16 results for 'judge:"Ellender"'.
J. Ellender finds that defendant was properly sentenced to eight years on his conviction for possession of a firearm by a convicted felon. In this case, the sentence was not excessive based on his extensive criminal history, which included multiple felony charges and convictions. Further, defendant does not show that he was given ineffective assistance since he did not establish that if his counsel had filed a motion to reconsider, his sentence would be different. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,580-KA, Categories: Ineffective Assistance, Sentencing
J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Ellender finds that defendant was properly convicted of manslaughter and possession of a firearm by a convicted felon. Defendant's challenge to a juror was properly denied because the juror indicated he could be fair and impartial, despite his connections to law enforcement. Further, defendant's 70-year sentence was proper based on his extensive criminal history, including drug possession and battery charges, and the fact that the victim was killed without justification. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,289-KA, Categories: Jury, Sentencing, Manslaughter
J. Ellender finds that defendant was properly sentenced to concurrent sentences of 30 years at hard labor, without benefits, on two counts of pornography involving juveniles under the age of thirteen. In this case, defendant's plea bargain on two counts of underage pornography was reduced from the original charge of over 2,000 counts. The large amount of images and videos seized from defendant's devices supports the sentence and shows defendant's deep and troubling involvement in child pornography. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,553-KA, Categories: Sentencing, Sex Offender
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J. Ellender finds that the trial court properly dismissed a father's medical malpractice claim against a neurosurgeon for alleged deficiencies in the treatment of his deceased son. In this case, the son's vagal nerve stimulator to treat his seizures did not have a dead battery when the son visited the neurosurgeon, as the father alleges, but the battery was at eight to eighteen percent power. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,434-CA, Categories: Evidence, Medical Malpractice
J. Ellender finds that the trial court properly dismissed property owners' petitory action against the neighboring property owner over ownership of a strip of land between their properties. The neighbor established that he acquired title to the strip in 1985 and exercised acts of possession on it ever since. The property owners did not present evidence through affidavits showing that their family and predecessors possessed and used the disputed property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,415-CA, Categories: Evidence, Property
J. Moss finds that defendant was properly sentenced to 50 years at hard labor on his conviction for armed robbery. In this case, defendant held up a Lyft driver, forcing her to drive at gunpoint. Defendant then stole the victim's car and purse after she pleaded for her life. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,454-KA, Categories: Robbery, Sentencing
J. Ellender finds that defendant was properly convicted of multiple sex crimes against his wife. The victim testified to the physical and sexual abuse inflicted on her by defendant and introduced photographs supporting her testimony, depicting some of bruises, cuts, and carvings inflicted by defendant. Defendant's 95-year sentence was proper based on the particularly heinous nature of the crimes perpetrated during the ten-year marriage and for using violence and threats to control and abuse the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,269-KA, Categories: Evidence, Sex Offender
J. Ellender finds that the trial court properly granted the exception of lis pendens filed by an oil company on a gas station owner's claim that the oil company's employee left a gasoline hose unattended, causing the gas station to be flooded with gasoline. The oil company previously sued the owner for not making payment on an open account. The owner's defenses in the open account suit were the same claims she asserts in the instant suit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: November 15, 2023, Case #: 55,320-CA, Categories: Civil Procedure
J. Ellender finds that the trial court properly determined that the parties entered into a valid consent agreement regarding the paternity of a child. The Department of Child and Family Services does not show that it is entitled to a new trial to include in the consent judgment that the father is responsible for child support retroactive to the date of judicial demand, that the Department should be the payee of child support, and that the support order must be enforced by an immediate income assignment. The Department does not show a lack of genuine consent before agreeing to the contract. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: November 15, 2023, Case #: 55,340-CA, Categories: Family Law, Contract
J. McCoy finds that defendant was properly convicted of second degree murder. In this case, the victim was found shot in a car that was similar to the one that was owned by a person who had been in a bar fight with defendant. Further, defendant's car was caught on a traffic camera minutes later driving away from the neighborhood where the shooting took place. Also, bullets from the victim's car and the house that defendant shot up when looking for the person in the bar fight matched, supporting that defendant mistakenly shot the victim because she was in a similar car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: November 15, 2023, Case #: 55,354-KA, Categories: Evidence, Murder
J. Ellender finds that defendant was properly sentenced to four consecutive five-year hard labor sentences following guilty pleas to three counts of obscenity and one count of obscenity in the presence of a minor for intentionally exposing himself to a school bus carrying young children
as it passed by his house. The sentence was proper based on defendant's obscene conduct and his repeated arrests and convictions for similar behavior. Further, defendant has six prior felony convictions and could have been adjudicated a habitual felony offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: October 25, 2023, Case #: 55,302-KA, Categories: Sentencing, Sex Offender
J. Ellender finds that the trial court properly sentenced defendant to two consecutive 13-year hard labor sentences for his aggravated criminal damage to property convictions. The sentences are not unconstitutionally excessive. Defendant engaged in a shooting spree which put multiple lives in danger, including the life of his own one-year-old child. The trial court correctly considered the sentencing guidelines and was permitted to consider the fact that defendant was also charged with attempted second degree murder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: August 9, 2023, Case #: 55,241-KA, Categories: Sentencing, Property Crimes
J. Ellender finds that the trial court properly dismissed the former congregants' declaratory judgment action seeking an order that amendments to the church's articles of incorporation allowing the pastor to remove members from the congregation were null and void. The trial court correctly granted the church's exception of prescription. The church showed that the claims raised in the ex-congregants' original action were perempted under the statute. The amended petition does not present new allegations that would cure the peremption. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: August 9, 2023, Case #: 55,209-CA, Categories: Preemption
J. Ellender finds that defendant was properly sentenced to five years at hard labor on his conviction for negligent homicide. In this case, defendant had been drinking when he caused a head-on collision that killed the other driver. Defendant never stated he was sorry or expressed any type of emotion regarding the victim's death, giving the impression that he was not at fault. Further, defendant received a substantial benefit by the jury’s returning a responsive verdict of negligent homicide, reducing his potential exposure from thirty years to five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: June 28, 2023, Case #: 55,143-KA, Categories: Sentencing, Vehicle, Negligent Homicide