La Possession Demma Evans Critique Essay

March 31, 2003



Bodenheimer Pleads Guilty, Agrees to Testify

The Times-Picayunereports that former 24th JDC District Judge Ronald Bodenheimer pleaded guilty to federal charges (drug conspiracy, mail fraud, and mail fraud conspiracy) and has agreed to become a government witness in an extensive investigation into corruption in the Jefferson Parish judiciary. "Under a plea agreement with prosecutors, Bodenheimer faces three years, six months in prison. U.S. District Judge Ginger Berrigan set July 9 for sentencing. Bodenheimer remains under house arrest." U.S. Attorney Jim Letten said Bodenheimer's plea "represents not the conclusion of our investigation, but the beginning."

Posted by AJR at 07:30 PM


nola.com Weblog

nola.com, which provides news and classifieds from The Times-Picayune, has launched its own weblog, titled NOLA View. It it even has the obligatory blogroll. Impressive.

Posted by AJR at 07:21 PM


Brown Resigns

Jim Brown has resigned from his position as Louisiana Insurance Commissioner, according to this report by The Times-Picayune. "In a statement issued through his attorney, Brown said his resignation would be effective at noon Friday."

Posted by AJR at 02:51 PM


Jim Brown's Second Writ Denied

Suspended Insurance Commissioner Jim Brown had his second appeal to the United States Supreme Court rejected today, reports WAFB. "The high court's decision makes Brown's felony conviction final and it clears the way for Brown's removal from office." Check here to see Brown's first-hand perspective on his time in the federal pen.

Posted by AJR at 12:57 PM


Former Illinois Governor Ryan to Speak at Loyola

The Loyola University School of Law Gillis Long Poverty Law Center presents the 2003 Distinguished Speaker, Governor George Ryan. Based on this search, it appears that Governor Ryan has been making his rounds on the speaking circuit.

Monday, March 31, 2003 at 6:30 p.m.
Frederick Gisevius Moot Court Room 308
Loyola Law School
7214 St. Charles Avenue
New Orleans, LA 70118

This event is free and open to the public.
For more information, call Fran, (504) 861-5746.

Posted by AJR at 10:47 AM


A "Primer" on Passing Legislation in Louisiana

The Advertiserprovides a short course on what it takes to move an idea into the Louisiana lawbooks. "Scratching backs, begging, reasoning, threatening, filtering, cajoling and wining and dining — but not lying."

Posted by AJR at 08:07 AM


Dock Board Law Fees Examined

The American Pressreports on the Lake Charles Dock Board's receipt of a bill from Baton Rouge-based firm Taylor, Porter, Brooks & Phillips*. "The American Press asked in public records requests earlier this month for all billings from the Baton Rouge law firm and a copy of the firm's contract with the Dock Board."

Posted by AJR at 08:03 AM


Attorney Files Ethics Complaint Against Catahoula Sheriff

The Town Talkreports that Paul Lemke, who practices in Harrisburg, has filed an ethics complaint against Catahoula Parish Sheriff Ronnie Book. The complaint alleges that Book's relative, Pat Book, was a part owner of B&B Commissary, which officially supplied the jail from July 2001 until January 31 of this year. "Lemke became involved with the jail commissary when [an inmate] asked him to investigate the commissary after purchase prices soared in a short period of time."

Posted by AJR at 07:49 AM

March 28, 2003



Federal Rules Amendments.

SCOTUSBlog reports that Chief Justice Rehnquist transmitted amendments to Congress regarding the Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy, Federal Rules of Civil Procedure, and Federal Rules of Evidence. How Appealing notes that changes to the amendments of the Federal Rules of Appellate Procedure are negligible, however, anyone dealing with class action procedures should check out the amendments to Federal Rules of Civil Procedure.

Posted by AJR at 03:30 PM


Lafayette Parish School Board Ready to Prove Deseg Case

The Advertiserreports that the Lafayette Parish Schoolboard wants to be free of court oversight in its 37-year old desegregation lawsuit and will file for unitary status next week. "The report will be presented to U.S. District Judge Richard Haik to review, and he will rule on whether the school district can be released from federal oversight."

Posted by AJR at 07:35 AM


Assistant DA Resigns After DWI Indictment

The News-Starreports that Cyrus Frazier, III, assistant district attorney for the 37th JDC in Caldwell Parish, was indicted on Thursday for a felony count of third offense DWI. "He came in Tuesday morning, we talked about it, and he tendered his resignation," said Illey Evans, 37th JDC DA, on Thursday afternoon.

Posted by AJR at 07:30 AM


Plaquemines Parish Courthouse Commission Postpones Decision

The Times-Picayunereports that the Plaquemines Parish Courthouse Commission postponed their decision regarding where it will ask voters to build a new parish courthouse to replace the one that burned down in January 2002. There appears to be support for all three options (Port Sulphur, Pointe a la Hache, and Cedar Grove, so the decision to postpone was made in order to develop more information about the proposed sites.

Posted by AJR at 07:22 AM


Foster Considers Joining anti-French Bandwagon

Not to be outdone by boy wonder, Governor Foster indicated that he is considering withdrawing the state's invitation to French President Jacques Chirac to attend the December 20 closing ceremonies of the Louisiana Purchase Bicentennial celebration, reportsThe Times-Picayune.

"People are really fed up with France," Foster said on his [Thursday afternoon radio] show. "We have good relationships with the French people. They must have slipped up and elected somebody who doesn't like us."

In other news, little Tommy successfully petitioned his mother to revoke Johnny Smith's invitation to Tommy's birthday party after Johnny wouldn't let him play with his new football.

Posted by AJR at 07:13 AM | Comments (0)


EBR DA Seeks Reinstatement of Charges Against Odom

The Times-Picayunereports that EBR prosecutors were at the First Circuit Court of Appeal asking the court to restore charges tossed out by 19th JDC Judge Don Johnson, who has thrown out part or all of the 10 counts of alleged wrongdoing against Odom. "One of the key issues discussed Thursday is whether Odom can be charged with felony theft for having agriculture department staff work on his personal projects while being paid by the state."

Posted by AJR at 07:05 AM


Sabine River Authority Asks for Review of Audit

The Town Talkreports that Sabine River Authority commissioners took no action in response to the audit recently released by the state legislative auditor. Rather, commissioners are awaiting further word from Sabine District Attorney Don Burkett or State Attorney General Richard Ieyoub.

Several board members, backed by applauding audience members, said it's already clear they need to take action on one audit finding: Ask former Executive Director Linda Curtis-Sparks to return a $117,500 payment given to her in January as part of a settlement agreement reached Dec. 30.

Posted by AJR at 06:58 AM

March 27, 2003



Senate Judiciary Approves Owen's Nomination

How Appealing reports that the Senate Judiciary Committee has approved the nomination of Priscilla R. Owen to the Fifth Circuit today.

Posted by AJR at 04:47 PM


High School Students Have Sex in Class, Parents Sue

"The parents of a high-school boy who say their son had oral sex with a 14-year-old girl in biology class while a teacher was present have filed suit, alleging teacher negligence," reportsThe Town Talk. The lawsuit alleges that the teacher was engrossed with her computer and was not watching the class and that her lack of supervision contributed to the event. The Beauregard Parish Schoolboard is a named defendant in the case.

Posted by AJR at 10:40 AM


Alexandria Lawyer Faces US Senate Confirmation Today

The Town Talkreports that Alexandria lawyer Dee Drell will go before the United States Judiciary Committee in Washington, D.C. this afternoon for confirmation as a United States District Judge for the Western District of Louisiana. "If confirmed, Drell will fill the slot being vacated by Judge F.A. Little Jr., who took senior judge status last April." The United States Department of Justice Office of Legal Policy page on Mr. Drell can be accessed here.

Posted by AJR at 10:36 AM


Mansfield Businessman Admits Widespread Fraud

The Timesreports that a Mansfield businessman who developed and managed hundreds of apartment complexes throughout Louisiana and the rest of the South admitted to bilking the government out of millions of dollars. Riemer Calhoun, Jr., a 66-year-old millionaire, plead guilty to two counts of wire fraud and to one count of conspiracy to commit equity skimming. His agreement requires him to pay a $1 million dollar fine and to serve a possible 10-year prison sentence.

Calhoun used two different schemes to defraud government agencies and various investors throughout the country of $2.5 million, Flanagan said. Some of those investors also stand to lose money if the Internal Revenue Service disallows tax credits they received through Calhoun's fraudulent business practices.

Posted by AJR at 10:30 AM


Wiretap Evidence Admitted in Jefferson Courthouse Corruption Case

The Times-Picayunereports that United States District Judge Ginger Berrigan refused to strike months of secret wiretap recordings that prosecutors are using against former state Judge Ronald Bodenheimer and others. "There are only two options left for Mr. Bodenheimer: Prepare for trial, or renew negotiations for a plea agreement with the government," said criminal defense attorney Vinny Mosca. "The ruling is likely to have a strong impact beyond Bodenheimer's drug case, experts said, safeguarding the government use of the wiretaps in other elements of the 3½-year-old federal investigation into corruption at the Gretna courthouse."

Posted by AJR at 10:23 AM

March 26, 2003



Welcome How Appealing Readers

Mr. Bashman has picked an excellent time to share a slice of the Louisiana life with his readership. Louisiana has made national headlines for its connection with the Washington-area snipers, a serial killer, hurricanes, West Nile Virus, LSU's hiring/firing of Steven Hatfill, and most recently, as the childhood home of the United States soldier accused of attacking his own. Not to be outdone by itself, however, one of our state representatives has just announced plans to file a bill in the upcoming legislative session that will revoke the invitation of French President Jacques Chirac to join in Louisiana's Bicentennial Celebration of the Louisiana Purchase later this year. Thankfully, some state officials recognize that international relations is not an area that our state legislature should wade into with such haste.

Although Louisiana has an innate ability to embarrass itself in front of the nation and the world, it is our home. Visitors will find warm welcomes, unmatched cuisine and a sportsman's paradise. It is an honor for Naked Ownership to provide a portal into a subset of Louisiana's most famous commodities - law and politics. Although the site is still under construction, we hope that you will find it interesting enough to look around and pass on to those that might have an interest in Louisiana's legal scene. And for those that have never had the opportunity to visit New Orleans, you might want to check out the Fifth Circuit Appellate Practice and Advocacy Seminar to be held in the Big Easy next month. Finally, please feel free to leave any questions or comments about the site, travel tips, or that crazy Louisiana Civil Code.

Posted by AJR at 11:48 AM | Comments (0)


14th JDC Judge Expects Sheriff to Provide Courthouse Security

The American Pressreports that Chief Judge David Painter, of the 14th JDC, said Tuesday that he has told Calcasieu Parish Sheriff Beth Lundy that all of the 14th JDC judges feel that the sheriff is required to provide security at the parish courthouse. The opinion is in response to indications from the sheriff's office that it might need to reduce the number of security officers because of budget restraints.

Posted by AJR at 08:12 AM


Shreveport to Payback Bond Funds

The Timesreports that the Shreveport City Council has approved Mayor Keith Hightower's plan to partially reimburse a park bond fund that was used to buy land for a downtown convention center. The land and bond funds have been the subject of controversy as a result of the council's approval of the Deja Vu strip club. The apparent mingling of bond funds is now the focus of the state legislative auditor. Of the $958,000 used to purchase land for the convention center, $700,00 has already been reimbursed. The council approved the Mayor's plan to pay back the remainder from a hotel bond fund.

Posted by AJR at 08:06 AM


Family Sues Baton Rouge Zoo

The Advocatereports that Randy Svara has filed suit against the Baton Rouge Zoo after his family's trip to the petting zoo turned into a struggle with a cow. "While at the petting barn, the cow grabbed his son's arm with its mouth and pulled the child's arm through the fence, the suit says." It is further alleged that the child's speech patterns and sleep have been affected by the incident.

Posted by AJR at 08:00 AM


NOLA Court Halts Wal-Mart Project

The court-appointed curator for Arlene Meraux has succeeded in getting all work on a proposed Wal-Mart Super Center in Chalmette suspended until an April 8 hearing, reports The Times-Picayune. "The order is the latest development in the public struggle to control the Meraux estate. Meraux, 80, is in declining health and was ruled by a court in August to be unable to tend to her affairs because of chronic senile dementia." The Wal-Mart project is now involved in the dispute regarding the management of her health and wealth because it is unclear who owns the land where the store is to be built: J&A Meraux, Inc. or the Joseph and Arlene Meraux Charitable Foundation.

Posted by AJR at 07:53 AM


New Chief Assigned to FBI's Louisiana Operations

The Times-Picayunereports that the FBI has named a new head for its Louisiana operations. Louis Reigel III will take over duties for departing Special Agent in Charge, Kenneth Kaiser. "Reigel said Tuesday that it has been a dream of his to head an FBI office. In New Orleans, his focus will be on counterterrorism and to continue Kaiser's efforts to root out political corruption."

Posted by AJR at 07:41 AM

March 25, 2003



Legislature Already Beginning Asinine Antics

WBRZ reports that State Representative Almond Crowe (R-Slidell) has drafted a resolution to rescind Louisiana's invitation to French President Jacques Chirac to join President Bush at a ceremony to mark the bicentennial of the Louisiana Purchase. This will get about as far as renaming the Vieux Carre as the Freedom Quarter.

Posted by AJR at 12:22 PM


Louisiana Online Business Directory?

The Advertiserreports that UL Lafayette and the state Department of Economic Development unveiled "what they hope will be a key tool for economic development in Louisiana." The Louisiana Commerce Exchange System (LACES) is the first online directory of state-wide business and lists more than 80,000 manufacturing companies. The article does not mention a URL for the site, but this appears to be it.

Posted by AJR at 09:01 AM


Sabine River Authority Cited by Legislative Auditor

The legislative auditor has issued a report citing ten allegations of improper conduct by the Sabine River Authority, reportsThe Times. Allegations include improper payments totaling $117,500 to the former executive director, Linda Curtis-Sparks, failure to comply with state law in contracting professional services and failure to follow the bid process when purchasing furniture and fixtures. The article provides an brief chart/summary of the audit at the bottom of the web page.

Posted by AJR at 08:53 AM


Shreveport Council to Discuss Bond Funds

The Timesreports that the Shreveport City Council is debating on whether or not to return 1996 bond money to a fund that was intended to create a riverfront park, but was instead used to purchase land for the convention center. The legislative auditor revealed last week that it is investigating the use of the funds, which have become a hot topic as a result of the Deja Vu strip club zoning and permitting fiasco. The council has maintained that it did nothing wrong with the funds and one councilman has questioned this proposal as nothing more than a way to avoid the impression of impropriety.

Posted by AJR at 08:47 AM


New Parish Seat to be Considered in Plaquemines

The Times-Picayunereports that the Plaquemines Parish Courthouse Commission will hold a public meeting on Wednesday to consider alternate sites for rebuilding the parish courthouse that burned in January 2002. Prior to the fire, parish voters narrowly rejected a proposal to move the government parish seat to the west bank of the Mississippi. Since the fire, three alternate sites have been promoted: (1) Port Sulphur; (2) Cedar Grove; and (3) Pointe a la Hache. "Roe said the public is encouraged to attend to hear the presentations, but the meeting is not intended to become a public debate about the proposed sites. "

Posted by AJR at 08:36 AM


Sheriff Harry Lee may Disband Traffic Unit

Jefferson Parish Sheriff Harry Lee has taken a bold step in admitting that his approach to improving traffic safety for the last few years is not working, reportsThe Times-Picayune. In mid-1998 Lee declared war on bad drivers and developed a motorcycle traffic division that has written nearly 100,000 tickets per year. Fatal accidents, however, have increased significantly since the implementation of the program. Although most large departments throughout the country have traffic units, the downside is that other officers begin to think that traffic work is not their responsibility. No doubt, the National Motorists Association will be glad to hear this news.

Posted by AJR at 08:31 AM


Copeland Implicated in Custody Conspiracy

The Times-Picayunereports that Phil Demma, a Jefferson Parish juvenile services officer, has implicated Al Copeland in the effort to rig Copeland's child custody case in court. Nonetheless, Demma "has grown to be a thorn in the side of both prosecutors and defense attorneys" as he has hired three separate attorneys in the past year and also engaged in questionable private conversations with co-defendants subsequent to his plea-bargain. Copeland's attorney, Jack Martzell, said "I don't believe he will be indicted, but that and 75 cents will get you a cup of coffee."

Posted by AJR at 08:21 AM

March 24, 2003



Opinions From Louisiana Board of Ethics

Opinions recently rendered by the Louisiana Board of Ethics can be found at the following links:

January
February
March

Posted by AJR at 10:11 PM


The Loyola Law School Health

The Loyola Law School Health Care Law Society, the Dean and law faculty are hosting a presentation on tort reform by Donald Palmisano, M.D., J.D., President-Elect of the American Medical Association. The presentation will be on Friday March, 28, 2003 at 3:00 p.m. in the Board Room of Greenville Hall. A reception will follow.

This should be a fascinating presentation in light of recent federal efforts to establish a national tort reform program. See here for a link to a Times-Picayune article discussing the possible effect of such legislation in Louisiana. Further, this NPR story probes the link between big jury awards, rising malpractice premiums and interest rates.

Posted by AJR at 10:08 PM


Lake Charles Longshoremen Drink on the Job

The American Pressreports that the Lake Charles Dock Board, which has been under intense scrutiny of late, permits longshoremen to drink at the dock since their union has released the port of any liability that might result from the drinking. Lake Charles port employees are not permitted to drink. According to the article, both the Dock Board and the longshoremen take full advantage of their abilities to drink at the dock.

In other news, the port also removed a port-a-potty. Seriously.

Posted by AJR at 08:01 AM

March 21, 2003



News Coverage Focuses on War

The state newspapers are obviously focusing resources on the war in the Middle East. As a result, the offerings around Naked Ownership have been slim for the last few days.

Posted by AJR at 07:47 AM


Donaldsonville Mayor's Hiring of Assistant Deemed Illegal by AG

The Advocatereports on yet another dispute between Donaldsonville Mayor Raymond Jacobs and the City Commission Council. In the current dispute, the state Attorney General agreed with Donaldsonville City Attorney Chuck Long's opinion that Jacobs hiring of an administrative assistant was improper because he failed to gain council approval to adjust the budget. Long says the action is sufficient cause for removal of office, however, Jacobs seems unconcerned about such a result. "Jacobs said his next step would be to meet with Long, look over exactly what his request was to the Attorney General's Office and then send his own response to Ieyoub."

Posted by AJR at 07:41 AM

March 20, 2003



Panel Seeks Tougher DWI Laws

The Timesreports that the State DWI Task Force agreed to recommend legislation to raise the minimum age for entering a bar from 18 to 21. Nonetheless, they recognize that passing the measure will not be easy.

Posted by AJR at 10:48 AM


Clerks of Court Convention in Monroe

The News-Starreports that clerks of court from across the state will meet in Monroe this week for the Louisiana Clerks of Court Association Annual Convention. Hopefully, they will be discussing electronic access to docket information, etc.

Posted by AJR at 10:44 AM


NOLA DA Visited by Brooklyn Prosecutor

The Times-Picayune reports that NOLA District Attorney Eddie Jordan's Brooklyn counterpart was in New Orleans Wednesday for an informal lecture and pep talk on how his office fights crime by trying to prevent it. Jordan hopes to model many of the successful programs implemented in New York, including the assignment of prosecutors to certain areas of New Orleans, so they can work closer with police as well as residents.

Posted by AJR at 10:36 AM

March 19, 2003



Port Bills

The Port of Lake Charles has been under intense scrutiny in the last month after a former dock member resigned on February 10 alleging fiscal mismanagement at the port. The American Press has been on the case and today offers several stories regarding the board and its spending habits. This article provides a brief background on the commissioners. The next few articles cover the boards' spending habits:

- Officials Run Up Big Bills
- Port officials throw $38,000 party
- Port officials' eats add up: $50,000 paid over 3 years

Posted by AJR at 07:11 AM


Horseshoe Casino to Settle State Dispute for $7.4 Million

The Horseshoe Casino has agreed to pay the State $7.4 million to settle charges that its owner, Jack Binion engaged in "extraordinary and inappropriate" business practices, reportsThe Times. "With the casino agreeing to the sanction, the state Gaming Control Board voted unanimously to grant it an unconditional license that will come up for another five-year renewal on Nov. 22, 2004." The article provides a concise summary of the agreement.

Posted by AJR at 07:04 AM


Gubernatorial Candidates Consider Appointed Judges

The Advocatereports that the Louisiana Organization for Judicial Excellence sponsored a forum for the State's gubernatorial candidates yesterday. "Four of the 12 governor candidates showed up for a luncheon to discuss a plan to use citizens, civic groups and attorneys to nominate judges, with the governor making the final selections." The article reports that the candidates were relatively cold to the idea of appointed judges.

Posted by AJR at 06:56 AM


Meraux Estate Dispute Continues

The Times-Picayunereports on the on-going public battle to control the estate of New Orleans land baroness Arlene Meraux, who is 80-years-old and unable to care for her own affairs. The latest squabble concerns the designation of Meraux's niece as under-curator. Meraux's court-appointed curator is challenging the niece by claiming that she "forged a document making her and her husband members of the charitable foundation that will control Meraux's fortune after her death."

Posted by AJR at 06:48 AM

March 18, 2003



Louisiana First Circuit Opinions

Here are the most recent opinions as of today 3/18/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1292
Full Opinion [pdf]
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In this wrongful death and survival action, plantiffs Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendants Craig Lewis, individually and D/B/A Craig Lewis Sate Farm Agency peremptory exception raising the objection of prescription/peremption. Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0573
Full Opinion [pdf]
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In this appeal the plaintiff challenges the trial court's grant of attorney's fees in favor of the defendant. Affirmed In Part, Reversed In Part.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 002CA0575
Full Opinion [pdf]
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This case presents an issue of res nova in this circuit as to whether a political subdivision may be vicariously liable for negligence of an employee driving a vechicle owned by the political subdivision regardless of whether the employee acted with the course and scope of her employment from a judgement finding the political subdivision liable pursant to a theory of respondent superior, the political subdivision has appealed. Reversed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0583
Full Opinion [pdf]
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The plaintiff has appealed the trial court's denial of the motion to set aside an earlier judgement of dissmissal in favor of the defendant. Appeal Dismissed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0835
Full Opinion [pdf]
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This appeal arises from the rial court's dismissal of the majority of an action for real estate commessions aganist the landlord(s) on numerous leases of immovable property. Reversed And Remanded.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0933
Full Opinion [pdf]
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This appeal has been brought pursant to the trial court's certification of a summary judgement as a final partial judgement under La. C.C.P. art.1915.
For the following reasons, we find onour de novo review that the trial court erred in certifying the partial summary judgement as a final judgement. As, a result this court lacks subject matter jurisdiction.
Appeal Dismissed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0937
Full Opinion [pdf]
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This is a workers' compensation case where TETRA appeal a judgement granting Ronald Boquet permanent total disability benefits. Reversed, Remanded with Instructions.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0992
Full Opinion [pdf]
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In this workers comprnsation action the claimant appeals from the judgement sustaining a aperemptory exception raising the objection of prescription and dismissing his claim for workers' compemsation benefits. Affirms In Part, Reverses In Part, Remands.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0548
Full Opinion [pdf]
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The issue raised on appeal in this succession case are whether the trial court erred in granting summary judgement on the issue of the reasonableness of a contigency fee contract and in denying summary judgement on the issue of the excessiveness of the contract. Reversed In Part, Affirmed In Part, And Remanded.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1178
Full Opinion [pdf]
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In case Zodiac Development and American Emploters Insurance Company, appeal a judgement overruling exceptions raising the objections of lack of personal jurisdiction over nonresident, Shamma, and improper venue. Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1477
Full Opinion [pdf]
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The defendant, Bradley Graham wascharged with attenpted second degree murder, armed robbery, attempetd aggravated rape; aggravated sexual battery, second degree kidnapping and eight counts of aggravated oral sexual battery. He pled not guilty and waived his right to a jury and was found guilty by a judge. Convictions, Habitual Offinder Adjudication And Sentences Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CU2131
Full Opinion [pdf]
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This is an action by a father in opposition to the planned relocation of his eleven-year-old daughter. The mother now appeals from an order of the trial court precluding the daughter from relocating with her mother outside an area of family support.


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Date - 2/26/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CW2235
Full Opinion [pdf]
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This issue before the court in this writ application is whether an employer may be considered the claimant under LSA-R.S. 1310.4 and choose the situs of the necessary hearings. Writ granted and made premptory;Remanded with order.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1006
Full Opinion [pdf]
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Thw defNDnt, Russell Millien pled not gilty to a charge of theft of property. Following a jury trial he was convicted. He twice moved for a mistrial and a new trial but was denied. Hissentence was to be consecutively served. He appeals designating three assignments of error. Conviction Reversed and Modified; Sentence Vacated; Remanded for Resentencing.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1259
Full Opinion [pdf]
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Mr. Philip Foster was cahrged with one count of conspiracy to commit malfeasance, one count of conspiracy to commit monry laundering and (count two)
one count of conspiracy to commit money laundering.
The defendant pled not guilty to all counts. Affirmed.


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Date - 3/5/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1268
Full Opinion [pdf]
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The defendant, Jerry L. Hayes, was charged by bill of information with theft. He pled not guilty and was found guilty by a jury. Affirmed


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1269
Full Opinion [pdf]
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The defendant Timothy Booker was charged by a grand jury with murder. He pled not guilty. Following a jury trial he was convicted as charged. Conviction And Sentence Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1344
Full Opinion [pdf]
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The defendant, Eric P. Hamilton was originally chargd with posession of cocaine, he pled not guilty. The state later amended the charge to posession with intent to distribute. The defendant entered a plea of not guilty to the amended charge and was found guilty by a jury. Convictions And Sentence Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA1144
Full Opinion [pdf]
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In this workers' compensaation case matter the defendants, Cippriani's Restaurant and its insurer LRASIF, appeal a ruling in favor of Cleo Davis for workers' compensation. Affirmed.


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Posted by AJR at 10:02 PM


Louisiana Fifth Circuit Opinions

Here are the most recent opinions as of 3/13/03 from the Louisiana Fifth Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-230
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
JOSEPH J. SANDOVAL
The defendant, Joseph Sandoval, was convicted of one count of distributing heroin and one count of possession with intent to distribute heroin, violations of LSA-R.S. 40:966(A), and he was sentenced to the statutorily mandated sentence of life imprisonment without benefit of probation or suspension of sentence on each count, to be served concurrently.1 The defendant now appeals.
The defendant contends that the State’s evidence presented at trial is legally insufficient to support his convictions for possession with intent to distribute heroin and distribution of heroin. The State responds that it proved beyond a reasonable doubt that the defendant committed these offenses.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1115
Full Opinion [pdf]
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DONALD ROVIRA and JULIE ROVIRA VERSUS
DR. GEORGE BYRAM, JR.
The plaintiffs appeal a summary judgment that dismissed their medical malpractice suit against the defendant. We affirm. At age 29 Donald Rovira suffered from avascular necrosis of both hips and underwent surgery for bilateral femoral bone grafts in April 1992. The surgery was performed by Dr. George Byram, Jr. The bone grafts failed; as a result, Mr. Rovira had to have total hip replacement surgery on the right side in August 1992 and on the left side in March 1993.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Corporate/Tax/Intellectual Property
Docket Number - 02-CA-698
Full Opinion [pdf]
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CHARLES YUSPEH, JULIE Y. BENSON, JOEL Y. ASHNER AND WALLACE MURPHY VERSUS
HANSEN E. KOCH, DAVID E. KOCH, CERTIFIED SECURITY SYSTEMS, INC., CSS ACQUISITION, L.L.C., AND MICHAEL
DITCHARO
Defendants, Hansen and David Koch, appeal a jury verdict in favor of plaintiffs, Charles Yuspeh, Wallace Murphy, and other minority shareholders in Certified Security Systems, Inc. (CSS), a closely held corporation in the commercial and home alarm system business. The plaintiff minority shareholders sued the Koch brothers, the majority shareholders, for the value of plaintiffs’ stock in CSS, following a cash out or Afreeze out@ merger that was approved by the majority shareholders in December of 1997. The minority shareholders alleged that the merger was accomplished by breach of fiduciary duty and fraud.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA, Torts and Personal Injury
Docket Number - 02-CA-713
Full Opinion [pdf]
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ROBERT ANDREW BOURGEOIS, ET AL.
VERSUS A.P. GREEN INDUSTRIES, ET AL.
This suit is a class action by current and former employees of Avondale Industries, Inc., who allege they were exposed to asbestos while employed at Avondale. Plaintiffs have not manifested any physical illness or disease related to asbestos.1 They seek establishment of a judicially-administered medical monitoring fund and counseling program.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 02-CA-864
Full Opinion [pdf]
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JOHN LAPEYROUSE VERSUS
EAST BANK CONSOLIDATED FIRE DEPARTMENT
The Plaintiff, John Lapeyrouse, appeals from a workers’ compensation judgment dismissing his case against the Defendant, East Bank Consolidated Fire Department a/k/a Jefferson Parish Fire Department, for supplemental earnings benefits, penalties and attorney’s fees. We affirm.
The case went to trial on December 27, 2001. In a judgment issued on February 15, 2002, the workers’ compensation judge found that the Plaintiff retired in February of 1999, and thus he is not entitled to SEB’s. The workers’ compensation judge further concluded that the Defendant was not arbitrary and capricious in terminating the Plaintiff’s benefits.
On appeal, the Plaintiff argues that the workers’ compensation judge erred in finding that he is not entitled to SEBs. The Plaintiff argues that the issue at trial should not have been his retirement, but whether he could return to work as a firefighter.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 02-CA-904
Full Opinion [pdf]
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GERRYLEIGH K. GALEANO VERSUS
TACO BELL CORPORATION
In this workers’ compensation suit, the employer appeals the judgment finding that the employee met her burden of proving a workrelated accident and that the employee had not made fraudulent statements in order to obtain benefits. The employee appeals the finding that she is not entitled to compensation benefits after July 29, 2000. For the following reasons, we affirm the workers’ compensation judge’s ruling in part and reverse in part.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations
Docket Number - 02-CA-999
Full Opinion [pdf]
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INVESTORS BANK & TRUST COMPANY VERSUS
SEA PACK INTERNATIONAL, INC., ET AL
Appellant/third party plaintiff, James E. Shields, Sr. (Shields), filed an incidental action seeking indemnity and/or contribution from Joseph Caldarera (Caldarera), a co-defendant in the original action, following Shields’s payment of $30,000.00 to plaintiffs. In the original action, filed in 1989, original plaintiff, Investors Bank & Trust,1 sued Shields and Caldarera on an obligation for a promissory note guaranteed by Shields and Caldarera, among others.2 On the promissory note’s indebtedness, judgment was rendered against Shields on January 25, 1993, and against Caldarera on June 30, 1997. The 1997 judgment declared that Caldarera and Shields were liable in solido. Caldarera moved for a new trial, which was granted.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1029
Full Opinion [pdf]
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GLORIA MORRIS VERSUS
WESTSIDE TRANSIT LINE AND/OR AMERICAN TRANSIT CORP.
This is an appeal from a judgment of the trial court granting defendants’ exceptions of prescription. For the reasons stated herein, we affirm.
Facts and Procedural History
Plaintiff, Gloria Morris, injured her left leg on July 22, 1998 when she fell at a bus stop
on Lapalco Blvd. in Jefferson Parish. She filed the instant suit for damages on September 14,
1998 against Westside Transit Line and American Transit Corporation, alleging that the bus stop
was under the care, custody and control of defendants. On December 2, 1998, ATC/Vancom
Management Services Limited Partnership (“ATC/Vancom”) filed an answer to this petition,
stating that plaintiff had improperly named them as Westside Transit Line and American Transit
Corporation.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1049
Full Opinion [pdf]
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ELAINE DOUCET, ET AL VERSUS
HUFFINE ROOFING AND CONSTRUCTION, ET AL
This is an appeal from a grant of a defense motion for summary judgment. The issue on appeal is whether a policy of liability insurance issued by State Farm Insurance Company to its insured, Plateo & Silcio Architects (Plateo & Silcio), applies to the negligence of the insured in this case.
This matter began as a class action suit by certain plaintiffs who allege they sustained injuries due to exposure to toxic fumes at L.W. Higgins High School during the repair and replacement of the building roof.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 02-CA-1080
Full Opinion [pdf]
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SANDRA CHRISTIANA VERSUS
DR. STEPHEN SUDDERTH and EAST JEFFERSON GENERAL HOSPITAL FOUNDATION d/b/a EAST JEFFERSON GENERAL HOSPITAL
Plaintiff appeals the granting of a summary judgment that dismissed one of the defendants in this medical malpractice suit. We reverse and remand. On September 11, 1997 Sandra Christiana underwent surgery for removal of a twisted section of bowel. The surgery was performed by Dr. Stephen Sudderth at East Jefferson General Hospital (hereafter “EJGH”). Dr. Sudderth removed the damaged section of bowel and joined the remaining ends by creation of a side-toside anastomosis (essentially, a bypass in the bowel). During this procedure Dr. Sudderth used two surgical staplers, a GIA stapler and a TA 55 stapler.1


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA, Torts and Personal Injury
Docket Number - 02-CA-1116
Full Opinion [pdf]
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ROGER NICKS VERSUS
AX REINFORCEMENT COMPANY and LOUISIANA WORKERS’ COMPENSATION CORPORATION
In this intentional tort suit, Plaintiff, Roger Nicks, appeals from a summary judgment granted in favor of Defendants, his employer, AX Reinforcement Company (AX), and its insurer, Louisiana Workers’ Compensation Corporation. For the reasons which follow, we affirm.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 02-CA-1104
Full Opinion [pdf]
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HENRIK A. LARSEN VERSUS
ANNA MERIA POLK
This is an appeal by Anna Meria Polk, the mother of a minor child, from a judgment 1) holding her in contempt for violating a previously issued judgment of child support and visitation, and 2) granting the petition of the Henrik Larson, the father, to grant him sole custody and relocate the child to Sugar Land, Texas, a suburb of Houston. For the following reasons, we affirm that judgment.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations
Docket Number - 02-CA-1129
Full Opinion [pdf]
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BYRON T. DASPIT VERSUS
LARRY A. TALBERT D/B/A PROGIX OR PROGIX, INC.
On July 26, 2000, Byron T. Daspit (“Daspit”) executed a written lease for commercial property located at 2240 Piedmont St., Suite A, Kenner, Louisiana. The lease lists Daspit as lessor and PROGIX as lessee. The lease was signed by Daspit as lessor and Larry A. Talbert (“Talbert”) as lessee. The lease expired on July 25, 2001. After the expiration of the lease, the business remained in the premises and paid rent on a month to month basis until December 26, 2001. The business continued to occupy the premises but did not pay rent for December 2001 through May 2002. Daspit sent written notices to Talbert regarding the violations of the lease agreement.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1127
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS RUBIN BELL
The St. James Parish Grand Jury returned an indictment charging defendant, Rubin Bell, with first degree murder of Keith Williams which occurred on April 6, 2000, LSA-R.S. 14:30. The state subsequently amended the indictment to charge defendant with second degree murder, a violation of LSA-R.S. 14:30.1. This matter proceeded to trial before a twelve person jury which found defendant guilty as charged. The trial judge, after listening to victim impact statements and reviewing a pre-sentence report, sentenced defendant to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence.
In his first assigned error, defendant argues that the trial court erred in denying his motion for mistrial when the state solicited testimony from a witness about defendant’s involvement in an unrelated crime. In his second assigned error, defendant contends that he was denied effective assistance of counsel.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-908
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
TERRENCE J. JONES
Defendant, Terrence J. Jones, appeals his conviction by a jury of second degree murder in violation of LSA-R.S. 14:30.1. On appeal, he makes the following Assignments of Error:
1. It was reversible error to permit the State to introduce to the jury the multiple out-of-court statements by James Artberry, the sole eye-witness to the shooting.
2. The trial court improperly restricted appellant’s crossexamination of a key State witness.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1008
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
JOHN DAVIS
On June 7, 2000, the Jefferson Parish District Attorney filed a bill of information charging defendant, John Davis, with possession of cocaine, in violation of La. R.S. 40:967C. Defendant was arraigned on June 9, 2000, and pled not guilty. On December 15, 2000, the trial court heard and denied defendant’s motion to suppress evidence. That same day, trial commenced. Also that day, the six-person jury found the defendant guilty as charged.
On April 20, 2001, defendant filed a motion to quash the habitual offender bill of information, which the trial judge heard and denied on June 1, 2001. That same day, the trial court held the habitual offender hearing and found that defendant is a third felony offender. The trial judge then vacated defendant’s original sentence and imposed an enhanced sentence of 20 years at hard labor, Because the trial judge deviated from the life sentence, which is the minimum mandatory sentence, required by the Habitual Offender Law, the State objected to the sentence as illegally lenient.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1009
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
KAREN TERRASE
The Defendant, Karen Terrase, appeals from her conviction of theft of over $500 and sentence as a habitual offender to five years imprisonment at hard labor. We conditionally affirm the conviction and finding as a second felony offender, vacate the enhanced sentence, and remand for evidentiary hearing, re-sentencing, amendment of commitments and notice.
Based on the foregoing, we will remand for an evidentiary hearing on the question of whether the Defendant in this case validly waived her right to a jury trial. If she did not, the trial judge must set aside the conviction and sentence. If she did, then the trial judge should rule that she did and this Court affirms the conviction and enhanced sentence. In this last instance, we reserve the Defendant’s right to appeal the adverse ruling of the waiver issued.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1016
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS
DAIMON WILLIAMS
In this case, defense counsel argued that defendant was on suicide watch, was taking Thorazine, had disciplinary problems, and had been “locked down.” He failed, however, to introduce evidence in support of these allegations. He did not subpoena or call witnesses to testify regarding defendant’s alleged incompetency and he failed to introduce medical records to support his contentions. Based on the foregoing, we find, as in Washington, that the trial court did not err in denying defendant’s motion to appoint a sanity commission. Accordingly, this assignment of error lacks merit.
In this case, the prosecutor's remarks during rebuttal closing argument were not a reference to another crime by defendant. It is important to remember that defense counsel’s main argument against convicting defendant of cocaine possession was that Michael Williams, defendant’s nephew, testified at trial that the drugs belonged to him. During rebuttal, the prosecutor was arguing that Michael Williams admitted the drugs belonged to him in order to protect his uncle.


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Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1047
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS MATT W. SCHIEFFLER
At issue in defendant’s second appeal is whether defendant’s sentence was excessive and whether the trial court erred in denying his motion to reconsider the sentence. He contends that the trial court did not adequately consider the factors set forth in La. Code Cr. P. art. 894.1, when imposing the maximum sentence.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1048
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS BRAD HARRIS
In brief to this Court, defendant asserts the trial court erred in denying his Motion to Reconsider Sentence and in imposing the maximum sentence of fifty
years. The Eighth Amendment to the United States Constitution and Article I, Section 20 of the Louisiana Constitution prohibit the imposition of excessive punishment.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1051
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS RAYMOND BROOKS, JR. (SENThis is defendant’s second appeal in this Court. On January 29, 2002, this Court affirmed defendant’s conviction for possession of cocaine, but vacated his enhanced life sentence as a third felony offender and remanded for a rehearing of the multiple offender proceeding. State v. Brooks, 01-864 (La. App. 5 Cir. 1/29/02), 807 So.2d 1090.TENCED AS “RAYMOND J. BROOKS”)

***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1063
Full Opinion [pdf]
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STATE OF LOUISIANA VERSUS TROY TAYLOR
On April 16, 2001, a St. John Parish grand jury indicted the defendant, Troy Taylor, for the second degree kidnapping and attempted second degree murder of Secondra Johnson, in violation of LSA-R.S. 14:44.1 and 14:27:30.1. The defendant was arraigned on May 2, 2001 and entered a plea of not guilty. On May 21, 2001, the defendant filed a motion for mental examination and appointment of sanity commission, which was granted. After being evaluated by the courtappointed doctors, the defendant was found competent to stand trial on June 27, 2001.
Based on the foregoing, we find that the defendant was not prejudiced by defense counsel’s failure to file a motion to suppress, because even if the defendant’s statement had been suppressed, it is doubtful that it would have changed the outcome of the trial.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1067
http://www.lsba.org/opinions/5thCourt_Files/02ka1067.pdf
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STATE OF LOUISIANA
VERSUS MARIO A. MARSHALL
Defendant, Mario A. Marshall, appeals his conviction of possession of cocaine with intent to distribute. On appeal, he assigns four errors:
1. The State did not prove beyond a reasonable doubt that appellant possessed the cocaine that was found at 3401 Edenborn Ave., Apt. 304, Metairie, Louisiana.
2. The State further did not prove beyond a reasonable doubt that the Appellant intended to distribute the cocaine found at said apartment.
3. The trial court committed reversible error by admitting evidence of other crimes pursuant to L.S.A.C.E. 404.
4. The trial court gave appellant an excessive sentence.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1068
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS SILAS ANTOINE
Here, the trial judge specifically found the prosecutor was in good faith when she referred to Stephen Roy’s testimony in her opening statement. The trial court’s determination regarding the good faith of the prosecutor is entitled to great weight. On appeal, we will not disturb that finding absent abuse of discretion.


***************************************************

Date - 2/25/03
Court Docket - 5th Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 02-KA-1087
Full Opinion [pdf]
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STATE OF LOUISIANA
VERSUS PAUL C. LOKEY
The Defendant, Paul C. Lokey, appeals from the sentence after conviction of one count of driving while intoxicated (DWI), fourth offense. We conditionally affirm the conviction, vacate the sentence and remand for evidentiary hearing and resentencing, if appropriate. On appeal, the Defendant does not challenge his conviction, but only claims that his ten-year sentence is illegal based on the 2001 amendment to La.R.S. 14:98E(1)(a) and State v. Mayeux, 01-3195 (La.6/21/02), 820 So.2d 526. He is correct. The State also agrees that the sentence is illegal.


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Posted by AJR at 09:52 PM


LA Attorney General Opinions

Summaries of Attorney General opinions released from March 10 through March 14 are provided compliments of the the Louisiana Attorney General's Office. Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

#02-0283A
Addresses issues concerning the statutory authority of LASFAC in promulgating rules implementing the Tuition Opportunity Program for Students (TOPS). (Whitney)
Op to Mr. Jack L. Guinn, Office of Student Financial Assistance, Baton Rouge, LA
Date Released: March 12, 2003

#03-0065
Funeral homes which offer refrigeration services as an alternative to embalming may not hold a body, even if it is refrigerated, for more than thirty hours without embalming. (Pitman)
Op to Honorable Daniel T. Flavin, State Representative, Lake Charles, LA
Date Released: March 14, 2003

#03-0090
According to the General Records Retention Schedule for the clerk of court, set by the Archives & Records Management Department of the Secretary of State, traffic summons shall be held for three years from the date of issuance, and DWI records shall be held for ten years from their date of issuance. (Braud)
Op to Maurice B. Friedman, Judicial Administrator’s Office, New Orleans, LA
Date Released: March 14, 2003

#03-0050
A constable who does not perform his duties at the direction of the Justice of the Peace can be reported to the District Attorney for possible malfeasance. (Rutledge)
Op to Mr. A.J. Montalbano, Justice of the Peace, Lacombe, LA
Date Released: March 14, 2003

#03-0028
La. Const. (1974) Art. 7, '14(B)(2) expressly authorizes contributions of public funds to pension and insurance programs for the benefit of public employees; therefore, contributing public funds for this purpose does not violate La. Const. (1974) Art. 7, '14. (Halligan)
Op to Mr. Robert J. Clouatre, Ascension Parish School Board, Donaldsonville, LA
Date Released: March 14, 2003

#03-0035
Discrimination on the basis of familial status in the sale or rental of housing is unlawful
unless it may designated housing for older persons. (Rutledge)
Op to Hon. Jennifer Sneed, State Representative, District 81, Metairie, LA
Date Released: March 14, 2003

#03-0007
Citations for violations under La. R.S. 56:326 F (1) should be given when the dealer timely provides the required information and the enforcement officer’s investigation produces probable cause to believe that the dealer’s information is false or not in conformity with La. R.S. 56:326 F (2). Further, boiled crabs should not be checked for violations of this statute. (Perry)
Op to Mr. Jerald Horst, Louisiana Seafood Industry Advisory Board, Metairie, Louisiana Date Released: March 14, 2003

#03-0066
There is no violation of dual officeholding then both positions are held in the executive
branch of government and one is full-time but the other is part-time. (Rutledge)
Op to Ms. Susan S. Pellegrin, Department of Transportation, Baton Rouge, LA
Date Released: March 14, 2003

#03-0032
There are three separate and independent school districts within East Baton Rouge ParishCviz., the East Baton Rouge Parish School District, the City of Baker School District, and the City of Zachary School DistrictCthe territorial area of each of which is mutually exclusive of the others. Likewise, it is our opinion that each of these three school districts has its own EFI District, whose territorial boundaries are coterminous with its school district. When any of these EFI Districts submits a tax proposal to the voters, only the voters of that particular EFI DistrictCand not any of the voters of the other two EFI DistrictsCmay vote on the tax proposal. Of course, if any EFI District=s tax proposal receives the approval of its voters, its tax proposal will become effective only within its own EFI District but will have no effect in either of the other two EFI Districts. (Halligan)
Op to Mr. Clayton M. Wilcox, E.B.R. Parish School District, Baton Rouge, LA
Date Released: March 14, 2003

Posted by AJR at 09:19 PM


State Representative Wants to Legalize Scalping

The Advocate reports that State Representative William Daniel has filed House Bill 316 - a bill that proposes to strike down the law that prohibits scalping tickets in Louisiana. Additionally, the proposed law would allow vendors and promoters to limit the number of tickets sold to any single person or group.

Anyone interested in other examples of such important legislation, or any type of Louisiana legislation for that matter, should check out Louisiana Legal's new site. It promises to bring the latest news from the Louisiana Legislature and to follow pre-filed, pending and passed legislation (with links to the original legislation) accompanied by summaries and commentary.

Posted by AJR at 10:39 AM


Fort Polk Horses to be Rounded Up

The United States Fifth Circuit affirmed the dismissal of an animal-rights group's lawsuit that was intended to bar the proposed roundup of horses running free on Fort Polk in the Kisatchie National Forest, reportsThe Advocate. The decision upheld the determination of District Judge A.J. McNamara who held that the horses were not "wild" and therefore protected by the Wild Free-Roaming Horses and Burros Act of 1971.

Posted by AJR at 10:27 AM


Tracking the Serial Killer and Probable Cause

The Advocatereports that some Baton Rouge defense lawyers may contest the manner in which the serial killer task force has collected DNA samples from suspects. "I had the impression they were going down the usual suspect list," said Frank Holthaus, an attorney who had three clients tested. "There was no real probable cause in either case. None." "Baton Rouge police, the lead agency for the task force, say the methods they've used are legal and have been cleared with legal counsel for the department."

Posted by AJR at 10:21 AM

March 17, 2003



A Few Articles from the Sunday Advocate

The Advocate had two interesting articles in Sunday's paper. The first article reports on the legal fees associated with the East Baton Rouge Parish school system desegregation case. The system has spent $600,000 so far this year and has paid roughly $7.5 million to lawyers, consultants and court monitors since the 1995-1996 fiscal year, when the School Board entered into an agreement, or consent decree, with the plaintiffs in the case."

The second article provides an overview of the first eighteen months of David Dugas', the United States Attorney for the Middle District of Louisiana, appointment in Baton Rouge.

Posted by AJR at 09:06 PM


Casino and State Nearing Agreement

The Advertiserreports that the Horseshoe Casino is very close to settling charges of unconventional business practices with the State Gaming Control Board. If an agreement is reached it would allow the casino to obtain an unconditional five-year renewal of its gaming license.

Posted by AJR at 08:32 AM


Committee Attorney Barred from Scheduled Prison Tours

David Utter, an attorney and executive director of the Juvenile Justice Project of Louisiana, is crying foul after state officials have barred him from taking prison tours with the Juvenile Justice Commission advisory committee, reportsThe Advocate. "Corrections officials said they yanked Utter's invitation because he is one of the plaintiff attorneys in civil-rights lawsuits against the state over prison conditions."

Posted by AJR at 08:27 AM

March 14, 2003



NOLA to Appeal $200 Million Ruling

The City of New Orleans was ordered by CDC Judge Ronald Belsome to pay over $200 million in backpay and pension to about 1,500 NOLA firefighters or their heirs. Mayor Nagin issued a written statement that "they city cannot afford to be saddled with" the judgment and that it will be appealed, reportsThe Times-Picayune.

Posted by AJR at 08:13 AM


Jefferson Courthouse Case Racks up Guilty Pleas

The Times-Picayunereports that Federal authorities have secured another guilty plea and another witness in their investigation of corruption at the Jefferson Parish Courthouse. In the most recent case, former Sheriff's Lt. Guy Crosby pleaded guilty to funneling information from a restricted computer to a bail bondsman. "Crosby joins Slidell mechanic Curley Chewning and Bryan White, restaurateur Al Copeland's top corporate attorney, in confessing to crimes and agreeing to cooperate in the investigation."

Former District Judge Ronald Bodenheimer still maintains his innocence and won a small victory yesterday when the State Board of Ethics reversed course and said that he could use campaign funds for his defense, reportsThe Times-Picayne.

Posted by AJR at 08:07 AM


Judges Honored

Members of the Lincoln and Union Parish Bar Associations said thank-you to former Ad Hoc Third JDC Judge James Brodie and to Justice Chet Traylor for appointing him, reportsThe News-Star. Boddie, now a Lincoln Parish resident, said he "absolutely" enjoyed his almost six-year temporary stay on the 3rd District bench.

Posted by AJR at 07:59 AM


LA Supreme Court Going on the Road

The News-Starreports that the Louisiana Supreme Court will be taking its show on the road around the state. Specifically, on April 7, the court will hear arguments at ULM.

Posted by AJR at 07:55 AM

Раздался сигнал, после которого надо было оставить сообщение. - Привет, это Дэвид.  - Он замолчал, не зная, что сказать. Беккер терпеть не мог говорить с автоответчиком: только задумаешься, а тот уже отключился.

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