34 results for 'judge:"Gravois "'.
J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs��� home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: Civil Procedure, Contempt
J. Gravois finds that defendant was properly convicted of first degree rape upon a known juvenile under the age of thirteen. Defendant's motion to suppress his statement was properly denied because he was read an advice of rights form, which notified him of his Miranda rights in English, and he was shown the advice of rights form, which is also in Spanish. Further, the interrogating officer testified that she spoke to defendant in English and he responded in English, and he did not have trouble understanding her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 23-KA-323, Categories: Miranda, Sex Offender
J. Gravois finds that defendant was properly convicted of aggravated burglary. There was testimony from a witness that he drove defendant and his accomplices to the house that was burglarized and that they entered wearing knit caps and gloves and with guns. There was surveillance video showing defendant hiding under the carport after the burglary, and defendant's DNA was found on a discarded knit cap. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 19-KA-77, Categories: Burglary, Evidence
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J. Gravois finds that the trial court properly dismissed a patient's medical malpractice claim against a medical provider after the patient, who was given morphine and discharged from the emergency room, tripped while attempting to walk to the bus stop. The patient does not show that the medical provider violated its guidelines when it left the patient unattended outside in a wheelchair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-188, Categories: Evidence, Medical Malpractice
J. Gravois finds that the district court properly terminated a mother's parental rights to her child. In this case, the mother has not complied with her case plan because she did not take the initial steps to register for an assessment with the Office for Citizens with Developmental Disabilities, did not finish parenting classes, did not complete mental health counseling, and did not take her medication. Further, there is no evidence that the mother's parental rights were terminated only because of her intellectual limitations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-491, Categories: Evidence, Family Law
J. Gravois finds that the district court should not have granted defendant's request for an out-of-time appeal of her convictions and sentences because the appeal was not timely filed within two years after her appeal delays expired or 30 days from the date of her guilty pleas to drug violations. However, defendant timely sought review of her probation revocation after her probation was revoked. Reversed and vacated in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 26, 2024, Case #: 23-KH-608, Categories: Drug Offender, Sentencing
J. Gravois finds defendant���s eight-year sentence for the sexual battery of a minor was not unconstitutionally excessive, as similar sentences have been imposed for similar crimes. Further, the sentence is appropriate because defendant violated a position of trust ��� earned by giving her candy ��� with a vulnerable minor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-274, Categories: Sentencing, Sex Offender
Gravois affirms the trial court���s sentence of 40 years and 10 years, to be served consecutively, for defendant���s sexual abuse of his own daughter. The evidence was consistent and sufficient, defendant had adequate legal counsel, the defense was able to present its own theory and evidence and the sentence was not excessive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-262, Categories: Evidence, Sentencing, Sex Offender
J. Gravois finds that the trial court properly granted joint custody of the parties' children. Res judicata was properly granted as to the mother's allegation regarding the father's alleged sexual abuse of the children because the multiple petitions for protection from abuse by both parties have all been filed in the same district court proceeding. The allegations of sexual abuse against the children were fully litigated and were dismissed with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 20, 2023, Case #: 23-CA-46, Categories: Evidence, Family Law
J. Gravois finds that the trial court properly granted a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Further, the trial court properly granted the law clerk's motion for attorney fees because there was no evidence showing a "willful act in the use of the process not proper in the regular prosecution of the proceeding." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-CA-592, Categories: Evidence, Attorney Fees, Contract
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: Evidence, Judiciary, Contract
J. Gravois finds that the trial court properly determined the mother to be the domiciliary parent in the parties' custody dispute. The mother testified that she was the children's primary caregiver, and that she manages the children���s activities, their medical and dental appointments, schooling, summer camps, and piano lessons. Further, since the parties' separation, the children have lived with her except for Tuesday and Wednesday nights and every other weekend. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 6, 2023, Case #: 23-CA-116, Categories: Evidence, Family Law
J. Gravois finds that the trial court properly found for a restaurant on a patron's slip and fall action. The video evidence shows that the patron was not using an umbrella when he entered the building even though it was drizzling, supporting the restaurant's contention that the patron's clothes could have been damp. Further, the video shows that the area where the slip occurred had been mopped 31 minutes before the accident, and no one had walked through that area before the fall. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 1, 2023, Case #: 22-CA-599, Categories: Evidence, Negligence
J. Gravois finds that defendant was properly convicted of manslaughter for the death of another inmate. Defendant was not allowed to elicit testimony from an inmate witness regarding other investigations because those investigations were not relevant to the matter. Defendant was allowed to cross-examine the witness regarding his convictions, his statement regarding the instant case, and the details of his plea agreement. Further, evidence of defendant's past crimes was properly admitted because, in both crimes, defendant punched the victims in the face hard enough to break their jaws, showing a pattern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 29, 2023, Case #: 23-KA-128, Categories: Evidence, Manslaughter, Witnesses
J. Gravois finds that defendant was properly convicted as a principal to second degree murder based on the admission of evidence of the content of two 911 calls. In this case, the information relayed to the the 911 operators was necessary to resolve an ongoing emergency of hearing gunshots and people fleeing the scene of the gunshots. The 911 calls were not testimonial because the conversations between the callers and 911 operators were not in formal settings, but in the immediate aftermath of the incident and before the police arrived on the scene. Therefore, the admission of the calls did not violate defendant's right to confrontation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 15, 2023, Case #: 23-KA-55, Categories: Confrontation, Evidence, Murder
J. Gravois finds that defendant was properly convicted of third degree rape upon a known juvenile. The state properly admitted defendant's video-recorded statement, where he admitted to knowing and staying with the victim's grandmother when the rape occurred. Defendant was given notice of the statement five days before the start of trial because the state only became aware of the statement at that time. Further, defendant does not show how the video prejudiced him because the state's witnesses corroborated the evidence in the video. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 8, 2023, Case #: 23-KA-103, Categories: Evidence, Sex Offender
J. Gravois finds that the trial court properly dismissed a daughter's claim against a nursing home arising out of her deceased mother suffering a fall. In this case, the daughter does not state a cause of action for gross negligence or willful misconduct. At the time of the mother's fall, a public health
emergency was declared due to COVID and the nursing home was a healthcare provider. Therefore, under the Louisiana Health Emergency Powers
Act, "no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: October 31, 2023, Case #: 23-CA-68, Categories: Evidence, Medical Malpractice
J. Gravois finds that the trial court should not have dismissed a voter's challenge to a candidate for the office of St. John the Baptist Parish Council, District 5. The voter established that the state department of revenue did not have a record of the candidate's income tax returns for 2021 and 2022. The candidate did not establish that he was not required to file returns for these years because he did not have taxable income from his disability, retirement, and Social Security. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: August 29, 2023, Case #: 23-CA-420, Categories: Elections, Evidence
J. Gravois finds that the trial court properly denied defendant's ineffective assistance of counsel claim during his habitual sentencing. Defendant's claim that his counsel did not present mitigating factors, such as defendant's history of drug addiction and mental illness and the nonviolent nature of the crime, is without merit. The lack of violence involved in the underlying offense does not provide adequate grounds for departing from the mandatory sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 28, 2023, Case #: 23-KH-277, Categories: Evidence, Ineffective Assistance, Sentencing
J. Gravois finds that the trial court properly denied defendant's motion to quash the murder-related indictment against him after a mistrial. In this case, the one-year time period for the state to commence the second trial was interrupted by Hurricane Ida. Louisiana jurisprudence has treated natural disasters like hurricanes as interruptions and not suspensions. Further, the record shows that the time period was suspended when the defense acquiesced to a later trial date.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 23, 2023, Case #: 23-K-270, Categories: Civil Procedure
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: Evidence, Juvenile Law, Sex Offender
J. Gravois finds that the trial court should not have denied a mother's objection to the Domestic Commissioner���s ruling that she is prohibited from litigating the history of family violence in this custody proceeding under the "law of the case" doctrine. In this case, the "law of the case" doctrine does not apply to the wife's Domestic Abuse Assistance Act petition under statute. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 15, 2023, Case #: 23-C-243, Categories: Civil Procedure, Family Law
J. Gravois finds that the trial court properly vacated the parish council's denial of an application for resubdivision of a property. In this case, the application did not involve a rezoning request and was unopposed by the parish departments. Further, there was no evidence that an additional 20 lots to the neighborhood would create a legitimate safety concern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 14, 2023, Case #: 22-CA-526, Categories: Property, Zoning, Contract
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: Administrative Law, Employment, Contract
J. Gravois finds that defendant was properly convicted of second degree murder and armed robbery with a firearm. The victim's girlfriend testified that three men with guns forced their way into her apartment, demanding two kilos of cocaine, tied her up and eventually took the victim in a truck with them. The girlfriend identified defendant and another individual in a line up as two of the men that entered her house. Further, defendant admitted to duct taping the girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-371, Categories: Evidence, Murder, Robbery