Kelly v. O'NEIL
Louisiana Court of Appeal · 2011-09-28
This case consolidated multiple appeals arising from disputes involving property records, mortgages, and contracts among individuals and entities including Kelly, O'Neil, 3rd Street Properties, LLC, and Affordable Housing Contractors, LLC, with actions against the Orleans Parish Recorder of Mortgages. The Court of Appeal of Louisiana, Fourth Circuit, considered challenges to lower court rulings on these matters. The court affirmed the trial court decisions in a decision without published opinion, indicating that the records supported upholding the original outcomes without further elaboration on the facts or law.
propertyprocedure
State v. Tillman
Louisiana Court of Appeal · 2011-09-28 · cited 3×
In State v. Tillman, the defendant was charged with attempted second degree murder, convicted by a jury of aggravated battery, and sentenced as a second felony offender to twelve years at hard labor. On appeal, Tillman argued that the trial court erred in denying his motion for a mistrial after a detective testified that he knew Central City people who had been arrested before, which the defense claimed improperly referenced other crimes. The Louisiana Court of Appeal affirmed the conviction, holding that the detective's vague statement did not constitute an unambiguous reference to another crime by the defendant, that a police officer is not a court official under La.C.Cr.P. art. 770, and that the prosecutor did not solicit the remark. The court further noted that the trial judge offered to admonish the jury but defense counsel declined, and the sentence's omission of parole restrictions was automatically corrected by statute. The appeal also addressed a patent sentencing error that required no remand.
criminal law
State v. Kennedy
Louisiana Court of Appeal · 2011-08-10 · cited 3×
The case involved Alton Kennedy, who was charged with armed robbery after using a gun to take money from bartenders at the Gemini Bar in New Orleans. A jury convicted him based on eyewitness identifications, surveillance video, and his own recorded confession; he was initially sentenced to 30 years and later adjudicated a third felony offender and resentenced to 80 years. On appeal, the court examined the trial evidence, rejected claims of ineffective assistance of counsel for failing to seek recusal of the judge, and identified errors in the sentencing regarding restrictions on parole, probation, and suspension of sentence under state law. The court affirmed the conviction but vacated the sentence and remanded the case for resentencing.
criminal lawprocedure
ESTATE OF PITTMAN v. Pittman
Louisiana Court of Appeal · 2011-07-06 · cited 1×
This case concerned a promissory note for $193,160.23 plus interest that Sandra Pittman executed in favor of her late father's estate to repay loans he had made to her during his lifetime. After the estate demanded payment and Pittman refused, it sued on the note in civil district court; Pittman raised multiple exceptions and affirmative defenses, but the trial court granted the estate's motion for summary judgment. The appellate court affirmed, holding that Pittman admitted signing the valid demand note, which met all statutory requirements, and that she produced no evidence to defeat summary judgment or support her defenses. The court further found that parol evidence was not admissible to vary the note's terms under the facts presented and that the pleaded affirmative defenses were inapplicable.
family lawprocedure
State v. Sander
Louisiana Court of Appeal · 2011-07-06 · cited 2×
In State v. Sander, the defendant was charged with possession of cocaine after police stopped him following a suspected hand-to-hand drug transaction in a high-crime area, frisked him, and later opened a folded paper that fell from his tobacco pouch, revealing crack cocaine. He pleaded guilty under State v. Crosby, reserving his right to appeal the denial of his motion to suppress the evidence. The appellate court affirmed the trial court's ruling, holding that the officer had reasonable suspicion for the initial stop based on the observed transaction and location, and developed probable cause to examine the paper due to its unusual presence in the pouch combined with its rocky contents and the surrounding circumstances. The court found no constitutional violation in the search or seizure, so the evidence was admissible and the plea stood.
criminal lawprocedure
Jenkins v. Gray Insurance Co.
Louisiana Court of Appeal · 2011-07-06 · cited 4×
In this case, plaintiffs who suffered property damage from a Sewerage and Water Board construction project sought to pursue an oblique action against contractor Drennan and its insurer Gray Insurance after obtaining a prior judgment holding both the Board and Drennan liable. The plaintiffs argued that the Board was insolvent and had failed to pursue its own claims against Drennan and Gray for the Board's share of the damages, allowing the plaintiffs to step into the Board's shoes. The trial court granted the defendants' exceptions of no right of action and no cause of action, dismissing the suit, and the appellate court affirmed. The court reasoned that an oblique action under Louisiana Civil Code Article 2044 requires a showing of the debtor's insolvency and failure to exercise a right, neither of which was established here, and that the plaintiffs had already pursued a direct action against the insurer in the earlier litigation.
proceduretorts & liability