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State Courts -
Louisiana - March 13, 2007
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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. 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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