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| State v. Gross, NO. 05-KA-903,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Defendant's sentence for 75 years without the benefit of parole, probation, or suspension of sentence following his guilty plea to armed robbery in violation of La. Rev. Stat. Ann. § 14:64 was affirmed as the sentencing range was 10 to 99 years, and the armed robbery to which defendant pled guilty was not his first.
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| State v. Jackson, NO. 05-KA-923,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Experienced officer testified that defendant was involved in possession with intent to distribute marijuana offense based on quantity of drugs seized, value of drugs, and fact that items associated with dealers was found in residence. As intent was element of offense, other crimes evidence, La. Code Evid. Ann. art. 404(B)(1), was properly admitted.
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| State v. Jones, NO. 05-KA-840,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: State proved that cocaine transaction took place within 1,000 feet of a church under La. Rev. Stat. Ann. § 40:981.3 where an officer testified that it took place in front of a particular residence, which was within 1,000 feet of the church, and another officer measured the distance between the church and where the transaction occurred at 326 feet.
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| State v. McLaurin, NO. 05-CA-857,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Bond forfeiture was reversed and remanded because the bail bonding company was not notified of the change in the appearance date and deprived of the chance to ensure the accused's appearance in court.
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| State v. Smothers, NO. 05-KA-781,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: In unauthorized entry of a place of business conviction, guilty verdict was not surely unattributable to erroneous admission of hearsay evidence under La. Code Evid. Ann. art. 801(C), 802 as it appeared that jury used officers' testimony regarding tipster's physical description of suspect to infer that defendant was trying to break into building.
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| Steinberg v. La. Land & Exploration Co., NO. 05-CA-898,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Appellate court affirmed a trial court judgment that gave plaintiffs a servitude of passage without requiring indemnity as the lessee was not entitled to indemnity under La. Civ. Code Ann. 689 as it was not the owner, and the landowner's right to indemnity had been waived and prescribed.
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| Walker v. Walker, NO. 05-CA-879,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: In dispute over divorce agreement and addendum, trial court erred in ruling when wife was to begin receiving 32.5 percent of husband's retirement benefits because the agreement was a contract and general rules of contract interpretation applied, pursuant to La. Civ. Code Ann. art. 2046.
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| Weaver v. Malinda, NO. 05-CA-693 C/W 05-CA-694 & 05-CA-695 & 05-CA-696,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Arising from a car accident, summary judgment in favor of the levee district on injured passengers' claims was proper as the district could not be held liable under La. Rev. Stat. Ann. § 9:2800 when it did not maintain the neutral ground, where bushes and shrubs had obstructed the view of both drivers before the accident.
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