The Juvenile, M.L.L., was charged by Petition of Delinquency with aggravated burglary, a violation of La.R. S. 14:60. On November 15, 2007, an initial hearing was held, and M.L.L. entered a denial to the allegation. On December 20, 2007, an adjudication hearing was held where the city court judge adjudicated M.L.L. delinquent. Following the adjudication, on January 24, 2008, a disposition hearing was held, and the city court judge ordered M.L.L. to serve two years in the custody of the...  

This court issued, sua sponte, a rule ordering the Defendant-Appellant, Nitetown, Inc. (Nitetown), to show cause, by brief only, why the appeal in this matter should not be dismissed as premature. On August 11, 2008, this court received Nitetown's response to the rule. For the reasons given herein, we hereby dismiss the appeal... This case arises out of an excessive force claim against employees of Nitetown. In the course of these proceedings, the Defendant/Appellee, Markel International...  

The defendant, Shannon Strother, was convicted of two counts of molestation of a juvenile, a violation of La. R.S. 14:81.2. The trial court subsequently sentenced the defendant to serve 12 years' imprisonment at hard labor, with all but three years' suspended, and with credit for time served. The defendant was also ordered to serve five years supervised probation after his release and to pay a fine in the amount of $3,000.00. He now appeals, urging six assignments of error. For the reasons that...  

Defendant and third party plaintiff Milton Frost is appealing a summary judgment in favor of third party defendants, Calhoun Water System, America First Insurance Company, and State Farm Fire & Casualty Co. For the reasons set forth below, we reverse and remand the matter to the trial court for further proceedings... FACTS... This case involves an altercation that occurred at a Calhoun Water System ("Calhoun") well. On October 14, 2002, Milton Frost ("Frost"), a board member of...  

The State of Louisiana, through the Louisiana Department of Transportation and Development (DOTD), appeals a judgment on a jury verdict, finding it liable to the plaintiffs, Shad E. Jenkins and Jennifer C. Jenkins, for damages resulting from a motor vehicle accident on a state highway. For the following reasons, we reverse and amend the judgment in part and affirm it in all other respects... FACTUAL BACKGROUND AND PROCEDURAL HISTORY... This action arises from a motor vehicle accident that...  

The Defendant, Mary Catherine Tingle, appeals from a judgment finding Amma Dell Wactor to be the putative spouse of the deceased, Harvel George Hendrix, and awarding an undivided one-half interest in immovable property to her assignees, Mildred Ann Crooks, Patsy Jean Rawle, and Donna Kay Bergeron. We affirm... The case was initiated in 2002 in a petition to appoint an administrator for the succession of the deceased. Nelson Cantrelle, Jr. has represented Tingle in the proceedings from its...  

The Defendants, Martin Kenneth Harrison, Barbara Bucklin, and Essential Humidity Solutions L.L.C. (EHS) appeal from a preliminary injunction granted in favor of the Plaintiff, Novelaire Technologies, L.L.C., in a suit for breach of an agreement relating to the design of and/or improvements to a dehumidifier sold by the Plaintiff, for breach of a nondisclosure provision, and for unfair trade practices. We affirm... The Plaintiff manufactures energy recovery and dehumidification equipment,...  

Plaintiff, Charles Angle, appeals the grant of summary judgment in favor of defendant, Cox Communications, Inc. We affirm... In his Petition, Mr. Angle alleged that on September 27, 2005, he discovered the defendants, David Dickens and Maurice Dow, burglarizing his home in Kenner, Louisiana. Angle alleged that the two men were employed by defendant, Cox Communications of Louisiana, L.L.C. (Cox). According to Angle's Petition, the two men were wearing Cox uniforms and had Cox identification...  

The defendant, Joseph Arnona, has appealed from a default judgment entered against him. For the reasons that follow, we vacate the default judgment and remand this matter... FACTS:... Plaintiff, Robert Miller, and defendant, Joseph Arnona, were first managers of Gulf Stream Restaurant, LLC. This entity operated a restaurant in a building owned by Gulf Stream Marina, LLC, located in Grand Isle, Louisiana. Mr. Arnona was a member of Gulf Stream Marina, LLC. In May 2005, Mr. Arnona and Gulf Stream...  

Defendant, Gerard E. Dave, appeals his conviction for possession of hydrocodone in violation of LSA-R.S. 40:967C. On appeal, he argues that the trial court erred in denying his Motion to Suppress Evidence. After thorough consideration of the law and evidence, we find no error, and affirm defendant's conviction... PROCEDURAL HISTORY... The Jefferson Parish District Attorney filed a Bill of Information charging defendant, Gerard E. Dave, with possession of MDMA1 in violation of LSA-R.S. 40:966C...  

In this criminal proceeding, defendant Glenn Watson appeals his convictions and sentences for felon in possession of a firearm and possession of cocaine, violations of La.R.S. 14:95.1 and La.R.S. 40:967(C), respectively. Mr. Watson assigns the following errors: (1) It was error to deny the motion to quash in view of the unreasonable delay in arraigning appellant and bringing him to trial; (2) The evidence was insufficient to support the verdict beyond a reasonable doubt. He also requests an...  

Defendant, Joe Johnson, appeals from his guilty plea conviction for possession with intent to distribute marijuana and his sentence to seven and onehalf years at hard labor. For the reasons which follow, we affirm the conviction and sentence... The Jefferson Parish District Attorney filed a bill of information charging the Defendant with possession with intent to distribute marijuana within 1000 feet of a school.1 The Defendant pled not guilty at his arraignment. Thereafter, the Defendant's...  

Defendant-appellant, Entergy Gulf States, Inc. ("Entergy"), appeals the trial court's judgment that rejected its affirmative defense of statutory employer tort immunity and held it liable for the damages sustained by Vera M. Rainey ("Rainey"). This court, sitting en banc, has considered the merits of Entergy's appeal. Eleven of the twelve judges of this court have participated, but we are unable to render a decree reflecting a majority judgment on each issue presented in this...  

ORDER... Considering the Petition for Interim Suspension for Threat of Harm filed by the Office of Disciplinary Counsel, and the response thereto filed by respondent,... IT IS ORDERED that Derrick D. T. Shepherd, Louisiana Bar Roll number 24878, be and he hereby is suspended from the practice of law on an interim basis pursuant to Supreme Court Rule XIX, § 19.2. Pursuant to Supreme Court Rule XIX, § 26(E), this order is effective immediately...  

In a two-count bill of information, defendant, Raymond Darnell, was charged with the attempted first degree murder of Shreveport Police Officer Freddie Clinton (count one) and the attempted second degree murder of Arlicia McDonald, an ex-girlfriend (count two). He was convicted on both counts and adjudicated a second felony habitual offender. On count one, defendant was sentenced to 100 years at hard labor without benefit of parole, probation, or suspension of sentence, and on count two, he was...  

The defendant, Kenneth Wayne Smith, was convicted by jury verdict of aggravated arson. He was adjudicated a third felony offender and was sentenced to serve 14 years at hard labor without benefit of probation or suspension of sentence; the first two years of the sentence were also ordered to be served without parole. The defendant appeals, claiming insufficiency of the evidence against him and ineffective assistance of counsel. For the following reasons, we affirm the conviction and sentence......  

Plaintiff Credit Recoveries, Inc. ("CRI") appeals an adverse ruling which dismissed its claim against the widow of the original defendant, Chester L. Crow. Finding no error, we affirm at the cost of plaintiff... FACTS... This case is fact-intensive, necessitating a firm grip of the basic chronology of events:... • On July 12, 1988, First National Bank ("FNB") made this loan to Crow, secured by a second mortgage on rental property. The note came due in 90 days, but Crow...  

After a fatality and injuries in a collision at a railroad crossing, the State of Louisiana, through the Department of Transportation and Development ("DOTD"), was sued along with the two owners of the roadway and rail line. Plaintiffs alleged that DOTD had assumed duties regarding the crossing and was responsible in tort with the owners for the unreasonably dangerous condition of the crossing. DOTD filed a motion for summary judgment with evidence indicating that DOTD's only...  

On November 14, 2000, plaintiff, Adrianne Gilbert Forester, who worked for defendant, the Caddo Parish School Board, at Stoner Hill Elementary School, was injured while performing her duties as a security coordinator. Forester, acting pro se, filed a Disputed Claim for Compensation with the Office of Workers' Compensation on September 8, 2006. We note that there is a reference in defendant's answer that a claim arising out of the same set of facts was filed in 2002 (under a different docket...  

This criminal appeal arises from the Third Judicial District Court, Parish of Union, State of Louisiana. Edward Eugene Ates, Jr. was convicted as charged by a jury for the illegal use of weapons or dangerous instrumentalities by discharging a firearm while committing or attempting to commit a crime of violence, a violation of La. R.S. 14:94(A) and (F). He was sentenced to 16 years' imprisonment at hard labor without benefits, along with a fine of $10,000.00, costs and restitution. Ates now...