26 results for 'judge:"Chehardy"'.
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: Property, Settlements, Contract
J. Chehardy finds that the trial court properly awarded $614,000 in damages for an accident where a patron fell off of a store's toilet and injured her back. In this case, there was evidence to support the jury's determination that the accident at the store resulted in the patron's two fusion surgeries. Further, the jury’s award for special damages directly reflects the totality of medical expenses that the patron incurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-487, Categories: Damages, Premises Liability
J. Chehardy finds that defendant was properly convicted of possession of a firearm while in possession of marijuana. In this case, defendant acknowledged ownership of the car, the gun found underneath the driver’s seat, and the marijuana. The state was not required to establish a nexus between defendant’s simultaneous possession of the gun and drugs. Also, both the gun and drugs were within defendant’s reach and were in defendant’s control at the time of the stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-KA-446, Categories: Drug Offender, Firearms
J. Chehardy finds that the trial court should not have granted the Office of Community Development's exception of no cause of action on a homeowner's claim that the judgment against him contained false information regarding the home elevation grant that was the basis of the suit. The homeowner should have been given an opportunity to amend his complaint to show sufficient relevant facts to support the allegations of fraud or ill practices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-366, Categories: Civil Procedure, Fraud
J. Chehardy finds that this court does not have jurisdiction to hear a property owner's judicial review of a judgment related to the Disaster Recovery Unit's suit seeking the return of grant money given to property owners to elevate their property. In this case, the property owner's motion for appeal was only made to the trial court's judgment denying the motion for new trial.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-348, Categories: Civil Procedure, Property
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J. Chehardy finds that defendant was properly convicted of aggravated assault with a firearm. There was testimony that defendant entered a convenience store and made threats, then returned waving a firearm at the workers behind the counter. One of the victims testified that defendant threatened to kill another victim twice and that the victim told her, "I could have lost my life" after the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-KA-376, Categories: Evidence, Assault
J. Chehardy finds that the trial court properly dismissed a patient's medical malpractice action related to the failure of hardware placed in his back during surgery in 2016. The patient should have been aware of the malpractice in 2017 when he made an emergency room visit due to back pain. The patient does not show that he first learned of his claim in 2018, or that the delayed date was reasonable. Therefore, the patient's medical malpractice claim has prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-CA-190, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Chehardy finds that defendant was properly convicted of possession of a firearm after previously being convicted of domestic abuse battery and aggravated assault with a firearm. In this case, defendant's 18-year sentence on the possession of firearm conviction was proper because it falls within the statutory guidelines, and defendant pulled a loaded firearm out of her backpack, pointed it at a store employee and hit the employee before fleeing. The evidence could have supported the more serious offense of armed robbery. Also, defendant's criminal history shows that she had multiple arrests. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-KA-371, Categories: Sentencing, Assault
J. Chehardy finds that the trial court properly denied a casino's motion for summary judgment on a patron's trip and fall action. There are genuine issues of material fact as to whether the patron tripped over bunched up carpeting. Further, a credibility determination is needed on whether the casino's actions to remodel their carpeting were intentional.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: January 31, 2024, Case #: 23-C-603, Categories: Evidence, Negligence
J. Chehardy finds the trial court did not abuse its discretion in awarding sole custody to the mother and supervised visits with the father amid the father’s unemployment and personal instability, especially considering an incident in which the father’s fiancé attempted to murder the mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 27, 2023, Case #: 23-CA-336, Categories: Family Law
J. Chehardy upholds defendant’s upgraded life sentence after the lower court vacated an underlying sentence on two charges of sexual battery of a 13-year-old female because defendant is a four-time felony offender. Barnes argued his sentences were excessive, but the appeals court determined that because Barnes exploited a position of trust, his criminal conduct was particularly shocking and he displayed unfavorable character and propensities, the sentences were appropriate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 27, 2023, Case #: 23-KA-208, Categories: Sentencing, Sex Offender
J. Chehardy determined the trial court correctly dismissed a mother’s appeal of a child support and custody case in 2022 because she failed to pay the required fee by the deadline, while both the mother and her legal counsel failed to appear for a contradictory hearing in May 2023 in which the appeal was dismissed. Finally, the court lack jurisdiction because the mom failed to file a writ application seeking a review of the May dismissal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 20, 2023, Case #: 23-CA-453, Categories: Family Law, Guardianship
J. Chehardy finds that defendant was properly convicted of aggravated kidnapping and aggravated burglary. Defendant was not denied his right to face his accuser when he was prohibited from calling one of the victims, who is elderly and was suffering from health issues, to testify because the other victim testified and identified defendant as the perpetrator. Further, the state presented physical evidence such as gloves, defendant’s cellphone, and shoes that linked defendant as the person who exited the victims’ vehicle at the bank and ran after holding the victims at gunpoint. Also, defendant's motion to suppress his statement was properly denied because, despite being sixteen at the time of the statement, his mother was present, and the Juvenile Rights form was explained to him and his mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-KA-161, Categories: Burglary, Evidence, Kidnapping
J. Chehardy finds that the trial court properly found for an apartment complex on a resident's claim regarding her son being injured when he chased a ball under the apartment complex's gate into traffic. In this case, there was no evidence presented that the gate was defective, and the property manager testified that the gate remains locked at all times and is to provide access to the fire department for emergencies. Further, the apartment complex does not owe a duty to the resident to prevent her child from exiting the premises and running into the street. Also, the gap under the gate was open and obvious. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-CA-122, Categories: Evidence, Negligence
J. Chehardy finds that the trial court properly found for a life insurance company on the decedent's wife's claim for bad faith penalties regarding payment of death benefits. In this case, the insurer did not instantly disburse the funds because it was notified of a competing claim for the benefits from the decedent's son. Therefore, the insurer properly instituted a concursus proceeding. Further, the insurer claimed that it attempted to make contact with the wife but did not hear back from her until she filed suit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-CA-138, Categories: Insurance, Contract
J. Chehardy finds that the trial court properly denied defendant's motion to bar the state from challenging jurors opposed to the death penalty due to religious beliefs or declare La. C.Cr.P. art. 798(2)(a) and (b) unconstitutional. In this case, defendant was indicted for the first degree murder of a detective, and the state is seeking the death penalty. The challenged statute is neutral and generally applicable because it does not focus on a particular religion or religion at all and applies to anyone regardless of the source of their death penalty views.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 8, 2023, Case #: 23-K-466, Categories: Death Penalty, Jury
J. Chehardy finds that defendant was properly convicted of second degree murder. In this case, defendant does not show that he acted in self-defense when he shot the victim. Defendant claimed that the victim had previously threatened him with a shotgun and told him that he intended to put defendant "in the ground." However, the investigating officers confirmed that the victim did not have a gun on him at the time of the shooting, and defendant admitted that he did not observe the victim with a gun at the time of the shooting. Further, evidence showed that defendant shot the victim six times, and that after firing the first four shots, he followed the victim and shot him twice in the head. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-KA-60, Categories: Evidence, Murder
J. Chehardy finds that the trial court properly refused to include employees' earned commissions in their "daily rate of pay" for purposes of calculating penalty wages. In this case, the employment contracts guaranteed both employees a base salary of $120,000 per year. Under statute, the trial court was limited to calculating the employees' daily rate of pay calculation to their base pay, without commissions, when calculating the award of penalty wages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-CA-64, Categories: Employment, Contract
J. Chehardy finds that the trial court should not have found for a driver who was injured in a car accident with a probation officer who was working a security shift protecting displaced citizens of Lake Charles after Hurricane Laura. The officer has immunity because, under statute, "the State and its employees shall not be held liable for injury to the persons or damage to property when engaged in emergency preparedness activities." Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-C-384, Categories: Immunity, Negligence
J. Chehardy finds that a jury properly awarded $187,000 in damages to a plaintiff driver for injuries sustained in a car collision. There was testimony from the driver's neurologist that the injuries from prior accidents were likely soft-tissue injuries that reasonably dissipated and resolved within six months. Further, the neurologist testified that the driver will continue to experience pain and suffering in the future that is caused by the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 31, 2023, Case #: 23-CA-89, Categories: Evidence, Jury, Damages
J. Chehardy finds that the trial court properly denied defendant's motion for new trial on his conviction for second-degree murder. In this case, there was no error of law, and even if the jurors engaged in predeliberation communications, defendant did not make an allegation of outside influence,
extraneous prejudicial information, or objectively verifiable misconduct. Defendant's sole allegation, that an alternate juror indicated that deliberations "would not take too long," did not warrant the trial court to hold an evidentiary hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 31, 2023, Case #: 22-KA-446, Categories: Evidence, Murder
J. Chehardy finds that the trial court properly denied defendant's motion to declare unconstitutional the form of jury determination statute, La. C.Cr.P. art. 905.7. The statute requires a unanimous jury to find at least one aggravating circumstance beyond a reasonable doubt in order to sentence defendant to death. Further, under statute, the Louisiana Supreme Court reviews every sentence of death to determine if it is excessive. Also, there is no double-jeopardy violation because the state cannot seek the death penalty on retrial of a capital case where defendant received a sentence of life imprisonment at the first trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 26, 2023, Case #: 23-K-461, Categories: Constitution, Jury
J. Chehardy finds that the trial court properly found for a company after a visitor to a property fell into a pond, injured her vertebrae and died from her injuries. In this case, the decedent's family does not show that there was a "hidden danger" in the form of a quicksand-like substance under the "murky water" of the pond. The pond while under construction was open and obvious and did not constitute an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 4, 2023, Case #: 22-CA-598, Categories: Evidence, Negligence, Wrongful Death
J. Chehardy finds that the trial court properly found for the decedent's son as executor of the succession, resulting in the disinherison of the decedent's other sons. Under the plain language of the no-contest clause in the decedent's testament, the decedent did not want her heirs or legatees to engage in any controversy with or against her executor concerning her estate. In this case, the disinherited sons sought to invalidate the three codicils to their father’s will, and the sons sought to remove property from the decedent's estate and prevented the executor from administering the decedent's estate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 4, 2023, Case #: 22-CA-571, Categories: Family Law, Wills / Probate
J. Chehardy finds that the trial court correctly revoked defendant's probation. Defendant properly pled guilty to third-offense DUI, and the sentence was properly imposed to the terms of his plea agreement. In this case, defendant did not comply with the requirements of drug court as part of his plea agreement, and his probation was revoked. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 30, 2023, Case #: 23-KA-30, Categories: Probation, Dui, Plea
J. Chehardy finds that the trial court should not have dismissed with prejudice a voter's objection to a candidate for a district council seat. In this case, a Louisiana Department of Revenue representative testified that the candidate's 2018 tax return could not be found despite evidence from his employer that he had received taxable income for the 2018 tax year. Therefore, the candidate falsely certified that he filed his tax returns for each of the last five years when he signed his Notice of Candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 23, 2023, Case #: 23-CA-411, Categories: Elections, Evidence