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   State Courts - Louisiana - March 10, 2006

  
State v. Chisley, No. 05-KH-1558, SUPREME COURT OF LOUISIANA, March 10, 2006, Decided
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State v. Crandell, No. 2005-KK-1060, SUPREME COURT OF LOUISIANA, March 10, 2006, Decided
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Overview: Defendant's application for certiorari was untimely filed under La. Sup. Ct. R. X, § 5(a); although application was filed within 30 days of court of appeal's denial of rehearing, rehearing of writ denial was not allowed and delay for seeking review ran from mailing of the notice of court of appeal's writ denial, not from its denial of rehearing.

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State v. Houston, No. 40,642-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 10, 2006, Judgment Rendered
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Overview: One of defendant's convictions was properly reduced to the attempted molestation of a juvenile because a rational factfinder could have found beyond a reasonable doubt that defendant had specific intent to commit molestation of that juvenile and that he engaged in an act tending directly toward accomplishing his goal.

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State v. Marullo, No. 05-KK-1921, SUPREME COURT OF LOUISIANA, March 10, 2006, Decided
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Overview: Inter alia, defendant was not protected by right of privacy guaranteed by La. Const. art. I, § 5 and court erred in granting his motion to suppress statements he made and test results from medical examination performed after he was arrested and while he was being treated in a hospital following vehicular accident which triggered his car's air bags.

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State v. Miller, No. 05-K-1111, SUPREME COURT OF LOUISIANA, March 10, 2006, Decided
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Overview: Granting of new trial was reinstated because the trial court did not act arbitrarily or capriciously but exercised it authority under La. Code Crim. Proc. Ann. art. 851(5) for reasons firmly grounded in the record of trial and post-verdict proceedings and in the discharge of its duty to administer justice.

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State v. Moossy, No. 40,566-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 10, 2006, Judgment Rendered
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Overview: Defendant's mid-range sentence of 5 years at hard labor, with credit for time served, for conviction of aggravated battery, in violation of La. Rev. Stat. Ann. § 14:34, was not excessive and did not violate La. Const. art. 1, § 20; the offense was committed with a tree limb which, in the manner used, was a dangerous weapon and victim was injured.

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State v. Scott, No. 04-K-1312, SUPREME COURT OF LOUISIANA, March 10, 2006, Decided
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