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| State v. Booker, No. 41,665-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Where the 20-year-old male defendant confessed to having sexual intercourse with an 11-year-old female, the trial court's imposition of a five-year sentence at hard labor without parole for sexual battery was within the range permitted by La. Rev. Stat. Ann. § 14:43.1. The sentence was not grossly disproportionate to the severity of the offense.
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| State v. Grady, No. 41,693-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Defendant's 50-year sentence for armed robbery was not excessive under La. Const. art. I, § 20 as defendant participated in a brutal home invasion which led to the death of an elderly woman, and defendant benefited greatly from the plea bargain which dismissed second degree murder and aggravated burglary charges against him.
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| State v. Griffith, No. 41,849-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: After pleading guilty to forcible rape in violation of La. Rev. Stat. Ann. § 14:42.1, of his 5-year-old male cousin, defendant's sentence of 23 years imprisonment at hard labor was not excessive; it was just over half maximum possible sentence for the crime, court complied with La. Code Crim. Proc. Ann. art. 894.1, and tailored sentence to offense.
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| State v. Guidry, No. 41,694-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Evidence was sufficient to sustain a second degree murder conviction because, even without defendant's jailhouse confession, the evidence showed that he had an affair with the victim, she financially supported defendant, defendant admitted that he took the victim for a drive, and the victim's car was found with an unusual amount of mud on it.
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| State v. Hailey, No. 41,897-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In trial for attempted murder, evidence was sufficient to support conviction because there was no substantial question that defendant, not his brother, was the perpetrator of the offense. Appellate court also refused to consider issue as to whether jurors failed to understand jury instructions, pursuant to La. Code Evid. Ann. art. 606.
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| State v. Hill, No. 41,925-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Bail bond company sought to set aside judgment of bond forfeiture and to realease surety. Pursuant to La. Rev. Stat. Ann. § 15:85(5), claim had not prescribed because bail bond had six months to file motion from mailing of notice of judgment, but bail bond company failed to show compliance with requirements of La. Code Crim. Proc. Ann. art. 345.
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| State v. Honeycutt, No. 41,601-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Pursuant to La. Code Crim. Proc. Ann. art. 556.1(A)(3), although trial court did not specifically inform defendant of right to jury trial at time of plea, he was informed at arraignment, and plea was freely, intelligently, and voluntarily made; denial of motion to withdraw, La. Code Crim. Proc. Ann. art. 559, was proper. Sentence was not excessive.
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| State v. Jerred, No. 41,622-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In a possession of marijuana, second offense case, denial of defendant's motion to suppress the predicate offense was proper as he knowingly and intelligently waived his right to counsel during the hearing in his predicate offense case, and the trial court complied with the requirements of La. Code Crim. Proc. Ann. art. 556.
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| State v. Jones, NO. 41,672-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Where defendant was convicted of four counts of second degree kidnapping under La. Rev. Stat. Ann. § 14:44.1, the bill of information which was signed by a district attorney; there was sufficient evidence to support the verdict; the sentences were within the statutory range; and defendant was represented by counsel. His appeal was frivolous.
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| State v. Lathan, No. 41,855-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In trial for manslaughter, trial court properly denied motion to quash indictment, pursuant to La. Code Crim. Proc. Ann. art. 934(7), because institution of prosecution occurred upon finding of indictment. Also, trial court properly excluded evidence, pursuant to La. Code Evid. Ann. art. 404, of victim's HIV status, drug use, and alleged thievery.
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