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All Things Legal in Louisiana


June 27, 2003

Federal Do Not Call Registry Now Available

The Federal Trade Commission has opened registration for its National Do Not Call Registry. The program, however, is not as strict as Louisiana's. Both programs provide on-line registration.

Posted by AJR at 07:14 AM

15 Constitutional Amendments on the October Ballot

The Advertiser provides a brief overview of the 15 proposed constitutional amendments that will be on the fall primary ballot.

Posted by AJR at 07:09 AM

Crime Fighting Awards Given

Victims and Citizens Against Crime gave out awards in 11 categories at its 12th annual awards ceremony. The Times-Picayune provides all of the winners.

Posted by AJR at 07:03 AM

US Supreme Court Sodomy Ruling to Impact Louisiana

The Times-Picayune reports that Richard Ieyoub released a statement that says Louisiana's law banning consensual oral and anal sex "would be unenforceable" except for provisions that ban the acts of sodomy with prostitutes and animals.

The Times-Picayune also reports on the reactions to the United States Supreme Court's decision to strike down the Texas laws.

Posted by AJR at 06:59 AM

EBR Council on Aging Rejects Settlement Offers

The EBR Council on Aging board met Thursday and rejected a settlement offer from its former executive director regarding the Rosewood Plantation, reports The Advocate.

In September 2000, the board fired its longtime executive director, Sharon LaFleur, after she was accused of mismanaging a $1.1 million charitable trust fund that is now depleted. Council on Agency officials claimed LaFleur used more than $1 million from the fund to acquire, renovate and operate Rosewood, which at one time was her personal residence.

The board has asked its attorney to quickly seek a trial date.

Posted by AJR at 06:50 AM

FBI Disputes ABC News Report

The Advocate reports on a letter the FBI sent to ABC News regarding the Primetime story on the serial killer investigation. The letter indicates that the report was "outside the realm of fact" and addresses many of the comments and conclusions offered by the show. The 5-page letter is available here on the Task Force Web site.

Posted by AJR at 06:46 AM

NAACP Encourages Participation in Baton Rouge Schools

The Advocate reports that the president and lead attorney of the Baton Rouge chapter of the NAACP, Alvin Washington, encouraged an audience to look beyond legal solutions and to focus on getting involved in local education. The NAACP executive committee will meet to vote on the agreement at 6:00 p.m. Monday evening.

Posted by AJR at 06:38 AM

June 26, 2003

Sex-in-School Lawuit Dismissed

The Town Talk reports that a 9th JDC Judge Ross Foote dismissed a suit against the Rapides Parish School Board because it was not filed timely.

The plaintiff's daughter developed a sexually transmitted disease from the nonconsentual sex act with a male student at Alexandria Junior High, according to the suit and the plaintiff's law firm, Edward Larvadain Jr. and Associates.

I thought this story was a follow-up to this, unfortunately I was wrong.

Posted by AJR at 07:48 AM

Legal Heavyweights to Face Off in Ouachita?

The News-Star reports on a possible trial litigated by former 4th JDC DA Johnny Parkerson and current DA Jerry Jones. "I can promise you there wouldn't be an empty seat in the courtroom," Parkerson said.

'It ain't nothing but ego,' Parkerson said. 'We both have super egos or neither one of us would be DA. I was on my way to being a wealthy man before I won the DA's job, and Jerry was making a lot of money practicing law as a defense attorney before he won the job.'

Posted by AJR at 07:40 AM

Feds Open NOLA Schoolboard Payroll Investigation

The Times-Picayune reports that federal investigators have opened a formal investigation of fraud in the New Orleans school system's payroll and benefits operations. At a recent School Board meeting, auditor Stuart Piltch alleged that errors and and potential fraud, "along with overpayments to contractors and other irregularities, may have cost the system as much as $20 million in each of the past three years." Piltch also reported that more than 300 people failed to pick up their paychecks after auditors forced employees to show identification and sign for their checks.

Posted by AJR at 07:34 AM

Prosecutors' Misconduct Highlighted

The Times-Picayune reports on a study that highlights a pattern of misconduct by prosecutors around the country. The study, released by The Center for Public Integrity, provides prosecutor profiles and analyses of misconduct.

Posted by AJR at 07:26 AM

Choose Life License Plate Challenge Back in Court

The Times-Picayune reports that abortion rights supporters renewed their fight in federal court against Louisiana's "Choose Life" license plates.

Arguments Wednesday came after the 5th U.S. Circuit Court of Appeals in January gave new life to the suit, which it originally ordered Duval to throw out. The appeals court reversed itself and ruled that abortion-rights advocates could sue the state -- for issuing specialty plates in general, not for distributing "Choose Life" plates in particular.

The state argues that the plaintiffs still have no grounds to sue because they have not suffered injury by the law.

Posted by AJR at 07:21 AM

Task Force had DNA Information in January

The Times-Picayune reports that a California scientist claims to have told investigators in mid-January and again in early February that the serial killer's DNA showed a high probability that he was black. Charles Brenner says that he told the Lafayette Parish Sheriff's Office that "Caucasians would be the last people I'd look at." The Serial Killer Task Force announcement that urged the public not to focus on white men as suspects was made on March 21, 2003.

Posted by AJR at 07:16 AM

Lee Indicted on one Count of First-Degree Murder

The Advocate reports that Derrick Lee was indicted on one count of first-degree murder yesterday, in connection with the rape and killing of Charlotte Pace. 19th JDC DA Doug Moreau and First Assistant DA John Sinquefield indicated that they brought Pace's case first because it had evidence of "better quality and better quantity." The article also reports on a few motions filed on behalf of Lee, one of which requests more funds for his defense. Without this money, Mike Mitchell with the Office of the Public Defender, says that Lee's defense would be "inadequate and unconstitutional."

Posted by AJR at 07:09 AM

The Advocate Questions $60 Million Price Tag

The Advocate provides an editorial concerning the proposed 19th JDC courthouse. Specifically, it notes that the $60 million price tag is pure speculation and subject to change. Nonetheless, the opinion provides a few more details regarding the legislation and the proposed project: (1) that it hinges on a federal donation of the post office site on Florida Street; (2) that the fees would double if construction bids are let; and (3) that the fees would expire if construction bids are not let within two years.

Posted by AJR at 07:00 AM

June 25, 2003

Ouachita Parish Legal Scramble Begins

The News-Star provides several reports related to Monday's indictment of eight people, including parish employees and police jurors. The legal scramble begins outlines actions taken by the parish and this article explains what is to come in the judicial process. Finally, this article reports that confusion over surety bonds angered some of the indictees.

Posted by AJR at 07:44 AM

Lee Case goes to Grand Jury Today

The Advertiser reports that Baton Rouge prosecutors will present four first-degree murder and aggravated rape cases against Derrick Lee to a grand jury today. The article also provides a good summary of the grand jury process.

Posted by AJR at 07:36 AM

Court TV to Feature Louisiana Case

The Advocate reports that "Forensic Files" on Court TV will examine the Janice Trahan case at 8:00 this evening.

Trahan, a registered nurse, will tell the story of how she was intentionally injected with the AIDS virus in 1994 by her former boyfriend, Dr. Richard Schmidt. Trahan had ended their affair and married another man.
Posted by AJR at 07:29 AM

21st JDC Judge Awards Plaintiffs $91.9 Million

The Advocate reports that 21st JDC Judge Wayne Chutz awarded plaintiffs in the 1983 Tangipahoa Parish flood $91.9 million in damages. The Louisiana DOTD, the defendant in the case, will appeal. The plaintiffs argued that DOTD restricted natural drainage in Tanhipahoa Parish when Interstate 12 was built.

Posted by AJR at 07:24 AM

June 24, 2003

Ouachita Parish Police Jurors Indicted

The News-Star reports that Ouachita Parish police jurors Daryll Berry and King Dawson were among eight people indicted Monday by a Ouachita Parish grand jury.

The indictments signed Monday by 4th Judicial District Court Judge Wilson Rambo contained 23 felony counts - including public bribery involving sex, filing false public documents and malfeasance in office.
Posted by AJR at 07:29 AM

Voters to Decide When Judges Retire

The Times-Picayune reports that voters will decide this fall whether judges may stay on the bench past their 70th birthday.

The proposed constitutional amendment came in House Bill 19 by Rep. Mickey Frith, D-Kaplan, which the Senate approved 27-9 Monday. It would let judges finish their term even after turning 70, currently the maximum age allowed.
Posted by AJR at 07:24 AM

University of Michigan's Impact on Louisiana

The Times-Picayune reports that Louisiana educators lauded yesterday's US Supreme Court decisions in the University of Michigan affirmative action cases, while The Advocate reports ambivalence. There seems to be agreement that the decisions will not affect Louisiana much, but The Times reports that the jury is still out regarding Louisiana law and medical schools.

Posted by AJR at 07:21 AM

Judge Upholds Verdict for Former LSU Track Coach

19th JDC Judge Kay Bates upheld a $773,000 award in Loren Seagrave's, a former LSU track coach, case against the University, reports The Advocate. Following the decision, LSU indicated that it will appeal to the First Circuit Court of Appeal.

In a somewhat related case, The Advocate also reports that a tenured Asian professor is suing Southern University claiming that he was demoted and replaced with a black colleague.

Posted by AJR at 07:13 AM

EBR Desegregation Plan Gets OK from DOJ

The Advocate reports that the US Department of Justice has given its approval to the EBR Parish School Board's "agreement in principle" that was reached last week. "The other parties that need to sign off on the agreement include the School Board, the local NAACP chapter and the original 1956 plaintiffs."

Posted by AJR at 07:06 AM

June 23, 2003

Bakke in Louisiana?

The Times reports that the United States Supreme Court's decision in the University of Michigan admissions case is not expected to impact Louisiana's colleges and universities. The state is still governed by a federal desegregation settlement reached in 1994. The ruling, however, "focused less on admissions policies and more on attracting other-race students by concentrating on duplicated and underfunded programs and recruitment efforts."

Posted by AJR at 07:43 AM

NOLA Refuses to Prosecute Dog Fighters

The Times-Picayune reports that the New Orleans' DA has refused all charges against suspects arrested at the "largest professional dogfighting operation" in New Orleans. The refusal frustrates police and animal-rights activists, but George Bourgeois, an assistant DA, says there was not enough evidence to successfully prosecute the cases.

Posted by AJR at 07:37 AM

19th JDC Courthouse Bill Passes Legislature

The Advocate reports that the Legislature passed a revamped plan to finance a new $60 million courthouse for the 19th JDC. The original bill, which was defeated earlier in the session, was resurrected when it was amended to a bill designed to set up a judicial expense fund in East and West Feliciana Parishes.

Posted by AJR at 07:31 AM

June 19, 2003

Louisiana Law and Legal Research on the Internet

A slow news week, combined with an especially busy schedule, accounts for the lack of posts over the last few weeks. I do hope, however, to provide some commentary on this article from Around the Bar, a publication of the Baton Rouge Bar Association. The article, titled Information Literacy in Legal Research, makes some very interesting observations regarding the future of online research and offers some compelling suggestions for making it better. Perhaps this site can provide a forum for pursuing these ideas further.

Posted by AJR at 07:51 AM

US Attorney Widens Probes of Orleans Parish Schools

The Times reports that US Attorney Jim Letten intends to pursue the corruption reportedly plaguing the New Orleans Public School system. A recent consultant's report indicates that as much as $20 million per year was being paid to individuals who did not earn the money.

Posted by AJR at 07:44 AM

EBR School Degregation Talks Successful

The Advocate reports that the parties involved in the 47-year-old East Baton Rouge Parish public school desegregation case agreed to a settlement regarding their remaining differences.

"What we are saying is we have reached an agreement in principle that will end the federal court supervision of the school system," Superintendent Clayton Wilcox said, as the parties emerged after nine hours of talks Wednesday.
Posted by AJR at 07:34 AM

June 18, 2003

NOLA Loses Sidewalk Book Battle

The Times-Picayune reports that the couple from up north who moved to New Orleans with plans to sell books on the street finally got their permits from the Eastern District Court.

Posted by AJR at 07:44 AM

Copeland Refuses to Answer Questions

The Times-Picayune reports that Al Copeland refused to answer 102 of 105 questions in a deposition recently. The questioning concerned whether or not he was aware of the scheme involving former Judge Ronald Bodenheimer.

Under oath and with his criminal defense attorney present at a May 14 deposition, the multimillionaire restaurateur "refused to answer any questions concerning his knowledge of and participation in the conspiracy," according to the papers, filed in the 5th Circuit Court of Appeal on behalf of Luan Hunter.
Posted by AJR at 07:37 AM

June 13, 2003

Bill Pryor Has Ties to Louisiana

The News-Star reports on the connections Bill Pryor, a Bush nominee for the 11th Circuit Court of Appeal, has to Louisiana.

Posted by AJR at 07:58 AM

Former 2nd JDC Judge Whitten Passes Away

The News-Star reports that former 2nd JDC Judge Leon Whitten passed away on Wednesday. Whitten's career with the Second District spanned nearly 30 years. He served as district attorney from 1972-1982 and as district judge from 1982- 2000.

Posted by AJR at 07:54 AM

St. Tammany Parish Courthouse Residents Completely Moved

The Times-Picayune reports that "more than 500 workers in local government agencies have completed their move to the new St. Tammany Parish Courthouse in Covington, parish officials said, and the 280,000-square-foot building became 'fully operational' this week with few glitches." The move began six weeks ago.

Posted by AJR at 07:46 AM

19th JDC Judge Johnson in Arrears on Mortgage

The Advocate reports that Wells Fargo has filed a lawsuit against Elaine and Judge Don Johnson claiming that they have not paid their mortgage since January.

Posted by AJR at 07:40 AM

June 12, 2003

Indictments Expected Against Ouachita Police Jury Next Week

The News-Star reports that anticipated indictments this week by the grand jury investigating the misuse of taxpayers' dollars by the Ouachita Parish Police Jury have been delayed. DA Jerry Jones said the grand jury investigation should be completed next week and indictments will then follow.

Posted by AJR at 07:52 AM

Senate OKs Limits on Oyster Legal Awards

The Times-Picayune reports that the Senate approved legislation Wednesday to limit the state's future and present liability to oyster harvesters who say a freshwater diversion project destroyed their leases. The state is currently facing $2 billion in such legal awards.

Posted by AJR at 07:40 AM

June 11, 2003

Louisiana Enron?

The Business Report provides coverage of the pending trial between the United Companies bankruptcy receiver, William Hays, and the failed company's auditor, Deloitte and Touche.

Like the Enron scandal," Hays claims in court papers, "it (his lawsuit) alleges that one of the country's largest audit and accounting firms engaged in fraud, deceit and other misconduct while lining its pockets with millions of dollars in fees."

"The 'big boys' left Louisiana with their 'ill-gotten treasures' and went back to New York City, leaving the employees of United Companies and their families holding the empty bag," Hays claims.

Posted by AJR at 07:49 AM

"CSI" Equipment Donated by Bossier City Police Department

The Bossier City Police Department has donated a Bluemaxx amber light to the Sexual Assault Nurse Examiner (SANE) Program to be used during sexual assault examinations. The Times reports that nurses are trained to respond immediately in sexual assault cases.

Posted by AJR at 07:44 AM

Bill Advances to Change Groundwater Lawsuits

The Times-Picayune reports on a bill that would provide for the automatic intervention of the LDEQ and DNR in any lawsuit where plaintiffs claim that groundwater is in danger or has been damaged.

If a jury or judge finds that the groundwater is in jeopardy, the judge would oversee the remediation, perhaps appointing an expert to come up with a plan, as well as considering agency, defendant and plaintiff proposals.

Posted by AJR at 07:35 AM

Dispute Arises in Class Action

Class members in a lawsuit against Colonial Pipeline Co. are complaining that many class members fraudulently joined the suit, many after the $9 million settlement was reached, reports The Advocate. One plaintiff, Gwendolyn Atkins, said, "People who have suffered fear of contamination have to share the money with 'persons who were not remotely affected.'"

Posted by AJR at 07:28 AM

Charges Filed in St. Amant Hazing Incident

The Advocate reports that the 23rd JDC DA has filed bills of information against the St. Amant High School Football Coach and three former players who recently graduated. The charges arise from a hazing incident last fall.

Posted by AJR at 07:20 AM

June 10, 2003

Lafayette Airport Embroiled in Lease Controversy

The Advertiser reports that the Chris Crusta Memorial Airport in Lafayette is involved in a lawsuit regarding conflicting leases on the property. Former Mayor Brady Broussard signed a lease last year granting a Lafayette businessman the right to sell fuel and expand operations at the airport. The expansions now appear to be on hold, but he would still like to sell fuel.

Posted by AJR at 07:42 AM

Senate Panel Rejects Fund for New 19th JDC Courthouse

The Advocate reports that the Senate Revenue and Fiscal Affairs Committee rejected a proposal to finance up to $60 million for a new courthouse in the 19th JDC (Baton Rouge). The bill had full support in the house and another Senate Committee last week.

Sen. Bill Jones, D-Ruston said recent studies have concluded that court costs in Louisiana are out of control. Rising court costs are in danger of denying citizens access to the judicial system, he said.

Posted by AJR at 07:27 AM

June 09, 2003

Several Articles about Lee

The Town Talk reports that prison life is nothing new for Derrick Lee and also reports that money will be a big issue in his defense. The Advertiser reports that the victims' families want the death penalty for Lee.

Posted by AJR at 07:22 AM

June 06, 2003

Attorney James Sharp, Jr. dies at Age 80

The News-Star reports that James Sharp, Jr., a Monroe civil rights attorney and father of two sitting 4th JDC judges, died Thursday afternoon. The article details the obstacles that Mr. Sharp, one of the area's first black attorneys, faced as he began to practice in 1952.

Posted by AJR at 07:48 AM

Shreveport Police to Use Video Cameras in Neighborhoods

The Times reports that Shreveport police will begin using video surveillances to fight crime.

"People whose homes are getting broken into, or stuff is being stolen from their yards, they want the camera," said Stephanie Lynch, president of the Mooretown Neighborhood Strategy Council. "People who feel it's an invasion of privacy, it's 'Big Brother,' they don't want it. Then there are others who just don't understand the scope of the situation. It's a mixed reaction, house to house."

Posted by AJR at 07:41 AM

June 05, 2003

NOLA City Code Now on the Web

The Times-Picayune reports that the New Orleans City Code is now accessible online.

Posted by AJR at 08:17 AM

Man Who Plotted to Kill State Judges Being Released

Middle District Judge James Brady has ordered the conditional release of Kelly Donald Gould, a Denham Springs man once accused of plotting to kill two state judges, reports The Advocate . The release was granted because if Gould remains in prison until his trial his pretrial detention could exceed the potential sentence he faces if convicted. "All together, Gould is looking at 42 months in prison on a gun possession charge, without benefit of a trial," Brady wrote. "If Gould pled guilty today, the court could sentence him to only 41 months. In these unusual circumstances, the court cannot allow pretrial detention to continue." The short sentence results from illegally-obtained evidence being excluded from trial.

Posted by AJR at 08:11 AM

Plaquemine Mayor and Court Settle Differences

Plaquemine Mayor Tony Culotta and City Court Judge William Dupont have resolved a funding dispute that led to a judgment in the 18th JDC ordering the City to pay all of the City Court's reasonable expenses requested in the budged, reports The Advocate.

Issues involved whether the city would pay court costs and attorney fees incurred by the court when filing the lawsuit, whether the city would be held in contempt for allegedly not following the judge's original ruling and whether the judge would grant a new trial

The resolution will result in the dismissal of a motion for contempt of court filed against the City.

Posted by AJR at 08:06 AM

State Loses Attempt to Deny Investigation of Juvenile Conditions

The Advocate reports that Middle District Judge James Brady has given approval to state juvenile court judges to proceed with hearings that will explore conditions at Louisiana's prisons for youthful offenders in Tallulah and Bridge City. The ruling denied a state attempt to block the hearings.

Basically, the juvenile court judges can decide whether individual juveniles are being mistreated at the prisons and can order the juveniles removed from the prisons. What the juvenile court judges cannot do is order the state to fix the prisons, Brady wrote.

Posted by AJR at 08:01 AM

Lee Prosecutors Named

The Advocate reports that East Baton Rouge Prosecutors John Sinquefield and Dana Cummings have been assigned the task of prosecuting accused serial killer Derrick Todd Lee. "John and Dana will end up handling the case at trial, that's kind of my guess right now," District Attorney Doug Moreau said. "I have said many times that I think John Sinquefield is one of the best capital case prosecutors in the country." The East Baton Rouge District Attorney's Office has the record to prove it, scoring an 83% capital punishment conviction rate since Moreau entered office, according to a WAFB broadcast last night.

Posted by AJR at 07:57 AM

Judge Holds Court to Order All Defendants to Return in August

The funding dispute between the Sorrento Town Council and Police Department made life a little more difficult for defendants attending a session of Ascension Parish Court on Wednesday, reports The Advocate. Because of a budget shortfall at the end of the fiscal year, the Sorrento Police Department's secretary was not present and unable to collect the money. Accordingly, Judge Marilyn Lambert ordered all defendants to return in August: "By then, the new fiscal year will have begun, and they will have the money to pay people to collect money."

Posted by AJR at 07:53 AM

June 04, 2003

US Supreme Court Blocks Entergy Refund

The Advocate reports on Monday's United States Supreme Court decision which overturned a refund to Entergy customers saying the Public Service Commission had no jurisdiction.

Although the case involved a relatively small amount of money for customers, utility regulators and some utility industry officials consider the matter important because it centers on a broader question of whether state regulators have the right to pass judgment on decisions made by their federal counterparts.

Posted by AJR at 07:32 AM

June 03, 2003

NOLA Police Department Updates Web Site

The Times-Picayune reports that the New Orleans Police Department has unveiled a new Web site (see the old site here). The site provides weekly criminal reports overlaid on a city map, in addition to providing a form to file reports of minor vandalism and other items not confirmed stolen. Further, the NOPD has been maintaining a Web log on NOLA.com. Excellent. There is no reason that every police and sheriff department in the state should not provide crime maps such as this because the software is available for less than $1,000 and relatively simple to use.

Posted by AJR at 10:12 PM

A Look at Lake Charles Dock Board Legal Bills

The American Press continues requesting and reporting on the Lake Charles Dock Board's legal fees.

The billing reveals that the former Dock Board's outside legal counsel used 12 attorneys from its firm to cover a wide range of issues with the previous port commissioners, including an FBI investigation, the audit, Citgo and Conoco billings and Port Attorney Mike Dees' contract.

Posted by AJR at 07:51 AM

Baton Rouge Man Sues for His DNA

The Times-Picayune reports that Shannon Kohler, the individual compelled to provide his DNA to the serial killer task force last fall, has filed suit for the return of his DNA sample.

Baton Rouge lawyer Dennis Whalen is representing Kohler in efforts to persuade a 19th Judicial District judge to order Kohler's DNA returned. "It's a routine motion to get back your property that's been taken in the search warrant," he said.

Posted by AJR at 07:43 AM

June 02, 2003

A Primer on Voir Dire

The News-Star provides some insights into the voir dire process in preparation for the jury selection of James Divers' second trial. "Court personnel spent time gearing up for a trial they expect to last three weeks or longer, including preparations to accommodate about 300 jury pool members who may be chosen to hear the case. "

Posted by AJR at 07:36 AM

Drell Invested to Western District

The Times also reports on the investiture service held for Judge Dee Drell last Friday.

Posted by AJR at 07:30 AM

Hicks Confirmed to Western District Bench

The Times reports that Shreveport attorney Sam "Maury" Hicks, Jr. has been confirmed to a federal district judge post in the Western District of Louisiana. The article provides more background on Judge Hicks, and supplements this earlier announcement.

Posted by AJR at 07:27 AM
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