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| Lawrence v. City of Shreveport, No. 41,825-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 31, 2007, Judgment Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 9:2800, court did not err in awarding damages to boat passenger who injured her knee after falling into a hole caused by lake water erosion at edge of concrete dock owned by city because, inter alia, erosion and sink holes along edge of concrete dock site posed an unreasonable risk of harm and city knew of problem.
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| Ramos v. Tulane Univ., NO. 2006-CA-0487,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Contract between university and contractor explicitly recognized university was statutory employer of contractor's employees and as contractor's employee, injured while working in university library, failed to rebut La. Rev. Stat. Ann. § 23:1061(A)(3) presumption he was statutory employee, his exclusive remedy was under workers' compensation act.
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| Scott v. Dep't of Police, NO. 2006-CA-0956,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: City civil service commission properly granted the City's motion for summary judgment dismissing a police officer's appeal from her termination from the police department as the officer had not completed her probationary period when terminated and thus, had no right of appeal under New Orleans, La., Civ. Serv. Comm'n R. 2, § 4.1.
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| State v. Dupree, NO. 41,658-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 31, 2007, Judgment Rendered
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Overview: Defendant was competent to stand trial, La. Code Crim. Proc. Ann. art. 641, because, although a doctor felt he might experience difficulty with cross-examination, she did not feel that he could not testify, and the court denied a fourth sanity commission, citing defendant's compliance with medication, lucid appearance, and appropriate responses.
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| State v. Semien, 06-841,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 31, 2007, Opinion Rendered
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Overview: Defendant's 12-year sentence for distribution of cocaine, La. Rev. Stat. Ann. § 40:967, was not excessive under Eighth Amendment and La. Const. art. I, § 20 because (1) although he was a first time felony offender, he had been arrested in mean time for aggravated assault; (2) he was in need of correctional treatment; and (3) there was no remorse.
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| State v. Stevens, 06-818,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 31, 2007, Opinion Rendered
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Overview: Nothing in La. Code Crim. Proc. Ann. art. 895.1 prohibited a trial court from seeking assistance from outside sources, including probation and parole offices, in formulating a proper payment plan for fines, restitution, and costs charged to defendant convicted of simple robbery; thus, a prior contrary decision of State v. Brack was overruled.
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| State v. Stevenson, NO. 2006-KA-1094,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Trial court abused its discretion in granting defendant's motion to quash the bill of information charging him with possession of cocaine as the State had two years after institution of prosecution to bring defendant to trial under La. Code Crim. Proc. Ann. art. 578, and it did so within six months, and defendant was not prejudiced by the delay.
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| State v. Wallace, No. 41,837-KW, No. 41,838-KW (consolidated),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 31, 2007, Judgment Rendered , January 31, 2007, Filed
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Overview: In a drug case, officers had the authority to arrest defendant under La. Code Crim. Proc. Ann. art. 213 without a warrant since there was reasonable cause to believe that she committed the offense of resisting arrest; moreover, it was proper to arrest her inside of her residence because of exigent circumstances based on the smell of marijuana.
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| Town of Homer v. United Healthcare of La., Inc., No. 41,512-CW,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 31, 2007, Judgment Rendered
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Overview: A forum selection clause in a contract between a hospital and a health management organization was mandatory and enforceable where it stated that actions had to be filed in a certain venue; therefore, a trial court erred when it denied an exception of improper venue based on La. Rev. Stat. Ann. § 13:5104(B).
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