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| State v. Montz, NO. 2006-KA-1068,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: A motion for a change of venue under La. Code Crim. Proc. Ann. art. 622 was improperly granted in a manslaughter case because no voir dire had been conducted; evidence from a defense pollster alone was insufficient, and the other reasons cited by a trial court did not rise to the level of prejudice required under article 622.
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| State v. Payton, NO. 2006-KA-1202,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: The granting of defendant's motion to quash the bill of information was improper because the unavailability of a State witness was a legitimate reason for the delay of trial. Thus, defendant's speedy-trial rights under La. Const. art. I, § 16 and under U.S. Const. amend. VI were not violated.
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| State v. Purland, No. 41,896-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Because La. Rev. Stat. Ann. § 15:529.1(G) did not authorize the trial court to impose an enhanced sentence without benefit of parole, arson defendant's sentence was amended by vacating that part of the sentence imposed without benefit of parole.
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| State v. Reynolds, No. 41,612-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: As defendant did more than merely touch the genitals of the victim, as there was penetration after the victim told defendant she did not want to have sex and tried to resist, and as defendant benefited from a reduced charge due to a plea bargain, his five-year sentence for sexual battery under La. Rev. Stat. Ann. § 14:43.1 was not excessive.
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| State v. Sermons, NO. 41,746-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In trial for DWI, fourth offense, a violation of La. Rev. Stat. Ann. § 14:98, evidence was sufficient to sustain defendant's conviction because defendant admitted to drinking and driving a van to a church's parking lot. Also, defendant's field sobriety tests were videotaped. Moreover, defendant's sentence was not excessive.
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| State v. Traylor, No. 41,840-KA, Consolidated with, No. 41,841-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Defendant's 14-year total sentence on counts of distribution of cocaine, possession of cocaine with intent to distribute, and possession of cocaine, second offense, was not excessive under La. Const. art. I, § 20 as he obtained a substantial reduction in sentencing exposure under the plea agreement and he had a long history of criminal conduct.
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| State v. Tyner, No. 41,937-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Evidence was sufficient to sustain an aggravated battery conviction, La. Rev. Stat. Ann. § 14:34, because defendant struck the victim on the head with a metal pipe with sufficient force to create a large cut and cause copious amounts of bleeding, and the metal pipe was a dangerous weapon, due both to its weight and the manner in which it was used.
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| State v. Williams, No. 41,816-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Defendant had just been released on parole for a manslaughter charge, and he was stopped by an officer and found to be in possession of a loaded handgun. The trial court's imposition of the maximum fifteen-year sentence under La. Rev. Stat. Ann. § 14:95.1.B for possession of a firearm by a convicted felon was not excessive.
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| Succession of Hinds, 06-846,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 28, 2007, Opinion Rendered
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Overview: Even though a document entitled "codicil" did not meet the requirements of La. Civ. Code Ann. art. 1577 because it had no witness attestation clause, it was held to be a valid portion of a will where the documents were executed and drafted together, the will contained the clause, and all other formalities were satisfied.
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