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State Courts -
Louisiana - February 7, 2007
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State v. Brandenburg, 06-1158,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Evidence was sufficient to sustain a conviction for aggravated burglary, La. Rev. Stat. Ann. § 14:60, because in the morning, defendant slapped the victim and threatened to cut his child's throat, when he returned to the house, despite being told that he was not welcome, he kicked down the front door and beat the victim.
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State v. Despanie, KA 06-1269,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Defendant, nursing assistant, raped 92-year-old woman suffering from dementia. His sentence of 25 years was not excessive, La. Const. art. I, § 20, as 1) co-worker stated that victim was not of sound mind; and 2) although originally charge with aggravated rape, he received benefit of pleading no contest to simple rape, La. Rev. Stat. Ann. § 14:43.
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State v. Hunter, 06-1156,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Probable cause existed to arrest defendant for possession of marijuana upon deputy seeing suspected marijuana residue on his shirt and smelling marijuana smoke on him. Thus, record supported determination that search of defendant's person, in which deputy found two Ecstasy pills on him, was a valid search incident to arrest, La. Const. art. I, § 5.
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State v. Johnson, 06-1263,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Evidence was insufficient to prove second degree murder, but supported a conviction of manslaughter, La. Rev. Stat. Ann. § 14:31, because defendant was asleep when the victim arrived, he did not want the victim in his home, he was tricked into opening his door, and defendant then had to fight to keep the victim out.
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