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| State v. Ware, 05-1451,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: Evidence was insufficient to sustain defendant's conviction for forcible rape, pursuant to La. Rev. Stat. Ann. § 14:42.1, where the victim's testimony conflicted with the overwhelming physical evidence, the testimony of the investigating officers, and the testimony of the victim's ten-year-old son.
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| State v. Wynne, No. 40,921-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Defendant's conviction and sentenced for simple burglary in violation of La. Rev. Stat. Ann. § 14:62 were both proper where there was nothing in the record indicating that either the State or the trial court reneged on its agreement with defendant or that his guilty plea was otherwise involuntary.
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| Townsend v. Trs. of La. College, 05-1283,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: In a suit against college trustees challenging the election of a new college president, the trial court did not abuse its discretion in accepting a witness as an expert under La. Code Evid. Ann. art. 702 in the field of parliamentary procedure as he was present at the meetings and had professional experience in the field of parliamentary procedure.
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| Ware v. Mitchell, 05-1289,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: Workers' compensation judge erred by awarding "future attorney fees" to a claimant's attorney based upon the expectation of additional difficulties arising due to the fact that the employer was unrepresented; there was no legal authority to support the award, and such an award would undermine an unrepresented litigant's right to access the courts.
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| Washington v. State, No. 40,878-CW,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In an employee's suit against the department of social services for injuries sustained when she tried to break up a fight between to children in state custody, the department's exception of no cause of action should have been granted as it could not be vicariously liable to the employee under La. Civ. Code Ann. arts. 2317-2320.
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| Wilcox v. Gamble Guest Care Corp., No. 40,650-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Damages of $ 75,000 awarded to two sons on a wrongful death claim and $ 45,000 and $ 25,000 respectively on a survival claim was not abuse of discretion; mother's schizophrenia had rendered her completely incoherent at times, she was 83 and had only months to live, and she would have suffered very little when she suffocated while in a nursing home.
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| Wills v. Nat'l Auto. Ins. , No. 41,034-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In concursus proceeding, court erred in ordering attorney's fees and other liens paid from proceeds; several health care entities that were never cited and served received award, they had not proved their right to proceeds, and on remand, negligent driver's insurer had to implead all parties having La. Rev. Stat. Ann. § 9:4751 et seq., privilege.
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| Winston v. Millaud, NO. 2005-CA-0338,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: Because all parties conceded that no one was a resident of the State of Tennessee at the time of the filing of the proceeding to set child support or anytime thereafter, Tennessee did not have exclusive continuing jurisdiction. Thus, the Tennessee Juvenile Court lacked statutory authority to enter the child support order under 28 U.S.C.S. § 1738B.
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