28 results for 'judge:"Wicker"'.
J. Wicker finds that the trial court should not have found for the defendant driver in this car collision action because the trial court admitted the defendant driver's out-of-court statements that she had the green light. The plaintiff driver's undisputed testimony stated that he had the green light and did not see the defendant driver's car when he entered the intersection, which supports that the accident was solely caused by the defendant driver. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 8, 2024, Case #: 23-CA-298, Categories: Evidence, Negligence
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: Evidence, Tort, Negligence
J. Wicker finds that the trial court should not have imposed a full interdiction of a mother due to alleged emerging dementia. In this case, the interdiction should be limited to the mother's legal, financial, and medical affairs. The testimony supports that the mother is able to consistently manage her usual daily affairs because she dresses herself, goes grocery shopping by herself, watches television, and cooks homemade meals
for herself and others. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 22, 2024, Case #: 23-CA-318, Categories: Evidence
J. Wicker vacates the trial court's granting of defendant's motion to quash the bill of information charging him with unlawful presence of a sex offender at a school. The statute bars the presence of a defendant from school property if that defendant was convicted of a sex offense "when the victim is under the age of thirteen." Defendant claims he pled guilty to pornography involving juveniles under the age of seventeen and not to the crime of pornography involving the sentencing enhancement applicable when the pornography involved juveniles under the age of thirteen. In this case, the state claims that the La. R.S. 14:91.2(A) applies to any convicted sex offender, regardless of the required elements of the underlying crime, when the state can prove at trial that the underlying sex offense factually involved a victim under the age of thirteen. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 21, 2024, Case #: 23-KA-381, Categories: Evidence, Sex Offender
J. Wicker finds that the trial court properly granted attorney defendants' exceptions of no cause of action in a case alleging a property at issue in an underlying succession suit was sold without notice and without paying the decedent's sons their half of the sale proceeds in accordance with the decedent's will. The defendants include the attorneys in the underlying case. Therefore, the sons were required to show that the attorneys acted with a "specific malice to personally inflict direct harm upon his client’s adversary and with full knowledge that his conduct would cause such harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 20, 2024, Case #: 23-CA-297, Categories: Civil Procedure, Malicious Prosecution
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J. Wicker reverses the trial court’s summary judgment in favor of defendants Rose and Boomtown Casino, after Rose attacked Adams and stole her purse in the casino’s parking lot in 2021. The casino voluntarily assumed a duty to provide regular security to patrol the casino’s exterior parking lot, while there are also genuine issues of material fact as to whether the casino was negligent in failing to act in conformity with its own established security policies and procedures on the night of the incident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-119, Categories: Damages, Negligence
J. Wicker finds the trial court did not abuse its discretion in denying defendant’s motion to withdraw guilty please in connection with convictions for manslaughter, obstruction of justice and possession of a firearm by a convicted felon, but did find his 20-year sentence for manslaughter was illegally harsh, as it restricted the defendant’s benefits. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-233, Categories: Firearms, Obstruction, Manslaughter
J. Wicker upholds defendant’s conviction for aggravated burglary, finding the evidence — including his confession — overwhelming. However, the trial court improperly restricted statutory benefits in defendant’s sentence, and thus amends his sentence to remove the restriction of benefits for the last five years of his 20-year sentence. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-167, Categories: Burglary, Sentencing
J. Wicker finds the state did not meet its burden to establish defendant’s conviction on three separate DUI charges over a 10-year period, which would have made him eligible for sentencing enhancements. Defendant successfully argued his first two convictions occurred more than 10 years before his third conviction, and he was therefore ineligible for habitual offender enhancements. Writ denied.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-224, Categories: Sentencing, Dui
J. Wicker finds the state presented sufficient evidence to establish the essential statutory elements of attempted resisting an officer with force or violence on each of two counts, but defendant’s sentence of 1.5 years on each count was indeterminate. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-309, Categories: Sentencing, Resisting Arrest
J. Wicker finds the trial court erred in granting dilatory exceptions of prematurity to the health care provider and facility, which may have been negligent in allowing a psychiatric patient, admitted against his will, to open a third-story window and jump out, injuring him. The provider and facilities are not protected by Louisiana’s medical malpractice statute because the patient made no claims about his medical condition or treatment. Rather, the claims are based on professional training and competence, as well as the hazardous conditions of the facility. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-132, Categories: Negligence, Medical Malpractice, Premises Liability
J. Wicker finds that the trial court properly instructed the jury that the insurance policy at issue is an indemnity policy rather than a liability policy in this matter where an insured vessel operator sought a claim following a raw sewage leak on its vessel while carrying passengers on a two week Mississippi River cruise. The Hull and Machinery policy specifically provides that "no claim for unrepaired damages shall be allowed" and, therefore, payment under the policy is not required until repairs have been made or expenses incurred. Further, the insurer's motion for directed verdict on the insured's bad faith claims was properly granted because the insurer had a reasonable basis upon which to dispute payment under the loss of hire provision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 13, 2023, Case #: 22-CA-578, Categories: Insurance, Contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-76, Categories: Employment, Contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-73, Categories: Employment, Contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-75, Categories: Employment, Contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-74, Categories: Employment, Contract
J. Wicker finds that defendant was properly convicted for possession of pornography involving juveniles under the age of thirteen. In this case, over 2,000 images and videos involving child pornography were found on his phone, and a detective testified that the images and videos at issue were downloaded over a period of time from July 2018 to October 2018. Therefore, defendant's contention that a former girlfriend "set him up" and downloaded the photos is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-KA-85, Categories: Evidence, Sex Offender
J. Wicker vacates defendant's the sentences imposed for her convictions for assault with a firearm and aggravated criminal damage to property. In this case, it is unclear whether restitution was made a part of the guilty plea which resulted in the convictions and sentences on appeal. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-KA-63, Categories: Sentencing, Assault
J. Wicker finds that the Workers' Compensation Court should not have denied an office cleaner's claim for workers’ compensation benefits for injuries sustained in a car accident while driving between two offices she was assigned to clean. The Workers' Compensation Court properly determined that the cleaner was an independent contractor for the cleaning company, not an employee. However, the manual labor exception applies because the cleaner testified that she would dust, vacuum, wash the bathrooms, clean glasses, sweep, mop, and take out the trash. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-CA-49, Categories: Evidence, Workers' Compensation
J. Wicker finds that the trial court should not have disqualified a candidate for the office of Jefferson Parish Council District 3. The candidate provided evidence of his domicile on his driver's license, income tax returns, mail related to medical matters, and his notice of candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: August 28, 2023, Case #: 23-CA-415, Categories: Elections, Evidence
J. Wicker finds that the trial court should not have adjudicated a juvenile delinquent for illegal possession of a handgun. The state did not show that the juvenile illegally possessed a handgun "on his person." There was no evidence admitted showing that the arresting officer observed the juvenile with the gun or any fingerprint or DNA evidence to link the juvenile to the firearm. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 28, 2023, Case #: 23-KA-84, Categories: Evidence, Firearms, Juvenile Law
J. Wicker finds that the trial court should not have found for a market on a customer's slip and fall claim. There is a genuine issue of material fact as to whether the market caused the dangerous condition the customer slipped in. The customer admitted evidence that the market management was aware that liquid meat byproduct habitually leaked onto the floor. Further, the manager testified that leaking of meat juice was an ongoing issue and that she had seen "chicken juice drippings" on the floor of the store before the fall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 22, 2023, Case #: 22-CA-404, Categories: Civil Procedure, Evidence, Negligence
J. Wicker finds that defendant was properly convicted of second degree murder. In this case, defendant testified that he shot the victim, who died as a result of the gunshot wounds. There was witness testimony that defendant fired his gun first and that the victim only fired back after he was shot. Therefore, any wrongfully admitted other crimes evidence was harmless error. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 21, 2023, Case #: 22-KA-570, Categories: Evidence, Murder
J. Wicker finds that the trial court properly ruled in favor of the daycare business seller in a breach of contract action against the buyer and found that the 2011 agreement between the parties was legally executed. The trial court correctly found that the buyer voluntarily entered into the agreement and that the agreement could not be vitiated based on error, fraud or duress. However, the trial court improperly awarded the seller past due rent in a monthly amount in excess of the amount previously agreed on by the parties. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 7, 2023, Case #: 22-CA-561, Categories: Contract
J. Wicker finds that the trial court should not have denied a grandchild's motion for summary judgment, seeking to be recognized as a forced heir of the decedent. Under statute, the grandchild, who is permanently physically or mentally disabled rendering him incapable of caring for himself, qualifies as a forced heir because his parent predeceased the decedent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 31, 2023, Case #: 23-C-25, Categories: Family Law, Wills / Probate
J. Wicker finds that the trial court should not have denied the state's rule for child support and medical support filed against a father because the father and mother were still married. Statute allows the state to take action to obtain an order of support without the necessity of divorce proceedings. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 22-CA-566, Categories: Family Law, Contract
J. Wicker vacates the trial court's order granting the intrafamily adoption of a child because it lacked subject matter jurisdiction to consider and render judgment. The evidence shows that litigation regarding the custody of the child was already pending in the Jefferson Parish proceedings at the time the petition for intrafamily adoption was filed in St. Charles Parish. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 23-CA-45, Categories: Civil Procedure, Family Law, Jurisdiction