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| State v. Delagardelle, NO. 06-KA-898,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of aggravated burglary, La. Rev. Stat. Ann. § 14:60, because State proved that he armed himself with a dangerous weapon upon entering victim's home since most reasonable explanation for how knife from victim's kitchen got into closet where defendant was hiding was that he brought it with him upstairs.
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| State v. Ellis, Nos. 41,884-KA, 41,885-KA, Consolidated Cases,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 11, 2007, Judgment Rendered
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Overview: Defendant's sentences on cocaine and firearm charges of 10 years hard labor and 5 years hard labor, respectively, were not considered excessive because the trial court took into consideration La. Code. Crim. Proc. Ann. art. 894.1, and sentence on drug charge was more generous than excessive.
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| State v. Johnson, NO. 06-KA-859,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: State used two peremptory challenges to strike two prospective black jurors. But, two black people served on jury. There was no evidence of jury-shuffling, or that prosecutor questioned black jurors differently than white jurors. Thus, defendant did not prove purposeful discrimination, and trial judge did not err in denying his Batson challenges.
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| State v. Kerlec, NO. 06-KA-838,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Sentence of six years at hard labor, with first five to be served without benefit of probation, parole, or suspension of sentence, for possession with intent to distribute marijuana, was beyond trial court's authority, La. Rev. Stat. Ann. § 40:966(B)(3), and was amended as it could not deny parole, probation, or suspension of sentence eligibility.
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| State v. Moore, NO. 06-KA-875,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Defendant's conviction for the distribution of cocaine within 1,000 feet of a school under La. Rev. Stat. Ann. § 40:981.3 was appropriate because defendant acquiesced in representation by the indigent defender board until two days before trial. Further, he waited until the day of trial, after the jury was selected, to request to represent himself.
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| State v. Ruiz, NO. 06-KO-1755,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: Because the erroneous treatment of La. Rev. Stat. Ann. § 40:982 as a substantive element of the offense, thus placing defendant's prior offenses in the charging instrument and before the jury, did not necessarily render the trial fundamentally unfair, defendant's convictions for possession of cocaine and distribution of cocaine were affirmed.
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| State v. Severin, NO. 06-KA-906,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Search of defendant was proper, La. Const. art. I, § 5 and La. Code Crim. Proc. Ann. art. 703(D), where officer had reasonable information to believe that defendant was committing an offense, violating curfew, La. Rev. Stat. Ann. § 14:329.6(A); thus, officer had probable cause to arrest defendant and found cocaine in search incidental to arrest.
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| State v. Walker, No. 2006-KK-1045,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: An officer observed defendant involved in an apparent drug deal, and defendant fled into a third party's home and discarded the contraband. The seizure of the abandoned contraband from inside the residence and the arrest of defendant were not in violation of his rights under La. Const. art. 1, § 5 or the Fourth Amendment.
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| Stemley v. Goines, NO. 2006-CA-1556,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 11, 2007, Decided
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Overview: Court did not err in dismissing inmate's action for damages due to his wrongful incarceration stemming from error in calculation of "good time" credits where La. Rev. Stat. Ann. § 15:571.15 mandated that venue for actions contesting computation of sentence, discharge, parole, and good time dates should be brought in the Parish of East Baton Rouge.
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| Wash. St. Tammany Elec. Coop., Inc. v. La. PSC, No. 2006-CA-2814 c/w 2007-CA-109,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: Electric company complained that power company violated "300 foot rule" of La. Rev. Stat. Ann. § 45:123(A)(1). All proceedings following granting of an exception pursuant to Rules of Practices and Procedures of the Louisiana Public Service Commission were without effect because time delays for review never properly commenced.
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