39 results for 'judge:"Cox"'.
J. Cox finds that the trial court should not have granted a temporary restraining order to prevent the defendant pipeline operator from constructing a
perpendicular pipeline under plaintiff's pipeline. The plaintiff's servitude did not state that it could prohibit underground crossings. A crossing pipeline that meets applicable spacing, depth separation limits, and other protective requirements is not certain to damage, destroy, injure, or interfere with plaintiff's pipeline. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,534-CA, Categories: Energy, Restraining Order, Contract
J. Cox finds that the worker's compensation court should not have determined that a hospital security guard was permanently disabled and unable to engage in any employment after being involved in altercation with a patient and suffering from PTSD after the patient spit in his face and told him he was HIV positive. There was expert opinion that there is a potential for the guard to eventually engage in employment, and that medication has improved the guard's anger issues. Further, the evidence shows that the guard has cared for his disabled brother for five years, has volunteered with the public, and has cut his neighbor’s lawn at times. Therefore, the record does not reflect the permanency of his condition or the inability to return to the workforce in some capacity. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,490-WCA, Categories: Evidence, Workers' Compensation
J. Cox finds that defendant was properly convicted of attempted simple robbery. In this case, eyewitness bank tellers testified that the person who attempted to rob the bank in a wig and mask was overweight, matching defendant's body type description. Further, defendant's car matched the car that the robber fled in, and officers discovered strands of yellow synthetic hair that came from a wig, as well as a burgundy hat, face mask, jeans, and a shirt in the car that matched the description provided by both eyewitnesses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,591-KA, Categories: Evidence, Robbery
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J. Cox finds that the calculation of a defendant owner's share of funds related to the liquidation of the parties' company should be remanded. The plaintiff owner's petition claimed that the defendant owner was liable for any monetary damages due to his mismanagement of the company. However, under statute, the defendant owner can only be held liable for any improper distribution of funds for two years from the date of the filing of the suit, and the liquidator's report does not reflect this. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,428-CA, Categories: Business Practices, Contract
J. Cox finds that defendant was properly sentenced to simple burglary of an inhabited dwelling. In this case, defendant was identified in a photo lineup by the victim as the person who knocked items off the bathroom window while trying to enter the house, and there was surveillance video showing defendant walking across the victim's driveway. Further, although defendant did not fully enter the house, his upper body crossed the threshold when he tried to enter through the window. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,579-KA, Categories: Burglary, Evidence
J. Cox finds that defendant was properly sentenced to 99 years at hard labor without the benefit of probation, parole, or suspension of sentence on his conviction for armed robbery. In this case, defendant attacked the victim, a former coworker, by beating her, stabbing her, and shooting her multiple times. During commission of the robbery, defendant used deadly force, dangerous weapons, and left his victim for dead. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,530-KA, Categories: Robbery, Sentencing
[Consolidated.] J. Cox finds that the trial court properly dismissed the inmates' suits for injuries sustained in a car accident while being transported to a jobsite. In this case, the inmates were "trusties" and were paid $3 per week. Therefore, under French, the inmates were employees of the Claiborne Parish Police Jury, and their claims fall under worker’s compensation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,406-CA, Categories: Negligence, Workers' Compensation
J. Cox finds that defendant was properly convicted of second degree murder. Defendant does not show that he was given ineffective assistance when defense counsel did not call evaluating doctors to testify during the sanity hearing because there is no evidence that the doctors' testimonies would have differed from their reports that defendant was competent to stand trial. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,448-KA, Categories: Ineffective Assistance, Murder
J. Cox finds that the trial court should not have denied defendant's motion to suppress firearm evidence. There is no direct evidence that defendant gave officers consent to search his residence. Further, even if defendant's consent to search was valid, the seizure of his gun was unlawful. When the officers were informed that defendant had a gun in his apartment, they did not have knowledge that defendant was a convicted felon. In this case, the officers admitted that they lacked probable cause to arrest defendant for the reported aggravated assault, and that it was three days after the seizure when they conducted a criminal background check and discovered defendant was a convicted felon. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,200-KW, Categories: Evidence, Firearms
J. Cox finds that defendant was properly convicted of second degree murder. In this case, defendant did not object to the determination that he was competent to stand trial. Further, autopsy evidence was properly admitted because the photographs were used by the coroner to show the hemorrhage under the victim's scalp and to support the finding that the cause of death was homicide. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,363-KA, Categories: Evidence, Murder
J. Cox finds that the trial court properly determined that a real estate agent, who was also acting as the seller of the property, was liable as the agent but not as the seller on homebuyers' claim for misrepresenting property repairs in a real estate transaction. There was no evidence of water intrusion because repairs were done after the last flood event. Therefore, it would have taken more than a simple inspection to ensure the previous work was sufficient to protect the home against water intrusions. The agent breached his duty to provide correct information to the buyers when he made a disclosure that he knew was not accurate because he had actual knowledge of each water intrusion and the remedies performed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,317-CA, Categories: Evidence, Property
J. Cox finds that the trial court should not have determined that the plaintiff driver was not liable for a car collision. In this case, the defendant driver's testimony that he was traveling in the right-hand lane when the plaintiff driver suddenly merged in front of him from the left-hand lane, leaving him with little time to apply his brakes and avoid the collision, was supported by testimony from a witness and the responding police officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,344-CA, Categories: Evidence, Negligence
J. Cox finds that defendant was properly convicted of the second degree murder of his girlfriend. The state properly admitted the autopsy photos because they were not so gruesome as to inflame the jury. In this case, the state presented the minimum number of photos necessary to reflect the doctor's autopsy report, who opined that any of the twelve gunshot wounds could have been fatal. The photos demonstrated the identity of the victim, the different angles of the wounds, and showed the manner in which she died. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,330-KA, Categories: Evidence, Murder
J. Cox finds that the trial court should not have denied an insurer's motion for summary judgment on a homeowner's claim that he was run over by the insured's employee who was driving to the house to perform painting work. In this case, the insurance policy specifically excludes coverage of any incident resulting in bodily injury that arises from the use or operation of a vehicle, regardless of who owned or operated the vehicle. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,167-CW, Categories: Insurance, Contract
J. Cox finds that defendant was properly convicted of first degree vehicular negligent injuring and hit-and-run driving resulting in death or serious bodily injury. In this case, defendant admitted that he was driving the car that hit the victim and that he was drunk at the time. The victim testified that she witnessed defendant's car speeding and swerving, and at one point, saw him run off the side of the road. Further, the arresting officer testified that defendant was so drunk that he stumbled getting out of his vehicle and was unable to safely perform a field sobriety test. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,262-KA, Categories: Evidence, Vehicle
J. Cox finds that the trial court properly found for the individual on the issue of breach of fiduciary duty against his business partner in the operation of a commercial trucking business. The partner's exception of no cause of action was properly denied because the individual is clearly listed as a manager of the parties' companies in the operating agreement and can bring suit on their behalf. Further, defendant testified that while still managing the companies, he began making a move to another trucking company and informed the number one customer of his move. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,214-CA, Categories: Fiduciary Duty, Contract
J. Cox finds that defendant was properly convicted of first degree rape when the victim is under the age of 13 for the sexual abuse of his stepdaughter. The victim testified that defendant called her into his room from the time she was four or five years old until she was 12 years old and stated that he would rub between her legs up to her vagina, put his body against hers, and put his penis inside her vagina. The victim's sister testified that defendant and the victim would spend time alone in his room with the door closed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,268-KA, Categories: Evidence, Sex Offender
J. Cox finds that the trial court improperly dismissed an inverse condemnation action brought by the property owners against the parish alleging that the parish, engineer and record custodian made the owners' property inaccessible by abandoning and closing a bridge. The placement of a "bridge out" sign and mounds of dirt blocking the bridge did not begin the tolling of prescription in the instant action. The prescriptive period under the statute has not yet begun to run because the bridge has not been repaired or abandoned. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: August 9, 2023, Case #: 55,093-CA, Categories: Government, Property
J. Cox finds that the trial court properly convicted defendant of molestation of a juvenile and correctly sentenced him to five years at hard labor. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant was in a position of control or supervision of the victim when he was her manager at a restaurant and that defendant groped the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: August 9, 2023, Case #: 55,256-KA, Categories: Sex Offender, Child Victims