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   State Courts - Louisiana - April 19, 2006

  
State v. Bordelon, 05-1507, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: Defendant's conviction for attempted forcible rape in violation of La. Rev. Stat. Ann. §§ 14:42.1(A)(1) and 14:27 was proper where it was clear from the victim's testimony that she was unable to resist by acts of force. She even attempted to use a box cutter to defend herself, but was overcome by force.

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State v. Mead, NO. 40,406-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Sufficient evidence supported defendant's adjudication as a third felony habitual offender under La. Rev. Stat. Ann. § 15:529.1, but the trial court erred in failing to consider whether the mandatory life sentence without parole was constitutional as applied to this defendant in accordance with the guidelines set out by the Louisiana Supreme Court.

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State v. Roberson, No. 40,809-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Evidence was sufficient to support defendant's second-degree murder conviction under La. Rev. Stat. Ann. § 14:30.1 where it showed that defendant rented the motel room where murder took place, and DNA evidence linked defendant to victim, including defendant's DNA evidence found in the motel room, and the victim's DNA found on defendant's clothing.

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Watters v. Dep't of Soc. Servs., NO. 2005-CA-0324 CONSOLIDATED WITH: NO. 2005-CA-0325 CONSOLIDATED WITH: NO. 2005-CA-0326, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 19, 2006, Decided
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Overview: Trial court did not err in finding that the employees and foster parents met the class requirements in La. Code Civ. Proc. Ann. art. 591, but the case was remanded because the trial court did not determine whether there was a causal connection between the exposure to the toxic substance and injury sustained in the defining of the classes.

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Wright v. La. Power & Light, No. 40,636-CA, No. 40,637-CA (consolidated),, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: In an action alleging fraud in an earlier products liability case, summary judgment was improperly granted to several manufacturers and their attorney because a genuine issue of material fact remained surrounding a car purchased and concealed by the attorney; there was a duty to disclose such under La. Code Civ. Proc. Ann. art. 1428(2).

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