LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 876 through 888
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

1.Court suppresses inculpatory statement despite waiver of rights where defendant's attorney informed police that he did not want defendant questioned and wanted to speak to him.
State v. Donovan Alexander, 2019-KK-00645 (La. 01/29/2020) [24 pp.]
From LSCR Volume 28, Issue 2
     Police officers received a tip that defendant was distributing heroin and that he lived in Jefferson Parish on Vintage Drive in Kenner and stored heroin a... view full summary
2.Court affirms murder conviction based on circumstantial evidence.
State v. Charles P. Mayeux, Jr., 2019-K-00369 (La. 01/29/2020) [13 pp.]
From LSCR Volume 28, Issue 2
     In the early morning hours of March 21, 2015, defendant called 911 to report a fire at his home in Evergreen. When the fire was extinguished, the charred body of his wi... view full summary
3.Officers had probable cause to search vehicle based in part on citizen's report.
State v. Leroy Jackson, 2020-KK-00124 (La. 01/31/2020) [3 pp.]
From LSCR Volume 28, Issue 2
     A truck driver flagged down an officer and reported a silver-colored vehicle stopped on the Claiborne Avenue Bridge in New Orleans. The truck driver informed ... view full summary
4.Recusal of judge was not warranted based on prior ruling.
State v. Chrystal Clues-Alexander, 2019-KK-1907 (La. 02/10/2020) [2 pp.]
From LSCR Volume 28, Issue 2
     Defendant pled guilty to manslaughter in the 16th JDC in connection with the 2013 shooting of her husband. Prior to sentencing, she filed a motion to recuse Judge Comea... view full summary
5.Court affirms conviction and death penalty in brutal beating death of two-year-old.
State v. Dacarius Holliday, 2017-KA-01921 (La. 01/29/2020) [99 pp.]
From LSCR Volume 28, Issue 2
     On May 14, 2007, Amanda Coon brought her four-year-old daughter to daycare before she went to work. Although she typically also brought her two-year-old son, Darian, sh... view full summary


6.Court grants interim disqualification of Shreveport City Court judge.
In re: Judge R. Lee Irvin, 2020-O-0178 (La. 01/20/2020) [1 p.]
From LSCR Volume 28, Issue 2
     By way of a brief order, the Court granted a motion by the Judiciary Commission for interim disqualification of Judge R. Lee Irvin of Shreveport City Court, precluding ... view full summary
CIVIL PROCEDURE

7.Contempt statute authorized award of attorney fees only to prevailing party who proved contempt.
Luv N' Care, Ltd. v. Jackel International Limited, 2019-C-0749 (La. 01/29/2020) [12 pp.]
From LSCR Volume 28, Issue 2

          Plaintiff, a Louisiana corporation, sued defendant, a corporation established under the laws of England and Wales, and related entities... view full summary
8.Court reverses summary judgment because plaintiffs were not afforded adequate opportunity to depose witness.
Deselle Milton-Gustain v. The Salvage Store, Inc., 2019-C-01854 (La. 02/10/2020) [3 pp.]
From LSCR Volume 28, Issue 2

          Plaintiffs sued defendant as a result of a slip-and-fall at defendant's store. Plaintiffs contended that a store employee was stocking ... view full summary
TORTS

9.Release precluded mesothelioma survival action by decedent's children three decades later.
Gistarve Joseph, Sr. v. Huntington Ingalls Inc., 2018-CC-02061 (La. 01/29/2020) [24 pp.]
From LSCR Volume 28, Issue 2
In 1982 Gistarve Joseph, Sr. filed suit against Avondale Industries seeking damages for occupational exposure to toxic fibers, asbestos, silica dust, and other dangerous materials during the course a... view full summary
10.Riverboat casino was not vessel in navigation under maritime law.
Caldwell v. St. Charles Gaming Company, 2019-CC-1238 (La. 01/29/2020) [16 pp.]
From LSCR Volume 28, Issue 2
Plaintiff was injured in the course of his employment as a technician on the Grand Palais riverboat when the gangway malfunctioned and collapsed. He filed suit alleging that at the time of the accid... view full summary
MEDICAL MALPRACTICE

11.Negligent credentialing and re-credentialing claim was covered by LMMA.
Megan Thomas v. Regional Health System of Acadiana, LLC, 2019-C-00507 c/w 2019-C-00524 (La. 01/29/2020) [23 pp.]
From LSCR Volume 28, Issue 2

          Mariah Charles was born prematurely in October 2014 at Lafayette General Medical Center. She was transferred to Women's and Children's ... view full summary
CIVIL PROCEDURE

12.Versions of pleading filed by facsimile and by hand were identical for purposes of statute, despite different signature forms.
Jason Meadows v. Christy Adams, 2019-OC-1724 (La. 01/22/2020) [3 pp.]
From LSCR Volume 28, Issue 1
     In this domestic matter, the district court dismissed plaintiff's claims with prejudice on May 8, 2018. The notice of judgment was mailed on May 9, and plaintiff filed ... view full summary
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