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| Plaisance v. Thibodeaux, NO. 05-CA-988,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: In a brother's false imprisonment claim against the City when his sister had him arrested for violating a TRO, denial of the brother's motion to amend under La. Code Civ. Proc. Ann. art. 934 was proper as the grounds for the City's objection to the petition could not be removed by amendment in that the sister was the sole cause of the arrest.
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| State v. Clay, NO. 06-KA-37,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Court erred in denying motion to suppress as officers did not have reasonable suspicion for investigatory stop and defendant's La. Rev. Stat. Ann. § 40:967C possession of cocaine conviction was reversed; anonymous tip had low degree of reliability, there was no description of perpetrator, and defendant's presence in high crime area was not enough.
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| State v. Hebert, NO. 05-KA-1004,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of attempted second degree murder, La. Rev. Stat. Ann. §§ 14:30.1, 14:27, because 1) victim testified that defendant stabbed him in his chest muscle through his rib cage; 2) victim thought defendant was trying to kill him and take his money; and 3) eyewitness testified that defendant stabbed the victim.
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| State v. Perez, NO. 05-KA-1006,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: On remand for a third time, the trial court erred when it granted defendant's motion to quash the bill of information for third offense operating a vehicle while intoxicated in violation of La. Rev. Stat. Ann. § 14:98(D) because the totality of the circumstances showed that defendant's waiver of counsel during a previous DUI guilty plea was valid.
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| State v. Roche, NO. 05-KA-237,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: City ordinance clearly prohibited the consumption of alcoholic beverages in public. Thus, officer had probable cause to arrest defendant for violation of city's ordinance. Therefore, under Fourth Amendment and La. Const. art. I, § 5, his motion to suppress cocaine evidence was denied as it was seized pursuant to a search following a lawful arrest.
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| Taylor v. Brandner, NO. 05-CA-970,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Court had not erred, or based its ruling on extrinsic evidence, in granting summary judgment to a restaurant franchisee in his suit against his investors where court found, pursuant to La. Civ. Code Ann. art. 2046, two franchise agreements were clear and unambiguous and clearly designated the franchisee as the sole franchisee under the agreements.
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| Willow, Inc. v. Jefferson Parish Council, NO. 05-CA-754,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Jefferson Parish Council was not arbitrary and capricious when it denied the real estate developer's resubdivision application because the Council's actions could reasonably have been based on legitimate considerations related to public safety, health, and welfare.
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| Wilson v. Ochsner Found. Hosp., NO. 05-CA-953,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Court did not err in granting summary judgment to hospital in medical malpractice suit; alleged malpractice occurred over 8 years ago, suit was filed 5 years ago, and plaintiff had more than ample time to obtain expert testimony or other evidence, and failure to do so meant she could not meet her burden at trial under La. Rev. Stat. Ann. § 9:2794A.
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