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Court of Appeals of Louisiana

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O'HERN v. DEPARTMENT OF POLICE, 2012-CA-0600. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 19, 2012 Citations: 2012-CA-0600.

CHARLES R. JONES, Chief Judge. The Appellant, Officer Patrick O'Hern, seeks review of the judgment of the Civil Service Commission of the City of New Orleans affirming his termination from his position as an officer for the New Orleans Police Department, the Appellee. Finding that the Civil Service Commission did not err, we affirm the judgment of the Civil Service Commission. The facts are undisputed. Officer O'Hern was a classified Police Officer II on duty on December 12, 2009 with the New...

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LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION v. AGE, 2012-CA-0805. (2012)
Court of Appeals of Louisiana Filed:LA Nov. 28, 2012 Citations: 2012-CA-0805.

EDWIN A. LOMBARD, Judge. In this appeal, the defendant, Cedric Age, seeks a review of the trial court judgment granting the motion for summary judgment filed by the plaintiff, Louisiana Citizens Property Insurance Corporation ("Louisiana Citizens"). The defendant specifically argues that there are genuine issues of material fact that preclude summary judgment. For the following reasons, we affirm. Relevant Facts and Procedural History The defendant, Cedric Age ("Mr. Age"), co-owns a double...

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ASAP COURT REPORTING SERVICES, INC. v. ABEL, 2012 CA 0784. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 28, 2012 Citations: 2012 CA 0784.

NOT DESIGNATED FOR PUBLICATION McCLENDON, J. Defendant seeks review of a confirmed default judgment entered against him. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On May 13, 2011, ASAP Court Reporting Services, Inc. ("ASAP") filed a suit on open account, naming attorney Daniel G. Abel as a defendant. ASAP alleged that Abel was indebted to it in the amount of $6,339.40, representing the amount owed for court reporting services it provided to the defendant. In its...

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LEBLANC v. 1555 POYDRAS CORPORATION, 2012-CA-0597. (2012)
Court of Appeals of Louisiana Filed:LA Nov. 28, 2012 Citations: 2012-CA-0597.

CHARLES R. JONES, Chief Judge. The Appellants, Clyde H. Leblanc and his wife, Joanne Leblanc, seek review of the judgment of the district court granting the motion for summary judgment filed by the Appellee, Lafayette Insurance Company. Finding that the district court erred in granting the motion for summary judgment, we reverse the judgment of the district court and remand this matter to the district court for further review. Clyde H. Leblanc and Joanne Leblanc ("the Leblancs") owned two...

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STATE v. SENEGAL, 12 00716-KW. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 28, 2012 Citations: 12 00716-KW.

NOT DESIGNATED FOR PUBLICATION As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Linda Senegal has this day been DENIED.

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ESTATE OF RIGGS v. WAY-JO, L.L.C., 2011 CA 1651 (2012)
Court of Appeals of Louisiana Filed:LA Dec. 28, 2012 Citations: 2011 CA 1651, C/W 2011 CA 1652.

NOT DESIGNATED FOR PUBLICATION KUHN, J. These consolidated appeals arise from a series of conveyances involving immovable property located in Greensburg, Louisiana, and the related mineral rights. For the following reasons, we reverse in part and affirm in part. PROCEDURAL AND FACTUAL BACKGROUND At some point during December 1998 or January 1999, Robert E. Riggs (Riggs) suffered a stroke. During this period, Riggs made several visits to North Oaks Medical Center (North Oaks) in Hammond,...

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LE v. THE BRADFORD GROUP, LLC, 12 00439-CA. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 26, 2012 Citations: 12 00439-CA.

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Robert Gregory Brazell has this day been DENIED. As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Brandon Hargrave and The Bradford Group, LLC has this day been DENIED.

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CONN-BARR, LLC v. FRANCIS, 12 00348-CA. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 26, 2012 Citations: 12 00348-CA.

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Conn-Barr, LLC has this day been. DENIED. Cooks, J., would grant rehearing.

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LANDRY v. PSA OF LAFAYETTE, LLC, 12-00277-CA. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 26, 2012 Citations: 12-00277-CA.

As counsel of record in the captioned case, you are hereby notified that: The motions for rehearing filed by Ryan D. Landry, et al. and Camille Landry, et al. have this day been GRANTED . The case is set for oral argument on February 27, 2013 at 10:30 a.m. Amy, J., would deny rehearing. The motions for reconsideration en banc filed by Ryan D. Landry, et al. and Camille Landry, et al. have this day been DENIED . Saunders, J., would grant en banc rehearing.

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BROUSSARD v. MARTIN OPERATING PARTNERSHIP, 11-01559-CA. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 26, 2012 Citations: 11-01559-CA.

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Marcus Broussard, Jr., et al has this day been DENIED.

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STATE v. TENORIO-PALMA, 2012 KA 0890. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0890.

NOT DESIGNATED FOR PUBLICATION WHIPPLE, Judge. The defendant, Ricardo Tenorio-Palma, was charged by bill of information with one count of attempted first degree murder (count I), a violation of LSA-R.S. 14:27 and LSA-R.S. 14:30; and one count of armed robbery (count II), a violation of LSA-R.S. 14:64. He pled guilty pursuant to a plea agreement, and was sentenced on each count to fifty years at hard labor, without benefit of probation, parole, or suspension of sentence, with the sentences to...

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STATE v. MARTIN, 2012 KA 0867. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0867.

NOT DESIGNATED FOR PUBLICATION CARTER, C.J. The defendant, Brian C. Martin, was charged by bill of information with aggravated flight from an officer (count 1), a violation of La. Rev. Stat. Ann. 14:108.1, and simple burglary (count 2), a violation of La. Rev. Stat. Ann. 14:62. He pled not guilty and, following a jury trial, was found guilty as charged on both counts. The defendant filed a motion for new trial and a motion for postverdict judgment of acquittal, both of which were denied....

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STATE v. CARUSO, 2012 KA 0866. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0866.

NOT DESIGNATED FOR PUBLICATION McCLENDON, J. The defendant, Dennis Ray Caruso, Jr., was charged by bill of information with one count of home invasion, a violation of LSA-R.S. 14:62.8, and pled not guilty. Following a jury trial, he was found guilty as charged. He moved for a new trial and for a postverdict judgment of acquittal, but the motions were denied. He was sentenced to eighteen years at hard labor, with five years without benefit of probation, parole, or suspension of sentence. He...

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STATE v. JUNEK, 2012 KA 0865. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0865.

NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. The defendant, Timothy Junek, was charged by bill of information with sexual battery, a violation of La. R.S. 14:43.1. He pled not guilty and, following a jury trial, was found guilty as charged. The defendant filed a motion for post-verdict judgment of acquittal and a motion for new trial, both of which the district court denied. He was sentenced to twenty-five years at hard labor without benefit of probation, parole, or suspension of sentence....

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STATE v. LAUGA, 2012 KA 0842. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0842.

NOT DESIGNATED FOR PUBLICATION GAIDRY, J. The defendant, William David Lauga, was charged by bill of information with armed robbery, a violation of La. R.S. 14:64. He pled not guilty. Following a jury trial, he was found guilty by a unanimous verdict. He made motions for post-verdict judgment of acquittal and for a new trial, which were both denied by the trial court. He was sentenced to sixty-five years imprisonment at hard labor, without benefit of parole, probation, or suspension of...

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STATE OF LOUISIANA v. DUPERON, 2012 KA 0810. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0810.

NOT DESIGNATED FOR PUBLICATION McDONALD, Judge. Defendant, Carl Anthony Duperon, was charged by bill of information with one count of aggravated arson, a violation of La. R.S. 14:51. He pled not guilty and, after a jury trial, was found guilty as charged. The trial court denied defendant's motions for new trial and postverdict judgment of acquittal, and he was sentenced to imprisonment at hard labor for eighteen years, with the first two years of his sentence to be served without benefit of...

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STATE v. DELANEY, 2012 KA 0805. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0805.

NOT DESIGNATED FOR PUBLICATION GUIDRY, J. Defendant, Rondell Delaney, and two codefendants were charged by bill of information with one count of armed robbery, a violation of La. R.S. 14:64. 1 He pled not guilty and, after a jury trial, was found guilty as charged. The trial court denied defendant's motions for new trial and postverdict judgment of acquittal and sentenced defendant to serve thirty-five years at hard labor, without benefit of parole, probation, or suspension of sentence....

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STATE v. BURGE, 2012 KA 0761. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0761.

NOT DESIGNATED FOR PUBLICATION KUHN, J. Appellant, the State of Louisiana, appeals the trial court's denial of its motion to reconsider the five-year sentence imposed on the defendant-appellee, Mark A. Burge, pursuant to the defendant's motion to correct illegal sentence. For the following reasons, we vacate the five-year sentence and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND On July 28, 1976, when the defendant was seventeen years old, he kidnapped and raped a woman. He...

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STATE v. ROBERTSON, 2012 KA 0743. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0743.

NOT DESIGNATED FOR PUBLICATION WHIPPLE, J. The defendant, Ralph Greg Robertson, was charged by grand jury indictment with aggravated rape, a violation of LSA-R.S. 14:42. 1 The defendant pled not guilty. Following a jury trial, the defendant was found guilty of the responsive offense of simple rape, a violation of LSA-R.S. 14:43. He was sentenced to twelve years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The defendant now appeals, designating...

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STATE v. CYPRIAN, 2012 KA 0736. (2012)
Court of Appeals of Louisiana Filed:LA Dec. 21, 2012 Citations: 2012 KA 0736.

NOT DESIGNATED FOR PUBLICATION McCLENDON, J. Defendant, Dedrin Cyprian, was charged by grand jury indictment with aggravated rape, a violation of LSA-R.S. 14:42. He entered a plea of not guilty. After a trial by jury, defendant was found guilty as charged. The trial court sentenced defendant to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. Defendant now appeals, raising ineffective assistance of counsel. For the following reasons, we...

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