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   State Courts - Louisiana - February 22, 2006

  
Siverd v. Permanent Gen. Ins. Co., No. 2005-C-0973, SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Court of appeal erred in reversing trial court and finding jury had erred in failing to find negligence on part of a paving contractor in driver's death; appellate court substituted its judgment for that of jury rather than determining whether jury's verdict was reasonable as jury heard evidence and unanimously chose between conflicting testimony.

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State v. Jones, No. 2005-K-0226, SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: While La. Const. art. I, § 17 and La. Code Crim. Proc. Ann. art. 782 required jury of 6 hear defendant's DWI case, his conviction by unanimous jury of 12 was not a structural error; thus his conviction was subject to harmless error analysis. Larger jury than required no longer was a non-waivable jurisdictional defect subject to automatic reversal.

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State v. Kujawa, NO. 2005 KA 0470, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 22, 2006, Judgment Rendered
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Overview: Defendant's conviction and separate sentences for 15 counts of pornography involving juveniles in violation of La. Rev. Stat. Ann. § 14:81.1 was proper under the Fifth Amendment's double jeopardy protections because defendant's emphasis in the statute upon the plural form on the contraband items was misplaced.

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State v. Pigford, No. 05-K-0477, SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Court of appeal erred in reversing La. Rev. Stat. Ann. § 40:966(A)(1) conviction of possession of marijuana with intent to distribute by substituting its view of evidence for jury's; evidence suggested no other hypothesis necessarily giving rise to reasonable doubt as to defendant's guilty knowledge of marijuana in trailer of his 18-wheel truck.

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