17 results for 'judge:"Ortego"'.
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: Robbery, Vehicle, Jury Instructions
J. Ortego finds that the trial court improperly awarded the plantation $440,500 in attorney fees for its property dispute with the district. The award is moot because the expropriation of the plantation's and others' properties are not less than what the district's levee board offered them, which violates applicable law. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: CA-23-83, Categories: Attorney Fees
J. Ortego finds that the workers' compensation judge improperly denied the employer's motion for summary judgment as to an oilfield surveyor's claim after he allegedly contracted Covid-19 on the job. The surveyor did not give evidence that his contracting of Covid-19 "was the result of the particular nature of the work performed." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 3, 2024, Case #: WCW-23-454, Categories: Employment, Workers' Compensation
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J. Ortego finds that defendant was improperly convicted of failure to seek assistance relating to the death of her dating partner from a drug overdose. The evidence did not show that defendant was aware of the drugs her partner had ingested or had sufficient knowledge that she had suffered serious bodily injury. Defendant is acquitted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: KA-23-523, Categories: Criminal Procedure, Evidence
J. Ortego affirms the allocation of fault and damage awards in an auto accident case involving a car/ambulance collision. The dash cam video from the ambulance, photographs and expert testimony support the allocation of 40% fault to the ambulance driver and 60% fault to his employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: CA-23-601, Categories: Tort, Damages, Negligence
J. Ortego finds that the lower court properly upheld the city council's decision to reverse the zoning commission's granting of the owner's application to subdivide a property. There was a "legitimate public concern" that construction of the proposed development would exacerbate flooding in the area, so a drainage plan was necessary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 6, 2024, Case #: CA-23-620, Categories: Real Estate, Zoning
J. Ortego finds that the trial court properly granted summary judgment to the cardiovascular institute in a patient's medical malpractice suit alleging that its failure to recognize a blockage in his carotid artery caused him to suffer a stroke. The patient did not give evidence from an expert witness to support his claim or evidence opposing the motion for summary judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-486, Categories: Civil Procedure, Experts, Medical Malpractice
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: Fraud, Property, Contract
J. Ortego finds that defendant was properly convicted of second-degree murder in a cold case, where defendant was arrested fifteen years after the victim's body was discovered in an abandoned building near I-10 in Winnie, Texas. There was sufficient evidence for the jury to find the victim died from homicide by asphyxiation and that defendant committed the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: December 6, 2023, Case #: KA-23-115, Categories: Evidence, Murder, Experts
J. Ortego finds that defendant was properly convicted of manslaughter following a plea agreement that amended his charge for second-degree murder, which stems from the shooting death of a victim. Defendant's challenge to the voluntariness of his no contest plea is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: November 29, 2023, Case #: KA-23-373, Categories: Plea, Manslaughter
J. Ortego finds that the trial court properly ruled that the vendor conveyed all of the immovable property to the vendees in the sale of a business. The vendor did not give sufficient evidence to support her claim that she had retained a 29% ownership interest in the immovable property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: November 15, 2023, Case #: CA-23-7, Categories: Evidence, Property, Contract
J. Ortego finds that the lower court improperly reinstated the parish tax assessor's original assessments against the property owner. The evidence supports the tax commission's ruling that the property owner was entitled to a reduction in the value of its pipelines on the property due to obsolescence. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: June 28, 2023, Case #: CA-22-740, Categories: Administrative Law, Property, Tax