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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| EVIDENCE
| | 1. | Wife was not entitled to rely on spousal privilege in grand jury proceedings targeting husband for alleged sexual abuse of a child.
In re: Grand Jury Subpoena, 2019-KK-00962 (La. 05/28/2020) [13 pp.]
From LSCR Volume 28, Issue 5
In January 2018 David Opperman was charged by bill of information with one count of
molestation of a juvenile arising from a 2003 incident in which he all... view full summary | | CRIMINAL
| | 2. | Given unusual circumstances, Court reverses judgment dismissing habeas claim as time barred.
State v. Justin Davis, 2019-KK-01962 (La. 04/27/2020) [5 pp.]
From LSCR Volume 28, Issue 5
Defendant was convicted of second degree murder and sentenced to life in prison. The First
Circuit affirmed. Defendant hired post-conviction counsel to pursue h... view full summary | | 3. | Decision of federal Fifth Circuit did not provide basis for post-conviction relief beyond two-year deadline.
State v. Terrance James, 20-KP-0068 (La. 04/27/20) [2 pp.]
From LSCR Volume 28, Issue 5
Defendant pleaded guilty to possession of cocaine and to public intimidation, a violation of
La. R.S. Section 14:122. According to defendant, he threatened to have offi... view full summary | | 4. | Court uses its inherent authority to reinstate appeal filed out-of-time.
State v. Tory Clark, 2019-KP-1077 (La. 05/01/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Defendant was convicted of second-degree murder and sentenced to life imprisonment with
eligibility for parole after 35 years. Defendant appealed, and the Fif... view full summary | | CIVIL PROCEDURE
| | 5. | Defendant was entitled to suppress the fruits of warrantless search of his house.
State v. Kari Shisler, 2020-KK-00146 (La. 05/01/2020) [11 pp.]
From LSCR Volume 28, Issue 5
Gretna Police Department Detective Brad Cheramie, also a member of the multi-
jurisdictional Major Crimes Task Force, received information from an in... view full summary | | 6. | Clerk of court could not effectively shorten prescriptive period by turning off fax machine at close of office hours.
Jacob Stevenson v. Progressive Security Insurance Co., 2019-C-00637 (La. 04/03/2020)[16 pp.]
From LSCR Volume 28, Issue 4
Plaintiffs alleged they were injured in a car accident on December 13, 2016. On December
13, 2017, their counsel attempted to fax file a petition for damages with the T... view full summary | | EVIDENCE
| | 7. | Court reinstates district court's ruling excluding expert testimony regarding injury causation.
George Blair v. Mary Coney, 2019-C-00795 (La. 04/03/2020) [20 pp.]
From LSCR Volume 28, Issue 4
Plaintiff filed suit alleging he was injured as a result of a 2013 automobile accident. He
alleged that while stopped in his vehicle at a traffic signal,... view full summary | | MEDICAL MALPRACTICE
| | 8. | Failure to pay filing fee as to one defendant did not nullify medical review panel request as to all.
Neville Kirt v. Rebecca C. Metzinger, M.D., 2019-C-01162 (La. 04/03/2020) [16 pp.]
From LSCR Volume 28, Issue 4
Elaine Kirt died on September 28, 2010, due to complications that she developed shortly
after undergoing eye surgery. On September 23, 2011, her sons filed a... view full summary | | JUVENILE
| | 9. | Court declares exception to juvenile court jurisdiction unconstitutional.
State in the Interest of D.T., 2019-KA-01445 (La. 04/03/2020) [12 pp.]
From LSCR Volume 28, Issue 4
DT was arrested after a shooting incident in June 2019, when he was 16 years old. The
juvenile court found probable cause for the charge of aggravated b... view full summary | | CRIMINAL
| | 10. | Evidence of victim's character and prior bad acts was not admissible.
State v. Clifford Williams, 2019-K-00490 (La. 04/03/2020) [9 pp.]
From LSCR Volume 28, Issue 4
Defendant was convicted of second degree murder for the 2013 shooting death of 15-year-
old Ralphmon Green. Green was struck by bullets four times, and defendant continued ... view full summary | | 11. | Court finds Miranda warning sufficient, siding against federal Fifth Circuit in split.
State v. Tre King, 2019-KK-01332 (La. 04/03/2020) [14 pp.]
From LSCR Volume 28, Issue 4
Officers smelled marijuana during a traffic stop of defendant and determined he had
outstanding warrants for his arrest. They placed him in handcuf... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 12. | Attorney publicly reprimanded for verbal altercation in open court.
In re Ike Spears, 2019-B-1895 (La. 03/09/2020) [9 pp.]
From LSCR Volume 28, Issue 3
On August 20, 2018, Ike Spears, an attorney licensed to practice law in Louisiana, appeared
before Judge Robin Pittman of the Orleans Parish Criminal District Court. Mr... view full summary |
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