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   State Courts - Louisiana - March 29, 2006

  
Richard v. Metro Bingo of Lafayette, Inc., CW 05-293 consolidated with 05-1304, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 29, 2006, Opinion Rendered
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Overview: Appellate court affirmed the grant of summary judgment in favor of an athletic association and its insurance company because the association's lease of the bingo facilities did not begin until after plaintiff had already been injured. Thus, there was also no coverage under the insurance company's policy.

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Richard v. Metro Bingo of Lafayette, Inc., 05-1304 consolidated with CW 05-293, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 29, 2006, Opinion Rendered
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State v. Allen, NO. 2005 KA 1622, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Inter alia, evidence was sufficient to have convicted defendant of second degree robbery, a violation of La. Rev. Stat. Ann. § 14:64.4; defendant dragged the victim out of the vehicle, demanded the victim's property, and forcefully removed the property from the victim while defendant's accomplices viciously beat victim to prevent his resistance.

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State v. Lewis, NO. 2005-KA-1220, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: The State's multiple bill was quashed in a rape case because a plea agreement precluded such; the State's error in the calculation of good time credit under La. Rev. Stat. Ann. § 15:571.3(D) did not vitiate consent because the agreement was made due to witness unavailability, and the prosecutor had not researched the law prior to the agreement.

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State v. Phillips, 2005 KA 1338, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Court did not err in denying defendant's motion for funding for psychiatric and psychological experts as, absent a change of plea from "not guilty" to "not guilty and not guilty by reason of insanity," motion was premature pursuant to La. Code Crim. Proc. Ann. arts. 561, 650, and 651, but court erred in denying request for funding for a DNA expert.

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State v. Walker, NO. 2005-KA-0875, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Defendant's conviction for driving while intoxicated under La. Rev. Stat. Ann. § 14:98 was supported by sufficient evidence as although videotape did not prove that defendant was intoxicated, tape did not contradict deputy's assertions in police report that defendant's car weaved over center line and that she smelled of alcohol and slurred words.

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Stewart v. Rheem Mfg. Co., CA 05-726, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 29, 2006, Opinion Rendered
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Overview: Home's occupants allegedly breathed polychlorinated biphenyls after air conditioner's capacitor ruptured. Federal Toxic Substances Control Act (TSCA) did not preempt suit against manufacturers under Louisiana Products Liability Act (LPLA) because TSCA did not provide means of avoiding this type of harm, while LPLA did govern the means to that end.

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Thomas v. State, NO. 2005-CA-0959, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Summary judgment dismissal of the mother's survival and wrongful death action was affirmed because the conclusory statement by the mother's expert concerning the nurse's alleged negligence did not constitute factual support sufficient to establish that the mother would be able to satisfy her evidentiary burden of proof at trial.

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White v. Robinson Lumber Co., NO. 2005-CA-0923, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Summary judgment was properly awarded to an employer and its insurer on claim for death benefits pursuant to La. Rev. Stat. Ann. § 23:1231 by parents of employee who died from pain medication after sustaining torn rotator cuff where settlement between employee and employer and its insurer precluded parents' claim for workers' compensation benefits.

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Williams v. Falcon, NO. 2005-CA-0804, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Although there was sufficient evidence in a wife's petition and affidavit to establish a prima facie case for divorce under La. Civ. Code Ann. art. 103(1), a trial court abused its discretion by deciding matters such as child custody, support, and a child tax deduction because there was no hearing in open court to acquire evidence and testimony.

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