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| Spell v. Mallett, Inc., CA 06-1477,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Summary judgment was properly awarded to an employer's insurer in an employee's personal injury action where the clear, explicit language of the policy read that the insurance did not apply to the employee's injuries that he suffered when falling from a ladder when removing inadequately supported trusses while working for the employer.
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| State v. Butler, No. 41,982-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 2, 2007, Judgment Rendered
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Overview: Defendant's sentence of four years for felony theft in excess of $ 500, under La. Rev. Stat. Ann. § 14:67, was affirmed as trial court was cognizant of the sentencing considerations of La. Code Crim. Proc. Ann. art. 894.1 and sentence was not constitutionally excessive because sentence was not grossly disproportionate to the seriousness of offense.
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| State v. Griffin, No. 41,946-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 2, 2007, Judgment Rendered
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Overview: Appellate court declined to correct defendant's sentence under La. Code Crim. Proc. Ann. art. 882(A) where he was not prejudiced by trial court's failure to impose mandatory $ 2,000 fine for driving while intoxicated, third offense; given defendant's indigent status and throat cancer, amendment of his sentence to include fine would be injudicious.
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| State v. Hawkins, 06-1599,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Under La. Code Crim. Proc. Ann. art. 883, consecutive sentences for separate offenses of simple burglary of inhabited dwellings and theft of firearms were appropriate as trial court found that 1) defendant had past history of felony theft and simple burglary; 2) he did not mitigate victims' losses; and 3) he showed disregard for victims' property.
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| State v. Mitchell, NO. 2006-KA-1606,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 2, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of attempted possession of crack cocaine, La. Rev. Stat. Ann. §§ 14:27, 40:967, because (1) he knew that drugs were in his immediate vicinity; (2) he had actual possession of drugs for short moment; and (3) he had access to discarded drugs since he discarded them next to steps leading into his apartment.
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| State v. Monk, No. 42,067-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 2, 2007, Judgment Rendered
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Overview: After bar fight, defendant ran victim over with his truck. Imposing five year maximum sentence for negligent homicide was not excessive under La. Const. art. I, § 20 as he recklessly drove out of a parking lot onto a street at a high rate of speed and ran over victim, and he refused to stop and render aid for fear of losing his college scholarship.
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| State v. Richards, 06-1553,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Evidence was sufficient to sustain a second degree murder conviction, La. Rev. Stat. Ann. § 14:30.1, because defendant stabbed the victim over a ten-minute period until after the victim expired, after the victim died, defendant stabbed him at least once more, concealed the body, and disposed of evidence before fleeing with additional evidence.
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| State v. Roberson, KA 06-1568,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of simple robbery under La. Rev. Stat. Ann. § 14:65(A) as (1) deodorant that defendant took from the store without paying for it was in the immediate control of the store's employees; and (2) she used force or intimidation to take deodorant as she pushed and/or threatened a store manager and an employee.
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| State v. Swaggart, 07-55,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: A trial court erred in granting defendant's motion to quash a bill of information with regard to a charge of driving while intoxicated, second offense, because defendant failed to prove that there was an infringement of his rights or a procedural irregularity in the taking of his prior plea of guilty to driving while intoxicated.
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| State v. Westfall, 07-8,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Defendant's sentence of two and one-half years at hard labor on each count of obtaining a controlled dangerous substance (CDS) by fraud was affirmed because defendant's criminal history included a previous conviction for ten counts of obtaining a CDS by fraud, and defendant's sentence was half of the maximum she could have received.
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