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| State v. Lemon, NO. 05-KA-567 C/W 05-KA-568,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant was found guilty of aggravated battery in violation of La. Rev. Stat. Ann. § 14:34; however, trial court erred in using defendant's juvenile adjudication as a predicate offense and adjudicating him a second felony offender because his habitual offender adjudication under La. Rev. Stat. Ann. § 15:529.1 was not constitutionally permissible.
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| State v. Paul, NO. 05-KA-612,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of possession of a firearm by a convicted felon, La. Rev. Stat. Ann. § 14:95.1, as 1) officer saw gun barrel protruding from between two pillows on side of defendant's bed; 2) personal documents bearing defendant's name were found in the room; and 3) his father admitted that defendant slept in that room.
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| State v. Polizzi, NO. 05-KA-478,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Evidence was sufficient to sustain a forcible rape conviction, La. Rev. Stat. § 14:42.1, where defendant used his position of authority and his size to accomplish sexual intercourse with the victim, she knew he carried a knife, she was afraid of defendant, and she repeatedly told defendant to stop, to no avail.
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| State v. Shank, NO. 05-KA-421,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's conviction for aggravated rape, in violation of La. Rev. Stat. Ann. § 14:42, was supported by sufficient evidence where five-year-old victim and the other State witnesses were found to be credible; according to police officer, defendant stated that he had been on drugs and thought that he was having sex with his girlfriend at the time.
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| State v. Singleton, NO. 05-KA-634,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's 35-year sentence for armed robbery, a violation of La. Rev. Stat. Ann. § 14:64, did not violate Fourth Amendment or La. Const. art. I, § 20; sentence was below mid-range, and defendant pulled the victim's earring from her ear and placed her in fear of her life and severe emotional distress by placing gun to her ear and cocking it back.
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| State v. Williams, NO. 05-KA-582,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion to suppress drug evidence because deputy had reasonable suspicion pursuant to La. Code Crim. Proc. Ann. art. 215.1 to conduct an investigatory stop; deputy saw what he thought was concealed weapon, which turned out to be a knife, the area was a "high drug area," and defendant acted suspiciously.
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| State v. Young, NO. 05-KA-702,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Conviction of attempted possession of cocaine was affirmed because defendant was observed throwing something down, which the officers could hear when it hit the ground, and the officers found a glass pipe in the throw-down area and a large rock of crack cocaine a couple of feet from where defendant had been standing.
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| Succession of Linder, NO. 05-CA-640,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: The denial of an exception of prescription was an interlocutory judgment that was not subject to appeal, absent irreparable harm; however, the judgment appealed by an executor could have been properly taken under the appellate court's supervisory jurisdiction and he was given 30 days to submit a proper writ application.
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