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State Courts -
Louisiana - April 4, 2007
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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. 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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