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| Reed v. Am. Equity Ins. Co., 05-1298,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Summary judgment should not have been granted to several insureds in a dispute over motor vehicle coverage because there was a genuine issue of material fact as to whether an after-acquired vehicle was covered; an affidavit of ownership was accepted, but there was no information regarding the purchase date or a request for coverage.
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| Reeves v. Int'l Maint. Corp., 05-1149,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court erred in finding that an employee was not permanently and totally disabled as being physically able to try employment, as his doctor recommended, was not tantamount to being physically able to "engage in" employment for purposes of La. Rev. Stat. Ann. § 23:1221(2)(c).
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| Roberts v. Hartford Fire Ins. Co., 05-1178,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Judgment should have been entered for a store and its insurer in a negligence case arising from a fall in a puddle of water because, under La. Rev. Stat. Ann. § 9:2800.6, there was no proof that the puddle had been on the floor long enough that it would have been discovered through the exercise of ordinary care.
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| Rose v. Maison Deville Care Ctr., WCA 05-1307,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a workers' compensation dispute, workers' compensation judge did not manifestly err in awarding employee benefits, pursuant to La. Rev. Stat. Ann. § 23:1031, penalties and attorney fees because employer relied on unreliable diagnosis to attempt to refute employee's claim, and employee did not have to present evidence with mathematical precision.
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| Select Motor Co. v. Dep't of Pub. Safety & Corr., 05-1277,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In the office of motor vehicle's (OMV) challenge to the trial court's writ of mandamus ordering the OMV to register a vehicle in the name of a dealership's customer, the OMV's assertion of insufficiency of service and non-compliance with La. Code Civ. Proc. Ann. art. 1704(A) was without merit as this was not an ordinary proceeding.
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| State v. Francois, 05-1385,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Evidence supported defendant's conviction for attempted second-degree murder under La. Rev. Stat. Ann. §§ 14:27 and 14:30.1 where victim's testimony was corroborated, shell casings were found at scene, and defendant failed to establish sufficient provocation for attempted manslaughter. Also lack of transcript of mistrial did not require reversal.
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| State v. Gustave, NUMBER 2004 KA 2103,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 5, 2006, Judgment Rendered
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Overview: Defendant was found guilty of manslaughter, a violation of La. Rev. Stat. Ann. § 14:31. Trial court committed reversible error because it denied defense's challenge to potential juror for cause after potential juror continued to insist an innocent defendant would have to take stand, which indicated juror could not accept Fifth Amendment privileges.
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| State v. J.F., 05-1410,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Defendant's conviction of three counts of aggravated rape in violation of La. Rev. Stat. Ann. § 14:42 was supported by substantial evidence where the victim testified that defendant forced him to engage in sexual acts on three occasions and that defendant threatened the victim, his mother, and his brothers if he told anyone about the abuse.
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| State v. Moliere, NO. 2005-KA-0430,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: Although it did not appear that amendment of attempted second degree murder charge prejudiced defendant, minute entry notation did not definitively indicate that amendment occurred before trial began. Thus, under La. Code Crim. Proc. Ann. art. 487, his attempted second degree murder conviction, La. Rev. Stat. Ann. §§ 14:27, 14:30.1, was overturned.
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| State v. Valentine, NO. 2005-KA-0223,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: Where defendant claimed that the victim shot herself during a struggle with defendant, contrary to eyewitness testimony and the autopsy report, the trial court did not err in refusing to instruct the jury on the law of negligent homicide because the testimony was bereft of any evidence that defendant was negligent, much less grossly negligent.
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