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| Robert S. Robertson, Ltd. v. State Farm Ins. Cos., NO. 05-CA-435,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Trial court exceeded its authority in determining how much an insurer owed to its insured under La. Rev. Stat. Ann. § 9:4211 when the insured replaced its roofs because the insurance policy was not introduced into evidence and the insurer failed to introduce its estimates of the costs of repair.
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| Rogers v. Wackenhut Servs., NO. 05-CA-459,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Denial of workers' compensation survivor benefits was affirmed because appellants were not living with the decedent at the time of his death and did not enjoy the conclusive presumption of dependency provided by La. Rev. Stat. Ann. § 23:1251, and appellants failed to prove by a preponderance that the decedent was providing them financial support.
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| State v. C.K., NO. 05-KA-475,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Juvenile court had not erred in removing juvenile from parents' custody and placing him in custody of OYS without first attempting in-home treatment and family preservation services; under La. Child. Code Ann. art. 901(C) it was least restrictive alternative, and there was clear evidence of undue risk he would commit another crime if at home.
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| State v. Hooker, NO. 05-KA-251,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Defendant's conviction for second-degree murder in violation of La. Rev. Stat. Ann. § 14:30.1 was proper along with the denial of his motion for a new trial pursuant to La. Code Crim. Proc. Ann. art. 851 because the testimony of the eyewitnesses corroborated one another.
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| State v. Joseph, NO. 05-KA-368,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Evidence was sufficient for conviction of La. Rev. Stat. Ann. § 14:68.4 unauthorized use of a motor vehicle; two officers testified they saw defendant exit driver's door of vehicle following a chase and vehicle stopping in a ditch, defendant attempted to flee, the steering column was broken and taped together, and there was a fake key in ignition.
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| State v. Mendez, NO. 05-KA-173,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: In a cocaine possession case, defendant's appeal from the denial of his motion for postconviction relief was remanded for further consideration as the record did not reflect that a hearing was conducted to determine whether or not defendant knowingly and intelligently elected to represent himself on appeal.
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| State v. Onstead, NO. 05-KA-410,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Defendant's conviction and sentence for molestation of a juvenile over whom he had supervision were vacated and the case was remanded for a new trial as the State failed to show that defendant knowingly and intelligently waived his right to a jury trial, as required by La. Code Crim. Proc. Ann. art. 780(A).
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| State v. Williams, NO. 05-KA-318,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: In defendant's trial for rape of juvenile, testimony of victim was very detailed, as was that of corroborating witness who testified defendant started having sex with her when she was 16, while she was a babysitter. Persuasiveness of testimony against defendant showed verdict was not attributable to other crimes evidence. Any error was harmless.
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| Trejos v. Greater Lakeside Corp., NO. 05-CA-483,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Default Judgment in favor of defendants was reversed because it was not shown at the default confirmation hearing that defendants' employees were aware of the liquid on the floor or if they were even in a position to observe the liquid on the floor prior to the claimant's fall.
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