LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 924 through 936
Archive of LSCR Articles

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

1.District attorney did not have authority to dismiss and reinstitute charges to avoid evidentiary ruling.
State v. Fred Reimonenq, 2019-KK-00367 (La. 10/22/19) [19 pp.]
From LSCR Volume 27, Issue 10

          In December 2016 an Orleans Parish grand jury indicted defendant on charges of first degree rape, attempted first degree rape, and sex... view full summary
2.Court reverses convictions because of district court's error in Batson analysis.
State v. Kenneth Jones, 2017-K-00658 (La. 10/22/19) [27 pp.]
From LSCR Volume 27, Issue 10

          In November 2011 four men, including Jeremiah Harris and Merlin Smothers, were engaged in illegal activities in Harris's vehicle when... view full summary
3.State failed in its burden regarding predicate out-of-state guilty plea for habitual offender adjudication.
State v. Desmond C. Parker, 2019-K-0028 (La. 10/22/19) [12 pp.]
From LSCR Volume 27, Issue 10

          Defendant was found guilty of simple robbery and intimidating a witness. The State filed a habitual offender bill of information alleg... view full summary
4.Court clarifies application of amended Habitual Offender Law.
State v. Henry Pierre Lyles, 2019-KO-00203 (La. 10/22/19) [8 pp.]
From LSCR Volume 27, Issue 10

          Louisiana's Habitual Offender law, La. R.S. Section 15:529.1 was amended by 2017 La. Acts 282. Among other things, Act 282 reduced from ... view full summary
INSURANCE

5.Insured's bad faith claim against insurer was subject to ten-year prescriptive period.
Beverly Smith v. Citadel Insurance Co., 2019-CC-00052 (La. 10/22/19) [18 pp.]
From LSCR Volume 27, Issue 10

          Plaintiff filed suit against Darlene Shelmire and her insurer, GoAuto Insurance Company, as a result of a 2010 automobile accident. In 2... view full summary
MEDICAL MALPRACTICE

6.Plaintiff's claims were for administrative negligence and not medical malpractice.
Brenda Scio v. University Medical Center Management Corp., 2019-CC-1319 (La. 10/21/19) [1 pp.]
From LSCR Volume 27, Issue 10
Pl
          aintiff filed suit against University Medical Center New Orleans (UMC) alleging that UMC "was negligent in failing to implement an adm... view full summary
STATE AND LOCAL GOVERNMENT

7.Public entity's bid advertisement could not impose more restrictive requirements than Public Bid Law.
LeBlanc Marine v. State of Louisiana, 2019-C-0053 (La. 10/22/19) [9 pp.]
From LSCR Volume 27, Issue 10

          In May 2017 the State, through the Division of Administration's Office of Facility Planning and Control, issued an advertisement for bid... view full summary
SUCCESSIONS

8.Act revoking prior wills was effective even without date.
Succession of Edward Robin, Sr., 2019-C-0405 (10/23/19) [18 pp.]
From LSCR Volume 27, Issue 10

          Edward Robin, Sr. (Robin) had ten children -- five from his first marriage: Chris, Don, Brad, Edward, and Donna; three from his second m... view full summary
BAR / DISCIPLINARY / ETHICS

9.Attorney permanently disbarred after attempting to smuggle contraband into prison and being found in possession of drugs and stolen property.
In re: Edward Duane Schertler, II, 2019-B-1025 (La. 09/24/19) [8 pp.]
From LSCR Volume 27, Issue 9
     In March 2016 respondent, a Louisiana lawyer, went to the Lafourche Parish Detention Center to visit an inmate client. Respondent attempted to ente... view full summary
TORTS

10.Saints season ticket holders who attended 2019 NFC Championship game didn't have right of action against NFL.
Antonio Le Mon v. National Football League, 2019-CC-1264 (La. 09/06/2019) [5 pp.]
From LSCR Volume 27, Issue 9
     Plaintiffs are New Orleans Saints season ticket holders who attended the 2019 NFC Championship game between the Saints and the Los Angeles Rams. Plaintiffs... view full summary
CIVIL PROCEDURE

11.Application for rehearing on denial of supervisory writ to court of appeal didn't extend time to apply for writ to Louisiana Supreme Court.
Vicki D. Johns Blanchard v. Rayford James Blanchard, 2019-CC-0784 (La. 09/17/19) [1 p.]
From LSCR Volume 27, Issue 9
     This case concerned the delays to file an application for supervisory writs. After an adverse ruling in the district court, plaintiff sought supervisory writs from the ... view full summary
STATE AND LOCAL GOVERNMENT

12.Louisiana Senate candidate was entitled to have notice of candidacy reinstated.
Karen Carter Peterson v. Allen Helwick Borne, Jr., 2019-C-01365 (La. 08/28/19) [2 pp.]
From LSCR Volume 27, Issue 9
     On July 26, 2019, Allen Helwick Borne, Jr. appointed Paul A. Bello as his agent to file his Notice of Candidacy for Louisiana State Senate District 5. According to Mr. Bor... view full summary
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