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| State v. Humphries, No. 40,810-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Evidence was sufficient to convict defendant of two counts of aggravated rape and two counts of molestation of a juvenile involving minors, La. Rev. Stat. Ann. §§ 14:42 and 14:81.2(A), based on 1) two minor victims' testimony, explaining, with specificity, what defendant did to them; and 2) the testimony of several experts who interviewed victims.
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| State v. Jackson, Nos. 40,949-KA and 40,950-KA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In discovery issue, there was no surprise because defense knew early on what defendant had told the investigators and a witness was subject to cross-examination by defendant. Thus, pursuant to La. Code Crim. Proc. Ann. arts. 716, 718, and 723, trial court did not err in not producing the detective's notes taken during defendant's oral confession.
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| State v. Johnson, No. 40,847-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Defendant's motion to suppress was properly denied in marijuana possession case, as officer, while making consensual search under Fourth Amendment and La. Const. art. I, § 5, saw what appeared to be marijuana in commode; substance, its location, and officer's experience provided enough information for officer to conclude substance was contraband.
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| State v. Lane, No. 40,816-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Sentence of life imprisonment without benefits, as mandated by habitual offender law for 4th felony offenders, for conviction of La. Rev. Stat. Ann. § 14:64 armed robbery, was not excessive and, inter alia, court did not have to list factors in La. Code Crim. Proc. Ann. art. 894.1 as sentence was statutorily mandated thus court had no discretion.
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| State v. Lee, NO. 2005-KA-1196,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: Defendant was competent to stand trial, La. Code Crim. Proc. Ann. art. 647, where he testified in his own defense, he was clearly able to recall and relate the facts pertaining to his actions and whereabouts, and the transcript of defendant's testimony demonstrated that he understood the questions and gave responsive answers that were coherent.
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| State v. Morgan, No. 40,976-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Defendant's six-year sentence for simple burglary to be served consecutively with a four-year sentence for attempted simple burglary as per La. Code Crim. Proc. Ann. art. 883 was not excessive as defendant received the benefit of a favorable plea agreement, had an extensive criminal record, and failed to respond favorably in the past to probation.
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| State v. Morrison, No. 40,852-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Evidence supported defendant's conviction on 2 counts of indecent behavior with a juvenile under La. Rev. Stat. Ann. § 14:81 where the victims did not know each other but gave similar testimony about defendant's pattern of seducing young girls and sexual abuse, and his 5 1/2 year sentence was not excessive even though he was a first time offender.
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| State v. Reed, No. 40,975-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Defendant's sentence for four years at hard labor for unauthorized entry of an inhabited dwelling was not excessive or in violation of La. Code Crim. Proc. Ann. art. 894.1 as La. Rev. Stat. Ann. § 14:62.3 provided that the sentence could not exceed six years, and defendant was a third felony offender.
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| State v. Robertson, No. 40,626-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Evidence was sufficient to support defendant's manslaughter conviction under La. Rev. Stat. Ann. § 14:31 where defendant admitted pulling the gun's trigger while pointing it in his wife's direction, showing that his many explanations as to the shooting's actual nature were unreasonable.
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| State v. Sweat, No. 40,625-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In a simple burglary conviction, under La. Rev. Stat. Ann. § 15:529.1(G), trial court did not err in disallowing defendant the benefits of probation and suspension of sentence. However, trial court erred in ordering defendant's sentence be served without the benefit of parole. Thus, his sentence was amended to delete the prohibition against parole.
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