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   State Courts - Louisiana - January 16, 2007

  
Ackel v. Ackel, NO. 06-CA-646, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: A former husband was properly found in contempt of court for failing to make spousal support payments where a hearing officer's recommendation was signed by a trial court judge as an interim judgment; moreover, La. 24th Jud. Dist. Ct. R. 35.0 and La. 24th Jud. Dist. Ct. R. 35.5 did not improperly modify La. Rev. Stat. Ann. § 46:236.5.

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Boeshans v. PetsMart, Inc., NO. 06-CA-606, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Summary judgment was properly awarded to a store in husband and wife's slip-and-fall negligence action where husband and wife did not meet their burden of proof under La. Rev. Stat. Ann. § 9:2800.6(B)(2) that the store had actual or constructive notice prior to the wife's fall that floor was wet. The wife admitted that she saw nothing on the floor.

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First Bank & Trust v. N & S Specialties, Inc., NO. 06-CA-618, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Summary judgment was improperly granted to a guarantor in a dispute over a promissory note because there was an issue of fact as to whether a disbursement request was a second loan that novated an original loan and there was also an issue regarding whether the guarantor properly cancelled his obligation by an oral notification.

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Kearney v. Lee Med. Int'l, Inc., NO. 06-CA-597, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Employer was required to pay an employee a contractual performance bonus because it was interpreted under La. Civ. Code Ann. art. 2046 to mean that repayment was required only if the employee left voluntarily in two years; the bonus fell under La. Rev. Stat. Ann. § 23:631 since it was more than a one time event, so attorney's fees were awarded.

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Morgan v. La. DOT & Dev., NO. 06-CA-615, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Judge was not clearly wrong in finding defendant's expert's diagnosis more credible than injured parties' experts; inter alia, defendant's orthopedic surgeon conducted independent medical examination of one injured party and found although her neck and lower back injuries were probably caused by accident he did not believe injuries were permanent.

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State v. Collins, NO. 06-KA-575, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Defendant was charged with attempted armed robbery, attempted second degree murder, and distribution of cocaine under La. Rev. Stat. Ann. § 40:967A. Motion to withdraw guilty plea should have been granted because if appellate court was unable to determine to what offense guilty plea was entered, guilty plea was not voluntary and knowing.

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State v. Delaune, NO. 06-KA-682, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Trial court did not err in denying defendant's motion for a mistrial, La. Code Crim. Proc. Ann. art. 775, because (1) there was no conflict of interest as victim was not and had never been defense counsel's client; (2) counsel ably cross-examined all of State's witnesses; and (3) counsel's cross-examination of victim was thorough and proficient.

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State v. Dixon, NO. 06-KA-438, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Where defendant's motion to reconsider a sentence was denied based on his assertion that a lower sentence was agreed upon, there was no error in failing to hold a hearing on the motion, a remand for such a hearing was not necessary under La. Code Crim. Proc. Ann. art. 881.4C, and no appeal was allowed since the sentence conformed to the plea.

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State v. King, NO. 06-KA-554, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of manslaughter, La. Rev. Stat. Ann. 14:31, as (1) co-defendant testified that when victim tried to give back the drugs, defendant pulled out a gun; (2) a shot was fired; (3) victim died; and (4) jury found co-defendant's and the other State witnesses' testimony more credible than the defense witnesses.

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State v. Price, NO. 06-KA-440, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 16, 2007, Decided
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Overview: Defendant's sentence for armed robbery committed with firearm was vacated and case was remanded for resentencing with presence of counsel where he appeared at sentencing without counsel and was not questioned to determine if he knowingly and intelligently waived right to counsel; he had right to counsel at sentencing under La. Const. art. I, § 13.

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