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   State Courts - Louisiana - January 10, 2007

  
Laurent v. Jolly-Wright, NO. 2005-CA-1499, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Following his car accident, the trial court's award of general damages against his uninsured motorist carrier was proper as the insured did not provide his treating physicians with complete and accurate information regarding his pre-existing medical problems and his subsequent and intervening accidents.

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State v. Bryant, NO. 2006-KA-1154, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: In an attempted possession of a firearm case, because the trial court was not required to personally inform defendant of his right to trial by jury under La. Code Crim. Proc. Ann. art. 780, we defendant's assertion that he did not knowingly and intelligently waive his right to a trial by jury lacked merit.

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State v. Dees, NO. 2006-KA-1198, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Trial court's ruling quashing the bill of information was reversed as the four months and one week from the filing of the original bill of information to the granting of the motion to quash was not sufficient to find a speedy trial violation under La. Const. art. I, § 16 considering the felony charges against defendant.

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State v. Dunbar, NO. 2006-KA-1030, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Defendant's conviction for the unauthorized use of a motor vehicle in violation of La. Rev. Stat. Ann. § 14:68.4 was inappropriate because the State presented no direct or compelling circumstantial evidence that the vehicle that defendant was driving belonged to the owner of the vehicle as charged in the bill of information.

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State v. Gray, No. 41,732-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 10, 2007, Judgment Rendered
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Overview: Sufficient evidence supported defendant's conviction of attempted simple kidnapping under La. Rev. Stat. Ann. §§ 14:27(A) and 14:45(A)(1) because his refusal to stop his car when victim asked him to constituted forcible seizing and carrying of victim from one place to another; several of his actions indicated his intent to commit simple kidnapping.

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State v. Guice, NO. 2006-KA-1146, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Trial court erred in granting defendant's motion to quash the bill of information charging him with possession with intent to distribute cocaine as defendant failed to show that the eight-month delay was presumptively prejudicial and violated his right to a speedy trial under La. Const. art. I, § 16, and the delays were caused by defendant.

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State v. Mayeux, 06-944, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 10, 2007, Opinion Rendered
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Overview: Evidence was sufficient to sustain a forcible rape conviction, La. Rev. Stat. Ann. § 14:42.1, because the victim testified she awoke to find defendant standing over her, he pinned her down with his legs, held her arms over her head, and with his other hand he pulled her pajama bottoms off and penetrated her with his penis.

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State v. Smith, NO. 2006-KA-1091, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Where defendant was convicted of attempted possession of cocaine, the trial court's imposition of a three-year sentence was illegal under La. Rev. Stat. Ann. § 40:979(A). The maximum prison sentence for the crime of attempted possession of cocaine was two and one-half years.

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Vincent v. Vincent, NO. 2005-CA-1175, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: A district court did not err in awarding a wife interim spousal support and permanent alimony, although the appellate court concluded that the permanent alimony should have been limited to five years. The district court erred in assessing all attorney's fees to the husband, but not in assessing all court costs to him.

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