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| State v. Graffia, NO. 06-KA-756,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Where defendant was convicted of aggravated robbery, attempted aggravated rape, and battery, suppression of the identification for denial of his right to counsel under U.S. Const. amend. 6 and La. Const. art. 1, § 13 was not warranted, because the adversary judicial criminal proceedings against him had not commenced when the lineup was conducted.
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| State v. Greene, NO. 06-KA-667,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: In an aggravated rape case, even assuming testimony of doctors regarding what the child told them was inadmissible, La. Code Evid. art. 801, because the purpose of the exams was forensic, any error was harmless; the child testified in detail about the incidents she recounted to the doctors, and their testimony was consistent with the victim's.
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| State v. Johnson, NO. 06-CA-647,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Although defendant's petition for the return of money seized by the sheriff's department was in proper form and its contents complied with La. Rev. Stat. Ann. § 40:2610B, the lack of proper service was a procedural defect that could not be cured, as service by certified mail, return receipt requested was mandatory, not discretionary.
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| State v. Lemon, NO. 06-KA-721,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Defendant's maximum 10-year sentence at hard labor for aggravated battery, La. Rev. Stat. Ann. § 14:34, was not constitutionally excessive under La. Const. art. I, § 20 because (1) he was 17 when he shot victim in the groin; (2) he had prior juvenile adjudications for possession and distribution of cocaine; and (3) victim suffered permanent injury.
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| State v. Mazique, NO. 06-KA-708,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: In a case involving a multiple offender bill, a trial court did not err by using a conviction for attempted obscenity because this was a felony under La. Code Crim. Proc. Ann. art. 933 and La. Rev. Stat. Ann. § 14:2 since defendant's sentencing exposure was for one and one-half years under La. Rev. Stat. Ann. §§ 14:106, 14:27.
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| State v. Mourra, NO. 06-KA-695,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Defendant entered a guilty plea to aggravated flight from an officer. While direct appeal was pending, defendant applied for post-conviction relief. Trial court did not err in dismissing the application pursuant to La. Code Crim. Proc. Ann. art. 930.4 because defendant raised the same issue in his application as he did on direct appeal.
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| Synigal v. Vanguard Car Rental, NO. 06-CA-761,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: The Louisiana Office of Workers' Compensation erred in finding that an employee was entitled to compensation benefits between her termination date and the date she had reached maximum medical improvement where her testimony and other evidence made clear that she was fired for violating the employer's policies against insubordination and profanity.
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| White v. Shell Exploration & Prod. Co., NO. 06-CA-677,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Summary judgment was properly granted to an oil company in a wrongful death and survival case because the job of removing several tanks was given to a welding company, which was an independent contractor since there was no retention of control. However, the record did not establish that the welding company owed no duty to a worker who was killed.
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