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   State Courts - Louisiana - April 4, 2007

  
State v. Campechano, NO. 2006-KA-1329, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Motion to quash was reversed and remanded because defendant's remedy for the speedy trial violation was release from jail pursuant to La. Code Crim. Proc. Ann. art. 701, and quashal was not the appropriate remedy for a speedy trial violation and defendant was already given relief for violation of his right to a speedy trial.

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State v. Ford, 06-1435, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Defendant was convicted and sentenced for vehicular homicide after a collision with a bicyclist resulted in death. Defendant's guilty plea proceeding was faulty because factual basis in record failed to show defendant had an understanding of causation, which was an essential element of the offense, pursuant to La. Rev. Stat. Ann. § 14:32.1(A)(3).

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State v. Fuslier, 06-1438, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of misdemeanor offenses of vehicular negligent injuring and driving left of center, La. Rev. Stat. Ann. §§ 14:39.1, 32:71, because position of vehicles after accident and debris field from accident was located in eastbound lane, indicating that defendant left his lane of travel and entered victims' lane.

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State v. Grant, No. 41,745-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Evidence was sufficient to convict defendant of possession of a Schedule II controlled dangerous substance with intent to distribute because (1) a narcotics agent testified that he saw defendant drop a plastic baggie, which contained cocaine, into a hole in the wall of a bathroom; and (2) the cocaine was packed for sale and not for personal use.

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State v. H.B., KA 06-1436, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Trial court did not err in ordering that defendant's sentences run consecutively and his sentences were not excessive under La. Const. art. I, § 20 because (1) he committed the sexual offenses against three different child victims on different dates; and (2) he received a substantial sentencing benefit for pleading guilty to the amended charges.

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State v. Harvey, NO. 2006-KA-1196, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 4, 2007, Decided
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Overview: Trial court erred in quashing bill of information pursuant to La. Code Crim. Proc. Ann. art. 707. Under La. Code Crim. Proc. Ann. art. 578(2), State did not exceed two-year deadline from institution of prosecution in which to bring defendant to trial; defendant's speedy trial rights were not violated as most of delay was attributable to defendant.

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State v. Lanphier, KA06-1509/KA06-1510, KH06-1020/KH06-1135, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Trial court properly denied defendant's motion to request production of district attorney's file pursuant to La. Code Crim. Proc. Ann. art. 822(B) where he had not filed an application for postconviction relief, as required by La. Code Crim. Proc. Ann. art. 924 et seq; he failed to meet his burden of demonstrating particularized need for documents.

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State v. Smith, No. 41,829-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Where defendant pled guilty to felony criminal damage to property under La. Rev. Stat. Ann. § 14:56, even though the property damage was below the $ 500 threshold amount, his conviction was valid because there was no necessity to ascertain a factual basis for the plea since, inter alia, he agreed to the facts set forth by the district attorney.

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State v. Taylor, No. 41,898-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Defendant's 50-year prison sentence, which was imposed upon of his plea of guilty to attempted aggravated rape, was not excessive or grossly disproportionate due to age of six-year-old victim and fact that defendant had been previously convicted of almost identical crime. Even though maximum sentence was imposed, there was no constitutional error.

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State v. Tensley, No. 41,726-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Although evidence was sufficient to convict defendant mother and defendant boyfriend of second degree murder while engaged in cruelty to juvenile, La. Rev. Stat. Ann. §§ 14:30.1, 14:93, their convictions were reversed because the conflict of interest concerning attorney's prior representation of both defendants violated their constitutional rights.

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