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| State v. Jones, NO. 41,628-KA, NO. 41,629-KA (consolidated cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Maximum sentence of 40 years at hard labor for manslaughter conviction, La. Rev. Stat. Ann. § 14:31, was not excessive under La. Const. art. I, § 20 as (1) defendant had extensive criminal history; (2) he intentionally armed himself with a gun and waited to threaten victim without others present; and (3) there was no excuse for taking a human life.
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| State v. Robinson, No. 40,983-KA, No. 40,984-KA (Consolidated cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Defendant's sentences totaling 13 years for second degree battery and aggravated second degree battery were not excessive, La. Const. art. I, § 20, as 1) offenses of cutting her sister with knife and shooting her boyfriend were violent; 2) she had pending charge for cutting another woman on face; and 3) she would continue to commit violent crimes.
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| State v. Scott, No. 41,690-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Missing element from defendant's conviction of La. Rev. Stat. Ann. § 14:60 aggravated burglary was felonious intent because, at moment of entry into house, he had no intent to commit theft or felony therein, only to take the vehicle with his estranged wife's consent, but evidence supported conviction of unauthorized entry of an inhabited dwelling.
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| State v. Thomas, No. 41,734-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: The evidence was sufficient to support a conviction for simple burglary of an inhabited dwelling under La. Rev. Stat. Ann. § 14:62.2 based on an identification where the victims came face-to-face with the intruder, there was no evidence that visibility was impaired, and an encounter with defendant on the street was completely random.
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| State v. Wallace, No. 41,720-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Where defendant was convicted of indecent behavior with a juvenile, in violation of La. Rev. Stat. Ann. § 14:81, court did not err in allowing evidence of defendant's prior convictions for similar crimes as defendant's very similar prior conduct with female child of a similar age was highly probative of requisite specific intent for instant crime.
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| State v. Williams, NO. 2006-KA-1150,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: In an illegal possession of stolen property case, granting defendant's motion to quash for a speedy trial violation under La. Const. art. I, § 16 was an abuse of discretion as the eight-month delay was not sufficient to act as a triggering mechanism, and the State did not intentionally delay the proceedings to gain a tactical advantage.
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| State v. Williams, No. 41,731-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Evidence was sufficient to sustain an aggravated rape conviction, La. Rev. Stat. Ann. § 14:42, because the 11 year old victim testified that defendant penetrated her vagina with his penis and the act was painful, and a detective testified that defendant admitted that he had engaged in sexual conduct with the victim.
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| Thornton v. Thornton, NO. 2005 CA 2658,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Where the trial court partitioned property jointly owned by an ex-wife and her former husband, the husband testified that no profit was derived from the rental arrangement. The trial court found her husband to be a credible witness, and correctly denied the wife's claim for reimbursement of rental income under La. Civ. Code Ann. art. 798.
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| Trivette v. Office of Group Bens., 2005 CA 2245,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Court erred in awarding judgment to employee in her action against Louisiana Office of Group Benefits (OGB) for a declaration that variable tiered structure of La. Rev. Stat. Ann. § 42:851 did not apply to her where OGB was required to contribute to her health insurance premiums, upon retirement, in accordance with number of years of participation.
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| Troth Corp. v. Deutsch, Kerrigan & Stiles, L.L.P., NO. 2006-CA-0457,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: In a professional placement firm's successful suit against a law firm for an owed fee on an open account, its award of attorney fees under La. Rev. Stat. Ann. § 9:2781 was not excessive considering the matter involved a two day trial, the taking of four depositions, at least two attempts at settlement meetings, and two post-trial appearances.
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