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| Roy v. Hub City Paving Contrs., 05-831,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Dismissal of the claimant's suit for benefits arising from an accident allegedly sustained in the course and scope of his employment was affirmed because the judgment was neither "manifestly erroneous" or "clearly wrong," when the workers' compensation judge noted a major inconsistency between the claimant's deposition and trial testimonies.
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| Smith v. Alliance Compressors, 05-855,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: WCJ abused his discretion pursuant to La. Code Civ. Proc. Ann. art. 1973 in failing to grant a new trial to employee after awarding summary judgment to employer and terminating employee's benefits pursuant to La. Rev. Stat. Ann. § 23:1208E for fraud where WCJ did not give regard to injustice employee would suffer because of her lawyer's negligence.
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| Smith v. Municipality of Ferriday, 05-755, consolidated with 05-756,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Court correctly held exceptions in La. Rev. Stat. Ann. § 32:24 were inapplicable and police officer's actions were judged by due care standard, but it erred in finding officer and deceased driver were each 50% at fault for accident as, inter alia, officer knew he was driving more than twice speed limit without his siren and bar lights activated.
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| Stapleton v. Stapleton, 05-1035,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Court erred in assessing all court costs equally between the parties in a divorce action where the husband was granted the privilege of litigating his claim for divorce without paying costs of court, as allowed by La. Code Civ. Proc. Ann. art. 5181, the privilege was never revoked by the trial court, and the husband prevailed on his claim at trial.
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| State ex rel. J.W.D., 05-1135,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Judgment of adjudication was reversed and vacated because the State failed to prove that appellant juvenile was "ungovernable" in accordance with the Louisiana Children's Code, when a literal reading of the term "caretaker," as defined in the Louisiana Children's Code did not encompass school officials or personnel.
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| State v. Macon, NO. 2005-KA-0960,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: In an unauthorized use of a motor vehicle case, the trial court properly granted defendant a new trial under La. Code Crim. Proc. Ann. art. 851 as the State failed to present testimony showing who the owner of the vehicle was at the time defendant had it in his possession, the alleged victim or her insurance company who settled with the victim.
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| State v. Robertson, NO. 2005-KA-1214,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: In an unauthorized entry of a business case, the trial court did not err in adjudicating defendant as a second offender because La. Rev. Stat. Ann. § 15:529.1(F) did not require the State to certify an arrest register it introduced to prove defendant's identity as the person previously convicted in a prior case.
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| State v. Slaydon, KA 05-794,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: In a drug case, defendant's 90 day sentence of incarceration, as part of his probation, was proper, La. Const. art. I, § 20, where the sentence was at the low end of the sentencing range, defendant had a substance abuse problem, and incarceration was necessary to help defendant deal with that problem.
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| State v. Staton, 05-612,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: In addition to recorded telephone conversation, record showed defendant's accomplice arrived outside motel room within 15 minutes of informant's conversation with defendant and defendant then motioned to informant that his accomplice was going to complete drug transaction. Evidence sufficed to sustain defendant's conviction as a principal.
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| State v. Thomas, NO. 2005-KA-0558 CONSOLIDATED WITH: NO. 2005-KA-0559, NO. 2005-KA-0560,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: State's appeal from the trial court's denial of its motion for reconsideration of its determination that defendant did not have to register as a sex offender was dismissed for lack of jurisdiction as no timely motion for a new trial or timely motion for an appeal was filed.
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