15 results for 'judge:"Marcotte"'.
J. Marcotte finds that the trial court properly found for a lender, determining that the borrower owes the lender $4.2 million. The lender's records show that the borrower executed the commercial guaranty as manager and member of an aviation company, and the commercial guaranty includes several references to the company's future indebtedness. Further, the guaranty explicitly stated that the borrower was still liable for any debt that the company incurred prior to revocation of his guaranty. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: April 10, 2024, Case #: 55,557-CA, Categories: Banking / Lending, Contract
J. Marcotte finds that defendant was properly convicted of attempted second-degree murder, aggravated burglary, and attempted armed robbery. There was evidence from the victims who knew defendant from previously hiring him that identified him as the attacker. Further, defendant confessed that thought he killed someone that night, and that the attempted murder victim's DNA was found on defendant's belongings, including a weapon. The victim suffered multiple stab wounds, both eyes were destroyed and both ears were punctured, resulting in the victim being blinded, sustaining brain damage, and being unable to find work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,514-KA, Categories: Burglary, Evidence, Murder
J. Marcotte finds that the trial court properly dismissed a wife's petition for protection from abuse from her husband. In this case, the wife does not present sufficient evidence to show abuse to her or the parties' children. The abuse claims were investigated by the sheriff's office, and the wife admitted that that the sheriff's office told her there was no evidence of abuse. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,492-CA, Categories: Family Law, Restraining Order
J. Marcotte finds that defendant was properly convicted of attempted possession of a firearm by a convicted felon. In this case, a gun was found during a traffic stop with defendant as the only occupant in the car, and the gun was under the driver's seat and easily accessible. Further, the traffic stop for a broken taillight was valid, and defendant admitted to the officer that there was a gun in the car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,442-KA, Categories: Evidence, Firearms, Search
J. Marcotte vacates the adjudication of defendant as a second-felony offender because the record shows that he has two predicate felonies,
convictions for simple burglary and possession of cocaine, and should be sentenced as a third-felony offender for his 1999 conviction for vehicular homicide. However, defendant should be sentenced as a third-felony offender under the 2001 amended statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,559-KA, Categories: Sentencing, Vehicular Homicide
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J. Marcotte finds that the trial court properly denied a mother's request to relocate the parties' child and awarded joint custody with the father named as domiciliary parent. The mother has not shown that it is in the child's best interest to move to Kansas, and the father was able to provide a permanent stable home in the city that the child has always resided in. Also, there was evidence of the mother's unwillingness to communicate with the father in the past regarding visitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,653-CA, Categories: Evidence, Family Law
J. Marcotte finds that defendant was properly convicted of possession with intent to distribute marijuana, possession of a firearm while in possession of marijuana, and possession of a firearm by a convicted felon. Defendant's probation officer received an anonymous telephone tip that defendant was at a car wash in possession of a large amount of marijuana and a weapon. Defendant was found in possession of car keys when he was arrested, which gave him dominion and control over the contents of the truck, including the gun, drugs and drug-dealing paraphernalia. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: January 10, 2024, Case #: 55,441-KA, Categories: Drug Offender, Evidence
J. Marcotte finds that the trial court properly precluded a patient from calling any witnesses at trial as a result of his failure to timely file a “will call” witness list in this medical malpractice action. In this case, the patient missed two deadlines to file and exchange witness and exhibit lists, and the patient was notified three weeks before the trial date to compile the witness and exhibit lists but failed to do so. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: January 10, 2024, Case #: 55,413-CA, Categories: Civil Procedure, Medical Malpractice
J. Marcotte finds that defendant was properly convicted of second degree murder for the killing of his half-brother. Defendant does not show that he was acting in self-defense when he shot the victim because, based on expert testimony, the victim was shot five times in the back. Further, the officers who arrived at the scene of the crime testified that they did not observe moisture, blood, or debris on the victim's alleged brass knuckles that defendant claimed he was beaten with. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: January 10, 2024, Case #: 55,435-KA, Categories: Murder, Self Defense
J. Marcotte finds that the trial court properly found for the Department of Children and Family Services on biological parents' claims that their child suffered head trauma and abuse by the foster parent. The Department is not vicariously liable for intentional torts committed by a foster parent because foster parents are not employed by the Department. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: November 15, 2023, Case #: 55,343-CA, Categories: Tort, Negligence, Agency
J. Marcotte finds that the trial court properly resentenced defendant as a third-felony offender to 70 years at hard labor without benefits, to run concurrently with his sentence for attempted armed robbery. In this case, defendant does not show that the mandatory minimum sentence was
unconstitutionally excessive. In the underlying crime, defendant threatened two store employees with a firearm, and one of his co-conspirators died during the robbery when he was shot by a security guard. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: November 15, 2023, Case #: 55,303-KA, Categories: Robbery, Sentencing
J. Marcotte finds that the trial court properly ruled in favor of the purported owner of a disputed property. In this case, the purported owner moved her mobile home onto the property in 1982 and mowed the grass and maintained the property. Also, the record shows that she moved onto the property more than 30 years before a couple acquired title to the land. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: November 15, 2023, Case #: 55,296-CA, Categories: Evidence, Property
J. Marcotte finds that the trial court properly convicted defendant of rape and correctly sentenced him to life imprisonment at hard labor. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant performed sex acts on the victims without their consent. Any error committed by the trial court in admitting hearsay testimony from one victim's mother or from a detective was harmless. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: August 9, 2023, Case #: 55,255-KA, Categories: Sex Offender, Child Victims
J. Marcotte finds that the trial court properly granted a peremptory exception of peremption filed by the construction company and correctly ruled that the subcontractor's breach of contract claim alleging that the company failed to pay for roofing services was time-barred. The subcontractor filed its claim more than five years after the owner occupied the construction project. The claim is therefore perempted under the statute. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: August 9, 2023, Case #: 55,230-CA, Categories: Contract
J. Marcotte finds that defendant was properly convicted of two counts of second-degree murder. Defendant does not show that he was acting in self-defense when he shot the victims. There was testimony that defendant began fighting with the victims and had been looking for them over a dispute concerning his girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: June 28, 2023, Case #: 55,052-KA, Categories: Evidence, Murder, Self Defense