PAUL A. BONIN , Judge . Thomas McMasters, an employee of New Orleans Police Department who had gained permanent status in the City's civil service, timely appealed the decision of the New Orleans Civil Service Commission upholding the discipline imposed by Superintendent Ronal Serpas, the appointing authority. Superintendent Serpas dismissed McMasters from the NOPD and suspended him for two ten-day periods after he determined that, on November 8, 2009, Mr. McMasters filed a false police...
NOT DESIGNATED FOR PUBLICATION KUHN, J. Defendant, Bobby Weatherton, was charged by grand jury indictment with aggravated rape, a violation of La. R.S. 14:42 (count one), and second degree kidnapping, a violation of La. R.S. 14:44.1 (count two). He pled not guilty. After a jury trial, defendant was found guilty as charged on both counts. 1 He filed a motion for new trial, which the trial court denied. On count one, the trial court sentenced defendant to the mandatory term of life...
NOT DESIGNATED FOR PUBLICATION KUHN, J. Defendant, Preston Nelson, was charged by grand jury indictment with three counts of second degree murder, violations of La. R.S. 14:30.1 (counts 1, 3, and 4); attempted second degree murder, a violation of La. R.S. 14:27 and La. R.S. 14:30.1 (count 2); and possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1 (count 5). Defendant pled not guilty to the counts and, following a jury trial, was found guilty as charged on all...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. The defendant, Byron R. Jones, was charged by bill of information #487129 with one count of possession of a schedule IV controlled dangerous substance (carisoprodol) (count I), a violation of La. R.S. 40:969(C); one count of possession of a schedule II controlled dangerous substance (oxycodone) (count II), a violation of La. R.S. 40:967(C); and two counts of distribution of a schedule II controlled dangerous substance (cocaine) (counts III and...
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. The defendant, Alvis Noland Baham, was charged by bill of information with possession of a Schedule II controlled dangerous substance, methamphetamine, in violation of LSA-R.S. 40:967(C); see also LSA-R.S. 40:964. The defendant entered a plea of not guilty. Following a trial by jury, the defendant was found guilty as charged. The trial court denied the defendant's motion for postverdict judgment of acquittal and motion for new trial and imposed...
NOT DESIGNATED FOR PUBLICATION KUHN, J. Defendant, Jerry Wayne Price, was charged by bill of information with two counts of distribution of cocaine, violations of La. R.S. 40:967(A)(1), and pled not guilty on each count. Following a jury trial, he was found guilty as charged on both counts. He was sentenced, on each count, to twenty-five years at hard labor. He moved for reconsideration of sentence, but the motion was denied. Thereafter, the State filed a habitual offender bill of...
NOT DESIGNATED FOR PUBLICATION WELCH, J. The defendant, Panagiotis I. Kondylis, was charged by felony bill of information with distribution of a schedule II controlled dangerous substance (cocaine), a violation of Louisiana Revised Statutes section 40:967A(1). He pled not guilty and, following a jury trial, was found guilty as charged. 1 He filed a motion for postverdict judgment of acquittal, which was denied. The State subsequently filed a multiple offender bill of information. 2 At the...
NOT DESIGNATED FOR PUBLICATION McDONALD, Judge. The defendant, Melvin in L. Trosclair, was charged by bill of information with possession of a schedule 11 controlled dangerous substance (cocaine) with intent to distribute, a violation of Louisiana Revised Statutes section 40:967A(1). The defendant pled not guilty. Following a jury trial, he was found guilty of the responsive offense of possession of a schedule II controlled dangerous substance (cocaine), a violation of Louisiana Revised...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. The defendant, Larry Miles, was charged by bill of information with two counts of attempted manslaughter, violations of La. R.S. 14:27 and 14:31(A). He pled not guilty and, following a jury trial, he was found guilty as charged on both counts. The defendant filed a motion for post-verdict judgment of acquittal. After a hearing, the trial court granted the motion and filed written reasons into the record. The State now appeals, designating one...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, Judge. In this highly contentious custody dispute, the mother appeals the trial court judgment awarding sole custody of the children to their father. The mother also challenges the constitutionality of the hearing officer system in the 22nd judicial district court. For the following reason, we affirm the judgment of the trial court. FACTUAL AND PROCEDURAL HISTORY Dmitri 1 Ikonitski and Kateryna Ikonitski were married in 2006. During their...
NOT DESIGNATED FOR PUBLICATION THERIOT, J. In this case involving parole eligibility for a prisoner serving a life sentence for a second degree murder conviction, the prisoner appeals a screening judgment dismissing his claims. We affirm. Willie Thomas, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, filed a complaint regarding parole eligibility styled as a petition for injunctive and declaratory relief and plea of unconstitutionality. Thomas alleges...
NOT DESIGNATED FOR PUBLICATION WHIPPLE, C.J. This matter is before us on appeal by the plaintiff, Linda R. Kennett, from a judgment of the trial court denying her motion for partial summary judgment and granting summary judgment in favor of the defendants, the Department of Public Works through the City of Bogalusa. For the reasons that follow, we reverse in part, affirm in part, and remand. FACTS AND PROCEDURAL HISTORY On April 7, 2011, Kennett exited the Bogalusa City Hall building,...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. In this case, a man was tragically crushed to death beneath an 18-wheeler tractor trailer when the trailer's support columns sank through the asphalt surface of a commercial parking lot. Pursuant to summary judgment, the trial court dismissed the claims of the decedent's family against the owners of the parking lot and the water company that serviced the area. These appeals followed. We affirm the trial court's judgment. BACKGROUND On the...
NOT DESIGNATED FOR PUBLICATION WELCH, J. The plaintiff, Phillip Harrison, appeals a judgment sustaining the peremptory exception raising the objection of no cause of action filed by the defendant, Slidell Specialty Hospital, L.P. d/b/a Southern Surgical Hospital ("SSH") and dismissing his action for damages against SSH. For reasons that follow, we reverse in part and affirm in part. FACTUAL AND PROCEDURAL HISTORY On November 21, 2008, Mr. Harrison underwent a total hip replacement performed...
NOT DESIGNATED FOR PUBLICATION KUHN, J., Plaintiff-appellant, Eugene Bogle, appeals from a trial court judgment dismissing his claim for personal injury damages allegedly resulting from a vehicular accident. For the following reasons, we reverse that portion of the trial court judgment and render judgment awarding plaintiff personal injury damages. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff was stopped at a red light in St. Tammany Parish on December 23, 2010, when the automobile he was...
NOT DESIGNATED FOR PUBLICATION WHIPPLE, C.J. This appeal involves an action by an employee against his former employer for unpaid vacation pay. The employer filed a motion for summary judgment on the grounds that all wages owed to the employee, including unused vacation pay, were promptly paid at the time of his resignation. The trial court granted the motion for summary judgment and dismissed the employee's claim. For the following reasons, we affirm. PROCEDURAL HISTORY Dale Gremillion...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. Plaintiff, Betty Jo Vaughn, appeals the trial court's dismissal of her uninsured/underinsured motorist claim against defendant, State Farm Mutual Automobile Insurance Company. For the following reasons, we affirm. BACKGROUND On July 7, 2009, Vaughn's vehicle was hit from behind by a driver who was insured by Liberty Mutual Insurance Company. Because Vaughn suffered neck and back injuries in the accident, she brought suit for damages against...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. The primary issue in this Civil Service Commission appeal is whether the appointing authority has proven by a preponderance of the evidence charges sufficient to justify the disciplinary action, a three-day suspension without pay, taken against appellant. We affirm the Commission's decision. BACKGROUND Appellant, Lisa Pike, was employed by the Department of Revenue, Office of Alcohol and Tobacco Control (ATC) as an Administrative Assistant 3...
NOT DESIGNATED FOR PUBLICATION CRAIN, J. The defendant appeals a judgment denying its rule to fix costs. We affirm. FACTS AND PROCEDURAL HISTORY Byard Edwards, Jr. instituted this proceeding against his uninsured motorist insurer, Louisiana Farm Bureau Mutual Insurance Company, seeking to recover damages for personal injuries arising out of an automobile accident and asserting a bad faith claim for penalties and attorney's fees pursuant to Louisiana Revised Statutes 22:1892 and 22:1973....
NOT DESIGNATED FOR PUBLICATION CRAIN, J. The defendant appeals a judgment awarding costs to the plaintiff. We amend and affirm the judgment as amended. FACTS AND PROCEDURAL HISTORY Byard Edwards, Jr. instituted this proceeding against his uninsured motorist insurer, Louisiana Farm Bureau Mutual Insurance Company, seeking to recover damages arising out of an automobile accident Edwards sought recovery for personal injuries, exemplary damages, and penalties and attorney's fees pursuant to...
