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| State v. Nions, NO. 2006-KA-1374,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 7, 2007, Decided
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Overview: Defendant was properly convicted of distributing cocaine under La. Rev. Stat. Ann. § 40:967(A) because his entrapment defense was meritless where defendant approached an undercover detective's vehicle and sold her drugs. It did not matter that the detective signalled defendant first because he was predisposed to sell narcotics.
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| State v. Triplett, NO. 2006-K-1508,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 7, 2007, Decided
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Overview: Trial court properly denied defendant's motion to correct illegal sentence under La. Rev. Stat. Ann. § 15:308, as amended by 2006 La. Acts 45, because exclusive remedy for relief was before Louisiana Risk Review Board, not district court, because offender was seeking commutation of sentence, which fell exclusively to executive branch of government.
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| Succession of Bijeaux, 06-1256,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Under the authority of La. Code Civ. Proc. Ann. arts. 3181 and 3182, the trial court properly removed the niece as the representative of the decedent's estate given her failure to file the oath of office and furnish an accounting, and the evidence that she wrote and signed numerous checks made out to "cash" on the decedent's accounts.
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| Succession of Bijeaux v. Broyles, 06-1172,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Pursuant to La. Code Civ. Proc. Ann. art. 930 court did not err in overruling investment company's exception of prematurity in suit brought by a succession as company failed to prove existence of a valid, enforceable arbitration agreement; the motion was denied solely on basis of counsel's failure to introduce the client agreements into evidence.
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| Thierry v. State through Dep't of Health & Hosps., 06-1133,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 40:1299.47(H) trial court had not erred in admitting the affidavit of a medical review panel member but, pursuant to La. Rev. Stat. Ann. § 9:2794 patient failed to present factual support to establish that she could prove that she suffered damage caused by the one-day delay in her reporting to the emergency room.
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| Touchet v. Hampton, 06-1120,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Court erred in granting involuntary dismissal of battery suit filed by former employee against former employer as neither employee's threatening messages nor his allegedly yelling an obscenity at employer immediately before he was struck justified employer's physical attack and witnesses testified employee made no threatening moves toward employer.
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| Trahan v. Acadia Parish Sheriff's Office, 06-1136,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Trial court did not err in finding a claimant was not entitled to workers' compensation payments for her injuries because she was a deputy sheriff and, as such, was exempt from workers' compensation coverage pursuant to La. Rev. Stat. Ann. § 23:1034 and doctrine of equitable estoppel was inapplicable because § 23:1034 was "positive written law."
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| Waddles v. LaCour, CA 06-1245,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Fact home was constructed around preexisting mobile home was information buyer should have been made aware of by real estate agent pursuant to La. Rev. Stat. Ann. § 9:3897(A)(2) and court did not err in awarding buyer mental anguish damages but erred in reducing price of house by 25% as there was no evidence that sales price was not a proper value.
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| Wright v. St. Landry Pub. Hous. Corp., CA 06-1241,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Decided
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Overview: Parents brought a wrongful death suit against housing project; however, housing project's exception of prescription was properly granted because pursuant to La. Rev. Stat. Ann. § 13:850(C), parents' facsimile filing had no effect because required documents were not filed within five days.
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