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| Abrimson v. Ethel Kidd Real Estate, NO. 2004-CA-2085,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Rendered
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Overview: In an eviction action, the occupants' appearance in court was proof that they did receive their landlord's notice of eviction. The provision of La. Code Civ. Proc. Ann. art. 4703, which provided for notice by tacking, was not unconstitutional.
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| Brown v. Unknown Driver, NO. 2005-CA-0421,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided , January 18, 2006, Filed
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Overview: Appellate court reversed the judgment against a driver and her insurance company because there was no evidence that the driver's car was the one that struck an individual's car other than the license plate number that the individual and a witness wrote down.
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| Crane v. Larocca, NO. 2005-CA-0283,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: A finding against the Louisiana Patient's Compensation Fund in the patient's action pursuant to La. Rev. Stat. Ann. § 40:1299.44(C) was appropriate where, although a physician's testimony might have been overly zealous, any error was harmless and not in violation of La. Code Evid. Ann. art. 403 in light of the PCF's ability to rebut the evidence.
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| Hargrove v. Mo. Pac. R.R., CA 05-723,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 18, 2006, Decided
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Overview: Trial court did not err, when, on remand, it found that driver's claim for inadequate signage at railroad crossing was preempted by federal law; inter alia, documentary evidence regarding contracts for services unequivocally showed that federal funds in the amount of $ 314,000 were used on projects in Louisiana including crossing project at issue.
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| Jaramillo v. Lopez, NO. 2004-CA-2042,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: Where an injured party failed to show that he was in good health prior to a traffic accident, he was not entitled to an instruction on a presumption designed to help establish causation in a negligence case. Causation was not shown because those injuries not attributable to a preexisting condition could have been caused by a bumpy plane ride.
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| State v. Fomond, KA 05-540,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 18, 2006, Decided
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Overview: Sentence of four years at hard labor on each count of aggravated assault with a firearm, to run concurrently, was affirmed because defendant significantly reduced his exposure to confinement by entering into a plea bargain, and each count carried a term of imprisonment of not more than five years under La. Rev. Stat. Ann. § 14:37.4(C).
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| State v. Handy, NO. 2005-KA-0811,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: In a felon in possession of a firearm case, denial of defendant's motion to suppress was proper as the officer had reasonable suspicion to conduct an investigatory stop under La. Code Crim. Proc. Ann. art. 215.1 when defendant acted nervously, was bending over a lawn mower, and was in an area where several lawn mower burglaries had occurred.
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| State v. Howard, NO. 2005-KA-0809,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: In a possession of a dangerous weapon case, the trial court erred in quashing the bill of information as the fact that defendant was not informed in a prior conviction of the effect of his guilty plea on subsequent convictions did not impact the voluntariness of the plea.
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| State v. Rose, NO. 2005-KA-0396,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: Defendant was granted a new trial where his prior manslaughter conviction for killing his first wife was improperly admitted into evidence under La. Code Evid. Ann. art. 404B during his trial for murdering his second wife, as the homicides were not substantially similar because inter alia, the first wife was stabbed and the second was strangled.
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