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| State ex rel. C.M.M. v. T.P.M., No. 42,238-JAC,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Father's parental rights were properly terminated, La. Child Code Ann. art. 1015, because the traits inherent in the father's narcissistic personality, combined with his drug abuse and his refusal to recognize and address his problems, precluded him from parenting the children, and there was no substantial compliance with the case plan.
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| State v. Birch, No. 41,979-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Evidence was sufficient to support a defendant's conviction for armed robbery with a firearm, a violation of La. Rev. Stat. Ann. § 14:64 and § 14:64.3, including the testimony of the defendant's two accomplices, the robbery victim, and a local resident who spotted the defendant near the site of the robbery around the time of the robbery.
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| State v. D.M., No. 42,038-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Evidence was sufficient to convict defendant of aggravated incest under La. Rev. Stat. Ann. § 14:78.1 because (1) defendant's act of performing oral sex on 14-year-old victim, who was victim's grandchild, satisfied specific act requirement under La. Rev. Stat. Ann. 14:78.1(B); and (2) victim's testimony alone was sufficient to convict defendant.
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| State v. Duncan, NO. 2006-KA-1029 C/W, NO. 2007-K-0317,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 9, 2007, Decided , May 9, 2007, Filed
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Overview: State's appeal of a trial court's grant of a new trial under La. Code Crim. Proc. Ann. art. 582 after defendant had been convicted of second-degree murder was dismissed as untimely under La. Code Crim. Proc. Ann. art. 914 because the State failed to file its motion for appeal no later than 30 days after the ruling from which the appeal was taken.
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| State v. Estes, No. 42,093-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Defendant was not denied due process in regard to his guilty plea to armed robbery because the court determined that the evidence supported the charge, defendant was facing other charges, the State agreed to dismiss the other charges, and the court informed defendant that there was no agreement as to sentencing, which could be as long as 99 years.
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| State v. Ford, No. 41,949-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Record supported a finding that defendant was aware of his right to a trial by jury and that his guilty plea was made with the knowledge that he was waiving his right to a trial by jury when he pled guilty, because it was common sense that cross-examination was an adversarial act and necessarily included the right to see the witness.
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| State v. Franklin, No. 42,055-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Evidence was sufficient to sustain a felony theft conviction, La. Rev. Stat. Ann. § 14:67, because defendant was the bank's vault teller and had access to the funds, defendant admitted that she took the $ 120,000 from the vault and spent it all, and defendant admitted that she falsified records to reflect that the $ 120,000 shortage did not exist.
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| State v. Hill, NO. 42,025-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Defendant's conviction for second-degree murder under La. Rev. Stat. Ann. § 14:30.1 was proper because it was undisputed that defendant struck the unarmed victim in the head with a metal pipe using great force. The requisite specific intent to kill or inflict great bodily harm was demonstrated by the weapon used and by the amount of force used.
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| State v. Mitchell, No. 41,931-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Sentences of 15 and 5 years for possession of cocaine and marijuana with intent to distribute were not unconstitutionally excessive under La. Const. art. 1, § 20 where defendant was a high school graduate, had an honorable military discharge, and had worked for many years because he was a second felony offender involved in the drug trade.
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| State v. Robert, No. 42,036-KA, No. 42,037-KA (Consolidated),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Defendant's conviction for aggravated assault, contrary to La. Rev. Stat. Ann. § 14:37, was overturned where only witness to alleged assault testified that he was drunk and did not have recollection of incident. Under La. Code Evid. Ann. art. 607(D)(2), complainant's prior inconsistent statement could not be used as evidence that assault occurred.
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