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Judge, Louisiana Court of Appeal
State v. Burks
Louisiana Court of Appeal · 2012-01-18
This case was a criminal appeal in Louisiana involving defendant Burks. The Court of Appeal, Second Circuit, reviewed the imposed sentence and issued a decision without a published opinion. The court vacated the sentence and remanded the matter for further proceedings.
criminal lawprocedure
State v. Knight
Louisiana Court of Appeal · 2010-05-19 · cited 8×
In State v. Knight, the defendant was charged with vehicular homicide after a one-car accident that killed his passenger; both men were legally intoxicated, and the defendant initially admitted to police at the scene that he was the driver before later denying it at the hospital. A jury convicted him of the responsive verdict of negligent homicide, and he received a five-year hard labor sentence. On appeal, the defendant argued that the evidence was insufficient to prove he was driving and that his statements to the first responding trooper should have been suppressed for lack of Miranda warnings. The court affirmed the conviction and sentence, holding that the initial statements and other evidence sufficiently established the defendant as the driver under the Jackson v. Virginia standard, and that the trooper's questioning was a non-custodial preliminary accident investigation not requiring Miranda warnings.
criminal lawprocedure
Neidlinger v. WARDEN, MEDICAL DEPT.
Louisiana Court of Appeal · 2010-05-19 · cited 5×
The case involved an inmate, Dale Neidlinger, suing prison officials at Caldwell Correctional Center for alleged negligent medical treatment of a spider bite infection on his knee that developed into a serious condition requiring surgery, skin grafts, and resulting in lasting physical impairment. Neidlinger claimed the defendants delayed adequate care and failed to provide timely antibiotics or hospital transport, breaching their duty to provide reasonable medical services. The trial court granted summary judgment for the defendants, and the appellate court affirmed after de novo review, holding that the record showed timely and appropriate care meeting the applicable standard without evidence of unreasonableness or breach of duty, and that the plaintiff failed to raise a genuine issue of material fact. The court noted the prison's duty requires reasonable medical attention for inmates but does not demand on-site hospital facilities for every risk.
criminal lawhealthcaretorts & liability
Chandler v. Chandler
Louisiana Court of Appeal · 2010-05-19 · cited 8×
This case involves a father's request to modify a prior consent judgment granting joint custody of the parties' son, with the mother as domiciliary parent, to a 50/50 shared physical custody arrangement. After the father presented his evidence at a hearing on his rule to modify, the trial court granted the mother's motion for involuntary dismissal. The appellate court affirmed, noting that the father bore the burden of proving both a material change in circumstances since the original decree and that the proposed modification served the child's best interest. Although some life changes had occurred over nearly ten years, such as the mother's completion of medical training and the father's remarriage and divorce, the court found these insufficient to meet the burden, as the child had thrived under the existing arrangement with stability and continuity.
family law
State Ex Rel. Prr, Jr.
Louisiana Court of Appeal · 2010-05-19
This case concerned the adjudication of a 16-year-old juvenile, PRR, as delinquent for the offense of indecent behavior with juveniles under La. R.S. 14:81, based on allegations that he engaged in sexual contact with his three-year-old female cousin during a family gathering. The juvenile court found the victim credible and adjudicated PRR delinquent, leading to an appeal. The Court of Appeal of Louisiana, Second Circuit, affirmed the adjudication and disposition. The appellate court held that the evidence, including the victim's statements to multiple parties, was sufficient to prove the elements of the crime beyond a reasonable doubt, and it deferred to the juvenile court's assessment of credibility despite noted inconsistencies in the testimony and medical evidence.
criminal law
State Ex Rel. Rlt and Sat
Louisiana Court of Appeal · 2010-01-27
The case involved the Louisiana Department of Social Services petitioning to terminate the parental rights of mother S.M.T. (and the fathers) of minor children R.L.T. and S.A.T. after the children were removed from custody in 2007 due to the mother's drug-related arrest and neglect, adjudicated in need of care, and placed in foster care. The trial court terminated the parental rights, finding insufficient compliance with reunification case plans, and the court of appeal affirmed. The court reasoned that the DSS proved by clear and convincing evidence that the mother had not substantially complied with case plan requirements such as drug testing, psychological evaluation, visitation, and stable housing over more than two years, her pattern of incarceration and substance abuse indicated no reasonable expectation of improvement, and termination served the children's best interests by freeing them for adoption.
family lawcriminal law