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   State Courts - Louisiana - March 8 - March 9, 2007

  
State v. Reynolds, NO: 41954-KW, consolidated with NO: 41955-KW and NO: 41956-KW, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2007, Judgment Rendered
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Overview: Where appellant was convicted of battery of a police officer, hit-and-run, and resisting arrest, the charges were not properly consolidated in a single bill of information under La. Code Crim. Proc. Ann. art. 493.1, which was the statutory method of avoiding a jury trial. The trial court erred by failing to advise him of his right to a jury trial.

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Fishbein v. State through LSU Health Scis. Ctr., NO. 2006 CA 0549, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 9, 2007, Judgment Rendered
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Overview: In a retired teacher's action against the university and the teachers' retirement system, the trial court's calculation of the amounts the university and the retirement system owed was proper as, under La. Rev. Stat. Ann. § 11:701(10), the teacher's supplemental salary should have been included as part of her earnable compensation.

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Hebert v. Hollier, No. 06-C-1077, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Overview: Tax redemption was valid upon payment of taxes by anyone for any reason and consequence was that inured to the benefit of the record title owner, the purchaser; this was keeping with relevant statute, La. Rev. Stat. Ann. § 47:2222. No person was prohibited from making payment for redemption of property sold at tax sale to party other than state.

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In re Martin, NO. 06-B-2948, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Overview: Attorney was suspended for two years for knowingly neglecting a client's bankruptcy matter, which caused harm to the client including costing him more than $ 3,000 in expenses to complete what appeared to have been relatively uncomplicated bankruptcy; in acting as he did, the attorney violated La. St. Bar art. XVI, R. 1.3, 1.4, 1.16(d), and 8.1(c).

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Rabalais v. Nash, NO. 2006-C-0999, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Overview: Court of appeal erred in reversing jury's finding that fire department was not liable for collision; Emergency Vehicle Statute, La. Rev. Stat. Ann. § 32:24, applied and fire department's pick-up truck was emergency vehicle as captain was responding to emergency when he traveled from fire to retrieve additional equipment to take back to fire scene.

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State v. Robert, No. 06-K-1872, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Overview: Defendant's habitual offender sentence under La. Rev. Stat. Ann. §§ 40:966(B)(3), 15:529.1(A)(1)(a) was reinstated because he made no showing below that he was the exceptional offender for whom a mandatory minimum penalty specified by the legislature is excessive as applied to him.

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W.R.M. v. H.C.V., NO. 06-CA-0702, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Wright v. La. Power & Light, NO. 06-C-1181, SUPREME COURT OF LOUISIANA, March 9, 2007, Decided
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Overview: Court of appeal erred in reversing summary judgment granted to car manufacturer in answer to family's action for nullity under La. Code Civ. Proc. Ann. art. 2004; manufacturer had no duty to supplement its correct original answer to a production request when it later found and obtained possession of car in 1999, 10 years after production request.

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