemines Parish Government, 2020-C-0074 (La. 04/27/2020) [5 pp.]
From LSCR Volume 28, Issue 5
Plaquemines Parish contracted with plaintiff, a general contractor, for a public works project
at Port Eads. The Parish executed a separate contract with Professional E... view full summary | | TORTS
| | 8. | Plaintiff's claims arising from sexual relationship with dentist were not prescribed.
Aleisha Gaston v. Willie Earl Harkless, 2020-C-0187 (La. 05/07/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Plaintiff named as defendants Willie Earl Harkless and Willie Earl Harkless, DDS, d/b/a
Smiles Family Dentistry, LLC. She alleged that Dr. Harkless ... view full summary | | CIVIL PROCEDURE
| | 9. | Defendant was entitled to intervene on appeal despite his earlier dismissal by the district court.
Jeff Landry v. Sara Duplechain, 2019-C-1909 (La. 04/27/2020) [2 pp.]
From LSCR Volume 28, Issue 5
On January 8, 2018, the Vermilion Parish School Board held a meeting to discuss and renew
the contract of superintendent Jerome Puyau. Based on a citizen's complaint, L... view full summary | | 10. | Court dismisses defendant for lack of personal jurisdiction.
Isabella R. Chevalier v. Joseph L. Charles, 2020-CC-0223 (La. 04/27/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Plaintiffs filed suit in the 16th JDC, Parish of St. Martin, and included as a defendant
Bayerische Motoren Werke AG, which filed a declinatory exception... view full summary | | INSURANCE
| | 11. | Insurance commissioner was not bound by arbitration provision in insolvent insurer's contract.
James J. Donelon v. Terry S. Shilling, 2019-C-00514 (La. 04/27/2020) [14 pp.]
From LSCR Volume 28, Issue 5
The Louisiana Health Cooperative, Inc. (LAHC) was created in 2011 under the Patient
Protection and Affordable Care Act, 42 U.S.C. Section 18001, et seq. LAH... view full summary | | EVIDENCE
| | 12. | Court remands for specific findings regarding excluding expert witness's testimony.
Emily Everett v. Air Products and Chemicals, Inc., 2019-CC-1975 (La. 05/26/2020) [4 pp.]
From LSCR Volume 28, Issue 5
In this suit related to asbestos exposure, the district court granted defendants' motion to
exclude plaintiffs' expert's opinion on causation and to preclu... view full summary |
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