22 results for 'judge:"Gremillion"'.
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: Negligence, Experts, Wrongful Death
J. Gremillion finds that the chemical company may be liable for a tree on its property falling on a truck and killing the passenger. The company asserts that the tree failed because of brown rot in its trunk that it could not have reasonably discovered. However, the family sufficiently alleges that a lightning strike caused the brown rot and that the missing crown, flat top, unbalanced canopy, precarious lien, lightning scar and gap between the roots and the ground all should have been clear signs that something was wrong.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CW-23-379, Categories: Negligence, Wrongful Death
J. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: Sentencing, Sex Offender, Child Victims
J. Gremillion finds that defendant was properly convicted for the second-degree murder of his wife. Defendant claims that the trial court should have allowed him to present his defense that he was too intoxicated to form specific intent when he fatally shot his wife, but nothing on record shows that the trial court limited his intoxication defense, and his stepdaughters consistently testified that defendant and his wife fought before she died. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-614, Categories: Evidence, Murder
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J. Gremillion finds the lower court improperly accepted defendant’s guilty plea. Defendant pleaded guilty via an Alford plea, and was convicted of raping his step-daughter for which he received a sentence of 20 years hard labor without the possibility of probation, parole or suspension of sentence. On appeal, defendant argues there was insufficient evidence to support his guilty plea so the lower court should never have accepted it. The instant court agrees the lower court failed to find sufficient factual basis for accepting defendant’s plea, and remands the matter for an evidentiary hearing to determine if there is sufficient evidence to support the guilty plea and to determine if it was knowingly and voluntarily given.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: March 13, 2024, Case #: 23-681, Categories: Evidence, Sex Offender, Due Process
J. Gremillion finds that the trial court improperly granted summary judgment as to design defect and other claims in a customer's suit over injuries suffered at an amusement park that occurred when he landed head-first while exiting a slide. There are genuine issues of fact as to whether a deviation from the slide template caused the customer's injuries. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: February 28, 2024, Case #: CA-23-446, Categories: Evidence, Negligence, Product Liability
J. Gremillion finds that defendant was properly convicted on charges including second degree murder and firearm possession by a convicted felon after the fatal shooting of a victim in front of a home during a drug buy. The witness testimony and video evidence was sufficient to identify defendant as the shooter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 31, 2024, Case #: KA-23-425, Categories: Firearms, Murder, Identification
J. Gremillion finds that the lower court properly upheld the school board's firing of a non-tenured teacher who alleged she was terminated due to her breast cancer. The teacher lacked a property interest in her continued employment since she was non-tenured. Also, the superintendent's decision was not arbitrary or capricious because there was substantial evidence the teacher did not enter student grades in a timely manner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 24, 2024, Case #: CA-23-476, Categories: Administrative Law, Education, Employment
J. Gremillion finds that the trial court properly dismissed the dealer services company's breach of contract suit against the automotive group over the failure to meet sales quotas for various services including extended warranty contracts. The witness and expert testimony supports the finding that the dealer agreement was not valid due to a forged signature. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 29, 2023, Case #: CA-23-195, Categories: Vehicle, Contract
J. Gremillion finds that defendant was properly convicted of first degree murder for the shooting deaths of two victims who were found deceased in a car off the side of the road. There was sufficient evidence to connect defendant to the murders, including witness testimony and his own incriminating statements. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 22, 2023, Case #: KA-23-298, Categories: Evidence, Murder, Sentencing
J. Gremillion finds that the trial court partly erred in its partition of community property between the former spouses. For instance, the specified checking and savings accounts should not have been deemed the ex-husband's separate property without considering "the funds existing when the community was still intact." Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 2, 2023, Case #: CA-22-741, Categories: Family Law, Property
J. Gremillion finds that defendant was properly convicted and sentenced for murder and obstruction of justice for the shooting death of her estranged husband in a store parking lot during a child custody exchange. The surveillance video and other evidence was sufficient to show that defendant was not acting in self-defense when she shot the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: October 25, 2023, Case #: KA-22-665, Categories: Murder, Sentencing, Self Defense
J. Gremillion finds that the workers' compensation judge improperly ruled in favor of the painter on his claim for benefits after he fell off a roof while installing Christmas lights. The painter was not a covered employee under the Workers’ Compensation Act since he was working at an individual's private residence and did not receive more than $1,000 for the work. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: October 18, 2023, Case #: WCW-22-727, Categories: Employment, Workers' Compensation
J. Gremillion finds that the trial court improperly maintained the doctor's exception of no cause of action in the family's suit over the disfigurement of their loved one's body that occurred during the harvesting of her organs after her death. "The first and fourth circuits have recognized the principle that family members have causes of action for the mishandling of a relative's corpse." Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: September 20, 2023, Case #: CA-22-775, Categories: Civil Procedure, Negligence, Emotional Distress