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   State Courts - Louisiana - January 24, 2007

  
Kirkpatrick v. Kirkpatrick, No. 41,851-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Trial court acted within its discretion in fashioning interim spousal and child support, because there was no manifest error in the determination that the wife was voluntarily underemployed and was capable of finding employment, and there was no abuse of discretion in attributing income to the wife for calculating child support.

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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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Poole v. Poole, No. 41,960-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: An appeal from a custody order was dismissed under La. Code Civ. Proc. Ann. art. 2083 because it was an interim order that was interlocutory in nature; a final determination of custody was awaiting the mother's compliance, there was an absence of a full trial, and neither party was irreparably injured by the interim order.

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River Garden Apts. v. Horton, NO. 2006-CA-0540, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: Trial court properly granted an apartment complex management's request to evict a tenant as looted merchandise was discovered in her secured apartment following a hurricane, which was the type of criminal activity envisioned in the parties' lease and a violation of La. Rev. Stat. Ann. & 14:62.5.

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River Garden Apts. v. Horton, NO. 2006-CA-0541, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: Trial court properly granted the apartment complex management's request to evict a tenant as looted merchandise was discovered in her secured apartment following a hurricane, which was the type of criminal activity envisioned in the parties' lease and a violation of La. Rev. Stat. Ann. § 14:62.5.

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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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Smith v. Smith, No. 41,871-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Trial court did not err in declining the demand of father, who was serving thirty-year sentence for manslaughter, for prison visitation with his five-year-old daughter because it was not in her best interests under La. Civ. Code Ann. art. 136 and in accepting psychologist's recommendation that child's visiting prison was inappropriate at that time.

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State v. Coleman, No. 41,764-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Record supported prosecutor's belief that sixth black prospective juror that State struck was more predisposed to believing that innocent people were often convicted of crimes; thus, trial court did not abuse its discretion in finding that prosecution's explanation was race-neutral. Therefore, defendant's Batson equal protection challenge failed.

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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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