6 results for 'judge:"Crichton"'.
J. Crichton finds that the motion for preliminary examination filed before the institution of prosecution did not suspend the limitation period because defendant did not re-urge the motion after the state filed the bill of information charging her with attempted manslaughter. However, Hurricane Laura suspended, but did not interrupt, the limitation period. This court's orders suspending the limitation period gave the state 60 additional days to bring defendant to trial. Defendant filed the motion to quash almost a year after the trial should have been commenced. Therefore, the state did not timely commence trial. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: May 10, 2024, Case #: 2023-KK-00723, Categories: Evidence, Speedy Trial
J. Crichton finds that the court of appeal should not have determined that a contractor truck driver’s cross claim for indemnity and defense made before a judicial finding of liability is premature in this car accident action. Under statute, the right to collect on an indemnity agreement is determined on a finding of liability. However, there is no prohibition on making a claim for indemnity in the same proceeding. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: May 10, 2024, Case #: 2023-CC-01358, Categories: Indemnification, Contract
[Consolidated.] J. Crichton finds that the Council of the City of New Orleans has the procedural capacity to sue to seek a declaration that the mayor has acted unlawfully in transferring assets that rightfully belong to the city to private parties regarding a 2020 modification of an agreement between the mayor and certain beneficiaries of a land trust. Under the Home Rule Charter of the City of New Orleans, the council has the power to conduct investigations of “any office, department or board administering the affairs of the City.” Therefore, the council has a right to sue on the contention that the Law Department and the mayor are in direct conflict with the council, and that the suit is “necessary for the assertion or protection of the rights and interests of the city." Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: March 22, 2024, Case #: 2023-C-01106, Categories: Civil Procedure, Government
J. Crichton finds that Article 930.10 of the Code of Criminal Procedure, which allows the judicial branch to exercise the governor's power to pardon a final conviction, is unconstitutional. The statute permits a court to create a “post conviction plea agreement” for the purpose of “amending the petitioner’s conviction,” by overturning a defendant's final conviction, and then, accepting their guilty plea and imposing the agreed upon sentence. Article 930.10 allows a court to overturn a final conviction solely because a defendant and the district attorney jointly requested the court to do so, and this violates the doctrine of separation of powers. In this case, the district court should not have denied the Attorney General’s motion to vacate defendant's post-conviction plea agreement as unconstitutional. Further, the district court's decision overturning defendant’s second degree murder conviction is vacated. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: September 8, 2023, Case #: 2022-KK-01827, Categories: Constitution, Judiciary, Murder
J. Crichton finds that the trial court properly determined that parents of a deceased daughter did not state a cause of action on their claim to nullify their daughter’s marriage to her husband. The parents alleged that the marriage was for the sole purpose of evading federal immigration laws to obtain permanent resident status for the husband. Based upon the exclusive list of impediments as listed in Article 94, the parents have not adequately pleaded a cause of action to nullify the marriage. Affirmed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: June 27, 2023, Case #: 2022-C-01570, Categories: Evidence, Family Law
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