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   State Courts - Louisiana - January 25, 2006

  
State v. Breaux, NO. 2005-KK-2359, SUPREME COURT OF LOUISIANA, January 25, 2006, Decided
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State v. Broadway, No. 40,569-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: In an attempted cultivation of marijuana case, denial of defendant's motion to suppress his confession under La. Code Crim. Proc. Ann. art. 703 was proper as it was an aerial surveillance and sighting of a marijuana plant near defendant's residence, not the warrantless entry of his residence, from which defendant's confession flowed.

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State v. Gayden, No. 40,388-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Where defendant raped the fourteen-year-old victim, she was impregnated and gave birth to the baby. Upon defendant's plea of guilty to carnal knowledge of a minor, the trial court's imposition of a sentence of seven years at hard labor was not excessive. The offense carried a maximum sentence of 10 years under La. Rev. Stat. Ann. § 14:80(D).

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State v. Goins, NO. 40,364-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: In trial for murder, defendant's right to a speedy trial was not violated after she submitted a handwritten letter to trial court, seeking to quash her indictment and alleging speedy trial violations because defendant's incompetency caused an interruption and defendant's guilty plea was entered within 18 months of her restoration to competency.

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State v. Jones, No. 40,652-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Defendant's conviction for second-degree murder was proper pursuant to La. Rev. Stat. Ann. § 14:30.1 where the testimony of a witness sufficiently proved that defendant fired several shots at the victim, and that action was indicative of defendant's specific intent to kill or inflict great bodily harm upon the victim.

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State v. Miller, No. 40,492-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Bailor posted bond for an acquaintance in city court; bailor's acquaintance agreed to forfeit the bail to pay fines, but bailor objected. City correctly asserted that bailor had no standing because bailor failed to present evidence of written suretyship, and the provisions of La. Rev. Stat. Ann. § 15:85 provided the bailor had no right of action.

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State v. Morris, No. 40,322-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Although defendant was a first-time felony offender, 30-year sentence for each of 3 counts of armed robbery to run concurrent was not excessive given that defendant used a dangerous weapon in each and that he committed series of 3 armed robberies within 3 months.

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State v. Perry, No. 40,574-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Evidence was sufficient to support defendant's conviction for La. Rev. Stat. Ann. § 14:62 burglary where, inter alia, co-defendant's testimony was corroborated by video tape showing 3 men getting out of car and breaking into building, further, next night all of participants, including defendant, were found in the car with a bolt cutter and pry bar.

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State v. Price, No. 40,437-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Considering that defendant was a second felony offender and that his sentence was less than one-fourth of the maximum sentence for possession with the intent to distribute a controlled substance within 1,000 feet of property used for school purposes under La. Rev. Stat. Ann. §§ 40:981.3, 40:966((B)(3), his 10-year sentence was not excessive.

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State v. Zeigler, No. 40,673-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Defendant's conviction for the distribution of cocaine in violation of La. Rev. Stat. Ann. § 40:967 was appropriate because, along with the physical evidence, it was proved beyond a reasonable doubt that defendant was guilty of distribution of cocaine since he transferred possession or control of the cocaine to his intended recipient.

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