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| State v. Green, No. 41,977-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Defendant's aggravated rape conviction was affirmed where his failure to file a motion to quash based on an alleged defect in the indictment barred relief on appeal. However, the trial court erred in sentencing him to one day in jail in default of payment of court costs where the appellate court could infer from the record that he was indigent.
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| State v. Lee, 2005 KA 0456,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Trial court did not err by denying defendant's motion to suppress DNA evidence because there was a reasonable and sufficiently individualized suspicion that defendant may have been involved in other crimes to justify the issuance of the subpoena duces tecum under La. Code Crim. Proc. Ann. art. 66 to take the DNA sample from him.
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| State v. Short, 06-1451,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: In a murder case, statements made by defendant's co-perpetrator to friends indicating his involvement and presence during the beating, robbing, and shooting of the victim were admissible under La. Code Evid. Ann. art. 804(B)(3) as they were statements against his interest and he was unavailable to testify.
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| State v. Trackling, NO. 2007-KA-0068,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: Defendant's life sentence for attempted sexual battery was proper as it was the minimum that could be imposed under La. Code Crim. Proc. Ann. art. 15:529.1(A)(1)(b)(i)(ii) in that this felony and two of his prior felonies were crimes of violence, and his criminal history could not be explained by either his disability or his lack of intelligence.
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