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   State Courts - Louisiana - January 25 - January 26, 2007

  
Cannisnia Plantation, L.L.C. v. Am. Energy Holdings, L.L.C., No. 42,170-CA, No. 42,171-CA (Consolidated Cases), COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2007, Judgment Rendered
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Overview: Court abused its discretion in designating judgment as final and appealable and La. Code Civ. Proc. Ann. art. 1915(B) motion to dismiss appeal was granted; issue of effect of Executive Orders KBB-32, 48, and 67, on prescription of nonuse was intertwined with remaining issues whether appellants' operations were sufficient to interrupt prescription.

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Alex v. Rayne Concrete Serv., NOS. 2005-C-1457 C/W 2005-C-2344 C/W 2005-C-2520, SUPREME COURT OF LOUISIANA, January 26, 2007, Decided
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Overview: An intermediate appellate court was allowed to either review a Batson/Edmonson challenge in a civil case on supervisory writ application or on appeal as that practice was in line with the procedure utilized in criminal cases and was consistent with the practice regarding challenges for cause in civil cases and challenges in federal courts.

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In re Brown, NO. 06-B-2994, SUPREME COURT OF LOUISIANA, January 26, 2007, Decided
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In re Miller, No. 2006-O-2361, SUPREME COURT OF LOUISIANA, January 26, 2007, Decided
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Overview: Judiciary Commission of Louisiana's charge that a district judge violated a consent order that prohibited him from contacting his secretary or her daughter was proven by clear and convincing evidence because the judge admitting to mailing child support checks to his secretary.

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In re Spradling, NO. 06-B-1971, SUPREME COURT OF LOUISIANA, January 26, 2007, Decided
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Overview: Attorney was permanently disbarred for, inter alia, conversion of client funds and his submission of false evidence in disciplinary proceeding; hearing committee was not convinced alcohol abuse was major contributor to attorney's misconduct and disciplinary board accepted that finding, noting he engaged in misconduct even after he stopped drinking.

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State v. Dick, NO. 06-KP-2223 c/w NO. 06-KK-2226, SUPREME COURT OF LOUISIANA, January 26, 2007, Decided
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Overview: Under La. Rev. Stat. Ann. § 15:308C, defendants' exclusive remedy to reduce their mandatory sentences under La. Rev. Stat. Ann. § 40:966B(1) for heroin charges was before the Louisiana Risk Review Panel. Reduction of their final sentences was a commutation, which could only be done by the executive branch under La. Const. art. IV, § 5(E).

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