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| Johnson v. Misirci, NO. 2006-CA-1136,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: Finding that conflicting provisions regarding insurance coverage of liability assumed in an insured contract create ambiguity and that Landmark American Insurance Company did not arbitrarily refuse to provide a defense, we affirm.
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| Pena v. Delchamps, Inc., 2006 CA 0364,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: In a slip-and-fall case, plaintiff met her burden to prove that the damp floor upon which she fell presented an unreasonable risk of harm. La. Rev. Stat. Ann. § 9:2800.6, because an employee admitted just mopping the area where plaintiff fell, and plaintiff testified that she did not see any warnings or notice any mops or buckets in the area.
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| Richard v. Bd. of Supervisors, 2006 CA 0927,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Claimant showed actual injuries related directly to violation of her rights under § 1983 as (1) she was threatened with termination; (2) her employer reported her difficulties at peace officer basic training academy to other academies; and (3) she experienced mental and emotional problems as a result. Thus, she was entitled to $10,000 compensation.
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| State v. Dowden, No. 41,939-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Evidence was sufficient to sustain an armed robbery conviction, La. Rev. Stat. Ann. § 14:64, because the victim's testimony was clear that a shotgun was used in the commission of the crime, and that testimony was corroborated by a witness's testimony that the victim told her immediately after the robbery that he was robbed at gunpoint.
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| State v. Houston, No. 41,743-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Defendant's six-year prison sentence for attempted molestation of juvenile did not shock sense of justice and did not violate La. Const. art. 1, § 20 where he had substantial criminal record and had molested or attempted to molest his step-grandchildren; sentence was to run concurrently with his sentences for four counts of molestation of juvenile.
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| State v. Jones, No. 41,880-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Defendant's conviction for manslaughter was affirmed because the evidence showed that defendant fired into a vehicle which he knew was occupied, and defendant's sentence was not excessive, when the 20-year sentence was the minimum term provided by La. Code Crim. Proc. Ann. art. 893.3(E).
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| State v. White, No. 41,802-JAC,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: State's rule for child support from father was not abandoned, La. Code Civ. Proc. Ann. art. 561, as uninterrupted and unchallenged payment of child support obligation for over five years defeated abandonment, La. Civ. Code Ann. art. 3464. Mother was eligible to receive services under La. Rev. Stat. Ann. § 46:236.1.2 and State could initiate suit.
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| State v. Wilson, NO. 2006-KA-1421,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: While the victim testified that her relationship with defendant ended a few weeks before the first burglary, the evidence was sufficient to convict defendant of unauthorized entry of an inhabited dwelling under La. Rev. Stat. Ann. § 14:62.3 as he did not live in the residence and entered the victim's home early in the morning by breaking a window.
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| Terry v. Terry, CA 06-1406,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 28, 2007, Decided
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Overview: Court erred in denying wife's rule for final periodic spousal support where its ruling that she could have done more to alleviate husband's suspicions that she was having affair with coworker was not supported by record; husband did not argue, nor was there evidence that wife committed any listed activities in La. Civ. Code Ann. arts. 138 and 139.
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