Louisiana Supreme Court Decisions 2013

Louisiana v. Smith  
Date: December 10, 2013
Docket Number: 2012-K-2358

Justia Opinion Summary: Defendant Brandon Smith appealed his conviction and sentence for distribution of cocaine. He argued that the evidence presented against him at trial was insufficient to support his conviction. The appellate court agreed...

Louisiana v. Duhe  
Date: December 10, 2013
Docket Number: 2012-K-2677

Justia Opinion Summary: The State appealed a Court of Appeals decision to reverse defendant Jason Duhe's conviction and habitual offender sentence for the creation or operation of a clandestine methamphetamine laboratory. Defendant moved before...

IN RE: THOMAS ROBERT SCHMIDT
Date: December 10, 2013
Docket Number: 2013-B-2023
Shaw v. Acadian Builders & Contractors, LLC  
Date: December 10, 2013
Docket Number: 2013-C-0397

Justia Opinion Summary: The issue before the Supreme Court in this matter centered on whether defects in load-bearing walls were a result of "any defect" due to noncompliance with the buildings standards subject to a one year peremptive period,...

Snider v. Louisiana Medical Mutual Insurance Co.  
Date: December 10, 2013
Docket Number: 2013-C-0579

Justia Opinion Summary: Within days of his twenty-seventh birthday, Clyde Snider, Jr., was hospitalized for a suspected myocardial infarction. A few months later, after complaining of chest pains, he went to a second doctor and different hospit...

Fidelak v. Holmes European Motors, LLC  
Date: December 10, 2013
Docket Number: 2013-C-0691

Justia Opinion Summary: Benjamin and Keri Fidelak filed a petition for damages in Caddo Parish district court (a court of proper venue) against Foreign & Classic Auto Centre, Inc., a small, independent repair shop in Shreveport, which specializ...

Ogea v. Merritt  
Date: December 10, 2013
Docket Number: 2013-C-1085

Justia Opinion Summary: The issue before the Supreme Court in this case centered on the limitation of liability afforded to a member of a limited liability company (LLC). In 2007, Mary Ogea signed a contract entitled "Custom Home Building Agree...

Louisiana v. Draughter  
Date: December 10, 2013
Docket Number: 2013-KA-0914

Justia Opinion Summary: In a direct appeal, the State appealed a judgment that declared La. R.S. 14:95.1 as unconstitutional. In connection with a motion to quash the bill of information filed by the defendant in this case, the district court f...

In re Raymond Thomas, Jr. Justice of the Peace Candidate Ward 1, Assumption Parish  
Date: December 10, 2013
Docket Number: 2013-O-2055

Justia Opinion Summary: This matter stemmed from the failure of Raymond Thomas, Jr. (a candidate for the office of justice of the peace) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XL. The hearing officer...

Louisiana v. Tate  
Date: November 5, 2013
Docket Number: 2012-OK-2763

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether "Miller v. Alabama," (567 U.S. __ (2012)) applied retroactively in state collateral proceedings. Defendant Darryl Tate, whose mandatory life-without-par...

STEVEN M. DAVIS v. ELMER E. PRESCOTT, III, ET AL.
Date: November 5, 2013
Docket Number: 2013-C-0669
Catahoula Parish Sch. Bd. v. Louisiana Machinery Rentals, LLC  
Date: October 15, 2013
Docket Number: 2012-C-2504

Justia Opinion Summary: Louisiana Machinery Company, L.L.C. and Louisiana Machinery Rentals, L.L.C., Louisiana's exclusive Caterpillar franchise dealers, sold, leased, and/or repaired Caterpillar equipment and machinery in parishes throughout t...

IN RE: BRANDI MICHELLE SANDERS
Date: October 15, 2013
Docket Number: 2012-OB-2449
IN RE: TRENT ANTHONY GARRETT, SR.
Date: October 15, 2013
Docket Number: 2013-B-0491
IN RE: FREDERICK A. STOLZLE, JR.
Date: October 15, 2013
Docket Number: 2013-B-1176
Luther v. IOM Company, LLC  
Date: October 15, 2013
Docket Number: 2013-C-0353

Justia Opinion Summary: The Supreme Court granted certiorari in this case to review an appellate court reversal of a district court's ruling that defendants, a medical diagnostic monitoring company and its employee/physician, were not "qualifie...

Stutts v. Melton  
Date: October 15, 2013
Docket Number: 2013-C-0557

Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether the New Home Warranty Act ("NHWA") provided the exclusive remedy between a home builder and a purchaser of residential property, where the builder fa...

Rebel Distributors Corp., Inc. v. Luba Workers' Comp.  
Date: October 15, 2013
Docket Number: 2013-C-0749

Justia Opinion Summary: A pharmaceutical distributor/repackager sought review of an appellate court decision that reversed a decision of the Louisiana Office of Workers' Compensation Administration. The Office awarded certain unpaid invoices fo...

Rhymes v. Rhymes  
Date: October 15, 2013
Docket Number: 2013-C-0823

Justia Opinion Summary: The issue before the Supreme Court centered on whether homeschooling of children born of the marriage was a factor the trial court could consider when awarding final support. The District Court found homeschooling was no...

Louisiana v. Richard  
Date: October 15, 2013
Docket Number: 2013-C-0890

Justia Opinion Summary: In 2005, Patrick Richard sustained a work-related injury at the State Department of Transportation and Development ("DOTD"). After Mr. Richard's injury, DOTD began paying him workers' compensation benefits. Mr. Richard t...

Krielow v. Louisiana Dept. of Agriculture & Forestry  
Date: October 15, 2013
Docket Number: 2013-CA-1106

Justia Opinion Summary: Plaintiffs are producers of rice in Louisiana. In 1972, the Legislature enacted La. R.S. 3:3531, et seq. and La. R.S. 3:3541, et seq. which established the Louisiana Rice Promotion Board and the Louisiana Rice Research B...

Louisiana v. Sarrabea  
Date: October 15, 2013
Docket Number: 2013-K-1271

Justia Opinion Summary: In response to the terrorist attacks of September 11, 2001, the Louisiana legislature enacted a series of laws titled "Prevention of Terrorism on the Highways." One of the statutes proscribes the operation of a motor veh...

Louisiana v. Ramirez  
Date: October 15, 2013
Docket Number: 2013-KK-0276

Justia Opinion Summary: On August 2, 2012, defendant Bonifacio Ramirez was arrested during a traffic stop in for operating a motor vehicle without documentation demonstrating that he was lawfully present in the United States. The Supreme Court...

Louisiana v. Marquez  
Date: October 15, 2013
Docket Number: 2013-KK-0315

Justia Opinion Summary: On May 8, 2012, defendant Rosa Lugo Marquez was charged by bill of information with being an alien student and/or a nonresident alien who operated a motor vehicle in the parish of Lafayette without documentation demonstr...

Louisiana v. Pierre  
Date: October 15, 2013
Docket Number: 2013-KP-0873

Justia Opinion Summary: The state charged respondent with aggravated rape on the basis of allegations made by C.C., the granddaughter of Gayle Ardoin, respondent's live-in partner, that respondent had repeatedly abused her sexually over the cou...

IN RE: CHRISTOPHER MINIAS
Date: September 20, 2013
Docket Number: 2012-OB-1459
Louisiana v. Thomas  
Date: September 4, 2013
Docket Number: 2012-KP-1410

Justia Opinion Summary: The State appealed the grant of post-conviction relief for Defendant Anthony Thomas. The trial court granted the application based on an allegation that defendant's trial counsel rendered ineffective assistance. Upon rev...

IN RE: SUBIA EKRAM
Date: June 28, 2013
Docket Number: 2010-OB-2415
Solieau v. Smith True Value & Rental  
Date: June 28, 2013
Docket Number: 2012-C-1711

Justia Opinion Summary: Plaintiff Mary Soileau was injured while working for the Town of Mamou when a front-end loader detached from a tractor and struck her in the leg. She named the tractor manufacturer, the Town, Smith's Hardware (where the...

Granger v. Christus Health Central Louisiana  
Date: June 28, 2013
Docket Number: 2012-C-1892

Justia Opinion Summary: Dr. Tommie Granger was a certified cardiac surgeon who had hospital privileges at defendant Christus St. Frances Cabrini Hospital. One of his patients was hospitalized at Cabrini and developed complications. While the do...

Peironnet v. Matador Resources Co.  
Date: June 28, 2013
Docket Number: 2012-C-2292

Justia Opinion Summary: Plaintiffs owned an undivided five-sixths interest of land on which they executed an oil and gas lease to Prestige Exploration, Inc. Plaintiffs ownership interests were managed by Regions Bank who helped negotiate the te...

Specialized Loan Servicing, LLC v. January  
Date: June 28, 2013
Docket Number: 2012-CC-2668

Justia Opinion Summary: Specialized Loan Servicing, LLC sued Assurant Specialty Property, American Security Insurance Company, Donyelle January and Capital One Bank over a mortgage agreement. Specialized was the servicer of the note and mortgag...

Milbert v. Answering Bureau, Inc.  
Date: June 28, 2013
Docket Number: 2013-C-0022

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether a non-health care provider could be a joint tortfeasor with a health care provider being sued for medical malpractice. The non-health care provider in t...

Pociask v. Moseley  
Date: June 28, 2013
Docket Number: 2013-C-0262

Justia Opinion Summary: Kerry Moseley and Derek Pociask were married and had two children. They separated ten years later, and shortly thereafter, were granted a divorce. But several months before the judgment of divorce, Moseley had another ch...

Retired State Employees Association v. Louisiana  
Date: June 28, 2013
Docket Number: 2013-CA-0499

Justia Opinion Summary: During the 2012 Regular Session of the Louisiana Legislature, the House of Representatives considered House Bill No. 61, which provided for the establishment of a cash balance retirement plan for certain new members of t...

Hernandez v. Jenkins  
Date: June 21, 2013
Docket Number: 2012-CJ-2756

Justia Opinion Summary: Mother Misty Hernandez appealed a family court order denying her motion for permission to move to another state with the child she shared with Father Brandon Jenkins. Upon review of the family court matter, the Supreme C...

Louisiana v. Duheart  
Date: June 14, 2013
Docket Number: 2013-KA-1105

Justia Opinion Summary: In "Louisiana v. Duheart," the Supreme Court reversed part of the district court's judgment that La.R.S. 32:101(A)(1) was unconstitutionally vague, and remanded the case for reconsideration of defendant's motion to suppr...

Covington v. McNeese State University  
Date: May 7, 2013
Docket Number: 2012-C-2182

Justia Opinion Summary: The plaintiffs prevailed in their action under the Americans with Disabilities Act and sought attorney's fees, costs, and expenses. The district court rendered a fee award, but reduced the requested number of billable ho...

JAMES KEYS v. REPUBLIC SERVICES- AL OF SCOTT
Date: May 7, 2013
Docket Number: 2012-C-2369
Mulkey v. Mulkey  
Date: May 7, 2013
Docket Number: 2012-CJ-2709

Justia Opinion Summary: In this custody dispute, the trial court ordered a change in custody, finding the father satisfied the requirements of "Bergeron v. Bergeron" by establishing that any harm caused by a modification of a 2004 custody decre...

Louisiana v. Clark  
Date: May 7, 2013
Docket Number: 2012-K-1296

Justia Opinion Summary: The state charged defendant by bill of information with failing to maintain his registration as a convicted sex offender by failing to appear for his quarterly registration with the Jefferson Parish Sheriff’s Office. Def...

Louisiana v. Bazile  
Date: May 7, 2013
Docket Number: 2012-KA-2243

Justia Opinion Summary: Defendant Timothy Bazile was indicted by a grand jury for the second degree murder of his wife, Kendra. The indictment was returned on October 13, 2010, and defendant arraigned on October 15. The district court set a tri...

Louisiana v. Brown  
Date: May 7, 2013
Docket Number: 2012-KP-0872

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari to consider whether the United States Supreme Court's decision in "Graham v. Florida" (130 S.Ct. 2011 (2010)), applied in a case in which the juvenile offender committed mul...

Louisiana Federation of Teachers v. Louisiana  
Date: May 7, 2013
Docket Number: 2013-CA-0120

Justia Opinion Summary: In a declaratory judgment action before the Supreme Court, the issue for review concerned the validity of two legislative instruments enacted during the 2012 Regular Session of the Louisiana Legislature, Senate Concurren...

IN RE: JESS WOOD
Date: April 5, 2013
Docket Number: 2011-OB-2325
Broussard v. Louisiana  
Date: April 5, 2013
Docket Number: 2012-C-1238

Justia Opinion Summary: Plaintiff Paul Broussard sued the State for damages he sustained from an accident caused by a misaligned elevator. After a three-day trial, a jury returned a verdict in Broussard’s favor, finding the offset between the e...

Benjamin v. Zeichner  
Date: April 5, 2013
Docket Number: 2012-C-1763

Justia Opinion Summary: In a medical malpractice case, the trial court refused to qualify an expert witness for the plaintiffs, finding he did not satisfy the requirements for expert witnesses under the Medical Malpractice Act. The trial court...

IN RE: KIRK PATRICK ROBERTSON, JR.
Date: April 5, 2013
Docket Number: 2012-OB-1095
IN RE: CHRIS L. BOWMAN
Date: March 19, 2013
Docket Number: 2012-B-2410
IN RE: MARK ANDREW MOELLER
Date: March 19, 2013
Docket Number: 2012-B-2460
Quantum Resources Management, LLC v. Pirate Lake Oil Corp.  
Date: March 19, 2013
Docket Number: 2012-C-1472

Justia Opinion Summary: The issue before the Supreme Court in this case involved a 1925 tax sale and the failure to give notice of the pending tax sale to the property owner. The specific issue in the present case was whether "Mennonite Board o...

Doe v. Southern Gyms, LLC  
Date: March 19, 2013
Docket Number: 2012-C-1566

Justia Opinion Summary: In 2010, plaintiff Jane Doe was contacted by detectives in the Baton Rouge Police Department and asked to identify whether she was the subject of a photograph, obtained from a video, captured by a pen camera which had be...

West Monroe Firefighters Local 1385 v. City of West Monroe  
Date: March 19, 2013
Docket Number: 2012-C-1937

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether the minimum monthly salary referenced in La.R.S. 33:1992 included the supplemental amount paid by a municipality for purposes of calculating wage differ...

Clovelly Oil Co. v. Midstates Petroleum Co., LLC  
Date: March 19, 2013
Docket Number: 2012-C-2055

Justia Opinion Summary: Through a series of assignments, Clovelly Oil Company and Midstates Petroleum Company, LLC, were parties to a 1972 joint operating agreement (JOA). The issue before the Supreme Court was whether a lease acquired by Midst...

Tin, Inc. v. Washington Parish Sheriff's Office  
Date: March 19, 2013
Docket Number: 2012-C-2056

Justia Opinion Summary: The taxpayer in this case, a paper mill, requested a refund on taxes it paid on purchases of caustic soda, arguing that the chemical was used in the production of a product for resale and excluded from local and state ta...

Champagne v. American Alternative Ins. Corp.  
Date: March 19, 2013
Docket Number: 2012-CC-1697

Justia Opinion Summary: The issue before the Supreme Court in this case was one of first impression: whether the Louisiana Workers’ Compensation Law (specifically La. R.S. 23:1036) as the exclusive remedy for a volunteer firefighter in claims f...

Louisiana v. Lewis  
Date: March 19, 2013
Docket Number: 2012-K-1021

Justia Opinion Summary: The issue before the Supreme Court centered on the appropriate remedy for a defendant when he is prohibited, in violation of La. C.Cr.P. art. 799.1, from using a peremptory challenge to back strike a provisionally select...

Louisiana v. Oliphant  
Date: March 19, 2013
Docket Number: 2012-K-1176

Justia Opinion Summary: While driving his vehicle in a highly intoxicated state, defendant Craig Oliphant struck and killed a pedestrian and subsequently pled guilty to the charge of vehicular homicide. The District Court ultimately sentenced d...

Louisiana v. Patterson  
Date: March 19, 2013
Docket Number: 2012-K-2042

Justia Opinion Summary: In 2008, defendant Jeremy Patterson and co-defendant Tyrone Reynolds were charged by grand jury indictment with one count of second degree murder. The Supreme Court granted certiorari in this case to consider whether, fo...

Louisiana v. Overstreet  
Date: March 19, 2013
Docket Number: 2012-KA-1854

Justia Opinion Summary: In 1993, respondent Isaiah Overstreet, Jr., who was then 32 years old, quit his job, began living in his car, and started preaching on the grounds of college campuses. On April 25, 1994, at about 6 a.m. police were dispa...

Louisiana v. Hadman  
Date: March 19, 2013
Docket Number: 2012-KK-1986

Justia Opinion Summary: In 2010, Defendant Mazen Hamdan was charged with possession of a firearm by a convicted felon. The bill of information stated that defendant was previously convicted in Orleans Parish of possession of heroin and possessi...

Louisiana v. Louisiana Land & Exploration Company  
Date: January 30, 2013
Docket Number: 2012-C-0884

Justia Opinion Summary: Plaintiffs the State and the Vermilion Parish School Board filed a "Petition for Damages to School Lands" in 2004 seeking damages and remediation of a sixteenth section of property in Vermilion Parish owned by the State...

Louisiana v. Ortiz  
Date: January 29, 2013
Docket Number: 2011-KP-2799

Justia Opinion Summary: Respondent Manuel Ortiz was convicted of first degree murder and sentenced to death for the 1995 for the killing of his wife. The State urged jurors to find that Respondent was involved in a murder-for-hire scheme motiva...

Louisiana v. Gibson  
Date: January 29, 2013
Docket Number: 2012-C-1145

Justia Opinion Summary: The Supreme Court granted certiorari to determine whether the State could directly enforce Article I, section 10 of the Louisiana Constitution to prevent a candidate from taking public office without regard to the Electi...

Prejean v. Barousse  
Date: January 29, 2013
Docket Number: 2012-C-1177

Justia Opinion Summary: The issue before the Supreme Court in this case was whether La. R.S. 13:4210 was constitutional. Dionysia Prejean was a party to a child custody proceeding captioned "Dionysia F. Huval Prejean v. Ronald Joseph Prejean,"...

Caldwell Parish Sch. Bd. v. Louisiana Machinery Company, LLC  
Date: January 29, 2013
Docket Number: 2012-C-1762

Justia Opinion Summary: The Supreme Court granted certiorari in order to determine whether the court of appeal erred in overturning the rulings of the district courts with regard to certain tax assessments. Questions were raised as to whether r...

Louisiana High School Athletics Association, Inc. v. Louisiana  
Date: January 29, 2013
Docket Number: 2012-CA-1471

Justia Opinion Summary: The issue before the Supreme Court in this case concerned a law was declared unconstitutional by a district court. The district court granted in part the Louisiana High School Athletic Association, Inc.’s (LHSAA’s) Motio...

In re: Judge Leo Boothe, Seventh Judicial District court Catahoula & Concordia Parishes  
Date: January 29, 2013
Docket Number: 2012-O-1821

Justia Opinion Summary: his matter came before the Supreme Court on the recommendation of the Judiciary Commission of Louisiana that respondent Judge Leo Boothe of the Seventh Judicial District Court, Parishes of Catahoula and Concordia, be rem...

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