30 results for 'judge:"Gravois "'.
J. Gravois finds that defendant was properly convicted of two counts of aggravated rape upon a known juvenile, aggravated oral sexual battery upon a known juvenile, and sexual battery upon a known juvenile for sexually abusing his granddaughter when she was a child. A phone recording of surveillance-camera footage displayed on the victim's television showing defendant admitting to the abuse was properly admitted because the recording is an admissible duplicate under statute. When a ���document��� offered in evidence is a mechanical reproduction of the original, it is admissible unless a defendant can show that its content does not accurately reflect the original. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: July 10, 2024, Case #: 23-KA-400, Categories: Evidence, Sex Offender
J. Gravois finds that a juvenile was properly adjudicated delinquent on simple arson and simple battery. In this case, it is clear that the judge meant to adjudicate the juvenile delinquent of simple arson where the damage done amounted to less than five hundred dollars because the sentence imposed was a disposition of one year, and the juvenile court suspended that disposition and placed the juvenile on active probation for eighteen months. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 18, 2024, Case #: 24-KA-136, Categories: Juvenile Law, Arson
J. Gravois finds that the trial court should not have denied a husband's exceptions of no cause of action and no right of action to the rule of contempt. The rule for contempt filed by the wife's accountant is not a valid suit for a money judgment for work performed related to a partition proceeding and does not state a valid cause of action. Further, the consent judgments at issue do not order the husband to pay the accountant any particular invoices or amounts, and the judgments only determine which party to the suit shall eventually be responsible for payment of the accountant���s fees, once legally established. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 17, 2024, Case #: 24-C-173, Categories: Contempt, Family Law
J. Gravois finds that the trial court properly denied a patient's motion to declare unconstitutional the Louisiana Health Emergency Powers Act, which provides that during a state of a public health emergency, a healthcare provider shall not be civilly liable for causing injury to any person except in the event of gross negligence. The purpose of the Act is to protect the health and safety of the citizens during a public health emergency and to alleviate the liability burden on healthcare providers during public health emergencies. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 13, 2024, Case #: 24-C-65, Categories: Constitution, Health Care, Medical Malpractice
J. Gravois finds that the trial court should not have set aside dismissal of an abandoned suit because the trial court improperly relied on hearsay, unauthenticated and insufficient evidence to set aside the judgment. The record shows that an individual's current counsel���s assertions at the hearing that the deposition notice was served upon defense counsel by the individual's former counsel, by email, are uncorroborated and based on inadmissible hearsay evidence. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 31, 2024, Case #: 24-C-78, Categories: Civil Procedure, Evidence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gravois finds that the trial court should not have granted the alleged property owners' exception of no cause of action on a resident's claim for ownership based on a ���Bond for Deed��� contract she entered into with her deceased sister and the original owner. Under statute, the resident should have been allowed time to amend her petition to add the parties needed for a just adjudication of the matter: the record owner of the property at the time the suit was filed and the heirs or legatees of the resident's deceased sister. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 29, 2024, Case #: 23-CA-535, Categories: Property, Contract
J. Gravois finds that the trial court properly found for a sister on her conversion and breach of contract claims against her sibling for not returning $11,000 to her. Both parties admitted, and their brother observed, the sister endorse the check to her sibling. The sister stated that as a recovering alcoholic who was arrested for theft while working for her sibling's cafe, she did not feel comfortable managing the money. The record shows that the sibling admitted that she did not return the money after being asked because the sister stole money from her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 29, 2024, Case #: 23-CA-417, Categories: Contract
J. Gravois finds that the trial court properly denied an inmate's petition for writ of mandamus directed to the clerk of court for a public records request related to the grand jury vote count on the inmate's second degree murder indictments. The clerk of court informed the inmate that it did not maintain the information he requested and, if he wanted to have a copy of the grand jury return minute entry and his bill of indictment, he was required to submit a payment of $9. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 29, 2024, Case #: 23-CA-532, Categories: Public Record, Contract
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: Evidence, Search
J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs��� home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: Civil Procedure, Contempt
J. Gravois finds that defendant was properly convicted of aggravated burglary. There was testimony from a witness that he drove defendant and his accomplices to the house that was burglarized and that they entered wearing knit caps and gloves and with guns. There was surveillance video showing defendant hiding under the carport after the burglary, and defendant's DNA was found on a discarded knit cap. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 19-KA-77, Categories: Burglary, Evidence
J. Gravois finds that defendant was properly convicted of first degree rape upon a known juvenile under the age of thirteen. Defendant's motion to suppress his statement was properly denied because he was read an advice of rights form, which notified him of his Miranda rights in English, and he was shown the advice of rights form, which is also in Spanish. Further, the interrogating officer testified that she spoke to defendant in English and he responded in English, and he did not have trouble understanding her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 23-KA-323, Categories: Miranda, Sex Offender
J. Gravois finds that the trial court properly dismissed a patient's medical malpractice claim against a medical provider after the patient, who was given morphine and discharged from the emergency room, tripped while attempting to walk to the bus stop. The patient does not show that the medical provider violated its guidelines when it left the patient unattended outside in a wheelchair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-188, Categories: Evidence, Medical Malpractice
J. Gravois finds that the district court properly terminated a mother's parental rights to her child. In this case, the mother has not complied with her case plan because she did not take the initial steps to register for an assessment with the Office for Citizens with Developmental Disabilities, did not finish parenting classes, did not complete mental health counseling, and did not take her medication. Further, there is no evidence that the mother's parental rights were terminated only because of her intellectual limitations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-491, Categories: Evidence, Family Law
J. Gravois finds that the district court should not have granted defendant's request for an out-of-time appeal of her convictions and sentences because the appeal was not timely filed within two years after her appeal delays expired or 30 days from the date of her guilty pleas to drug violations. However, defendant timely sought review of her probation revocation after her probation was revoked. Reversed and vacated in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 26, 2024, Case #: 23-KH-608, Categories: Drug Offender, Sentencing
J. Gravois finds defendant���s eight-year sentence for the sexual battery of a minor was not unconstitutionally excessive, as similar sentences have been imposed for similar crimes. Further, the sentence is appropriate because defendant violated a position of trust ��� earned by giving her candy ��� with a vulnerable minor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-274, Categories: Sentencing, Sex Offender
Gravois affirms the trial court���s sentence of 40 years and 10 years, to be served consecutively, for defendant���s sexual abuse of his own daughter. The evidence was consistent and sufficient, defendant had adequate legal counsel, the defense was able to present its own theory and evidence and the sentence was not excessive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-262, Categories: Evidence, Sentencing, Sex Offender
J. Gravois finds that the trial court properly granted joint custody of the parties' children. Res judicata was properly granted as to the mother's allegation regarding the father's alleged sexual abuse of the children because the multiple petitions for protection from abuse by both parties have all been filed in the same district court proceeding. The allegations of sexual abuse against the children were fully litigated and were dismissed with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 20, 2023, Case #: 23-CA-46, Categories: Evidence, Family Law
J. Gravois finds that the trial court properly granted a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Further, the trial court properly granted the law clerk's motion for attorney fees because there was no evidence showing a "willful act in the use of the process not proper in the regular prosecution of the proceeding." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-CA-592, Categories: Evidence, Attorney Fees, Contract
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: Evidence, Judiciary, Contract
J. Gravois finds that the trial court properly determined the mother to be the domiciliary parent in the parties' custody dispute. The mother testified that she was the children's primary caregiver, and that she manages the children���s activities, their medical and dental appointments, schooling, summer camps, and piano lessons. Further, since the parties' separation, the children have lived with her except for Tuesday and Wednesday nights and every other weekend. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 6, 2023, Case #: 23-CA-116, Categories: Evidence, Family Law
J. Gravois finds that the trial court properly found for a restaurant on a patron's slip and fall action. The video evidence shows that the patron was not using an umbrella when he entered the building even though it was drizzling, supporting the restaurant's contention that the patron's clothes could have been damp. Further, the video shows that the area where the slip occurred had been mopped 31 minutes before the accident, and no one had walked through that area before the fall. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 1, 2023, Case #: 22-CA-599, Categories: Evidence, Negligence
J. Gravois finds that defendant was properly convicted of manslaughter for the death of another inmate. Defendant was not allowed to elicit testimony from an inmate witness regarding other investigations because those investigations were not relevant to the matter. Defendant was allowed to cross-examine the witness regarding his convictions, his statement regarding the instant case, and the details of his plea agreement. Further, evidence of defendant's past crimes was properly admitted because, in both crimes, defendant punched the victims in the face hard enough to break their jaws, showing a pattern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 29, 2023, Case #: 23-KA-128, Categories: Evidence, Manslaughter, Witnesses
J. Gravois finds that defendant was properly convicted as a principal to second degree murder based on the admission of evidence of the content of two 911 calls. In this case, the information relayed to the the 911 operators was necessary to resolve an ongoing emergency of hearing gunshots and people fleeing the scene of the gunshots. The 911 calls were not testimonial because the conversations between the callers and 911 operators were not in formal settings, but in the immediate aftermath of the incident and before the police arrived on the scene. Therefore, the admission of the calls did not violate defendant's right to confrontation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 15, 2023, Case #: 23-KA-55, Categories: Confrontation, Evidence, Murder
J. Gravois finds that defendant was properly convicted of third degree rape upon a known juvenile. The state properly admitted defendant's video-recorded statement, where he admitted to knowing and staying with the victim's grandmother when the rape occurred. Defendant was given notice of the statement five days before the start of trial because the state only became aware of the statement at that time. Further, defendant does not show how the video prejudiced him because the state's witnesses corroborated the evidence in the video. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 8, 2023, Case #: 23-KA-103, Categories: Evidence, Sex Offender
J. Gravois finds that the trial court properly dismissed a daughter's claim against a nursing home arising out of her deceased mother suffering a fall. In this case, the daughter does not state a cause of action for gross negligence or willful misconduct. At the time of the mother's fall, a public health
emergency was declared due to COVID and the nursing home was a healthcare provider. Therefore, under the Louisiana Health Emergency Powers
Act, "no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: October 31, 2023, Case #: 23-CA-68, Categories: Evidence, Medical Malpractice