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| Fleming v. Town of Jean Lafitte, NO. 06-CA-877 C/W 06-CA-878,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 27, 2007, Decided
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Overview: Under La. Code Civ. Proc. Ann. art. 1292, company did not successfully rebut presumption service was proper as indicated by sheriff's return and trial court did not err in denying petition to annul the default judgment; sheriff's return was contained in record and showed registered agent was served personally with original citation and petition.
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| State v. Edwards, NO. 06-KA-643,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 27, 2007, Decided
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Overview: Evidence was sufficient to sustain an aggravated battery conviction, La. Rev. Stat. Ann. § 14:34, because the State's witnesses testified that defendant was belligerent with the victim, he threatened to run over the victim, and according to a witness, defendant's vehicle was moving so fast that the victim did not have time to move out of the way.
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| State v. Harrison, NO. 06-KA-897,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 27, 2007, Decided
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Overview: Convictions on two counts of battery upon a police officer while in jail under La. Rev. Stat. Ann. § 14:34.2 and one count of simple battery under La. Rev. Stat. Ann. § 14:35, were affirmed because defendant struck the first deputy, defendant bit the second deputy, and defendant kicked the third deputy.
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| State v. Morrison, NO. 07-KA-5,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 27, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of unauthorized entry of inhabited dwelling, La. Rev. Stat. Ann. § 14:62.3(A), because (1) although complainant, a deputy, was not living in his apartment because it was severely damaged by hurricane, he considered it his home; (2) he went there almost daily; and (3) everything he had was in apartment.
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| State v. Tomlinson, NO. 06-KA-892,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 27, 2007, Decided
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Overview: Defendant's enhanced sentence was not constitutionally excessive, La. Const. art. I, § 20 and the Eighth Amendment, given that, pursuant to La. Rev. Stat. Ann. §§ 40:967B(4)(b) and 15:529.1A(1)(b)(i), defendant's 25-year enhanced sentence was on the lower end of the sentencing range, and defendant had a history of criminal convictions.
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