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| State v. Hargrove, No. 40,427-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Defendant's habitual offender sentence of 100 years under La. Rev. Stat. Ann. § 15:529.1(A)(1)(a) for armed robbery, among others, considering his prior criminal history and the violence of the offenses where defendant watched while his accomplice pistol-whipped the victim, stole his money and credit cards, and both used the victim's credit cards.
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| State v. King, KA05-1543,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 8, 2006, Opinion Rendered
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Overview: Because defendant failed to file his motion for appeal within the 30 day time period provided by La. Code Crim. Proc. Ann. art. 914, his conviction and sentence became final. But, defendant was to be permitted an opportunity to amend his motion for appeal, and State was to be given an opportunity to contest the granting of an out-of-time appeal.
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| State v. Mahoney, No. 40,771-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Defendant's 20-year sentence at hard labor for aggravated incest was not excessive and in violation of La. Const. art. I, § 20 as the victim was defendant's daughter, who was five-years-old when the abuse began, the abuse continued for over two years, and defendant admitted to committing between 60 and 70 incidents of aggravated incest against her.
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| State v. Seals, No. 40,597-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Sentence imposed for armed robbery was less than one-third of the maximum sentence for a second-felony offender convicted of armed robbery. Thus, under La. Code Crim. Proc. Ann. art. 894.1 and La. Const. art. 1, § 20, sentence imposed was not excessive, grossly disproportionate to the severity of the offense, or shocking to the sense of justice.
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| State v. Smith, No. 40,752-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Defendant's sentence of 20 years at hard labor without benefit of probation, parole, or suspension of sentence for attempted second degree kidnapping was not excessive and did not violate La. Const. art. I, § 20 as he was a multiple offender who had spent most of his life in prison, and there was an undue risk that he would commit another crime.
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| State v. Solomon, No. 40,659-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Defendant's conviction for simple burglary in violation of La. Rev. Stat. Ann. § 14:62(A) was proper where a corporal identified defendant as the man he saw attempting to break into a vehicle and then fleeing. Another witness identified the stereo equipment, face plate, and cell phones found on defendant as items stolen from her vehicle.
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| State v. Stanton, NO. 2005-KA-0812,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 8, 2006, Decided
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Overview: Where the aggravating circumstances under La. Code Crim. Proc. Ann. art. 894.1(B) showed that defendant had no regard for human life when he fired a gun at a victim during an attempted robbery, and he had an extensive juvenile record, 45-year and 20-year sentences were not excessive under U.S. Const. amend. VIII or La. Const. art. I, § 20.
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| State v. Stapleton, NO. 40,772-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: In a pornography involving juveniles case, denial of defendant's motion to suppress was proper; while the warrant authorizing the search of defendant's computer did not mention the floppy disks, the officer was authorized to extend his search of the computer's hard drive to include the accompanying disks under La. Code Crim. Proc. Ann. art. 165.
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| State v. Traylor, No. 40,627-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Even considering the mitigating factors, defendant's midrange 15-year sentence for possession of marijuana with the intent to distribute was not excessive and did not violate La. Const. art. I, § 20 considering his significant criminal history dating back over 25 years, his failure at drug treatment, and the benefit he received in the plea bargain.
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| Tommie's Novelty v. Velasco, No. 40,483-CA, 40,484-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: In an injured employee's suit seeking disbursement of funds entered into the court registry by the tortfeasor's insurer, the trial court's Moody Fees award under La. Rev. Stat. Ann. § 23:1103 was reasonable as it was through the employee's attorney's efforts that the other driver's insurer tendered its policy limits into the registry of the court.
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