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   State Courts - Louisiana - March 13, 2007

  
State Dep't of Soc. Servs. v. Reuther, NO. 06-CA-842, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Pursuant to La. Rev. Stat. Ann. § 9:315.2, there was insufficient documentation to support child support award rendered as there were discrepancies in father's income and there was no documentation of current and past earnings, as well as federal income tax statements, and no supporting documentation on private school tuition included in the award.

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State v. Batiste, NO. 06-KA-824, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: In a manslaughter case, defendant's maximum forty year sentence was not excessive, Eighth Amendment, because the court noted mitigating factors, it noted that defendant shot the victim twice in the head, manifesting deliberate cruelty, and any lesser sentence would have depreciated the seriousness of the crime.

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State v. Falcon, NO. 06-KA-798, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Defendant's conviction for solicitation to commit the second-degree murder of his estranged wife, in violation of La. Rev. Stat. Ann. § 14:28.1, was appropriate because the evidence showed that defendant failed to establish that he was induced by a government agent to solicit murder. Thus, his entrapment defense failed.

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State v. Rose, NO. 2005-KA-0396, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 13, 2007, Decided
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Overview: In matter that was considered on remand from supreme court, intermediate appellate court concluded that there was sufficient evidence to sustain defendant's conviction because evidence excluded every reasonable hypothesis of innocence and established defendant's guilt beyond a reasonable doubt.

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State v. Taylor, NO. 06-KA-839, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Defendant did not rebut the presumption that the minimum sentence for fourth felony offender was constitutional and, as such, trial court did not abuse its wide discretion in refusing to deviate from the mandatory minimum 20-year enhanced sentence. Thus, defendant's sentence was not excessive under the Eighth Amendment or La. Const. art. I, § 20.

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Williams v. A Day to Remember Invitations, LLC, NO. 06-CA-757, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: A grant of summary judgment in favor of a business and its owner in the renter's action for breach of contract was appropriate because the business and its owner submitted several affidavits stating that the facility in question was able to fulfill the terms of the contract. The renter failed to produce any evidence contradicting those affidavits.

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