19 results for 'judge:"Stiles"'.
J. Stiles finds that the trial court properly found that the accused driver did not cause the alleged injuries and damages of the plaintiff driver who sued over an auto accident. The record supports the jury's rejection of the plaintiff driver's claim that the subject accident caused her injuries as opposed to her prior accident from a few days earlier. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CA-23-700, Categories: Negligence
J. Stiles finds that defendant was properly convicted and sentenced for the second-degree murder of his wife after shooting her in their trailer. Defendant's claim that two letters he allegedly wrote while he was in jail and awaiting trial were improperly admitted lacks merit since the letters were authenticated by two witnesses. Also, the probative value of the letters outweighed any prejudicial effect. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: KA-23-629, Categories: Evidence, Murder
J. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: Insurance, Contract
J. Stiles finds that defendant was properly convicted of domestic abuse battery child endangerment and second degree robbery after an incident in which he punched his girlfriend at her home and took her car. There was sufficient evidence to show the "nexus between the infliction of serious bodily injury upon the victim ... and the taking of her car." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: KA-23-604, Categories: Robbery, Battery, Domestic Violence
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: Insurance, Settlements, Contract
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J. Stiles finds that the trial court properly ruled in favor of the residential facility owner in a mother's suit over the shooting death of her minor son by gang members 40 days after he voluntarily left the facility. The mother did not show the facility owner had a duty to "physically restrain" the minor from leaving the facility or to protect him from the risk he encountered upon his departure. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-664, Categories: Negligence, Wrongful Death
J. Stiles finds that the trial court improperly dismissed the business patron's suit alleging battery and false imprisonment with a dangerous weapon by a police officer who had responded to a complaint of overcrowding at a party. The patron's claims were subject to the two-year prescriptive period instead of the one-year prescriptive period since they involved "crimes of violence" by the officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: CA-23-521, Categories: Civil Procedure, Assault, Police Misconduct
J. Stiles finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun by a juvenile, illegal possession of a stolen firearm, and obstruction of justice relating to an incident in which he discarded a backpack while fleeing officers looking for a shoplifting suspect. The juvenile's challenges to the sufficiency of the evidence are without merit. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: JAK-23-625, Categories: Firearms, Juvenile Law
J. Stiles finds that the trial court properly ruled in favor of the insurer in enforcing the parties' high/low settlement agreement and dismissing the motorist's claims that stem from an auto accident that ultimately led to his leg being amputated below the knee. The clear language in the agreement indicates it was triggered by the jury's verdict and that the parties intended to settle all claims resulting from the accident and waive the right to post-trial motions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 13, 2023, Case #: CA-23-284, Categories: Settlements
J. Stiles finds that the trial court properly ordered the ex-husband to pay the ex-wife $115,936 as an equalizing payment relating to the partition of the community property. The ex-husband's argument that the trial court should have given him more assistance since he was a pro se litigant is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 6, 2023, Case #: CA-23-299, Categories: Family Law, Property, Due Process
J. Stiles finds that defendant was properly convicted of attempted second degree murder and aggravated battery after she hit two sisters with her vehicle following an altercation. The evidence does not support defendant's argument that she was "justified in attempting to defend the occupants of her motor vehicle" and indicates that she followed the victims into the alley "with the intention of running them over." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 6, 2023, Case #: KA-23-395, Categories: Intent, Murder, Battery
J. Stiles finds that the trial court properly ruled in favor of the casino on a patron's injury claims over a fall that occurred when the chair she was in fell over backwards. The evidence supports the finding that the casino lacked actual or constructive knowledge of the unsecured chair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: CA-23-100, Categories: Evidence, Tort
[Consolidated.] J. Stiles finds that defendant was properly convicted and sentenced for murder and firearm possession stemming from a fatal shooting at a party. Defendant sought a mistrial based on a juror's alleged violation of a ban on research, but the juror had "simply researched the role of juries and courts" and not the case at issue. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: KA-23-189, Categories: Firearms, Murder, Jury Instructions
J. Stiles finds that the trial court should not have adopted the hearing officer's recommendation to find the ex-husband in contempt for not paying child support. A hearing should have been held regarding the ex-husband's objection to the hearing officer's report. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: CA-23-47, Categories: Contempt, Family Law
J. Stiles finds that the workers' compensation judge properly awarded the employee indemnity benefits and the recommended surgery for his knee stemming from a job-related accident. The evidence supports the finding that the requested treatment was medically necessary and that the employee was not terminated for cause. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: WCA-23-48, Categories: Employment, Workers' Compensation
J. Stiles finds that defendant was properly given a 30-year sentence on his conviction for vehicular homicide over a fatal crash involving a pedestrian. The record shows that the trial court appropriately considered the aggravating circumstances and mitigating factors in imposing the sentence. Also, the sentence was not excessive since the mandatory fine was not imposed, and seven years of the sentence were suspended, while only the first three would be served without probation, parole or suspension. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: KA-23-162, Categories: Sentencing, Dui, Vehicular Homicide
J. Stiles finds that the trial court properly denied the physicians' motion for discovery sanctions against the hospital accused of not paying nephrologists for on-call services. The record does not support a finding that the hospital violated the discovery order, given its "laborious process of reviewing a multitude of documents." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: June 28, 2023, Case #: CA-23-372, Categories: Health Care, Sanctions, Discovery