21 results for 'judge:"Perry"'.
J. Perry dismisses the state's appeal of the trial court's decision to grant defendant's application for post-conviction relief related to his conviction of murder in 1995. The state asked for an extension and had until Apr. 10, 2024 to file a response, but the state did not do so until Apr. 18, 2024. A ruling on a post-conviction relief application is not appealable, but the state may still file an application for supervisory writs within 30 days of this decision.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: May 8, 2024, Case #: KA-24-44, Categories: Criminal Procedure, Murder
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: Firearms, Murder, Self Defense
[Consolidated.] J. Perry finds that the trial court properly ordered the full interdiction of a fifty-four-year-old individual who has intellectual and developmental disabilities. The testimony of the medical expert and other evidence supports the finding that the individual is not able to "make reasoned decisions regarding the care of his person and property." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: CW-23-213, Categories: Evidence, Family Law, Experts
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J. Perry finds the lower court properly granted a protective order to a wife after a hearing concerning allegations of domestic abuse and threatening behavior by the husband after the parties had separated. The instant court finds the lower court did not abuse its discretion in granting the order, and the husband’s due process rights were not violated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 13, 2024, Case #: 23-560, Categories: Due Process, Restraining Order
J. Perry finds that the trial court erred in ruling the decedent's wife's personal servitude of habitation in the outdoor kitchen of a residence was terminated because she "was cohabitating with a significant other." The record does not support the finding that the decedent's wife and her boyfriend were living together in the outdoor kitchen based on the limited number of times he stayed over. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 6, 2024, Case #: CA-23-344, Categories: Contempt, Property, Water
J. Perry finds that the trial court properly nullified two of the decedent's testaments based on undue influence by her neighbors. The neighbors did not preserve their issue regarding alleged hearsay testimony, and the evidence supported the finding of undue influence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: February 21, 2024, Case #: CA-23-254, Categories: Evidence, Wills / Probate
J. Perry grands the landfill's motion to dismiss neighbors' environmental tort claims alleging the improper handling of radioactive materials. The neighbors' claims arise out of a nuclear incident and are therefore preempted by the Price-Anderson Act. The fact that the nuclear waste was mixed with soil, diluting its concentration below the regulatory level of .05%, does not remove this case from being controlled by the Act.
Court: USDC Eastern District of Missouri, Judge: Perry, Filed On: February 1, 2024, Case #: 4:18cv672, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Tort
J. Perry finds that defendant was properly convicted of counts including aggravated assault with a firearm and second degree battery stemming from an attack on his girlfriend. There was no error in the denial of defendant's motion for new trial since he did not show a violation of his right to assistance of counsel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: December 6, 2023, Case #: KA-23-334, Categories: Criminal Procedure, Assault, Battery
J. Perry finds that the trial court properly ruled that the teacher's aide could not bring a tort action for damages stemming from an auto accident with a school bus. Her exclusive remedy was through the Louisiana Workers' Compensation Act since the crash happened on school premises and was caused by its employee. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: November 15, 2023, Case #: CA-23-125, Categories: Tort, Immunity, Workers' Compensation
J. Perry finds that defendant was properly convicted and sentenced on counts of pornography involving juveniles under age thirteen. There was sufficient evidence to support the jury's conclusion that the pornography found on defendant's computer was his and not that of a different individual who had been at his apartment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: October 18, 2023, Case #: KA-23-95, Categories: Evidence, Sex Offender
J. Perry vacates the trial court's judgment of disqualification in a suit challenging the candidacy of an individual seeking to run for St. Landry Parish President. The trial should not have proceeded without the court appointing "an attorney as curator ad hoc" to represent the individual since neither he nor his attorney appeared at the trial. Vacated.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: August 24, 2023, Case #: CA-23-537, Categories: Civil Procedure, Elections
J. Perry finds that the juvenile court properly adjudicated the juvenile delinquent for three criminal offenses, which included resisting a police officer who helped break up a fight after a high school basketball game. The testimony of the officers sufficiently supports the adjudications for the three charges. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: July 12, 2023, Case #: JAK-23-117, Categories: Evidence, Juvenile Law, Resisting Arrest
J. Perry finds that the trial court improperly sustained the property owners' exception of no right of action and dismissed the subdivision residents' nuisance suit over dirt dumping that raised a lot, diverted water flow and violated neighborhood covenants. The residents have a right of action and "clearly belong to the class of persons that has a legal interest in the subject matter of the litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: June 28, 2023, Case #: CA-22-690, Categories: Civil Procedure, Property, Real Estate