19 results for 'judge:"Stone"'.
J. Stone finds that the trial court should not have recused a judge in this divorce case based on the husband's claim of impartiality. There was no evidence that the judge was “biased, prejudiced, or interested in the cause” of this matter. Reversed and vacated.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 24, 2024, Case #: 55,605-CA, Categories: Evidence, Family Law
J. Stone finds that defendant was properly convicted of possession of marijuana, possession of a firearm by a convicted felon, and illegal carrying of weapons while in possession of a controlled dangerous substance. In this case, the police properly stopped defendant as he was walking into a gas station convenience store because the officers observed him with an assault rifle in his pant leg. Further, there were recent robberies in the area and a concern that defendant was committing a robbery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 10, 2024, Case #: 55,581-KA, Categories: Drug Offender, Firearms, Search
J. Stone finds that defendant was properly convicted of attempted aggravated rape. Testimony from the victim's sisters, which detailed defendant watching them while they undressed and bathed as children, smelling their dirty underwear, and having an erection while they sat on his lap, was properly admitted because it established defendant's lustful disposition towards children. Further, the evidence established that the victim and her sisters viewed defendant as a grandparent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,468-KA, Categories: Evidence, Sex Offender
J. Stone finds that defendant was properly convicted of attempted illegal possession of stolen firearms and attempted possession of a firearm by a person convicted of domestic abuse battery. In this case, defendant was the only occupant of a vehicle that contained a loaded gun next to a bag of chicken that defendant admitted to buying before the traffic stop. Further, the officer who performed the stop testified that defendant admitted that he gave the car owner money to buy a gun "off the street" once he told the defendant it was a stolen firearm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,537-KA, Categories: Evidence, Firearms
J. Stone finds that the trial court properly awarded damages to a homeowner for defective work done on her home. The homeowner admitted evidence showing the worker mounted cabinets on visibly rotten studs and that the insulation he placed was wet. However, the award amount should be increased from $2,500 to $4,000 based on the homeowner's $4,000 payment to another worker to remedy the damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,416-CA, Categories: Damages, Contract
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J. Stone finds that the trial court properly dismissed a deceased patient's family's claims against healthcare providers related to the treatment of the decedent on the basis that the claims constituted allegations of medical malpractice and were required to first be considered by the medical review panel. The family's wrongful death and survival suit is potentially subject to the Louisiana Medical Malpractice Act depending on whether hydration and feeding were part of the decedent's treatment plan. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: January 10, 2024, Case #: 55,377-CA, Categories: Medical Malpractice, Contract
J. Stone finds that defendant was properly convicted of second degree murder. In this case, the jury was shown surveillance footage showing the clothing defendant wore on the day of the murder, and that, based on geolocation data, defendant walked the approximate distance from his work to the crime scene. Further an eyewitness testified that the shooter was wearing the same clothes that defendant was wearing that day. Also, the murder weapon was found in defendant’s home inside a deep freezer, and the trigger contained his DNA. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: January 10, 2024, Case #: 55,440-KA, Categories: Evidence, Murder
J. Stone finds that defendant was properly sentenced to life on his conviction for second degree murder, 50 years at hard labor for attempted second degree murder, and ten years for aggravated assault with a firearm with the sentences to be served consecutively. In this case, the sentences are proper because, after shaking hands with the victims over a minor disagreement, defendant shot the victims in a parking lot of a hotel that the victims were staying in during a vacation. Defendant did not have any connection with the victims and was only connected to the murder after engaging in a high-speed chase with police, where he crashed a vehicle, fled the scene, and left the murder weapon behind one year after the shooting. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: November 29, 2023, Case #: 55,361-KA, Categories: Murder, Sentencing
J. Stone finds that the trial court should not have awarded joint custody of the parties' children. The record shows that the father continuously refused to obey the original custody order and admitted that he kept physical custody of one of his children for four months without authority. The mother testified that keeping the child away from his other siblings had a negative impact on all of the children. Further, the father has not financially supported the children, and he has not paid the required child support award. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: November 22, 2023, Case #: 55,447-CA, Categories: Evidence, Family Law
J. Stone finds that the trial court properly denied the medical provider's motion for summary judgment. In this case, there is a genuine issue of material fact as to whether the delay in performing surgery on the decedent would have given the decedent a better chance at survival. Further, there was expert testimony that the delay cost the decedent some chance of an outcome better than death while in surgery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: November 15, 2023, Case #: 55,081-CW, Categories: Evidence, Medical Malpractice
J. Stone finds that defendant was properly convicted of second degree murder and conspiracy to commit second degree murder. There was sufficient evidence that defendant arranged for the victim, the mother of his child who was planning to leave him, to be shot by his accomplice. There were text messages between defendant and the accomplice tracking the victim's movements just moments before her death, as well as deleted internet searches made by defendant regarding gunshot wounds and if insurance would pay for gunshot injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: September 27, 2023, Case #: 55,168-KA, Categories: Evidence, Murder
J. Stone finds that defendant was properly convicted of possession of methamphetamine, attempted illegal possession of a firearm, and attempted possession of a firearm by a convicted felon. In this case, there was no evidence of a Miranda violation when defendant confessed to the crimes, and the police officer testified that the confession was spontaneous. Further, the confession was internally consistent and was not contradicted by any other evidence introduced. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: September 27, 2023, Case #: 55,261-KA, Categories: Drug Offender, Evidence, Miranda
J. Stone finds that the trial court properly terminated a father's parental rights to his children. The father did not complete his case plan, repeatedly tested positive for illegal drugs, and was banned from two different mental health programs because he was loud, aggressive, and frightened people. Also, the father is unemployed, does not monetarily support his children, and is habitually drunk. The Department of Children and Family Services allowed the father over a year to complete his case plan before filing for termination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 23, 2023, Case #: 55,335-JAC, Categories: Evidence, Family Law
J. Stone finds that the trial court improperly ruled in favor of the ex-husband in an action against the ex-wife arising from their co-ownership of a property and awarded him $148,000 as reimbursement for mortgage payments. A genuine issue of fact exists as to whether an agreement existed between the parties not to partition the property. The ex-husband failed to show that he should be allowed to be subrogated in the place of the bank for reimbursement without a partition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 9, 2023, Case #: 55,228-CA, Categories: Property
J. Stone finds that the trial court properly convicted defendant of possession of methamphetamine with intent to distribute and firearm offenses. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission that meth found in his bedroom belonged to him. The trial court correctly sentenced defendant to four 18-year, one 20-year and one 10-year hard labor sentences to run concurrently. Defendant's sentence is not excessive in light of the fact that defendant was already on probation, had an extensive criminal history and demonstrates a high likelihood of recidivism. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 9, 2023, Case #: 55,171-KA, Categories: Drug Offender, Firearms, Sentencing
J. Stone finds that defendant was properly convicted of child endangerment and the responsive offense of aggravated battery. Evidence of defendant's prior conviction was properly admitted because both the prior crime and the instant action involved defendant battering his girlfriend and cutting her with a knife. Further, the prior crime evidence was highly probative for impeaching defendant’s testimony that he was acting in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: June 28, 2023, Case #: 55,165-KA, Categories: Evidence, Battery, Domestic Violence
J. Stone finds that the trial court properly determined that the interests conveyed in the sale of overriding royalties by BP to Columbine do not contain any limitation as to a zone, unit, formation, or depth, and that Columbine is entitled to all disputed overriding interests. The contract is ambiguous and, since BP was the drafter of the document, any ambiguity is strictly construed against BP. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 10, 2023, Case #: 55,017-CA, Categories: Evidence, Property, Contract
J. Stone finds that defendant was properly sentenced to serve 45 years at hard labor on two counts of molestation of a juvenile under the
age of 13. In this case, the sentences were proper because he molested his own preteen daughters while he was supposed to be caring for them, gave the victims drugs under the guise of candy, and has an extensive criminal record, indicating he has a high chance to reoffend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 10, 2023, Case #: 54,967-KA, Categories: Sentencing, Sex Offender