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| Boykins v. Boykins, NO. 2004-CA-0999,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 24, 2007, Decided , April 24, 2007, Filed
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Overview: Trial court had not erred in not following provisions of La. Rev. Stat. Ann. § 9:2801 relative to partitioning of community property by excluding husband's sworn descriptive list as, inter alia, husband did not attempt to submit his sworn descriptive list into evidence until 3rd day of trial and wife's attorney had not seen list prior to that time.
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| Irula v. Jean, NO. 06-CA-927,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Summary judgment was improperly granted to a skating center and its surety in a personal injury case because there was a genuine issue of material fact remaining where witnesses testified that a boy who knocked a patron down had been skating wildly during the day, and complaints to management went unheeded.
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| Monson v. Travelers Prop. & Cas. Ins. Co., NO. 06-CA-921,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Summary judgment was properly awarded to store in customer's negligence suit because while holes created in grassy area where customer fell could give rise to level of unreasonable risk of harm under reasonable person standard, customer failed in her burden of proof under La. Civ. Code Ann. art. 2317.1 to show that store had any knowledge of holes.
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| Pittman v. State Farm Mut. Auto. Ins. Co., NO. 06-CA-920,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Summary judgment under La. Code Civ. Proc. Ann. art. 966 was improperly granted in a case alleging unfair trade practices, malicious prosecution, defamation, and detrimental reliance arising from the settlement of an allegedly fraudulent legal malpractice case where there was an outstanding motion to compel discovery.
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| Plummer v. Brown, 2005 CA 1059,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 24, 2007, Judgment Rendered
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Overview: An order holding that plaintiff had the right to seek collation on the ground that certain sales of immovable property by defendants' mother and deceased father were donations in disguise or sales for an inadequate price was upheld where the appellate court did not possess an adequate factual basis from which to determine the merits of the matter.
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| State v. Allen, NO. 06-KA-778,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Trial court did not err by denying defendant's motion to suppress his confession on the ground that his two requests for counsel were not honored by the police because defendant's statements that he thought he might want to speak to an attorney were ambiguous and therefore cessation of questioning was not required.
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| State v. Chisley, NO. 06-KA-900,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Defendant's 30 year habitual offender sentence for possession of cocaine, the mandatory minimum for defendant's offense, was affirmed because defendant failed to sustain his burden to rebut the presumption of constitutionality.
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| State v. Johnson, NO. 06-KA-935,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Defendant's conviction for unauthorized use of motor vehicle, in violation of La. Rev. Stat. Ann. § 14:68.4(A), was supported by the evidence where arresting officer unequivocally identified defendant as person who was sitting behind wheel of stolen car; there were no internal contradictions or irreconcilable conflicts with identification evidence.
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| State v. Nguyen, NO. 06-KA-969,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Thirty-year sentence imposed for attempted second degree murder was not unconstitutionally excessive under the Eighth Amendment and La. Const. art. I, § 20 because it was in the low end of the sentencing range applicable to La. Rev. Stat. Ann. §§ 14:27(D)(1), 14:30.1(B), and defendant had a prior conviction and juvenile adjudication.
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| State v. Nicholas, NO. 06-KA-903,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 24, 2007, Decided
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Overview: Defendant's motion to suppress evidence was properly denied where a man living at the home gave the officers consent to enter and the drugs that were seized were in the living room, the same room into which the officer was permitted to enter by the man and was discovered in plain view on a bookshelf.
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