Joe W. Sanders

The case concerned whether an attorney, discharged without cause by his client before completing services in a personal injury claim, could recover the full percentage fee under a recorded contingent fee contract when the client later settled. The Supreme Court of Louisiana affirmed the Court of Appeal's award of one-third of the $75,000 settlement to the attorney. The court reasoned that the contract complied with LSA-R.S. 37:218, granting the attorney an interest in the claim and rendering any settlement without his consent null and void, and that such contracts are valid and enforceable to promote access to legal services when the discharge lacks cause. It distinguished this from quantum meruit recovery, which applies only when discharge is for cause.

procedure

The case involved defendant Aubrey Joseph Lecompte, who was charged with four counts of attempted forcible rape arising from separate incidents over two months in which he approached women driving alone on the interstate, claimed a problem with their right rear tire, directed them to exit, and then attempted to rape each after offering to tighten the lug nuts. The defendant moved to quash and sever the counts for separate trials, contending that joinder would confuse the jury given the different victims, dates, and alibi defenses for some counts. The Louisiana Supreme Court upheld the denial of severance, reasoning that the offenses were of similar character under the Code of Criminal Procedure and that evidence of the other acts was admissible to prove identity and intent under the similar acts doctrine, provided the acts were distinctively similar and relevant to a fact at issue. The court also addressed the exclusion of psychiatric testimony offered to negate specific intent, concluding it was inadmissible absent a plea of legal insanity.

criminal lawprocedure

In State v. Burch, the State of Louisiana charged Wrestle, Inc. and its president Daniel Burch with two counts of displaying obscene materials under LSA-R.S. 14:106, based on magazines containing explicit photographs of sexual acts. A jury convicted the corporation on one count but acquitted it and Burch on the others, leading to a fine for the corporation. The Louisiana Supreme Court affirmed the conviction and sentence, holding that no prior adversary hearing was required because the materials depicted ultimate sexual acts, that the obscenity statute was constitutional under Miller v. California standards including contemporary community standards and prurient interest, and that the prosecution properly established scienter through evidence of prior notice rather than imposing strict liability. The court rejected challenges to the jury verdict system and bill of particulars requests as they concerned factual issues for the jury.

criminal lawfree speech

In State v. Williams, the defendant was convicted of second degree murder after a jury trial for robbing and striking a 75-year-old victim, who died three weeks later from her injuries, and was sentenced to life imprisonment without parole or probation for forty years. On appeal to the Louisiana Supreme Court, the defendant raised multiple assignments of error concerning the admission of a redacted confession, hearsay identification testimony, the validity of a search warrant, and jury instructions on manslaughter and witness credibility. The court affirmed the conviction and sentence, holding that the confession was properly found voluntary after the state met its burden of proof, any evidentiary errors were not prejudicial, objections to jury instructions were untimely or without merit, and abandoned assignments required no review. The reasoning drew on statutory requirements for confessions and prior case law allowing redaction of references to other crimes while permitting the defendant to demand the full statement.

criminal lawprocedure

The case involved the conviction of David Hill Lawrence for second-degree murder after he was accused of causing his wife's death by striking her head during an altercation at their residence. The Louisiana Supreme Court affirmed the jury's guilty verdict and the life sentence without parole, probation, or suspension for forty years, rejecting the defendant's multiple assignments of error concerning the indictment, admissibility of statements to police and a telephone conversation, cross-examination on failure to testify before the grand jury, a witness's violation of a sequestration order, and introduction of a crime-scene sketch. The court reasoned that many objections were not properly preserved or raised at trial, certain evidence was admissible as declarations against penal interest or for corroboration, and any procedural issues like the sequestration violation caused no prejudice to the defendant.

criminal lawprocedure

The case Oubre v. Hinchman was an application to the Louisiana Supreme Court seeking review of a lower court decision through a writ. The court denied the writ on December 14, 1978, leaving the underlying ruling in place. No reasoning or opinion was issued with the denial. Three justices dissented, indicating they would have granted the writ to hear the matter.

procedure