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   State Courts - Louisiana - March 1, 2006

  
State v. Pitre, 05-1128 consolidated with 05-405, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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State v. Pitre, 05-405 consolidated with 05-1128, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Defendant's motion to suppress was denied because (1) a Houston detective did not violate defendant's right to remain silent under the Fifth Amendment by informing him of what he would be charged with in Louisiana and the extradition process; and (2) he waived his right to remain silent when he spontaneously blurted out an inculpatory statement.

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State v. Poche, 05-1042, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Defendant validly waived his right to counsel under the Sixth Amendment where he filed numerous pretrial pro se briefs, the court granted hearings on several of the motions, after being advised of the elements of the offenses defendant stated that he understood the charges, and defendant had prior experience with the judicial system.

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State v. Roberson, 05-1206, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: First degree robbery conviction under La. Rev. Stat. Ann. § 14:64.1 was vacated and remanded because defendant received ineffective assistance of counsel, when the inadmissible evidence presented to the jury of defendant's willingness to enter a plea was clearly prejudicial and defense counsel failed to object.

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State v. Smith, 05-1355, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Delivered
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Overview: Appeal was dismissed and remanded because once defendant's conviction and sentence became final, defendant could no longer obtain an appeal by simply filing a motion for appeal, and defendant's motion for appeal should have been treated by the trial court as an application for post conviction relief requesting an out-of-time appeal.

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State v. Thibodeaux, 05-1187, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: In a molestation case, although the trial court failed to comply with La. Code Crim. Proc. Ann. art. 894.1, the record supported the 10-year sentences on three counts where defendant was in a supervisory familial relationship to victims, the abuses occurred over a five-year period, and defendant admitted to a year of abuse.

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State v. Thomas, 05-1051, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: By increasing the amount of restitution awarded to a victim at the motion to reconsider hearing, the trial court resentenced defendant; thus, his presence was required by La. Code Crim. Proc. Ann. art. 835. Therefore, appellate court had to remand case to trial court for a consideration of the imposition of restitution while defendant was present.

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State v. Williams, 05-1338, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: The State did not need to present evidence that defendant used a weapon to be convicted of aggravated rape as the fact that the victim was 77-years-old at the time of the rape was sufficient to support the conviction under La. Rev. Stat. Ann. § 14:42.

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Stracener v. Joubert, 05-1121, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Trial court erred in applying La. Rev. Stat. Ann. § 9:344 (rather than La. Civ. Code Ann. 136) in determining the paternal grandparents' visitation schedule as the child's father was killed in a car accident after his divorce from the mother; the fact that the judgment of divorce was not signed until the day after his death was of no consequence.

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Succession of Gunter, CA 05-1122, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Exceptions of no right of action granted in favor of the widow and her attorney were affirmed because while the claimants may have had an interest in the property that was part of the succession proceedings, they had no interest whatsoever in the succession of the husband.

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