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State Courts -
Louisiana - January 24, 2007
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La. Safety Ass'n of Timbermen Self Insurers Fund v. Dani's Catfish & Steak House, Inc., No. 41,809-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: In a dispute over insurance premiums, an application submitted by an employer to a self-insurance fund was admissible under La. Code Evid. Ann. art. 801(D)(2) because it showed an employer's own statement of the parties' relationship and contract; moreover, an audit was admissible under La. Code Evid. Ann. art. 803(6).
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Robinson v. Flowers, No. 41,798-CA, No. 41,799-CA, No. 41,800-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: As court made virtually no fact findings, its allocation of 100% of fault for rear-end collision to following driver was based on misapplication of rear-end collision presumption of La. Rev. Stat. Ann. § 32:81 and not on court's view of facts and, after de novo review, judgment was rendered that leading driver's action contributed to the accident.
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State v. Hughes, NO. 2004-KA-1797,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: Because a manslaughter victim was not under the age of 10, defendant was improperly sentenced under La. Rev. Stat. Ann. § 14:31(B) without benefits of parole, probation, or suspension of sentence. Further, a preserved issue of excessive sentence could not be reviewed where the appellate record did not include a sentencing transcript.
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State v. Jenkins, No. 41,281-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Defendant's conviction for possession of cocaine with intent to distribute, in violation of La. Rev. Stat. Ann. § 40:967, was reversed because of double jeopardy as every element of that count was included in count three, possession of a firearm while in possession of a controlled dangerous substance, in violation of La. Rev. Stat. Ann. § 14:95(E).
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