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   State Courts - Louisiana - March 7, 2007

  
State v. Allen, NO. 2006-KA-1434, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: Defendant's conviction for manslaughter in violation of La. Rev. Stat. Ann. § 14:31 was appropriate because any rational trier of fact could have found that defendant twice threatened to kill the victim and that defendant stabbed the victim to death.

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State v. Jaramillo, 06-1377, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of sexual battery, La. Rev. Stat. Ann. § 14:43.1, as (1) victim testified that defendant put his private organ in victim's mouth and on his behind; (2) victim was 10 years old at the time; (3) victim's testimony alone was sufficient to prove elements of offense; and (4) victim was competent to testify.

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State v. Noel, 06-1129, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Defendant's three-year sentence for second degree battery, La. Rev. Stat. Ann. § 14:34.1, was not excessive, La. Const. art. I, § 20, as girlfriend's mother intervened in fight and sustained serious bodily injury, including closed head injury, and fracture of her maxillary sinus and mandible. Also, she was in coma and had to have tracheotomy done.

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State v. R.W.W., 06-1253, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of aggravated rape and sexual battery, La. Rev. Stat. Ann. §§ 14:42, 14:43.1, as 1) he engaged in oral sex with first victim when she was only 12 years old, and he touched her privates and forced her to touch his privates when she was not yet 15; and 2) second victim was six when he touched her privates.

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State v. Thomas, NO. 2006-KA-1294, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: Defendant's two-year sentence pursuant to La. Rev. Stat. Ann. § 40:967 for possession of cocaine was not excessive as the evidence showed that he discarded a bag containing approximately 30 pieces of crack cocaine and was accompanied at the time by his brother, who was armed, and defendant did not indicate any mitigating factors.

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State v. Williams, 06-1247, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Evidence was sufficient for defendant's conviction of filing a false record because ballot affidavit included certification of truth that had to be signed by voter and signing as witness that signed certification of truth was sworn to and subscribed in signer's presence when it was not was false representation under La. Rev. Stat. Ann. § 14:133.

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Thibodeaux v. Conoco Phillips Co., 06-1282, consolidated with 06-1429, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Dismissal of an appeal from an award of attorney fees in a class action lawsuit was appropriate under La. Code Civ. Proc. Ann. art. 2085 because an attorney appeared at the hearing and accepted the fees awarded; moreover, economic duress caused by hurricanes in the area was not sufficient to vitiate consent under La. Civ. Code Ann. art. 1959.

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Thibodeaux v. Conoco Phillips Co., 06-1429, consolidated with 06-1282, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Thomas v. Duncan, No. 41,938-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 7, 2007, Judgment Rendered
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Overview: Fault allocation was not manifestly erroneous or clearly wrong, as child testified he was not able to see car that struck him until just before crash because of small hill; testimony was not contradicted. Decision not to allocate fault to child turned on decision to credit child's testimony as truthful, which court of appeal would not upset.

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Too Easy Entm't, LLC v. Seven Arts Pictures, Inc., NO. 2006-CA-0015, C/W NO. 2006-CA-0515, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 7, 2007, Decided
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