Archive of LSCR Articles

Showing results for Category "CRIMINAL"
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CRIMINAL

1.District court erred in sua sponte declaring that split jury verdict scheme was unconstitutional.
State v. Valentino Ramon Hodge, 2019-KA-0568 c/w 2019-KA-0569 (La. 11/19/19) [18 pp.]
From LSCR Volume 27, Issue 11
     Defendant was charged with one count of domestic abuse battery by strangulation in the presence of a minor and with one count of possession of a firearm by a con... view full summary
2.District court erred in granting without contradictory hearing a pro se motion for speedy trial.
State v. Shane Ray Archangel, 2019-KK-01206 (La. 11/19/19) [2 pp.]
From LSCR Volume 27, Issue 11
     At an untranscribed pretrial conference five days before a hearing date, the district court ordered the pro se defendant released. The district court reasoned that ... view full summary
3.Court reinstates district court judgment concluding defendant was not capable of waiving his Miranda rights.
State v. Richard Michael Deidrich, 2019-KK-1481 (La. 11/25/19) [4 pp.]
From LSCR Volume 27, Issue 11
     Defendant was the subject of a video-taped custodial interrogation. He was a 17-year-old special education student with no prior experience with law enforcement ... view full summary
4.Defendant was sentenced under wrong version of Habitual Offender Law.
State v. Maurice Anderson, 2019-KK-0442 (La. 11/25/19) [2 pp.]
From LSCR Volume 27, Issue 11
     In a one-sentence per curiam, the Court vacated defendant's habitual offender adjudication and sentence and remanded for a new adjudication and sentence in light of Sta... view full summary
5.District attorney did not have authority to dismiss and reinstitute charges to avoid evidentiary ruling.
State v. Fred Reimonenq, 2019-KK-00367 (La. 10/22/19) [19 pp.]
From LSCR Volume 27, Issue 10

          In December 2016 an Orleans Parish grand jury indicted defendant on charges of first degree rape, attempted first degree rape, and sex... view full summary
6.Court reverses convictions because of district court's error in Batson analysis.
State v. Kenneth Jones, 2017-K-00658 (La. 10/22/19) [27 pp.]
From LSCR Volume 27, Issue 10

          In November 2011 four men, including Jeremiah Harris and Merlin Smothers, were engaged in illegal activities in Harris's vehicle when... view full summary
7.State failed in its burden regarding predicate out-of-state guilty plea for habitual offender adjudication.
State v. Desmond C. Parker, 2019-K-0028 (La. 10/22/19) [12 pp.]
From LSCR Volume 27, Issue 10

          Defendant was found guilty of simple robbery and intimidating a witness. The State filed a habitual offender bill of information alleg... view full summary
8.Court clarifies application of amended Habitual Offender Law.
State v. Henry Pierre Lyles, 2019-KO-00203 (La. 10/22/19) [8 pp.]
From LSCR Volume 27, Issue 10

          Louisiana's Habitual Offender law, La. R.S. Section 15:529.1 was amended by 2017 La. Acts 282. Among other things, Act 282 reduced from ... view full summary
9.Defendant who was subject to outstanding warrant for parole violation had diminished expectation of privacy.
State v. Deshawn Sims, 2019-KK-01257 (La. 09/06/19) [3 pp.]
From LSCR Volume 27, Issue 9
     In this case defendant's vehicle was searched while he was the subject of an outstanding warrant for a parole violation. He moved to suppress the ... view full summary
10.Public defender's prior representation of witness didn't create conflict of interest.
State v. Eric Robertson, 2019-KK-01343 (La. 09/06/19) [1 p.]
From LSCR Volume 27, Issue 9
     Defendant was represented by the East Baton Rouge Public Defender's Office. The public defender sought to withdraw from the case, anticipating a co... view full summary
11.Court suppresses evidence where officer didn't have reasonable suspicion to extend traffic stop.
State v. Lori Anne Ellis, 2019-KK-0634 (La. 09/24/2019) [5 pp.]
From LSCR Volume 27, Issue 9
     While defendant was driving, an officer observed her vehicle veer from its lane of traffic. The officer then conducted a traffic stop. He searched defendant's vehicle w... view full summary
12.Court reverses court of appeal's sua sponte rejection of Alford plea.
State v. Marc Q. Scroggins, 2018-K-1943 (La. 06/26/2019) [6 pp.]
From LSCR Volume 27, Issue 7
     Defendant was involved in an altercation with another patient, Raymond Grant, in the waiting room of a doctor's office. When the two men were both outside, ... view full summary
13.Defendant failed to show prejudice in seeking post-conviction relief based on ineffective assistance.
State v. Wayne J. Taylor, 2019-KP-0311 (La. 06/26/19) [2 pp.]
From LSCR Volume 27, Issue 7
     Defendant was charged with two counts of simple burglary in connection with the theft of copper wire from two Plaquemines Parish government buildings. DNA evidence gathere... view full summary
14.Court reverses court of appeal's sua sponte decision to vacate habitual offender adjudication and sentences for error patent.
State v. Adrian A. Dorsey, 2019-K-0349 (La. 06/26/19) [1 p.]
From LSCR Volume 27, Issue 7
     Defendant was charged with and convicted of fourth-offense possession of marijuana and resisting an officer with force or violence. He filed several post-trial motions.... view full summary
15.State failed to prove seizure of gun was justified by plain view doctrine.
State v. Timothy Smothers, 2019-KK-0848 (La. 06/26/19) [4 pp.]
From LSCR Volume 27, Issue 7
     Defendant moved to suppress a gun seized by officers without a warrant and inculpatory statements that he made in connection with the seizure. The officer testified th... view full summary
16.Court modifies order allowing simultaneous broadcast of witness's trial testimony.
State v. Paul N. Hoff, 2019-KK-0475 (La. 06/26/19) [3 pp.]
From LSCR Volume 27, Issue 7
     In this case, the 24th JDC authorized a procedure allowing trial testimony from a witness by simultaneous broadcast. The Court granted a supervisory writ in part and mo... view full summary
17.Court allows introduction of evidence of victim's prior alcohol and drug use in LSU fraternity hazing death trial.
State v. Matthew Naquin, 2019-KK-1116 (La. 07/06/19) [2 pp.]
From LSCR Volume 27, Issue 7
     Defendant was charged in the 1997 hazing death of LSU fraternity pledge Max Gruver. Gruver died of alcohol poisoning and aspiration after a hazing ritual in which he wa... view full summary
18.Alleged errors in admitting testimony of screening prosecutor at trial must be reviewed under plain error standard.
State v. Willard Anthony, 2019-K-0476 (La. 06/26/19) [1 p].
From LSCR Volume 27, Issue 7

    
     Defendant was convicted of aggravated rape, human trafficking, second degree battery, sexual battery, and being a felon in posses... view full summary
19.Case remanded for proper analysis of motion to suppress identification.
State v. Will Newsome and Aaron Henderson, 2019-KK-0429 (La. 05/28/19) [4 pp.]
From LSCR Volume 27, Issue 6
     Police pursued a car that they believed was involved in an armed robbery. After a high-speed chase, the car was abandoned, and police found defendants nearby. Officers det... view full summary
20.Post-conviction claims remanded to district court for complete ruling, including factual findings.
State v. Jack Cuccia, 2018-KP-1726 (La. 05/28/19) [2 pp.]
From LSCR Volume 27, Issue 6
     Defendant was convicted of manslaughter in Orleans Parish in 2004. He was adjudicated a third felony offender and sentenced to 30 years in prison. The Fourth C... view full summary
21.District court erred in transferring jury selection venue back to original parish.
State v. Grover Cannon, 2019-KD-0838 (La. 06/07/19) [5 pp.]
From LSCR Volume 27, Issue 6
     Defendant was charged with the murder of a police officer in Caddo Parish, and the district court transferred venue to East Baton Rouge Parish for a jury to be... view full summary
22.Habitual offender sentence for obscenity was unconstitutionally excessive.
State v. Glenn Thompkins, 2018-K-2104 (La. 06/17/19) [8 pp.]
From LSCR Volume 27, Issue 6
     As an inmate awaiting trial in another matter, defendant masturbated in front of a female corrections officer as she conducted a nightly security check. As a re... view full summary
23.Court clarifies causation requirement in vehicular homicide cases.
State v. David Leger, 2017-K-2084 (La. 06/26/19) [18 pp.]
From LSCR Volume 27, Issue 6
     At about 8:30 p.m. on March 13, 2011, Kelsye Hall was driving alone in her green Mercedes SUV westbound on I-10 in the Prairieville area. Defendant was driving his whit... view full summary
24.On remand from SCOTUS, first degree murder conviction and death sentence for "Angola Five" inmate affirmed again.
State v. Jeffrey Clark, 2012-KA-0508 (La. 06/26/19) [12 pp.]
From LSCR Volume 27, Issue 6
     In December 1999 defendant and fellow inmates at the Louisiana State Penitentiary in Angola were part of a botched plan to escape. Captain David N. Knapps, who... view full summary
25.Court reverses grant of new trial on habeas application, rejecting ineffective assistance claim.
State v. Darrell Toubya Thomas, 2017-KP-0649 (La. 06/26/2019) [8 pp.]
From LSCR Volume 27, Issue 6
     Traavis and Stephan Harris both unequivocally identified defendant, whom they had known since childhood, as the person who exited a black SUV and began firing at them o... view full summary
26.Evidence sufficient to support conviction for methamphetamine possession despite discrepancy in weight of substance.
State v. Brian Michael Hughes, 2018-K-0006 (La. 06/26/19) [4 pp.]
From LSCR Volume 27, Issue 6
     Defendant was arrested in the parking lot of Grant Junior High School, and a search incident to arrest revealed a plastic bag in his pocket containing a subs... view full summary
27.Court remands for second evidentiary hearing on suppressing contents of cell phone.
State v. Kelly Folse, 2018-KK-1518 (La. 06/26/19) [10 pp.]
From LSCR Volume 27, Issue 6
     Defendant, a veterinarian, was alleged to have shot her neighbor's dog in Jefferson Parish. She was charged with aggravated cruelty to animals and illegal use of a weapon. S... view full summary
28.Aggravated flight from officer could be based on repeated occurrence of enumerated act.
State v. Randy Lee Turner, 2018-K-0780 (La. 05/08/2019) [9 pp.]
From LSCR Volume 27, Issue 5
     Defendant was charged with aggravated flight from an officer under La. R.S. Section 14:108.1. The statute defines the crime in pertinent part as "the intentional refusal o... view full summary
29.Court of appeal erred in resentencing defendant after finding sentence excessive.
State v. Julius Hankton, 2018-K-1457 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
     Defendant was convicted of one count of possession with intent to distribute heroin, four counts of possession of a firearm by a convicted felon, and one count of possessi... view full summary
30.Brady claim overcame procedural bars to habeas application.
State v. Bruce Alvin Robertson, 2018-KH-1006 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
     Defendant filed an application for post-conviction relief, claiming a violation of Brady v. Maryland, 373 U.S. 83 (1963). The district court dismissed the app... view full summary
31.Court reverses court of appeal's grant of evidentiary hearing on habeas application.
Jack Alexander Mason v. Keith Cooley, 2018-CP-0110 (La. 04/08/2019) [1 p.]
From LSCR Volume 27, Issue 4
     Petitioner filed an application for post-conviction relief. He requested that his convictions and sentences be reversed and, alternatively, that an evidentiary hearing be ... view full summary
32.Court clarifies mandatory minimum sentence for crime involving firearm.
State v. Bradley B. Parvez, 2018-K-1240 (La. 04/08/2019) [3 pp.]
From LSCR Volume 27, Issue 4
     Defendant was charged with second degree murder for the shooting death of Timothy Rainwater. Evidence at trial showed that Rainwater was attempting to... view full summary
33.New general venire ordered because East Baton Rouge system inadvertently excluded qualified jurors born after June 2, 1993.
State v. Grover Cannon, 2019-KD-590 (La. 04/18/2019) [2 pp.]
From LSCR Volume 27, Issue 4
     Defendant was charged with the first-degree murder of a Shreveport police officer and scheduled to be tried in East Baton Rouge Parish. After it ... view full summary
34.Court orders evidentiary hearing on habeas petition by teen who pled guilty to manslaughter in death of her baby.
State v. Brittany Tyson, 2018-KP-1475 (La. 04/22/2019) [3 pp.]
From LSCR Volume 27, Issue 4
     At the age of nineteen defendant was charged with first-degree murder in the death of her four-month-old baby and pleaded guilty to manslaughter. She admitted to shakin... view full summary
35.Court suppresses evidence gained from invalid warrant to subpoena medical records.
State v. James Daniel Johnson, 2019-KK-0114 (La. 04/29/2019) [2 pp.]
From LSCR Volume 27, Issue 4
     Defendant moved to suppress the fruits of a search warrant to subpoena his medical records. The district court denied the motion, although it found that the officers failed ... view full summary
36.Court vacates sentence for failure to observe sentencing delay.
State v. Rudy Francis, 2019-K-0227 (La. 04/29/2019) [1 p.]
From LSCR Volume 27, Issue 4
     Defendant was found guilty of manslaughter in response to a charge of second degree murder, and the district court sentenced him to twenty-five years in priso... view full summary
37.Court of appeal applied incorrect standard to determine whether error in admitting highly prejudicial Facebook photograph was harmless.
State v. Kyvonte Latrell Eaglin, 2018-K-0822 (La. 03/18/19) [2 pp.]
From LSCR Volume 27, Issue 3
     In August 2015 defendant went to a party at the American Legion Hall in Jennings. A fight broke out, and defendant retrieved a gun from his vehicle. Shots from one or more... view full summary
38.Court reinstates obstruction of justice conviction in connection with New Orleans murder.
State v. Khoi Q. Hoang, 2017-K-0100 (La. 03/26/19) [19 pp.]
From LSCR Volume 27, Issue 3
     Defendant was indicted for conspiracy to commit second degree murder, solicitation to commit second degree murder, second degree murder, and obstruction... view full summary
39.Court remands for evidentiary hearing regarding exclusion from trial of testimony and report of DCFS investigator.
State v. Issa Lamizana, Jr., 2017-K-1490 (La. 01/30/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant was charged with the aggravated rape of his step-daughter and step-son. Prior to trial, defendant sought to subpoena a Department of Children and Fa... view full summary
40.Plain view exception to warrant requirement applied to pill bottle visible in stopped vehicle.
State v. Melvin Miguel, 2018-KK-0711 (La. 01/30/19) [7 pp.]
From LSCR Volume 27, Issue 2
     Police stopped a vehicle because it had a cracked windshield. The driver, defendant, had a suspended driver's license, and the vehicle's license plate was fraudulent. ... view full summary
41.Defendant had overcome procedural bars to habeas petition based on newly discovered evidence.
State v. Sean Bernard Newton, 2017-KP-0926 (La. 02/11/19) [2 pp.]
From LSCR Volume 27, Issue 2
     Defendant was convicted of first degree murder and sentenced to life in prison without benefit of parole, probation, or suspension of sentence. He filed an ap... view full summary
42.Evidence of prior charge of obstruction of justice against defendant should have been excluded.
State v. Kacey Severin, 2018-KK-1844 (La. 02/11/19) [2 pp.]
From LSCR Volume 27, Issue 2
     Defendant was charged with second degree murder. At trial, the district court admitted evidence of a prior charge of obstruction of justice as well as evide... view full summary
43.Defendant convicted of murder in 1959 for acts as juvenile was entitled to parole consideration under Louisiana statute.
State v. Clifford Hampton, 2018-OK-0156 (La. 02/13/19) [4 pp.]
From LSCR Volume 27, Issue 2
     In 1959 defendant pleaded guilty to murder for an offense that he committed as a juvenile.
     He was sentenced to life in prison. At that t... view full summary
44.Court addresses ineffective assistance claims raised on appeal, reversing court of appeal's order for evidentiary hearing.
State v. Demauriea Leon McGee, 2018-K-1052 (La. 02/25/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant was convicted of second degree murder in connection with the 2013 shooting of DeAnthony Mardis in Ruston. On appeal his arguments included that defe... view full summary
45.Court orders court of appeal to consider writ application and provide copy of judgment.
State v. James Townsend, 2019-KH-0093 (La. 02/25/19) [3 pp.]
From LSCR Volume 27, Issue 2
     Defendant represented to the Court that the Second Circuit failed to act on a supervisory writ application filed on July 23, 2018. In this brief opinion, the ... view full summary
46.Defendant entitled to judgment denying his post-conviction application.
State ex rel. Rosheed Guillory v. State, 2017-KH-0945 (La. 01/08/19) [2 pp.]
From LSCR Volume 27, Issue 1
     The district court denied defendant's application for post-conviction relief, and the Court granted a supervisory writ in part. It ordered the district court... view full summary
47.Inmate who had exhausted collateral review not entitled to Boykin transcript.
Joel Orellana v. 24th Judicial District Court, 2018-KK-1603 (La. 01/08/19) [2 pp.]
From LSCR Volume 27, Issue 1
     After exhausting post-conviction relief, Joel Orellana filed suit against the 24th JDC, Parish of Jefferson, seeking the production of his Boykin transcript. The district... view full summary
48.District court erred in granting mistrial based on discovery violation.
State v. Chastity Andrews, 2019-KK-0068 (La. 01/13/19) [3 pp.]
From LSCR Volume 27, Issue 1
     During defendant's trial certain documents came to light for the first time, including allegedly prior inconsistent statements by the victim. The district cour... view full summary
49.Court of appeal erred in ruling without reviewing transcript of ex parte proceedings protecting the identity of a witness.
State v. David Klein, 2018-KK-1611 (La. 01/14/19) [3 pp.]
From LSCR Volume 27, Issue 1
     The district court granted the State's motion to protect the identity of a witness under La. Code of Crim. Proc. art. 729.7(A), which requires a prima facie showing that the... view full summary
50.State was entitled to admit evidence of prior crimes despite remoteness in time.
State v. Christopher Martin, 2018-KK-1722 (La. 01/28/19) [2 pp.]
From LSCR Volume 27, Issue 1
     Defendant was charged with ten burglaries. The State sought to admit evidence of three prior offenses ? an attempted burglary and two burglaries ? as probative ... view full summary
51.Statement made by defendant after invoking right to counsel should have been suppressed.
State v. Jose Lagos, 2018-KK-1724 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
     Defendant filed a motion to suppress a statement he made to a detective on the basis that the detective continued interrogating defendant after he had invoked his right... view full summary
52.Defendant entitled to evidentiary hearing on post-conviction application although it was filed after limitations period.
State v. Ashley Dietz, 2016-KP-1538 (La. 01/28/19) [3 pp.]
From LSCR Volume 27, Issue 1
     Defendant filed an application for post-conviction relief based on ineffective assistance of counsel. The district court dismissed the application without ... view full summary
53.Coercive police action was required for finding that confession was involuntary.
State v. Rose Johnson, 2018-KK-1370 (La. 12/03/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Defendant filed a motion to suppress her statement to police on the grounds that she had a diminished mental state. The district court granted the motion. The Court grante... view full summary
54.Officer falsely promised confidentiality and subverted Miranda warnings.
State v. Christopher Alexander, 2018-KK-1772 (La. 12/03/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Defendant made an incriminating statement to a detective in an interrogation room after the detective told defendant that no one would need to know what defendant told ... view full summary
55.Court reverses death sentences in Baton Rouge Carquest murders.
State v. Lee Turner, Jr., 2016-KA-1841 (La. 12/05/18) [114 pp.]
From LSCR Volume 26, Issue 12
     Defendant was convicted of the 2011 first degree murders of Edward Gurtner, III, and Randy Chaney, employees of the Carquest auto store on Airline Drive in B... view full summary
56.Court orders new trial after first degree murder convictions because of erroneous rulings on hearsay and privilege.
State v. Jeremy Wilson, 2017-K-0908 (La. 12/05/18) [16 pp.]
From LSCR Volume 26, Issue 12
     Defendant and Erick Townsend were indicted for first degree murder in connection with the 2008 deaths of Donald Wayne Demille Williams and Kimberly Sims. The vi... view full summary
57.Court remands for consideration of whether McCoy applies retroactively on collateral review.
State v. James Claiborne Magee, 2018-KP-0310 (La. 12/17/18) [1 p.]
From LSCR Volume 26, Issue 12
     Defendant was convicted of the brutal 2007 shootings of his estranged wife and five-year- old son. He was sentenced to death and unsuccessfully exhausted appellate relie... view full summary
58.Court orders district court and magistrate court to rule on prisoner's motions.
State ex rel. John Stewart v. State, 2017-KH-0850 (La. 10/08/18) [2 pp.]
From LSCR Volume 26, Issue 10
     John Stewart was serving a twenty-year sentence at Dixon Correctional Center for armed robbery in Ascension Parish when he became eligible for supervised r... view full summary
59.Court denies relief to State after court of appeal vacated defendant's conviction based on district court's failure to properly record ruling on juror challenge.
State v. Brian Aguillard, 2015-K-0589 (La. 10/15/18) [1 p.]
From LSCR Volume 26, Issue 10
     In December 2011 defendant returned from a Christmas party to the home in New Orleans that he shared with his mother and twin brother. He learned that his twin brother had... view full summary
60.Anonymous tip lacking indicia of reliability does not justify stop and frisk.
State v. Donald Lewis, 2018-KK-0924 (La. 10/29/18) [3 pp.]
From LSCR Volume 26, Issue 10
     Authorities received an anonymous tip that defendant was selling heroin. A detective corroborated defendant's identity as the subject of the tip, appro... view full summary
61.Defendant was not entitled to suppression of evidence gained from traffic stop, even though court of appeal relied on wrong version of statute.
State v. Dante Lee, 2018-KK-0887 (La. 10/29/18) [4 pp.]
From LSCR Volume 26, Issue 10
     Police stopped defendant's automobile, believing that he had violated La. R.S. Section 32:53(A)(3), which sets forth specific requirements for displaying a regi... view full summary
62.Court denies post-conviction relief to defendant convicted of brutal 2002 first degree murder by home invasion stabbing.
State v. Dustin Dressner, 2018-KP-0828 (La. 10/29/18) [18 pp.]
From LSCR Volume 26, Issue 10

           Defendant was convicted in 2004 of first degree murder in the brutal stabbing death of Paul Fasullo. Evidence at trial... view full summary
63.Defendant waived sentencing delay after denial of motion for new trial.
State v. Brandon Boyd, 2017-K-1749 (La. 08/31/18) [3 pp.]
From LSCR Volume 26, Issue 9
     Defendant was found guilty of a second degree murder that he committed when he was seventeen years old. He filed a motion for new trial, which was denied ... view full summary
64.Court finds defendant was misinformed of sentencing exposure and entitled to withdraw guilty plea.
State v. Jacob Johnston, 2018-KK-0604 (La. 08/31/18) [3 pp.]
From LSCR Volume 26, Issue 9
     Defendant's teacher took defendant into his home to live with his family when defendant was seventeen. On a day that the teacher and his wife left defendant... view full summary
65.Court vacates convictions after remand from SCOTUS: counsel could not admit defendant's guilt over defendant's objection.
State v. Robert Leroy McCoy, 2014-KA-1449 (La. 08/31/18) [1 p.]
From LSCR Volume 26, Issue 9
     Defendant was convicted of three counts of first degree murder arising from a triple- homicide in Bossier City in 2008 and sentenced to death. His... view full summary
66.Court vacates first-degree murder conviction: counsel could not admit defendant's guilt at trial over defendant's objection.
State v. Brian Douglas Horn, 2016-KA-0559 (La. 09/07/18) [21 pp.]
From LSCR Volume 26, Issue 9
     In 2010 twelve-year-old Justin Bloxom was staying overnight at a friend's house in Stonewall, Louisiana, and texting with a person he thought was a fourteen-ye... view full summary
67.Court reinstates malfeasance in office charges stemming from Grand Isle apartment fire.
State v. Nunzio Marchiafava, 2017-K-1670 (La. 09/21/18) [3 pp.]
From LSCR Volume 26, Issue 9
     In September 2012 two people were killed in a fire at the Willow Creek Apartments in Grade Isle. Someone later told the Metropolitan Crime Commissio... view full summary
68.Court of appeal must address issue of sufficiency of the evidence before other issues.
State v. Rayne Williams, 2017-K-1816 (La. 09/21/2018) [1 p.]
From LSCR Volume 26, Issue 9
     After a bench trial in 2013, defendant was convicted of attempted murder and sentenced to ten years at hard labor without benefit of parole, probation, or suspe... view full summary
69.Court remands for consideration of decision holding that simple kidnapping is not responsive to a charge of second degree kidnapping.
State v. Chadwick McGhee, 2017-KO-1951 (La. 09/21/18) [2 pp.]
From LSCR Volume 26, Issue 9
     Defendant was charged with second degree kidnapping but found guilty of simple kidnapping. He was adjudicated a third felony offender and sentenced to... view full summary
70.Defendant not entitled to transcripts of grand jury testimony.
State v. Andre Francis, 2018-KK-1395 (La. 09/21/18) [4 pp.]
From LSCR Volume 26, Issue 9
     In defending gang-related homicide charges in Orleans Parish, defense counsel sought the full transcripts of the grand jury testimony of codefendants. After r... view full summary
71.Defendant entitled to introduce evidence of diminished capacity to challenge voluntariness of confession.
State v. Teddy Chester, 2018-KK-1565 (La. 09/21/18) [2 pp.]
From LSCR Volume 26, Issue 9
     Defendant was convicted in the 24th JDC of first degree murder as a result of the fatal 1995 shooting of taxi driver John Adams and sentenced to death. His conv... view full summary
72.Court grants post-conviction relief based on ineffective assistance in representation of abused wife who killed husband.
State v. Catina Curley, 2016-KP-1708 (La. 06/27/18) [28 pp.]
From LSCR Volume 26, Issue 7
     Defendant and Renaldo Curley were married for more than nine years and lived in New Orleans with their children, including Renaldo's son from a prio... view full summary
73.Defendant entitled to acquittal because simple kidnapping was not responsive verdict to second degree kidnapping.
State v. Jubbard Price, 2017-K-0520 (La. 06/27/18) [9 pp.]
From LSCR Volume 26, Issue 7
     In January 2012 Donald Johnson, Andrea Price, and defendant arrived at a house on Devine Street in New Orleans. Their plan was to lure those present at the house into ... view full summary
74.Defendant not entitled to suppression of weapon found in warrantless search of car.
State v. Caresses Perique, 2018-KK-981 (La. 06/28/18) [4 pp.]
From LSCR Volume 26, Issue 7
     A New Orleans police officer stopped defendant's vehicle and detained defendant after the officer saw him commit several traffic violations. During the detention,... view full summary
75.Court reinstates maximum sentence for first-time felony offender convicted of indecent behavior with a juvenile.
State v. Fahim Shaikh, 2017-K-2178 (La. 06/15/18) [2 pp.]
From LSCR Volume 26, Issue 6
     In April 2014 thirteen-year-old AG ran away from home while her mother was out. She headed to a friend's house on foot and was walking along the ... view full summary
76.Indigent defendant's request for expert funding in connection with Miller/Montgomery hearing should not have been heard ex parte.
State v. Warren Harris, 2018-KP-0686 (La. 06/15/18) [6 pp.]
From LSCR Volume 26, Issue 6
     Defendant was serving a life sentence without parole eligibility for a crime that he committed as a juvenile. He sought parole eligibility pursuant to Montgom... view full summary
77.District judge recused based on relationship with widow of victim.
State v. Kevin Dale Daigle, 2018-KD-0634 (La. 04/30/18) [2 pp.]
From LSCR Volume 26, Issue 5
     Defendant was charged in the 14th JDC with first degree murder resulting from the 2015 shooting death of Louisiana State Trooper Steven Vincent. Amon... view full summary
78.Court grants evidentiary hearing in habeas case alleging ineffective assistance based on failure to challenge faulty identifications.
State v. LeRoy Jackson, 2016-KP-1100 (La. 05/01/18) [11 pp.]
From LSCR Volume 26, Issue 5
     Defendant was found guilty of armed robbery and two counts of attempted armed robbery that occurred in 2009 and was sentenced to fifty years in prison as a second felony o... view full summary
79.Court reverses grant of evidentiary hearing in habeas case alleging ineffective assistance based on rejection of plea agreement.
State v. Dennis Johnson, 2017-KP-0514 (La. 05/11/18) [5 pp.]
From LSCR Volume 26, Issue 5
     In August 2015 defendant was offered a fifteen-year sentence as a second-felony habitual offender in exchange for a guilty plea. The offer was rejected through counsel. Si... view full summary
80.Court vacates sentence and remands for resentencing and retroactive application of more lenient penalty provisions.
State ex rel. Eugene Jarrow, 2015-KH-0265 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     Defendant, who was previously convicted and sentenced and had exhausted all state and federal habeas relief, sought the retroactive application of more... view full summary
81.Court reverses order for evidentiary hearing on post-conviction claim by defendant convicted of murdering his infant.
State v. Bertie Hicks, 2016-KP-2203 (La. 04/02/18) [4 pp.]
From LSCR Volume 26, Issue 4
     In 2006 defendant pled guilty to manslaughter in connection with the 2005 murder of his seven-week-old daughter. According to the pre-sentence report, defendant confessed ... view full summary
82.Court instructs district court to view recordings of seizure of evidence.
State v. Julian McConnell, 2018-KK-0131 (La. 04/02/18) [1 p.]
From LSCR Volume 26, Issue 4
     Police in Caddo Parish responded to a report of a domestic disturbance involving a firearm. While in the home, officers seized evidence from the bedroom floor and charged de... view full summary
83.Court vacates sentence in light of Montgomery/Miller.
State v. Phillip Schane, 2017-KP-0582 (La. 04/06/18) [2 pp.]
From LSCR Volume 26, Issue 4
     In 1980 defendant pled guilty to a second degree murder that he committed as a juvenile and was sentenced to life imprisonment without benefit of probation, par... view full summary
84.Defendant entitled to recordings and identities of confidential informants.
State v. Jermaine Dennis, 2017-KK-2029 (La. 04/06/18) [3 pp.]
From LSCR Volume 26, Issue 4
     Defendant sought from the State recordings of himself allegedly engaged in illegal drug transactions with confidential informants, to look for impeachment or e... view full summary
85.District court's denial of post-conviction relief was supported by evidence at Atkins hearing, although experts had contrary opinions.
State v. Allen Robertson, Jr., 2016-KP-1742 (La. 04/06/18) [10 pp.]
From LSCR Volume 26, Issue 4
     Defendant was charged in 1991 with two counts of first degree murder, arising from the gruesome stabbing deaths of an elderly couple, Morris and Kaz... view full summary
86.Court reinstates district court's denial of post-conviction relief: defendant did not meet Strickland standard.
State v. Marcus Coleman, 2017-KP-0093 (La. 04/16/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of armed robbery in 2007 and sentenced to ninety-nine years in prison as a fourth felony offender. His conviction and sentence were affirmed. Defen... view full summary
87.Defendant not entitled to suppression of statements although she did not receive Miranda warning.
State v. Tyrone Washington, 2018-KK-0206 (La. 04/20/18) [1 p.]
From LSCR Volume 26, Issue 4
     Defendant made an incriminating statement to police as they arrived at the scene of a house fire. She later moved to suppress the statement on the basis that... view full summary
88.Court remands to determine whether State filed notice under recently amended article regarding Miller resentencing.
State ex rel. Coby Lester Harris, 2016-KH-1820 (La. 04/27/18) [2 pp.]
From LSCR Volume 26, Issue 4
     Defendant was convicted of a second degree murder that he committed in 1977 as a juvenile and was sentenced to life in prison without benefit of parole, p... view full summary
89.On remand from SCOTUS, the Court again rules that court of appeal properly reinstated triple murder convictions in 1995 Kim Anh restaurant killings.
State v. Rogers LaCaze, 2016-KP-0234 (La. 03/13/18) [23 pp.]
From LSCR Volume 26, Issue 3
     On March 4, 1995, defendant and Antoinette Frank, then an officer of the New Orleans Police Department, dined together at Kim Anh Vietnamese restaurant in Ne... view full summary
90.Court reverses finding of ineffective assistance and grant of new trial to defendant convicted of double second-degree murders.
State v. Landon D. Quinn, 2016-KP-1285 (La. 03/13/18) [9 pp.]
From LSCR Volume 26, Issue 3
     Matthew Miller and Ryan McKinley were shot and killed after visiting a New Orleans convenience store in 2009. An eyewitness to the shootings told po... view full summary
91.Officers had probable cause to search defendant after observing him block sidewalk and to arrest him after search revealed drugs.
State v. Kerry Parker, 2018-KK-0290 (La. 03/23/18) [4 pp.]
From LSCR Volume 26, Issue 3
     Defendant sat on a stoop in the French Quarter with his legs extended onto the sidewalk, in apparent violation of Section 54-401(a) of the New Orleans Municipal Code, whic... view full summary
92.DA's office did not need to recuse itself because it had hired former public defender.
State v. Danny P. Battaglia, 2017-KK-1451 (La. 02/14/18) [7 pp.]
From LSCR Volume 26, Issue 2
     In 2016 attorney Craig Colwart was hired as an assistant district attorney in the 16th JDC.
     Because Colwart formerly worked as a public ... view full summary
93.Defendant not entitled to expungement; case remanded to consider plea bargain.
State v. Constant Allah, 2017-OK-0785 (La. 01/09/18) [2 pp.]
From LSCR Volume 26, Issue 1
     In 2011 defendant was charged with one count of second degree kidnapping and two counts of carnal knowledge of a juvenile. The State later amended the charges... view full summary
94.Defendant entitled to seek retroactive application of more lenient penalties through motion to correct illegal sentence in district court.
State Ex Rel. John Esteen v. State of Louisiana, 2016-KK-0949 (La. 01/30/18) [20 pp.]
From LSCR Volume 26, Issue 1
     Based on acts that he committed in 1998 and 1999, defendant was found guilty of two counts of possession of cocaine over 400 grams, conspiracy to ... view full summary
95.Second degree murder conviction reversed based on insufficient circumstantial evidence.
State v. Darryl Jones, 2016-K-1502 (La. 01/30/18) [8 pp.]
From LSCR Volume 26, Issue 1
     Defendant and his co-defendants, Cecil Ray Beals and Calvin K. Williams, were tried together and found guilty of the second degree murder of Gerald Wilkins. Ev... view full summary
96.Court affirms reversal of conviction: State violated Batson in excluding prospective juror.
State v. Larry Broussard Jr., 2016-K-1836 (La. 01/30/18) [13 pp.]
From LSCR Volume 26, Issue 1
     Defendant was convicted of aggravated flight from an officer after leaving the scene of an accident and leading police on a car chase. During voir dire the pro... view full summary
97.Court reinstates convictions reversed by court of appeal: defendant not denied choice of counsel.
State v. Cardale Green, 2017-K-0435 (La. 12/05/17) [5 pp.]
From LSCR Volume 25, Issue 12
     Defendant was charged in Baton Rouge with second-degree murder and attempted second- degree murder. A public defender was appointed but then withdrew, citing a ... view full summary
98.Court reinstates convictions and sentences but remands to district court to consider possible Brady violations.
State v. William Serigne, 2016-K-1034 (La. 12/06/17) [10 pp.]
From LSCR Volume 25, Issue 12
     Thirty-nine-year-old DA accused her cousins, William and Lionel Serigne, of sexually abusing her when she was a child. Other family members then came forward... view full summary
99.Court rejects district court "stamp" denying pro se motions by represented defendants, discusses procedure for considering pro se motions by represented defendants.
State v. Reggie Patrick Thibodeaux, 2017-KK-0705 (La. 12/06/17) [7 pp.]
From LSCR Volume 25, Issue 12
     Although represented by a public defender, defendant filed a pro se motion to suppress.
     The district court stamped the mot... view full summary
100.Defendant's claim regarding counsel's failure to require trial testimony by minor victims did not meet Strickland requirements.
State v. Timothy Thibodeaux, 2016-KP-0994 (La. 10/27/17) [3 pp.]
From LSCR Volume 25, Issue 11
     Defendant was convicted of aggravated incest and aggravated rape as to his two daughters, both of whom were under the age of thirteen. After unsuccessfully appealing... view full summary
101.Officers were justified in frisking defendant because they had cause to arrest him, regardless of whether they intended to arrest him.
State v. Ellis Jones, 2017-KK-1571 (La. 10/27/17) [4 pp.]
From LSCR Volume 25, Issue 11
     Officers stopped defendant because he was walking in a street although a sidewalk was provided, in violation of Section 154-1607(a) of the Municipa... view full summary
102.Search of defendant who had outstanding arrest warrant was lawful and incident to arrest after traffic stop.
State v. Rebecca Owens, 2017-KK-1258 (La. 11/13/17) [3 pp.]
From LSCR Volume 25, Issue 11
     An officer saw defendant veer her vehicle across a fog line on the highway and then determined her license plate was registered to a different vehicle. H... view full summary
103.Commissioner used wrong arrest date when he released defendant for failure to hold timely hearing.
State v. Michael Whitfield, 2017-KK-1384 (La. 11/13/17) [1 p.]
From LSCR Volume 25, Issue 11
     In an earlier, unrelated prosecution, defendant failed to appear in court and was arrested pursuant to an alias capias. After that arrest and while defendant was in cus... view full summary
104.After remand from SCOTUS, Court remands for creation of record regarding Batson challenges; State, not judge, must offer race-neutral reasons for strike.
State v. Jabari Williams, 2016-K-1952 (La. 11/13/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Defendant was tried in 2012 for second-degree murder. During voir dire, the parties questioned potential jurors across two panels. At the end of t... view full summary
105.Court reinstates district court's dismissal of application for post-conviction relief as untimely.
Ronald Ohlsson v. State, 2016-KP-1186 (La. 11/17/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Petitioner was tried and convicted for illegal possession of a firearm by a felon, three counts of armed robbery, and possession of stolen thing valued at mo... view full summary
106.Court clarifies application of statute granting immunity from prosecution in drug overdose cases.
State v. Kevin Jago, 2017-K-0183 (La. 11/17/17) [4 pp.]
From LSCR Volume 25, Issue 11
     In November 2015 St. Charles Parish Sheriff's Deputy Charles Warren responded to an anonymous call that two men were passed out in a car on Airl... view full summary
107.Grand jury secrecy not violated by Bernard Sheriff's Office's production of grand jury subpoenas in response to public records request.
State v. Jarrod Gourgues, 2016-K-2255 (La. 10/16/17) [2 pp.]
From LSCR Volume 25, Issue 10
     Defendant provided testimony at a grand jury hearing related to the Louisiana Attorney General's investigation of former St. Bernard Parish President... view full summary
108.Remand necessary for hearing on application of plain smell exception to warrant requirement.
State v. Shane Foss, 2017-KK-0744 (La. 10/16/17) [4 pp.]
From LSCR Volume 25, Issue 10
     An officer approached defendant, questioned him, and conducted a search of his outer clothing for a weapon. The officer discovered a cigarette pack, ... view full summary
109.Court dispenses with "same evidence" test for double jeopardy determination.
State v. Skylar Frank, 2016-K-1160 (La. 10/18/17) [12 pp.]
From LSCR Volume 25, Issue 10
     BW was a fifteen-year-old girl living in Oakdale, Louisiana. One evening when her uncle knew that BW was at home alone, he became concerned because ... view full summary
110.State's failure to prove time periods between habitual offenses is error patent; waiver of twenty-four hour sentencing delay cannot be implied.
State v. Keith Kisack, 2016-K-0797 (La. 10/18/17) [9 pp.]
From LSCR Volume 25, Issue 10
     An Orleans Parish Prison employee found a cell phone secreted in a crevice in a wall of a prison common room. A warrantless search of the phone revealed that defendant, a... view full summary
111.Warrantless search of probationer's residence did not meet procedural requirements and violated Louisiana Constitution.
State v. Kayla Brignac, 2017-KK-0448 (La. 10/18/17) [24 pp.]
From LSCR Volume 25, Issue 10
     In March 2016 defendant was on probation, and her assigned probation officer was Rebecca Soileau. The probation department received information from another la... view full summary
112.Court again rules that search of probationer's home was unconstitutional.
State v. Avery Julien, 2017-KK-0557 (La. La. 10/18/17) [11 pp.]
From LSCR Volume 25, Issue 10
     In a second case involving La. Code Crim. Proc. art. 895(A)(13)(a), two officers of the New Orleans District of Probation and Parole conducted an early morning... view full summary
113.No abuse of discretion in denying challenge for cause of juror who stated that mother's rape might affect her ability to be impartial.
State v. Derrick Dotson, 2016-K-0473 (La. 10/18/2017) [22 pp.]
From LSCR Volume 25, Issue 10
     In 2010, while investigating unsolved rape cases, the New Orleans Police Department discovered through the national DNA database that DNA from two unsolved rape... view full summary
114.Defendant entitled to substitute insanity plea where there was no strategy to delay trial.
State v. Calvin Louis Noel, III, 2016-K-0043 (La. 10/18/17) [7 pp.]
From LSCR Volume 25, Issue 10
     In March 2011 a Lafayette police officer was investigating a possible car burglary when he stopped defendant, who was walking in the middle of the street. When ... view full summary
115.Court reinstates conviction for indecent behavior with a juvenile and sentence for simple kidnapping.
State v. Fahim A. Shaikh, 2016-K-0750 (La. 10/18/17) [7 pp.]
From LSCR Volume 25, Issue 10
     In April 2014 thirteen-year-old AG ran away from home while her mother was out. She headed to a friend's house on foot and was walking along th... view full summary
116.Court reinstates DWI conviction for defendant found intoxicated inside stalled vehicle.
State v. Calvin Lewis, 2017-OK-0081 (La. 10/18/17) [6 pp.]
From LSCR Volume 25, Issue 10
     A Jefferson Parish police officer found a truck stopped in the middle of a roadway late one night with defendant inside attempting to restart the truck. Defendant smell... view full summary
117.Court vacates convictions for malfeasance in office by former Jonesboro mayor; new trial mandated by prosecutor's racially charged comment.
State v. Leslie C. Thompson, 2015-K-0886 (La. 09/18/17) [69 pp.]
From LSCR Volume 25, Issue 9

    .
     Defendant was elected mayor of Jonesboro and took office on January 1, 2007. In March 2013, during his second term, ... view full summary
118.Court reinstates grant of new trial as to murder conviction, enunciates standards for granting and reviewing art. 851(1) motion for new trial.
State v. Calvin King, 2015-KP-1283 (La. 09/18/17) [18 pp.]
From LSCR Volume 25, Issue 9
     A jury found defendant guilty of second degree murder and armed robbery. Evidence at trial showed that on November 2, 2007, Maria Abreu was at a Metairie apar... view full summary
119.Evidence of prior conviction was admissible to prove intent.
State v. Dontel Kennedy, 2017-KK-0724 (La. 09/29/17) [3 pp.]
From LSCR Volume 25, Issue 9
     Defendant was charged with the second degree murder of Joseph Kyle and the first degree rape, second degree kidnapping, and armed robbery of JW. The State provided noti... view full summary
120.Seventeen-year-old's habitual offender life sentence without parole was prohibited by Graham; review for excessiveness also warranted.
State v. Thayer Green, 2016-K-0107 (La. 06/29/17) [25 pp.]
From LSCR Volume 25, Issue 7
     In July 2012 defendant and KL were seventeen. They had previously dated and had a child together. After exchanging text messages in the preceding days, defendant ... view full summary
121.Defendant entitled to quash indictment that contravened agreement with prosecution.
State v. Woodrow Karey, Jr., 2016-K-0377 (La. 06/29/17) [33 pp.]
From LSCR Volume 25, Issue 7
     At a church service in September 2013, defendant shot and killed the pastor, Ronald Harris, Sr. Defendant immediately surrendered to police, stating, "He raped my wife." S... view full summary
122.Defense counsel was not subject to Public Records Law restriction applicable to felons in custody.
James E. Boren v. Earl B. Taylor, 2016-CC-2078 (La. 06/29/17) [10 pp.]
From LSCR Volume 25, Issue 7
     Plaintiff, an attorney, was retained by Stephen Bergeron to review his 2013 rape convictions for valid bases for post-conviction relief. Pursuant to the Public... view full summary
123.Court reinstates jury verdict of guilty of being principal to kidnapping.
State v. Chadwick McGhee, 2015-K-2141 (La. 06/29/17) [8 pp.]
From LSCR Volume 25, Issue 7
     Defendant was charged with the second degree kidnapping of Jessica Guillot. Evidence at trial showed that on September 7, 2013, Asa Bentley went to Guillot's mother's ho... view full summary
124.Defendant not entitled to suppression of cocaine found inside grill: no expectation of privacy.
State v. Joseph Moultrie, 2015-K-2144 (La. 06/29/17) [9 pp.]
From LSCR Volume 25, Issue 7
     Officers noticed defendant standing in the street in front of a trailer at approximately 11:00 p.m. in a high crime neighborhood. Defendant quickly retreated out of vi... view full summary
125.Court reverses denial of motion to suppress evidence from traffic stop of defendant unauthorized to drive rental car.
State v. Julius Hankton, 2017-KK-1108 (La. 07/20/17) [6 pp.]
From LSCR Volume 25, Issue 7
     Defendant was one of the subjects of a federal and state task force investigation. A federal agent testified that she and other agents observed defendant using a... view full summary
126.Defendant entitled to in camera inspection of victims' medical records.
State v. Abdellatif Devol, 2017-KK-0646 (La. 06/05/17) [1 p.]
From LSCR Volume 25, Issue 6
     Defendant was a third-year law student when charged in East Baton Rouge Parish with forcible rape, simple rape, and sexual battery. This opinion conc... view full summary
127.Defendant entitled to an evidentiary hearing as to whether his guilty plea was made knowingly and intelligently.
State v. Jacob Johnston, 2016-KO-1460 (La. 06/05/17) [2 pp.]
From LSCR Volume 25, Issue 6
     Defendant's teacher took defendant into his home to live with his family when defendant was seventeen. On a day that the teacher and his wife left defendant... view full summary
128.District court erred in resetting initial trial date after case transfer.
State v. Kenneth P. Landrieu, 2017-KK-0950 (La. 06/09/17) [3 pp.]
From LSCR Volume 25, Issue 6
     Defendant filed a motion to waive his right to a jury trial in the Criminal District Court for the Parish of Orleans. Pursuant to La. Code Crim. Proc. art. 7... view full summary
129.Habeas petitioner convicted of 1971 rape entitled to evidentiary hearing on Brady claim.
Wilbert Jones v. Darrel Vannoy, 2017-KP-0101 (La. 06/16/17) [6 pp.]
From LSCR Volume 25, Issue 6
     Petitioner was convicted of the 1971 abduction and rape of a young Baton Rouge General Medical Center nurse. He was sentenced to life in prison without benefit of parol... view full summary
130.Court remands in light of new legislation regarding parole eligibility for defendants who committed crimes as juveniles.
State v. Barry Pascual, 2016-KP-2167 (La. 06/29/17) [3 pp.]
From LSCR Volume 25, Issue 6
     Defendant was convicted of first degree murder in 1999 for a shooting that he committed in 1996. At the time of the murder, defendant was under the age of eighteen. By ... view full summary
131.District court confused issues of authentication and reliability regarding video evidence at preliminary hearing.
State v. Ronald Rice, Jr., 2017-KK-0446 (La. 06/29/17) [4 pp.]
From LSCR Volume 25, Issue 6
     The district court conducted a preliminary hearing to determine whether probable cause existed to support charges of attempted second degree murder and carjacking ag... view full summary
132.Court distinguishes Louisiana money laundering statute from federal one; evidence was sufficient to convict under Louisiana statute.
State v. Martin Lemoine, 2015-K-1120 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Defendant was the president of Morel G. Lemoine Distributors, Inc. (Morel), which provided fuel to Union Pacific Railroad. Evidence at trial showed ... view full summary
133.Court affirms conviction for intent to distribute eighteen grams of marijuana, resulting in eighteen-year sentence.
State v. Gary D. Howard, 2015-KO-1404 (La. 05/03/17) [14 pp.]
From LSCR Volume 25, Issue 5
     In December 2013 officers obtained a warrant for defendant's arrest for violating the terms of his probation and parole. They had received a tip that defend... view full summary
134.Sex offender registration law applied to defendant who was found not guilty by reason of insanity.
State v. Glenn Cook, 2016-KK-1518 (La. 05/03/17) [20 pp.]
From LSCR Volume 25, Issue 5
     Defendant suffers from severe chronic mental illness and has been in and out of psychiatric treatment since he was a teenager. In 1986, when in his twenties, he was charge... view full summary
135.District court lacked jurisdiction to convict defendant of two counts of rape committed when he was younger than fifteen.
State v. Alfred Harrison, 2016-KO-0187 (La. 05/12/17) [6 pp.]
From LSCR Volume 25, Issue 5
     Defendant was indicted for six counts of aggravated rape that the State alleged he committed when he was between the ages of thirteen and sixteen. ... view full summary
136.Speedy trial period was suspended between time defendant failed to appear and time State knew where he was incarcerated on federal charges.
State v. Chaka Stewart, 2015-K-1845 (La. 05/12/17) [10 pp.]
From LSCR Volume 25, Issue 5
     In June 2011 defendant was charged with one count of possession of marijuana, second offense, one count of possession with intent to distribute heroin, and on... view full summary
137.Defendant was entitled to post-conviction evidentiary hearing on issues of sufficiency of evidence and ineffective assistance.
State v. Rudy Francis, 2016-KP-0513 (La. 05/19/17) [7 pp.]
From LSCR Volume 25, Issue 5
     In 2003 defendant was indicted for the second degree murder of Larry Lawrence. Two trials ended in mistrials. After the third, the jury found defendant gui... view full summary
138.District court's ruling excluding self-defense jury charges was premature.
State v. Devante Payton, 2017-KK-0489 (La. 05/19/17) [3 pp.]
From LSCR Volume 25, Issue 5
     Defendant was charged with second degree murder for the shooting death of Donte Moore. The State filed a pre-trial motion to exclude self-defense jury charges, an... view full summary
139.Court clarifies ruling on traffic stop canine sniff.
State v. Dustin Mantia, 2017-KK-0240 (La. 05/26/17) [2 pp.]
From LSCR Volume 25, Issue 5
     On March 31, 2017, the Court granted a supervisory writ and reversed the district court's grant of a motion to suppress evidence discovered as a result of a dog sniff dur... view full summary
140.Defendant not entitled to be charged under amended law lowering marijuana possession penalties.
State v. Wyman Henry, 2017-KK-0516 (La. 05/26/17) [5 pp.]
From LSCR Volume 25, Issue 5
     On June 25, 2015, defendant was found to be in possession of synthetic marijuana and charged with third-offense possession of marijuana. Four days ... view full summary
141.No suppression: traffic stop not unreasonably prolonged for dog sniff.
State v. Dustin Mantia, 2017-KK-0240 (La. 03/31/17) [2 pp.]
From LSCR Volume 25, Issue 4
     Defendant was involved in a traffic stop, during which officers employed a drug-sniffing dog. The dog alerted, causing officers to discover drugs in the vehicl... view full summary
142.Judgment effecting forfeiture of seized cash was null: State had custody of defendant so that service attempt at prior address was unreasonable.
State v. 1330 in U.S. Currency, 2016-OK-360 (La. 04/07/17) [5 pp.]
From LSCR Volume 25, Issue 4
     Robert Mincey was arrested and charged with second degree murder. When he was arrested, $1,330 in cash was found in his shoe and seized. Mincey was... view full summary
143.Defendant not required to wait five years to seek return of cash seized at arrest and used as evidence at trial.
Roger Wallace v. St. Tammany Parish Sheriff, 2016-OK-0682 (La. 04/07/17) [2 pp.]
From LSCR Volume 25, Issue 4
     Roger Wallace was charged with the creation or operation of a clandestine laboratory for the unlawful manufacture of methamphetamine. At the time of his arrest in 2009, th... view full summary
144.Plea agreement imposing sentence based on wrong version of statute was null and void.
State v. Charles Babineaux, 2016-OK-0694 (La. 04/24/17) [2 pp.]
From LSCR Volume 25, Issue 4
     Defendant pled guilty to the crime of oral sexual battery, a violation of La. R.S. Section 14:43.3, pursuant to a plea agreement. In accordance with the plea ... view full summary
145.Miranda did not apply to spontaneous, voluntary statement by defendant.
State v. Jamon Stephens, 2017-KK-0412 (La. 03/06/17) [2 pp.]
From LSCR Volume 25, Issue 3
     Defendant moved to suppress a statement by which he claimed ownership of a stolen shotgun. The district court denied the motion to suppress. The Fou... view full summary
146.Defendant entitled to relief under Graham for non-homicide offense committed as a juvenile.
State Ex Rel. Eduardo Robinson, 2015-KH-1987 (La. 03/13/17) [1 p.]
From LSCR Volume 25, Issue 3
     Defendant was serving a life sentence without parole eligibility for an aggravated rape he committed at the age of fifteen, as well as a life sentence without parole el... view full summary
147.Double capital murder defendant had not met standard for pre-trial subpoena duces tecum.
State v. Brian Smith, 2017-KK-0020 (La. 03/13/17) [2 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged with the first degree murder of two St. John the Baptist sheriff's deputies. In pre-trial proceedings, defendant moved for the issuance... view full summary
148.Defendant entitled to post-conviction hearing on issue of admissibility at trial of exculpatory grand jury testimony.
State v. Conell Galle, 2015-KP-1734 (La. 03/13/17) [4 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged, along with Allen Scott, of the attempted second degree murders of Nykeisha Jackson and Thomas Williams. Prior to trial, the State disclose... view full summary
149.Defendant's relationship with mother of his child was sufficient to support domestic abuse battery charge.
State v. Andre J. Davis, 2015-K-1949 (La. 03/15/17) [15 pp.]
From LSCR Volume 25, Issue 3
     Eugenia Leonard and defendant met while attending a university and had an intimate relationship for three or four years that resulted in the birth of a daughte... view full summary
150.Court prohibits disclosure to jury of sentence that may result from future habitual offender adjudication.
State v. Corei K. Guidry, 2016-KK-1412 (La. 03/15/17) [33 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged in Orleans Parish with possession with intent to distribute heroin, cocaine, and Tramadol, as well as conspiracy to commit simple escape. Prior to tr... view full summary
151.Charges for obstruction of justice were timely substituted for murder charges.
State v. Channing R. Gray, 2016-KK-0687 (La. 03/15/17) [18 pp.]
From LSCR Volume 25, Issue 3
     Derroceus Abney was murdered on or about February 10, 2007. His body was found in an inoperable freezer located in the yard of a Bienville Parish residence. His blood was ... view full summary
152.District court should not have suppressed defendant's pre-arrest and voluntary post-arrest statements.
State v. Jamal Fletcher, 2017-KK-0135 (La. 01/25/17) [2 pp.]
From LSCR Volume 25, Issue 2
     Defendant was arrested following a traffic stop. He filed a motion to suppress all statements he made to the police. The district court granted the motion, co... view full summary
153.Officer who was victim of crime was not required to testify at pre-trial hearing.
State v. Shawn Bart, 2017-KK-0038 (La. 02/02/17) [5 pp.]
From LSCR Volume 25, Issue 2
     Defendant was charged with first degree attempted murder of a police officer and aggravated assault with a firearm upon a peace officer. Defendant requested a ... view full summary
154.Case was pending for purposes of bail jumping without filing of indictment or information.
State v. John C. Broyard, 2016-K-0102 (La. 02/10/17) [3 pp.]
From LSCR Volume 25, Issue 2
     On January 26, 2014, defendant was arrested on two counts of illegal possession of stolen things in violation of La. R.S. Section 14:69(A). The following day he appeared i... view full summary
155.In light of Miller/Montgomery, Court remands for re-sentencing of defendant facing life sentence for murder committed as a juvenile.
State Ex Rel. Rontrell Wise, 2015-KH-0224 (La. 02/17/17) [1 p.]
From LSCR Volume 25, Issue 2
     Defendant was convicted in Assumption Parish for the 2006 second degree murder of Dantrell Anderson and sentenced to life in prison without benefit o... view full summary
156.Court reverses grant of motion to suppress evidence from pat-down.
State v. Devon Butler, 2016-KK-2183 (La. 02/17/17) [5 pp.]
From LSCR Volume 25, Issue 2
     Police officers observed defendant and another man, Fletcher, sitting in the parking lot of a closed service station. Fletcher met the description of the suspect ... view full summary
157.District court should have suppressed evidence stemming from warrantless search of Louisiana Prescription Monitoring Program.
State v. Bobby L. Brock, 2015-K-2165 (La. 02/24/17) [3 pp.]
From LSCR Volume 25, Issue 2
     Defendant presented a prescription for oxycodone and xanax at a pharmacy in Angie, Louisiana. A pharmacy employee became suspicious and requested a re... view full summary
158.Court reinstates recusal of Orleans Parish District Attorney in case in which judge was victim of crime.
State v. Joshua Stemle, 2016-KK-2266 (La. 02/24/17) [5 pp.]
From LSCR Volume 25, Issue 2
     Defendant, an Alabama attorney, was charged in Orleans Parish with a felony count of home invasion after allegedly entering the French Quarter courty... view full summary
159.Court deletes unauthorized prohibition on parole in sentence.
State Ex Rel. Frank Cravanas, 2014-KH-1554 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1

          Defendant pled guilty to aggravated burglary and illegal possession of stolen firearms under La. R.S. Sections 14:60 and 14... view full summary
160.District court erred in summarily denying relief to pro se habeas petitioner.
State Ex Rel. Tolbert Morris, 2015-KH-1824 (La. 01/09/17) [1 p.]
From LSCR Volume 25, Issue 1

     Defendant filed a pro se application for post-conviction relief, and the district court summarily denied it. The Court granted a supervisory writ and vacate... view full summary
161.District court was within discretion to summarily dismiss post-conviction claim.
State Ex Rel. David Q. Davis, 2016-KP-0305 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1
State Ex Rel. Jerome Hudson, 2016-KH-1731 (La. 01/09/17) [2 pp.]      The district court summarily denied defendant's application for post-conviction relief. The Fourth Circui... view full summary
162.Court reverses district court's grant of motion to suppress evidence and statements from traffic stop.
State v. Dominique McClellan, 2016-KK-1592 (La. 01/13/17) [3 pp.]
From LSCR Volume 25, Issue 1
     During a vehicle stop by the NOPD, defendant made incriminating statements and consented to a search of his vehicle. Defendant filed a motion to sup... view full summary
163.Appeal of revised sentence for pre-1982 felony conviction should be considered by intermediate court.
State Ex Rel. Jerome Hudson, 2016-KH-1731 (La. 01/09/17) [2 pp.]
From LSCR Volume 25, Issue 1
     Prior to 1982 the Court had exclusive appellate jurisdiction over felony convictions. In 1982 appellate jurisdiction in non-capital cases triable by a ... view full summary
164.Sentences for pre-1982 crimes were fully satisfied on release for diminution of sentence on "good time credit."
State Ex Rel. John Earl Square, 2015-KH-1409 (La. 01/13/17) [2 pp.]
From LSCR Volume 25, Issue 1
Sentences for pre-1982 crimes were fully satisfied on release for diminution of sentence on "good time credit." State Ex Rel. John Earl Square, 2015-KH-1409 (La. 01/13/17) [2 pp.]  &nb... view full summary
165.Court denies post-conviction relief to death row defendant convicted of 1995 murder of taxi driver.
State v. Teddy Chester, 2015-KP-2304 (La. 12/16/16) [29 pp.]
From LSCR Volume 24, Issue 12
     Defendant and Elbert Ratcliff were charged in 1996 with first degree murder as a result of the death of taxi driver John Adams. Adams was found inside his taxi... view full summary
166.Fourth Circuit correctly reversed district court's order of new trial for death row defendant convicted of 1995 restaurant murder.
State v. Rogers Lacaze, 2016-KP-0234 (La. 12/16/16) [18 pp.]
From LSCR Volume 24, Issue 12
     In 1995 the Kim Anh Vietnamese restaurant in New Orleans East was robbed and three people there murdered ? siblings Cuong Vu and Ha Vu, who were employed at ... view full summary
167.Court affirms first degree murder conviction and death sentence for "Angola Five" inmate.
State v. Jeffrey Clark, 2012-KA-0508 (La. 12/19/16) [154 pp.]
From LSCR Volume 24, Issue 12
     Defendant and fellow inmates at the Louisiana State Penitentiary in Angola were part of a botched plan to escape from prison. Their plan was to overpower guards in the Ca... view full summary
168.Court remands three cases for resentencing in light of Montgomery/Miller.
State v. Kyle Alexander, 2015-OK-1879 (La. 10/28/16) [4 pp.]
From LSCR Volume 24, Issue 11

          In this case the Court remanded to the 23rd JDC, Parish of Assumption, for resentencing of defendant pursuant to La. Code Crim... view full summary
169.District court's flawed Batson analysis requires new trial for defendant facing death sentence for murder of his one-year-old son.
State v. Rodricus Crawford, 2014-KA-2153 (La. 11/16/16) [48 pp.]
From LSCR Volume 24, Issue 11

          Roderius "Bobo" Lott was born in February 2011 to Lakendra Lott and defendant. Bobo lived with his mother in a home be... view full summary
170.Court orders post-conviction hearing regarding alleged recantation of armed robbery victim.
State Ex Rel. Trivenskey Odom, 2016-KH-0875 (La. 11/02/16) [3 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of a 2011 armed robbery in Shreveport and sentenced to sixty- five years' imprisonment without benef... view full summary
171.Court remands for DNA testing in 1976 kidnapping case.
State v. Richard Durr, 2015-KP-1735 (La. 11/02/16) [4 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of aggravated kidnapping and simple kidnapping after he and another man forcibly took two young ... view full summary
172.Court remands for evidentiary hearing on defendant's post-conviction claim of actual innocence of 2009 armed robbery.
State v. Kerry J. Paul, 2015-KP-2278 (La. 11/02/16) [1 p.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of the 2009 armed robbery of Melvin's Bar in New Orleans. He was sentenced as a third fe... view full summary
173.District court erred in granting defendant out-of-time appeal on ineffective appellate assistance claim.
State v Brian Keith Thomas, 2015-KO-1110 (La. 11/18/16) [2 pp.]
From LSCR Volume 24, Issue 11

          Defendant was convicted of attempted second degree murder resulting from a 2007 shooting in Ville Platte and was s... view full summary
174.Court of appeal erred in remanding for fee/sanction determination, when none had been requested in district court.
State v. Kevin Sceau, 2016-KK-1638 (La. 11/18/16) [9 pp.]
From LSCR Volume 24, Issue 11

          Defendant in Orleans Parish Municipal Court sought to obtain medical records pertaining to possible pre-existing injuries to... view full summary
175.Court reverses court of appeal on probable cause determinations.
State v. Joseph Kemp, 2016-KK-1370 (La. 11/29/16) [10 pp.]
From LSCR Volume 24, Issue 11

          This case was consolidated with State v. Chris Mansion, 2016-KK-137. After a preliminary hearing, the district court found no proba... view full summary
176.Court amends sentence to allow parole eligibility for defendant sentenced to 99 years without parole for armed robbery he committed at 17.
State Ex Rel. Alden Morgan v. State, 2015-KH-0100 (La. 10/19/16) [20 pp.]
From LSCR Volume 24, Issue 10

          In 1999 defendant was convicted of a 1998 armed robbery that he committed at the age of seventeen. During the robbery, defendant he... view full summary
177.Amended version of CCP art. 890.1 applied at sentencing; "crime of violence" designation not necessary.
State v. Sean Holloway, 2015-OK-1233 (La. 10/19/16)[13 pp.]
From LSCR Volume 24, Issue 10

          In 2007 defendant was the driver of a vehicle involved in a collision in which his passenger, Shawn Lancon, was killed. Defendant had a ... view full summary
178.Court reverses attempted armed robbery conviction; district court erred in handling State's reverse-Batson challenges.
State v. Johnny Lee Harris, 2015-K-0995 (La. 10/19/16) [8 pp.]
From LSCR Volume 24, Issue 10
Defendant was charged with a 2009 attempted armed robbery and proceeded to trial. During voir dire, defense counsel used Batson v. Kentucky, 476 U.S. 79 (1986), to challenge ... view full summary
179.Court affirms conviction and death sentence for 2008 triple murder in Bossier City.
State v. Robert Leroy McCoy, 2014-KA-1449 (La. 10/19/16) [139 pp.]
From LSCR Volume 24, Issue 10

          Yolanda Colston separated from defendant following an incident of domestic abuse battery in April 2008. On advice from law enforcement, ... view full summary
180.Court affirms death sentence for brutal murder of three unarmed brothers.
State v. Marcus Donte Reed, 2014-KA-1980 (La. 09/07/16)[72 pp.]
From LSCR Volume 24, Issue 9

    In 2010 a Caddo Parish jury convicted defendant and sentenced him to death for the first-degree murder of three unarmed brothers, Jeremiah, Jarquis, and Gene Adams.... view full summary
181.Court orders appeal vacated and case remanded for district court to comply with earlier order of the Court.
State v. Alireza Sadeghi, 2016-KK-1589 (La. 09/09/16)[3 pp.]
From LSCR Volume 24, Issue 9

    Defendant was charged with second degree rape and video voyeurism. The district court granted a protective order prohibiting defendant from contacting the al... view full summary
182.District court should not have suppressed evidence from laptop of pornography involving juveniles.
State v. Donald Crochet, 2016-KK-1123 (La. 09/23/16)[2 pp.]
From LSCR Volume 24, Issue 9

    Pursuant to a warrant, officers searched defendant's home to look for a stolen iPhone. While there they found twenty-three one-pound bags of marijuana, along wi... view full summary
183.Defendant's illegally lenient sentence not correctable by court of appeal on errors patent review.
State v. Ashaki Kelly, 2015-K-0484 (La. 06/29/16) [19 pp.]
From LSCR Volume 24, Issue 7

          Defendant was charged with three counts of aggravated rape of a juvenile under the age of thirteen and two counts of oral sexual batte... view full summary
184.Court upholds statute precluding lack of knowledge of child's age as defense to child sex trafficking.
State v. Dominick Sims, 2015-KA-2163 (La. 06/29/16) [13 pp.]
From LSCR Volume 24, Issue 7

          Defendant was charged with violating La. R.S. Section 14:46.3, which makes illegal the trafficking of children for sexual purposes. Se... view full summary
185.Defendant's inculpatory rap video could be admitted into evidence.
State v. Markeisha Lewis, 2016-KD-1361 (La. 07/19/16) [2 pp.]
From LSCR Volume 24, Issue 7

          Defendant was charged with second degree murder, conspiracy to possess xanax, and obstruction of justice. She filed a motion to quash ... view full summary
186.Defendant not entitled to Miranda warning before making statement to private investigator.
State v. Kevin Morgan, 2016-KK-0621 (La. 05/27/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Defendant made an inculpatory statement to a private investigator and later moved to suppress the statement. He argued that he had not... view full summary
187.Jury shield law precluded evidentiary hearing on juror misconduct in habeas proceeding.
State v. Frank Cosey, 2015-KP-1419 (La. 06/17/16) [5 pp.]
From LSCR Volume 24, Issue 6

          In 1996 defendant was convicted of the 1990 rape and first degree murder of a twelve-year-old Baton Rouge girl. He was sentenced to de... view full summary
188.Court remands for consideration by the district court of claims presented initially to appeals court in habeas proceeding.
State Ex Rel. Michael Shannon, 2015-KH-0792 (La. 06/17/16) [1 p.]
From LSCR Volume 24, Issue 6

          Defendant was convicted of second degree murder in 2011 and sentenced to life in prison without benefit of parol, probation, or suspen... view full summary
189.Requirements of amended article regarding jury waiver did not apply to defendant's pre-amendment waiver.
State v. Shane McCallon, 2016-KK-598 (La. 06/17/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with second degree murder as a result of a 2012 shooting in Orleans Parish. He initially waived his right to a j... view full summary
190.District court abused discretion in denying State's request for continuance to prepare for post-conviction evidentiary hearing.
State v. Darrell James Robinson, 2016-KP-1127 (La. 06/20/16) [1 p.]
From LSCR Volume 24, Issue 6

          Defendant was convicted in 2004 on four counts of first degree murder. Evidence showed that he shot and killed four members of a Rapid... view full summary
191.District court abused discretion in declaring mistrial based on testimony of witnesses not required to be sequestered.
State v. Gerard Ladmirault, 2016-KD-1155 (La. 06/23/16) [2 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with aggravated oral sexual battery for sexually assaulting a fourteen-year- old girl at knifepoint in 1991. The... view full summary
192.Court remands for consideration of constitutionality of statute regarding protective orders issued when crimes of violence are charged.
State v. Alireza Sadeghi, 2016-KK-0993 (La. 06/28/16) [2 pp.]
From LSCR Volume 24, Issue 6

          Defendant was charged with second degree rape and video voyeurism. The district court granted a protective order prohibiting defendant... view full summary
193.Court sets forth guidelines for Miller parole eligibility hearings in light of Supreme Court's decision that Miller applies retroactively on collateral review.
State v. Henry Montgomery, 2013-KP-1163 (La. 06/28/16) [10 pp.]
From LSCR Volume 24, Issue 6

          In 1969 defendant was convicted of the 1963 murder of Deputy Sheriff Charles Hunt. Defendant had turned seventeen just weeks before th... view full summary
194.Recanting witnesses' in-court identifications of defendant at first trial could not be admitted at second trial.
State v. Jerome Morgan, 2016-KK-0550 (La. 05/13/16) [6 pp.]
From LSCR Volume 24, Issue 5

          Defendant was convicted of second degree murder for the May 1993 shooting death of Clarence Landry at a sweet sixteen party. After ser... view full summary
195.Capital defendant not entitled to post-conviction relief.
State v. Daniel Blank, 2016-KP-0213 (La. 05/13/16) [22 pp.]
From LSCR Volume 24, Issue 5

          In 1999 a jury convicted defendant of the first degree murder of seventy-one-year-old Lillian Philippe. The State's evide... view full summary
196.Court of appeal erred in reversing conviction based on unsworn comments by unidentified juror about extraneous prejudicial information received by jury, but district court should conduct hearing about whether and how jurors obtained the information.
State v. Latracus Henry, 2015-K-2300 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4

          Defendant originally was charged with possession of a firearm as a convicted felon, as well as with the second degree murder of Dana S... view full summary
197.Officers who entered an open side gate and knocked on side door were not trespassing, and a later obtained search warrant was not tainted by an unconstitutional search.
State v. Charles Hilton, 2016-KK-0325 (La. 03/24/16) [6 pp.]
From LSCR Volume 24, Issue 4

          Police officers investigated a Crimestoppers' tip of narcotics activity at a building in a residential neighborhood. When they got to ... view full summary
198.Circumstances warranted revelation of identity of confidential informant to defendant.
State v. James J. Lewis, 2015-KK-2256 (La. 04/04/16) [4 pp.]
From LSCR Volume 24, Issue 4

          Defendant was charged with distributing heroin based on information from a confidential informant. In a transaction not observed direc... view full summary
199.In response to capital defendant's multiple ex parte motions and requests to seal records, district court must determine if disclosure of each item would be fundamentally unfair and issue written, transcribed reasons.
State v. David Brown, 2016-KK-0274 (La. 04/22/16) [5 pp.]
From LSCR Volume 24, Issue 4

          In this capital case defendant had filed several contradictory motions and subpoena requests ex parte in the district court, and the di... view full summary
200.Defendant required to register as a sex offender in Louisiana for his lifetime although he had fulfilled registration requirements in state where offense occurred before lifetime registration requirement went into effect.
State v. Mike Rutherford, 2015-K-0636 (La. 03/04/16) [3 pp.]
From LSCR Volume 24, Issue 3

          In 1992 Mike Rutherford was convicted in Oklahoma of lewd molestation, the Louisiana equivalent of sexual battery of a child under the... view full summary
201.Multiple felony offender sentence mooted defendant's argument that he should have been tried by jury of twelve on DWI fourth offense charge.
State v. Gerald W. Dahlem, 2014-KO-1555 (La. 03/15/16) [25 pp.]
From LSCR Volume 24, Issue 3

          Defendant was charged with driving while intoxicated, fourth offense, a violation of La. R.S. Section 14:98. The prosecution and defen... view full summary
202.In second degree murder case, State presented sufficient evidence of specific intent to kill and was not required to prove motive.
State v. Quint Mire, 2014-K-2295 (La. 01/27/16) [12 pp.]
From LSCR Volume 24, Issue 2

          In 2011 defendant and Julian Gajan were hunting deer out-of-season in the marsh in Vermillion Parish when defendant shot Gajan three t... view full summary
203.District court did not abuse its discretion in setting amount of restitution to victim in theft case without documentary evidence of exact pecuniary loss.
State v. Herman Perry, 2015-K-0510 (La. 02/05/16) [3 pp.]
From LSCR Volume 24, Issue 2

          Pursuant to a plea agreement, defendant pleaded guilty to theft over $1,500, in violation of La. R.S. Section 14:67. The victim was th... view full summary
204.In case of child abuse that resulted in death of child, State was entitled to introduce evidence of prior acts of abuse of child by defendant.
State v. Michael Robertson, 2015-KK-2095 (La. 02/05/16) [6 pp.]
From LSCR Volume 24, Issue 2

          Defendant was charged with the first degree murder of his eight-year-old son, Xzayvion Riley. The State notified defendant of its inte... view full summary
205.District court abused its discretion in reversing death sentence of Angola Five inmate on basis of purported Brady violation.
State v. David Brown, 2015-KK-2001 (La. 02/19/16) [11 pp.]
From LSCR Volume 24, Issue 2

          Defendant is one of the "Angola Five," a group of inmates who attempted to escape from the Angola State Penitentiary in 1999 and kille... view full summary
206.Court reverses death sentence based on State's violation of Jackson during penalty phase of retrial of convicted murderer.
State v. Robert Glen Coleman, 2014-KA-0402 (La. 02/26/16) [81 pp.]
From LSCR Volume 24, Issue 2

          Defendant was charged with the first degree murder of seventy-year-old Julian Brandon, a retired minister, and the attempted first deg... view full summary
207.State could introduce evidence of defendant's prior guilty pleas to weapons possession charges.
State v. Jake Hamilton, 2015-KK-1810 (La. 01/08/16) [6 pp.]
From LSCR Volume 24, Issue 1

          Defendant was alleged to have assaulted the victim with a handgun after breaking into the victim's apartment. No handgun was found on ... view full summary
208.Photograph of defendant using offensive gesture should not have been excluded under Code of Evid. art. 403.
State v. Devin Waterhouse, 2015-KK-2301 (La. 01/15/2016) [4 pp.]
From LSCR Volume 24, Issue 1

          Defendant was charged with the second degree murder of Kiran Harris. The State alleged that defendant and Harris belonge... view full summary
209.Case allotment system of Orleans Parish Criminal District Court did not violate defendants' due process rights.
State v. Erik Nunez c/w State v. Brandon Licciardi, 2015-KK-1473 c/w State v. Tyrone Brown, 2015-KK- 1486 (La. 01/27/16) [29 pp.]
From LSCR Volume 24, Issue 1

          Defendants in these consolidated cases challenged the constitutionality of the case allotment procedure in Orleans Parish C... view full summary
210.Admission of expert's letter as to results of victim's IQ test violated Confrontation Clause and hearsay rules, requiring new trial.
State v. Vernon Mullins, 2014-K-2260 c/w 2014-KO-2310 (La. 01/27/16) [18 pp.]
From LSCR Volume 24, Issue 1

          Defendant was indicted for aggravated rape in violation of La. R.S. Section 14:42. The statute provides that aggravated rape includes ... view full summary
211.District court erred in finding evidence of other alleged crimes admissible based on "res gestae."
State v. Alfred Scott, 2015-KK-1762 (La. 11/30/15) [8 pp.]
From LSCR Volume 23, Issue 12

          Noah Stout was murdered on August 28, 2012. Defendant was indicted for the murder, as well as obstruction of justice, and arrested on ... view full summary
212.Case remanded for district court to provide reasons for imposition of maximum sentence.
State v. Jessica Marie Allen Jones, 2015-KK-1723 (La. 12/04/15) [1 p.]
From LSCR Volume 23, Issue 12

          Defendant was convicted of the misdemeanor crime of contributing to the delinquency of a minor in violation of La. R.S. Section 14:92 ... view full summary
213.Search of vehicle was justified where officer reasonably believed vehicle contained evidence of offense for which passenger was arrested.
State v. Skye Myles, 2015-KK-2185 (La. 12/07/15) [2 pp.]
From LSCR Volume 23, Issue 12

          During a lawful traffic stop of a vehicle in which defendant was a passenger, an officer smelled marijuana and saw what might have bee... view full summary
214.Contradictory jury charge not prejudicial to defendant engaged in illegal activity at time of allegedly justifiable homicide.
State v. Christopher J. Wells, 2014-K-1701 (La. 12/08/15) [17 pp.]
From LSCR Volume 23, Issue 12

          In 2008 defendant went to the parking area of a trailer park in New Orleans to purchase marijuana from Brandon McCue. Defendant te... view full summary
215.Court clarifies likely end to state collateral review proceedings for defendant sentenced to death.
State v. James Tyler, III, 2013-KP-0913 (La. 11/06/15) [11 pp.]
From LSCR Volume 23, Issue 11

          In 1995 defendant robbed a Pizza Hut in Shreveport and, after taking money from the register, forced the manager and two other employe... view full summary
216.Thirty-year sentence for seventy-two-year-old, non-violent, habitual offender grandmother was unconstitutionally excessive.
State v. Doretha Mosby, 2014-K-2704 (La. 11/20/15) [7 pp.]
From LSCR Volume 23, Issue 11

          Defendant was charged with distribution of cocaine, a violation of La. R.S. Section 40:967A(2), at the age of seventy-two, after an of... view full summary
217.Defendant's waiver of jury trial was knowing and intelligent, despite lack of recorded colloquy with district court.
State v. Reginald Spurlock, 2015-KK-1173 (La. 09/25/15) [5 pp.]
From LSCR Volume 23, Issue 10

          Following his bench trial conviction, defendant challenged his waiver of his right to a trial by jury. Defense counsel had waived defe... view full summary
218.Defendant failed to meet his burden in post-conviction application for relief and had exhausted his right to state collateral review.
State v. Anthony Tillman, 2015-KP-0635 (La. 09/25/15) [9 pp.]
From LSCR Volume 23, Issue 10

          In October 2009 defendant was charged with second-degree murder in the death of Saneria Johnson and first-degree feticide. In Septembe... view full summary
219.Expiration of time for adjudication in juvenile court did not affect State's ability to charge juvenile in district court based on same conduct.
State v. Terrance Roberson, 2014-CK-1996 (La. 10/14/15) [12 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with armed robbery and attempted second-degree murder for offenses that allegedly occurred in May 2012 when he w... view full summary
220.District court did not abuse its discretion in sentencing defendant to maximum sentence available for simple rape conviction.
State v. Toby Fruge, 2014-K-1172 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with the forcible rape of two women, R.A. and J.H., in two separate incidents that occurred two years apart. In ... view full summary
221.Court of appeal erred in ordering an evidentiary hearing and issuance of subpoena duces tecum in untimely application for post-conviction relief.
State v. Ronald Marshall, 2014-KP-2091 (La. 10/14/15) [11 pp.]
From LSCR Volume 23, Issue 10

          In 1998 defendant was found guilty of armed robbery. At trial the victim testified that three men, including defendant, pushed their w... view full summary
222.Louisiana law allowed court to impose general costs of prosecution and investigation upon convicted defendant.
State v. Jessie Griffin, 2014-KP-1214 c/w 2014-KP-1238 (La. 10/14/15) [16 pp.]
From LSCR Volume 23, Issue 10

          In 2004 the State, through the office of the D.A. of the Third JDC, filed an omnibus motion for costs of prosecution. The State listed... view full summary
223.Court reinstates possession with intent to distribute cocaine conviction; court of appeal impinged on jury's discretion.
State v. Michael D. Ellis, 2014-E-1511 (La. 10/14/15) [8 pp.]
From LSCR Volume 23, Issue 10

          While defendant and a guest were at defendant's home, police found two small rocks of crack cocaine. Defendant admitted... view full summary
224.Defendant entitled to acquittal on conviction for molestation of a juvenile, which was not a lesser and included verdict for charged crime of aggravated incest.
State v. William J. Graham, 2014-K-1801 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with aggravated incest of a younger step-sibling, in violation of La. R.S. Section 14:78.1. Aggravated incest re... view full summary
225.Court affirmed conviction and death sentence for first degree murder of pregnant woman whom defendant believed was carrying his child.
State v. Lamondre Tucker, 2013-KA-1631 (La. 09/01/15) [60 pp.]
From LSCR Volume 23, Issue 9

          In September 2008 Tavia Sills was nearly five months pregnant. A few weeks earlier, she had told defendant, then eighteen-years-old, t... view full summary
226.Court denied writ application by serial killer seeking post-conviction relief.
State v. Derrick Todd Lee, 2014-KP-2374 (La. 09/18/15) [11 pp.]
From LSCR Volume 23, Issue 9

          In 2004 an East Baton Rouge Parish jury unanimously found defendant guilty of the first degree murder of Charlotte Murray Pace and sen... view full summary
227.Exception to limitations period for applications for post-conviction relief was warranted based on affidavit of recanting witness.
State v. Duvander Hurst, 2015-KP-455 (La. 09/18/15) [2 pp.]
From LSCR Volume 23, Issue 9

          #Defendant's conviction for second degree murder and sentence of life imprisonment became final in 2002. He filed this application for... view full summary
228.Defendant's abandonment of paper bag on front porch negated his expectation of privacy as to bag's contents; alternatively, exigent circumstances warranted seizure and search of the bag.
State v. Darryl Summers, 2015-KK-1363 (La. 07/29/15) [10 pp.]
From LSCR Volume 23, Issue 8

          While conducting surveillance at an intersection in Orleans Parish, a narcotics officer observed two men on either side of the street.... view full summary
229.Double Jeopardy Clause prohibited conviction for possession of stolen firearm where defendant also was convicted of armed robbery involving theft of same firearm.
State v. Jason M. Roe, 2014-KO-2322 (La. 08/28/15) [3 pp.]
From LSCR Volume 23, Issue 8

          An armed robbery occurred in which a victim was robbed of his car, shirt, and pants at gunpoint while attempting to purchase marijuana... view full summary
230.Court affirms reversal of manslaughter conviction in light of State's failure to present any medical expert to testify about victim's cause of death.
State v. Willie James Robertson, 2014-E-0945 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7

          In 1999 an eighty-six-year-old woman was found dead on the floor of her kitchen, with three plastic grocery bags lying just beyond rea... view full summary
231.Other crimes evidence should not have been allowed given complete lack of evidence from State that defendant committed the other crimes.
State v. Tyrone Daniel, 2015-KK-1312 (La. 07/08/15) [3 pp.]
From LSCR Volume 23, Issue 7

          In this homicide case, the district court denied defendant's motion for continuance and ruled that the State would be allowed to intro... view full summary
232.Inculpatory statements suppressed in light of clear Miranda violation.
State v. Gretchen Caston, 2015-KK-1348 (La. 07/11/15) [4 pp.]
From LSCR Volume 23, Issue 7

          Defendant was arrested by officers for allegedly shoplifting. An assisting officer then arrived at the scene and questioned defendant.... view full summary
233.Probationer had a diminished constitutional expectation of privacy, making search and seizure lawful under the circumstances.
State v. Keith Lee, 2015-KK-1161 (La. 06/15/15) [2 pp.]
From LSCR Volume 23, Issue 6

          Probation agents were lawfully in the residence of a probationer to check his compliance with conditions of probation. D... view full summary
234.Court vacated gang rape convictions and life sentences and remanded for new trial to include newly discovered evidence bearing on credibility of victim and other key witness.
State v. Derrick Maise, 2014-K-1912 c/w 2014-K-1923 c/w 2014-K-1926 c/w 2014-K-1933 (La. 06/30/15) [12 pp.]
From LSCR Volume 23, Issue 6

          Defendants Derrick Maise, Brett Ward, Clayton James King, and Michael Ayo each were charged by grand jury indictment with one count of... view full summary
235.Retroactive application of DNA exception to prescription of criminal charges violated Ex Post Facto Clauses, as did retroactive application of chemical castration statute.
State Ex Rel. Herbert Nicholson v. State, 2013-KH-0072 (La. 05/05/15) [7 pp.]
From LSCR Volume 23, Issue 5

          More than a decade after investigating two separate attacks on women in 1991 and 1994, Orleans Parish law enforcement authorities test... view full summary
236.Court reverses retroactive application of Miller v. Alabama in case in which defendant had been resentenced and released.
State v. Mark Smith, 2013-OK-1125 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was sentenced to life imprisonment without parole eligibility based on acts committed when he was a juvenile. He moved to co... view full summary
237.Under unique circumstances, defendant was entitled to raise on collateral review the issue of ineffective assistance of counsel at habitual offender proceeding.
State v. Alphonse Moore, 2014-KP-1282 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of armed robbery, found to be a second felony offender, and sentenced to forty-nine years and six months of im... view full summary
238.Defendant entitled to new trial based on newly discovered evidence of sole prosecution witness's convictions for perjury and malfeasance.
State v. Kevin Taylor, 2014-KO-1551 (La. 03/27/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of possession of cocaine based on testimony by Officer Hunt and adjudged a fourth felony offender. Officer Hun... view full summary
239.Where sentence of twenty years without benefit of probation or suspension of sentence was imposed on defendant as third felony offender based on marijuana possession conviction, case was remanded for district court to supply reasons.
State v. Corey Ladd, 2014-KO-1611 (La. 03/27/15) [3 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of possession of about half an ounce of marijuana. The district court ruled he was a third felony offender, ba... view full summary
240.Defendant not entitled to have guilty plea set aside based on incompetency to proceed.
State v. Brandon Houston, 2014-KP-1055 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant filed a motion in the district court to set aside his guilty plea based on his alleged incompetency to proc... view full summary
241.Investigatory stop was justified by defendant's suspicious driving pattern in high crime area.
State v. Dameion A. Greenberry, 2014-K-1126 (La. 04/10/15) [2 pp.]
From LSCR Volume 23, Issue 4

          New Orleans Police Officers Slagle and Davis were notified by the Violent Crime Abatement Team that a white Yukon SUV was continuously... view full summary
242.McQuiggin v. Perkins did not apply to state post-conviction proceedings based on state law.
State v. Gerard Edwards, 2014-KP-1737 (La. 04/10/15) [1 p.]
From LSCR Volume 23, Issue 4

          Defendant filed an application for post-conviction relief, to which the State filed procedural objections. The district co... view full summary
243.Defendant not entitled to retroactive application of Miller v. Alabama on collateral attack of sentence.
State v. Lawrence Jacobs, 2014-KP-1622 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4

          Defendant was convicted of second degree murder and sentenced to life imprisonment without parole eligibility based on acts committed ... view full summary
244.Life sentence for fifth felony offender convicted of possession of marijuana was unconstitutionally excessive.
State v. Anthony Daye, 2014-K-1191 (La. 02/27/15) [1 p.]
From LSCR Volume 23, Issue 3

          Defendant was convicted of possession of marijuana, second offense. Because he was a fifth felony offender, he was subject to a senten... view full summary
245.Term "sexually assaultive behavior" in La. Code of Evid. art. 412.2 not limited to acts defined as sex offenses under Louisiana law.
State v. Gary Layton, 2014-KK-1910 (La. 03/17/15) [9 pp.]
From LSCR Volume 23, Issue 3

          Defendant, charged with forcibly raping a woman in November 2013, entered a plea of not guilty. In accordance with La. Code Evid. art.... view full summary
246.In case involving theft of copper wire, court of appeal erred in substituting its own hypothesis of innocence for jury's verdict supported by DNA evidence.
State v. Wayne G. Taylor, 2014-K-0432 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3

          The Plaquemines Parish Government owns a 341-acre site comprised of several building complexes located close to the Orleans Paris... view full summary
247.Evidence of statements made to treating physicians by domestic violence victim identifying defendant as her attacker was admissible at defendant's trial when victim was unavailable to testify.
State v. David Koederitz, 2014-KD-1526 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3

          Defendant was charged with second degree battery and false imprisonment. The victim, his estranged girlfriend and mother of his child,... view full summary
248.Colloquy revealed that defendant's guilty plea was product of his reasonable misapprehension of an agreement or of mutual mistake.
State v. Darius Ducre, 2014-OK-1295 (La. 03/16/15) [2 pp.]
From LSCR Volume 23, Issue 3

          The Court granted a supervisory writ in this matter to address issues arising from defendant's guilty plea. During the plea colloquy, ... view full summary
249.Defendant entitled to relief from life sentence imposed twenty years ago during gap in application of habitual offender provisions.
State v. Paul Leblanc, 2014-KP-0163 (La. 01/09/15) [5 pp.]
From LSCR Volume 23, Issue 1

          In this post-conviction proceeding, defendant challenged his sentence of life imprisonment, which was based on the habitual offender p... view full summary
250.Defendant's violation of ban on open alcoholic beverage containers in vehicle gave officers sufficient basis to detain and search him.
State v. Cardal Hayes, 2014-KK-1999 (La. 12/08/14) [2 pp.]
From LSCR Volume 22, Issue 12

          A police officer effected a traffic stop because the driver was impeding the flow of traffic at a busy intersection in violation of La... view full summary
251.Court's closure due to hurricane interrupted prescriptive period for bringing defendant to trial.
State v. Raney Bibbins, 2014-K-0971 (La. 12/08/14) [2 pp.]
From LSCR Volume 22, Issue 12

          Defendant filed a motion to quash, arguing that the State failed to bring him to trial within the two- year prescriptive period of La.... view full summary
252.State's Doyle violation was harmless error where self-defense claim was implausible in light of overwhelming evidence.
State v. Daniel Marshall, 2013-K-2007 (La. 12/09/14) [12 pp.]
From LSCR Volume 22, Issue 12

          In September 2009, defendant shot and killed Ronald Hodges, Jr. For years, Hodges had been in a romantic relationship with Ebony Gasti... view full summary
253.Defendant moving to quash drug charge on the basis of valid prescription must be holder of the prescription.
State v. Denise Faggin, 2014-K-0326 (10/24/14) [3 pp.]
From LSCR Volume 22, Issue 11

          Defendant was charged with possessing hydrocodone in violation of La. R.S. Section 40:967(C)(2). She filed a motion to quash the prose... view full summary
254.When record is devoid of essential element of conviction, court must set aside conviction even if defendant fails to raise issue.
State v. Therand Thacker, 2014-KO-0418 (La. 10/24/14) [2 pp.]
From LSCR Volume 22, Issue 11

          Defendant was convicted of two counts of sexual battery, attempted aggravated rape, six counts of aggravated incest, and obstruction o... view full summary
255.Time limit for applying for post-conviction relief did not begin to run anew when district court resentenced defendant on armed robbery count.
State v. Sherrod Brumfield, 2013-KP-2390 (La. 11/14/14) [4 pp.]
From LSCR Volume 22, Issue 11

          On the same day in 1999, defendant entered guilty pleas to six charges, including one count of armed robbery that was the basis of a h... view full summary
256.Court summarily allowed evidence of prior burglary convictions in case involved DNA evidence at burglary scene.
State v. Reginald Hardy, 2014-KK-1569 (La. 11/21/14) [8 pp.]
From LSCR Volume 22, Issue 11

          Police discovered blood evidence on a window glass at the scene of a burglary, and defendant was identified through a DNA match. He wa... view full summary
257.Remand required to clarify whether otherwise illegally lenient sentence was imposed pursuant to agreement of the parties.
State v. Panagiotis I. Kondylis, 2014-K-0196 (La. 10/03/14) [4 pp.]
From LSCR Volume 22, Issue 10

          After defendant was found guilty of distributing cocaine, the State filed a habitual offender bill of information alleging nine predic... view full summary
258.DUI defendant not entitled to confront technician who certified breathalyzer was in working order.
State v. Maurice Addison Hawley, 2014-KK-0282 (La. 10/15/14) [15 pp.]
From LSCR Volume 22, Issue 10

          On February 19, 2012, defendant was arrested by a state trooper for driving under the influence and agreed to provide a breath sample ... view full summary
259.Amendment revoking good time credit for certain offenders violated ex post facto provisions.
Paul Massey v. Louisiana Depart of Public Safety and Corrections, 2013-C-2789 (La. 10/15/14) [15 pp.]
From LSCR Volume 22, Issue 10

          Defendant committed felony carnal knowledge of a juvenile and attempted molestation of a juvenile in August 1994 in Sabine Parish. The... view full summary
260.District court abused its discretion by granting defendant new trial on grounds not asserted by him.
State v. Quincy McKinnies, Jr., 2013-K-1412 (La. 10/15/14) [26 pp.]
From LSCR Volume 22, Issue 10

          Defendant was charged with aggravated assault on a peace officer with a firearm. At trial, Officer Ryan Mekdessie of the Gretna Police... view full summary
261.Double Jeopardy did not attach to illegal possession of stolen firearm charge although defendant had been convicted of illegal carrying of a concealed weapon based on same acts.
State v. Kemon J. Magee, 2012-K-1084 (La. 08/25/14) [4 pp.]
From LSCR Volume 22, Issue 9

          Defendant was charged with a first-offense grade of illegal carrying of a concealed weapon under La. R.S. Section 14:95(A), which ... view full summary
262.Court overrules Knighten rule; when using potential juror's criminal record as race-neutral reason for strike in Batson challenge, State not required to produce record.
State v. David E. Bender, 2013-K-1794 (La. 09/03/14) [16 pp.]
From LSCR Volume 22, Issue 9

          Defendant was charged with simple burglary of a vehicle and went to trial. During voir dire, the State struck three African-American p... view full summary
263.Self-defense and justification not available as defenses for inmates accused of possessing weapons inside penal institution.
State v. Joseph Perkins, 2013-K-1917 (La. 09/03/14) [8 pp.]
From LSCR Volume 22, Issue 9

          Defendant was charged with possession of a "shank" or homemade knife by a convicted felon, a violation of La. R.S. Section 14:95.1, wh... view full summary
264.Court reverses first-degree murder conviction based on district court's erroneous denial of defendant's challenge of prospective juror.
State v. Eric Dale Mickelson, 2012-KA-2539 (La. 09/03/14) [50 pp.]
From LSCR Volume 22, Issue 9

          Defendant was charged with the first-degree murder of eighty-six year old Charles Martin, who was strangled to death in his home in Sh... view full summary
265.Cell phone photo of defendant admissible for purposes of proving identity, despite possible prejudice from depiction of gang sign and vulgar gesture.
State v. Kendall Harrison, 2014-KD-1647 (La. 09/10/14) [3 pp.]
From LSCR Volume 22, Issue 9

          Defendant was charged in a case involving murder and robbery in Orleans Parish. At issue was the admissibility of photographs obtained... view full summary
266.Court reinstates conviction and sentence despite argument that district court lacked jurisdiction after appeal was ordered.
State v. Randolph Armstead, 2014-K-1365 (La. 09/12/14) [1 p.]
From LSCR Volume 22, Issue 9

          Defendant was charged with aggravated rape and second degree kidnapping after a sixteen-year-old girl reported she had been dragged in... view full summary
267.Court reinstates original sentence without parole eligibility because Miller v. Alabama is not retroactive to final sentences.
State ex rel. Raymond Green v. State, 2013-KH-0063 (La. 09/19/14) [2 pp.]
From LSCR Volume 22, Issue 9

          Defendant was sentenced to life in prison without parole eligibility based on acts committed when he was a juvenile. He moved to corre... view full summary
268.Defendants who pled guilty as adults were required to register as sex offenders even though offenses occurred when they were younger than fourteen.
State v. I.C.S c/w State v. C.M.S., 2013-CK-1023 (La. 07/01/14) [24 pp.]
From LSCR Volume 22, Issue 7

          Defendants C.M.S. and I.C.S. are brothers. When they were twelve and thirteen-years-old, respectively, they committed offen... view full summary
269.Felon-in-possession statute survived strict scrutiny analysis required by Louisiana constitutional amendment.
State v. Christopher Eberhardt, 2013-KK-2306 c/w State v. Jamal C. Taylor, 2014-KA-0209 (La. 07/01/14) [17 pp.]
From LSCR Volume 22, Issue 7

          Prior to its amendment in 2012, La. Const. art. I, Section 11 provided, "The right of each citizen to keep and bear arms shall not be ... view full summary
270.Domestic abuse battery arrest and conviction could not be expunged under R.S. Section 44:9(A)(5)(b).
State v. Leonard Cardenas, III, 2013-C-2982 (La. 07/01/14) [13 pp.]
From LSCR Volume 22, Issue 7

          In September 2006, the State charged defendant with domestic abuse battery arising from an incident with his wife that occurred in the... view full summary
271.Lower courts erred in denying post-conviction request for DNA testing.
State v. Almetric Debrow, 2013-KP-1814 (La. 05/23/14) [1 p.]
From LSCR Volume 22, Issue 6

          Defendant was convicted of attempted armed robbery. The State's case rested on identification testimony, and defendant pre... view full summary
272.Blood alcohol test on unconscious defendant was reasonable, given collective knowledge of law enforcement investigating fatal car accident.
State v. Marcus Weber, 2013-K-1851 (La. 05/30/14) [6 pp.]
From LSCR Volume 22, Issue 6

          Defendant was in a truck with two other people when it collided with another vehicle, killing the driver of the other vehicle. After d... view full summary
273.Federal crime of bringing in and harboring certain aliens could not serve as basis for fourth felony offender adjudication.
State v. Frankie Baskin, 2013-KO-2747 (La. 06/13/14) [1 p.]
From LSCR Volume 22, Issue 6

          The district court sentenced defendant as a fourth felony offender for purposes of La. R.S. Section 15:529.1, based in ... view full summary
274.Statute criminalizing carrying illegal drugs while possessing a firearm did not violate right to bear arms granted by Louisiana Constitution.
State v. Rico Webb, 2013-KK-1681 (La. 05/07/14) [19 pp.]
From LSCR Volume 22, Issue 5

          A traffic stop in New Orleans resulted in officers recovering a marijuana "blunt" from defendant's back pack, as well as a handg... view full summary
275.Officer outside his jurisdiction had authority to detain defendant.
State v. John Emmitt Gates, 2013-KK-1422 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5

          Officer Brian Bell of the Haughton Police Department was on duty and within city limits while sitting in his patrol car at the interse... view full summary
276.Double jeopardy did not bar retrial of defendant where district court granted mistrial after acquitting defendant without authority to do so.
State v. Morris Davenport, 2013-KK-1859 (La. 05/07/14) [39 pp.]
From LSCR Volume 22, Issue 5

          Defendant was charged with aggravated rape. At the jury trial, the State was required to prove that the victim suffered from a mental ... view full summary
277.Court reinstated conviction based largely on circumstantial evidence of cell phone calls.
State v. Samuel Mack, Jr., 2013-K-1311 (La. 05/07/14) [18 pp.]
From LSCR Volume 22, Issue 5

          A jury convicted defendant of being a principal to the murder of Mark Westbrook, who was executed by a gun shot to the back of the hea... view full summary
278.District court abused its discretion in denying admission of other crimes evidence based solely on remoteness in time.
State v. Vernon Wayne Altenberger, 2013-KK-2518 (La. 04/11/14) [15 pp.]
From LSCR Volume 22, Issue 4

          In May 2010, defendant allegedly approached his wife, picked her up by the neck, choked her, threw her on top of a bar, and punched he... view full summary
279.Resentencing mandated where district court failed to follow procedure for sentencing below minimum required by Habitual Offender Law.
State v. Michael Lawrence, 2014-KK-0081 (La. 04/11/14) [2 pp.]
From LSCR Volume 22, Issue 4

          The district court imposed a sentence below the minimum sentence required by Louisiana's Habitual Offender Law. The Fourth Circuit... view full summary
280.Where defendant raises Atkins defense of mental retardation for first time in post-conviction proceedings, district court should follow procedure outlined in State v. Dunn
State v. Jason Reeves, 2014-KD-0132 (La. 04/25/14) [2 pp.]
From LSCR Volume 22, Issue 4

          In post-conviction proceedings, defendant asserted for the first time that he was mentally retarded and could not be executed without ... view full summary
281.Search of unlabeled pill bottle was warranted as incident to lawful arrest.
State of Louisiana v. Dejon Marshall, 2014-KK-0369 (La. 02/26/14) [2 pp.]
From LSCR Volume 22, Issue 3

          Defendant was arrested for possession of narcotics. In this brief opinion, the Court granted a supervisory writ and reve... view full summary
282.State proved out-of-state guilty plea was valid for use in habitual offender adjudication.
State of Louisiana v. Edward J. Morgan, III, 2013-K-1495 (La. 02/28/14) [4 pp.]
From LSCR Volume 22, Issue 3

          At issue was defendant's sentence on an aggravated incest charge in a multiple count indictment. The State sought to have him sentence... view full summary
283.District court should be directed to conduct resentencing in compliance with laws implementing Miller v. Alabama.
State of Louisiana v. Willie Jones, 2013-K-2039 (La. 02/28/14) [1 p.]
From LSCR Volume 22, Issue 3

          In March 2012, defendant was convicted of second degree murder, committed when he was seventeen years old. He was se... view full summary
284.Court vacated maximum sentence rendered by district court to bypass Orleans Parish Prison.
State of Louisiana v. Richard Mills, 2013-KO-1901 (La. 03/21/14) [3 pp.]
From LSCR Volume 22, Issue 3

          Based on the presence of residue in a glass pipe, defendant was convicted of possession of cocaine. He was adjudicated a second felony... view full summary
285.Grand jury testimony of recalcitrant eyewitness to murder was admissible at trial.
State of Louisiana v. Eric Ross, 2013-K-0175 (La. 03/25/14) [20 pp.]
From LSCR Volume 22, Issue 3

          On December 6, 2008, Albert McClebb, Jr. was shot to death in the Algiers neighborhood of New Orleans. No eyewitnesses initially c... view full summary
286.District court committed reversible error in admitting evidence of tracking by bloodhounds; defendant entitled to new trial.
State v. Corey W. Oliphant, 2013-K-2973 (La. 02/21/14) [10 pp.]
From LSCR Volume 22, Issue 2

          A man armed with a pistol robbed the Tobacco Warehouse in Natchitoches one afternoon in 2005. A store employee described the robber as... view full summary
287.Despite acquittal, district court properly denied motion to expunge arrest record.
State v. Karen Gettridge, 2013-OK-1261 (La. 01/10/14) [2 pp.]
From LSCR Volume 22, Issue 1

          After defendant was acquitted of charges brought against her, she moved to expunge her arrest record. The district co... view full summary
288.Incest conviction upheld where defendant did not object at trial to claimed confrontation clause violation.
State v. Joshua Vallo, 2013-K-1369 (La. 01/10/14) [4 pp.]
From LSCR Volume 22, Issue 1

          Defendant was charged with aggravated incest, the victim being his eight-year-old stepdaughter. At trial, the State introduced a video... view full summary
289.Defendant not entitled to rely on statutory amendments regarding defensive use of deadly force.
State v. Robert Wilkins, 2013-KK-2539 (La. 01/15/14) [3 pp.]
From LSCR Volume 22, Issue 1

          In this case, defendant was charged with second-degree murder based on events in 2004. As a defense, he contended the k... view full summary
290.State had standing to oppose issuance of subpoenas regarding victim's medical, educational, and social security records.
State v. Ray Boudreaux, 2013-KK-2732 (La. 01/17/14) [5 pp.]
From LSCR Volume 22, Issue 1

          In this criminal case, defendant sought subpoenas duces tecum for: (1) the medical, educational, and social security records of Keith ... view full summary
291.Defendant's possession of Butalbital was not criminal.
State v. Sidney Williams, III, 2013-K-1226 (La. 12/02/13) [1 p.]
From LSCR Volume 21, Issue 12

          Defendant was convicted of, inter alia, possession of Butalbital. On appeal, he challenged the sufficiency of the evidenc... view full summary
292.Troopers had reasonable suspicion to detain defendant at bus station based on information from first-time informant.
State v. Charles Carter, 2013-KK-1952 (La. 12/02/13) [10 pp.]
From LSCR Volume 21, Issue 12

          In April 2012, a Louisiana state trooper received a tip from a new and unnamed informant indicating defendant was on the way to Lake P... view full summary
293.Criminal statute prohibiting felons from possessing firearms did not violate defendant's right to bear arms under amendment to Louisiana Constitution.
State v. Glen P. Draughter, 2013-KA-0914 (La. 12/10/13) [19 pp.]
From LSCR Volume 21, Issue 12

          In 2011, defendant pled guilty to one count of attempted simple burglary and was sentenced to two years at hard labor, suspended, and ... view full summary
294.Crack cocaine sold by defendant could be identified solely by circumstantial evidence.
State v. Brandon Smith, 2012-K-2358 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          NOPD detective Daniel Hunter, acting on a tip from an informant, orchestrated a controlled purchase of crack cocaine from a house on S... view full summary
295.Detective had reasonable suspicion to detain defendant and others in Wal- Mart parking lot for "smurfing."
State v. Jason Todd Duhe, 2012-K-2677 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          In 2011, Detective Comeaux, who primarily investigated methamphetamine production and trafficking for the St. Tammany Parish ... view full summary
296.Miller v. Alabama does not apply retroactively in state collateral proceedings.
State v. Darryl Tate, 2012-OK-2763 (La. 11/05/13) [30 pp.]
From LSCR Volume 21, Issue 11

          In 1981, defendant, who was seventeen, pleaded guilty to second-degree murder, attempted first- degree murder, and armed robbery, whil... view full summary
297.Defendant not entitled to relief for allegedly excessive sentence.
State v. Willie Humphrey, 2013-OK-0481 (La. 11/08/13) [2 pp.]
From LSCR Volume 21, Issue 11

          Defendant filed a motion to correct illegal sentence, contending that the sentencing practices in 1976 resulted in a constitutionally ... view full summary
298.State not required to produce a particular type of evidence to prove defendant's identity under Habitual Offender Act.
State v. Vorris White, 2013-KK-1525 (La. 11/08/13) [5 pp.]
From LSCR Volume 21, Issue 11

          Defendant was convicted of one count of unauthorized use of a motor vehicle. The State filed a bill of information alleging he was a q... view full summary
299.Time period during which defendants were not under arrest not included in determining whether constitutional right to speedy trial was violated.
State v. Timothy L. Mathews, 2013-K-0525 (La. 11/15/13) [5 pp.]
From LSCR Volume 21, Issue 11

          Based on offenses that occurred in June 2008, four defendants were charged the next month with, inter alia, possession with intent to ... view full summary
300.Defendant should have been allowed to withdraw Alford guilty plea.
State v. Rico Jackson, 2013-KK-1409 (La. 11/15/13) [2 pp.]
From LSCR Volume 21, Issue 11

          In the district court, defendant maintained his innocence but pleaded guilty pursuant to North Carolina v. Alford, 400 U.S... view full summary
301.Louisiana statute regarding operation of motor vehicles by aliens not possessing documentation of lawful presence was preempted by federal law: three related cases.
State v. Alexis Sarrabea, 2013-K-1271 (La. 10/15/13) [28 pp.]
From LSCR Volume 21, Issue 10

          In response to the September 11, 2001, terrorist attacks, the Louisiana Legislature enacted, among other laws, La. R.S. Section 14:100... view full summary
302.Defendant not entitled to post-conviction relief based on victim's credibility issues under Conway or Code Crim. Proc. art. 851(3).
State v. Albert Norman Pierre, 2013-KP-0873 (10/15/13) [15 pp.]
From LSCR Volume 21, Issue 10

          Defendant was charged with aggravated rape on the basis of allegations made by C.C., the twelve- year-old granddaughter of defendant's... view full summary
303.Although counsel provided ineffective assistance by not raising double jeopardy issue, defendant failed to show resulting prejudice.
State v. Anthony Thomas, 2012-KP-1410 (La. 09/04/13) [22 pp.]
From LSCR Volume 21, Issue 9

          In 1998, defendant began exhibiting violent behavior toward his girlfriend. Fearing defendant, the girlfriend left her apartment to li... view full summary
304.District court could not issue valid warrant of execution until federal court of appeals issued mandate.
State v. Christopher Sepulvado, 2013-KP-2177 (La. 09/25/13) [1 p.]
From LSCR Volume 21, Issue 9

          Defendant was convicted of first degree murder and sentenced to death for the 1992 death of his six- year-old stepson, whom defendant ... view full summary
305.No violation of speedy trial rights despite 30-month delay and exhaustion of defendant's ability to retain private counsel.
State v. Perry Bell, 2013-K-0017 (La. 09/27/13) [7 pp.]
From LSCR Volume 21, Issue 9

          Defendant was arrested in April 2009 and indicted on one count of second degree murder in August 2009. He pled not guilty and retained... view full summary
306.In non-capital case, stay of proceedings should not be based on general request for pro bono funding for investigators.
State v. Andrew Kyle, 2013-KK-0647 (La. 06/14/13) [3 pp.]
From LSCR Volume 21, Issue 6

          In this non-capital case from Calcasieu Parish, pro bono defense counsel was appointed. Counsel moved for additional funding for inves... view full summary
307.Constitutionality of statute at basis of traffic stop was irrelevant to motion to suppress evidence of handgun possession.
State v. Dearius Duheart, 2013-KA-1105 (La. 06/14/13) [4 pp.]
From LSCR Volume 21, Issue 6

          Defendant was stopped for a traffic violation. When the officer conducted a pat-down search of defendant, he found a firearm. Defendan... view full summary
308.Defendant did not meet high bar for disclosure of entirety of witness's grand jury transcript.
State v. Rogers Lacaze, 2012-KP-2131 (La. 06/17/13) [3 pp.]
From LSCR Volume 21, Issue 6

          In preparing an application for post-conviction relief in this capital case, defendant moved for access to the entirety of a witness's... view full summary
309.Court of appeal should not have vacated second degree murder conviction without supplementing record.
State v. Jody Hamilton, 2013-K-0104 (La. 06/28/13) [2 pp.]
From LSCR Volume 21, Issue 6

          Defendant was convicted of second degree murder and attempted second degree murder. On appeal to the Third Circuit, his assignments of... view full summary
310.State met burden required at pre-trial hearing based on evidence of drug sales.
State v. Gilbert Baham, 2013-KK-0901 (La. 06/28/13) [4 pp.]
From LSCR Volume 21, Issue 6

          Officer Hunter of the NOPD received information from a familiar and reliable confidential informant that "Gilbert" wa... view full summary
311.No good cause existed to require victim to testify at pre-trial hearing regarding identification of defendants.
State v. Reginald Young, 2013-KK-1069 (La. 06/28/13) [2 pp.]
From LSCR Volume 21, Issue 6

          According to La. R.S. Section 46:1844(C)(3), concerning the rights of victims and witnesses, "Before any victim may be subpoenaed to t... view full summary
312.Officers could search backpack in public place based on "plain smell" doctrine.
State v. Kevin Gray, 2013-KK-1326 (La. 06/28/13) [3 pp.]
From LSCR Volume 21, Issue 6

          NOPD officers received a detailed anonymous tip that a man who was selling various items from a table on Canal Street also was selling... view full summary
313.Despite doubts about controlled purchase, probable cause for search and seizure existed within four corners of warrant.
State v. Jermaine Donald, 2013-KK-0018 (La. 05/03/13) [3 pp.]
From LSCR Volume 21, Issue 5

          In this case, a controlled purchase of cocaine formed the basis for a search warrant. Execution of the warrant resulted in the seizure... view full summary
314.Graham does not limit length of imprisonment for multiple offenses, even if cumulative effect is a life sentence for a non-homicide crime by juvenile.
State v. Giovanni Brown, 2012-KP-0872 (La. 05/07/13) [17 pp.]
From LSCR Volume 21, Issue 5

          Defendant was convicted of committing aggravated kidnapping and four counts of armed robbery. The crimes occurred in 1999 when defenda... view full summary
315.Court upheld forty-five day time limit for waiving jury prior to trial date; time limit applied to initial trial setting.
State v. Timothy Bazile, 2012-KA-2243 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          In 2010, to prevent abusive practices by criminal defendants disrupting trial schedules, the Legislature proposed and vote... view full summary
316.Where convicted in another state, duty of sex offender to register in Louisiana began when he moved to Louisiana.
State v. Joe Bob Clark, 2012-K-1296 (La. 05/07/13) [10 pp.]
From LSCR Volume 21, Issue 5

          In 1994, defendant was convicted in Texas of sexual assault of a child under the age of seventeen. He completed his sentence in Decemb... view full summary
317.Search of defendant justified by misdemeanor offense of riding bicycle on sidewalk, although State did not present that argument in district court.
State v. Jody Butler, 2012-K-2359 (La. 05/17/13) [8 pp.]
From LSCR Volume 21, Issue 5

          New Orleans police officers were patrolling a high crime area in a caravan of three police units when they approached a sport utility ... view full summary
318.Court affirms Fourth Circuit's reversal of motion to suppress in drug case.
State v. Kendall Phillips, 2013-KK-763 (La. 05/17/13) [2 pp.]
From LSCR Volume 21, Issue 5

          This very brief opinion concerned a motion to suppress granted by the district court and reversed by the Fourth Circuit. After grantin... view full summary
319.Court reinstated felony theft conviction stemming from sale of construction equipment.
State v. Donald K. Swanzy, 2012-K-1297 (La. 04/01/13) [14 pp.]
From LSCR Volume 21, Issue 4

          Defendant, the owner of Diesel Truck Service in Gretna, was the original contractor on a project to demolish the Twi Ropa Mill on Tcho... view full summary
320.Officers had probable cause to arrest defendant for trespassing in housing development; motion to suppress evidence of cocaine found in subsequent search was properly denied.
State v. Phillip Lampton, 2012-K-1547 (La. 04/05/13) [9 pp.]
From LSCR Volume 21, Issue 4

          New Orleans Police Officers Peak and Sam proactively patrolled the Iberville Housing Development, owned by the City of New Orleans and... view full summary
321.Fourth offense possession of marijuana conviction resulted in adjudication as third felony offender; circumstances did not warrant exceptional departure from mandatory minimum sentence.
State v. Bernard Noble, 2012-K-1923 (La. 04/19/13) [4 pp.]
From LSCR Volume 21, Issue 4

          Defendant was convicted of fourth offense possession of marijuana. He was adjudicated as a third felony offender based on two pri... view full summary
322.Jurisdiction proper in parish where State presented evidence defendant was part of criminal enterprise to transport drugs through parish.
State v. Cecil Redditt, 2013-KK-0295 (La. 04/19/13) [5 pp.]
From LSCR Volume 21, Issue 4

          In September 2011, Corey Hammond and Alesha Smith were stopped while driving through Tangipahoa Parish. They were found to... view full summary
323.Sentencing hearing and reconsideration required for juvenile mandatory life sentence case.
State v. Darrius Williams, 2012-K-1723 (La. 03/08/13) [2 pp.]
From LSCR Volume 21, Issue 3

          Defendant committed second degree murder in 2008 when he was seventeen years old. He is serving a mandatory life sentence of imprisonm... view full summary
324.Defendant not entitled to have expert present during crime lab testing.
State v. David Hardy, 2013-KK-0301 (La. 03/15/13) [4 pp.]
From LSCR Volume 21, Issue 3

          Through an FBI Combined DNA Index System, defendant's genetic profile was linked to evidence in a May 1993 aggravated kidnapping ... view full summary
325.Court reverses ruling that sex offender registration requirements are unconstitutional as applied to those found not guilty by reason of insanity.
State v. Isaiah Overstreet, Jr., 2012-KA-1854 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3

          In 1993, respondent, then thirty-two years old, attempted to force his way into a Southeastern University dormitory room... view full summary
326.Vehicular homicide is a "crime of violence" under R.S. Section 14:2(B).
State v. Craig Oliphant, 2012-K-1176 (La. 03/19/13) [18 pp.]
From LSCR Volume 21, Issue 3

          While driving in a highly intoxicated state, defendant struck and killed a pedestrian. Defendant pled guilty to vehicular homicide. Th... view full summary
327.Second degree murder convictions set aside where district court erred in prohibiting defendant from back striking objectionable juror.
State v. Billy R. Lewis, 2012-K-1021 (La. 03/19/13) [19 pp.]
From LSCR Volume 21, Issue 3

          Defendant and a co-defendant were charged with two counts of first degree murder, stemming from the shooting deaths of Travis Webb and... view full summary
328.District court's refusal to allow back strike of potential juror was not harmless error; reversal of second degree murder conviction affirmed.
State v. Jeremy Patterson, 2012-K-2042 (La. 03/19/13) [9 pp.]
From LSCR Volume 21, Issue 3

          This case was consolidated for oral argument with State v. Lewis, above. Defendant was charged with second degree murder and pleaded n... view full summary
329.Court outlines criteria for evaluating prior convictions from foreign jurisdictions in habitual offender adjudications.
State v. Mazen Hamdan, 2012-KK-1986 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3

          In 2010, defendant was charged with possession of a firearm by a convicted felon. The bill of information stated def... view full summary
330.Prosecutorial misconduct by Bodenheimer did not warrant vacating defendant's death sentence.
State v. Manuel Ortiz, 2011-KP-2799 (La. 01/29/13) [17 pp.]
From LSCR Volume 21, Issue 2

          In 1995, defendant was convicted of first degree murder for the killing of his wife, Tracie Williams, in a murder-for-hire scheme moti... view full summary
331.Fifth Amendment privilege irrelevant to admissibility of defendant's prior conviction.
State v. Travis Henderson, 2012-KK-2422 (La. 01/04/13) [4 pp.]
From LSCR Volume 21, Issue 1

          The State sought to introduce evidence of defendant's earlier 1999 conviction for armed robbery, attempted armed robbery, and first de... view full summary
332.Sentencing hearing and reconsideration required for juvenile mandatory life sentence case.
State ex rel. Albert Landry v. State, 2011-KH-0796 (La. 01/18/13) [2 pp.]
From LSCR Volume 21, Issue 1

          Defendant committed second degree murder in 1976 when he was seventeen years old. He is serving a mandatory life sentence of imprisonm... view full summary
333.Third marijuana possession offense enhanced to felony could be enhanced further under habitual offender provisions.
State v. Zachariah Lewis, 2012-KK-1835 (La. 11/30/12) [5 pp.]
From LSCR Volume 20, Issue 12

          Defendant was convicted of third offense possession of marijuana, in violation of La R.S. Section 40:966(E)(3), whic... view full summary
334.Probable cause existed for forfeiture of cash hidden in car despite lack of drug charges against driver.
State v. $144,320.00, 2012-K-0466 (La. 12/04/12) [19 pp.]
From LSCR Volume 20, Issue 12

          In January 2009, Tina Beers was pulled over in St. Martin Parish for a traffic violation while driving a minivan. She appeared ner... view full summary
335.No limitation exists for disclosure of identity of defendant, even if minor victim's identity could be ascertained as a result.
State v. R.W.B., 2012-CQ-0453 (La. 12/04/12) [8 pp.]
From LSCR Volume 20, Issue 12

          Defendant was convicted of attempted sexual battery of his minor stepdaughter, H.N. On appeal of his conviction, the Third Circui... view full summary
336.Sentence was illegal because it was based on facts assumed by court of appeal but not in evidence.
State ex rel. John Simpkins v. State, 2012-KH-1599 (La. 12/14/12) [3 pp.]
From LSCR Volume 20, Issue 12

          Defendant was convicted of several sex offenses involving minors, including molestation of a juvenile under the ... view full summary
337.State not required to disclose victim's social security number to defendant.
State v. Jon Wray Baumberger, 2012-KK-2053 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12

          Defendant was charged with murdering his wife. The district court ordered the State to provide him with his wife's social security... view full summary
338.Consensual search of paper bag during traffic stop was constitutional.
State v. Tony Milton, 2012-KK-2537 (La. 12/14/12) [3 pp.]
From LSCR Volume 20, Issue 12

          An officer pulled defendant over for a traffic stop. He approached the driver's side of the vehicle and asked for defendant's driv... view full summary
339.District court could not suppress evidence based on sua sponte finding that statute was unconstitutional.
State v. Dearieus Duheart, 2012-KA-0085 (La. 10/26/12) [5 pp.]
From LSCR Volume 20, Issue 11

          Defendant was stopped for a traffic violation. When the officer conducted a pat-down search of defendant, he found a firearm. Defendan... view full summary
340.Forfeiture of truck used to facilitate possession of cocaine was warranted despite criminal acquittal.
State v. 2002 Chevrolet Trailblazer, 2012-K-1148 (La. 11/16/12) [5 pp.]
From LSCR Volume 20, Issue 11

          Acting on a tip from an informant, Detective Durel orchestrated a controlled purchase of two rocks of cocaine by the informant from de... view full summary
341.Officers were warranted in pushing front door further open to secure house after resident was arrested.
State v. Frederick Washington, 2012-KK-2203 (La. 11/16/12) [8 pp.]
From LSCR Volume 20, Issue 11

          Defendant ran from a traffic stop by police officers and ultimately was subdued by taser in the street in front of his residence. He m... view full summary
342.First degree murder and death sentence upheld in brutal attack on homeless man and companion.
State v. Garcia, 2009-KA-1578 (La. 11/16/12) [94 pp.]
From LSCR Volume 20, Issue 11

          In 2006, Matthew Millican and his female companion, M.T., lived a voluntarily homeless lifestyle, traveling throughout the U.S. by pan... view full summary
343.Convictions and death sentences affirmed for defendant who murdered wife and five-year-old son.
State v. James C. Magee, 2011-KA-0574 (La. 09/28/12) [78 pp.]
From LSCR Volume 20, Issue 10

          Defendant and his wife, Adrienne, were married in 1998 and had three children. Troubles in their relationship came to a head in late 2... view full summary
344.Sentencing hearing and reconsideration required for juvenile mandatory life sentence cases.
State v. Emerson Simmons, 2011-KP-1810 (La. 10/12/12) [2 pp.]
From LSCR Volume 20, Issue 10

          Defendant committed second degree murder in 1995 when he was seventeen years old. He is serving a mandatory life sentence of imprisonm... view full summary
345.Evidence sufficient to find "entry" into residence for purposes of burglary, although defendant did not step into residence.
State v. Jerome Bryant, 2012-K-0233 (La. 10/16/12) [16 pp.]
From LSCR Volume 20, Issue 10

          In February 2005, Jason Goetz was at his Shreveport home with his two-year-old daughter. He heard a noise at the french doors at the b... view full summary
346.Criminally negligent lack of supervision of child who died in fire could not supply direct act required for mother's second degree murder conviction.
State v. Santonia Small, 2011-K-2796 (La. 10/16/12) [33 pp.]
From LSCR Volume 20, Issue 10

          On January 20, 2008, defendant left her daughter and son, ages six and seven, alone in their second- story apartment while she wen... view full summary
347."Second violation" of DWI statute requires conviction, not mere arrest.
Jade Boudreaux v. Louisiana Department of Public Safety and Corrections, 2012-C-0239 (La. 10/16/12) [11 pp.]
From LSCR Volume 20, Issue 10

          In September 2007, plaintiff was arrested for operating a vehicle while intoxicated. He completed a pre-trial intervention program, an... view full summary
348.Court reasserts holding that district court cannot consider constitutionality of jury trial waiver provision sua sponte.
State v. Sharoy Camese, 2011-KA-2534 (La. 09/12/12) [4 pp.]
From LSCR Volume 20, Issue 9

          Defendant was charged with distribution of cocaine and waived her right to a jury trial. More than two months later, she sought to wit... view full summary
349.Petition to reduce period of sex offender's registration must be filed in parish of conviction.
Alton J. Boutte, Jr. v. State of Louisiana, 2012-CC-1239 (La. 09/28/12) [2 pp.]
From LSCR Volume 20, Issue 9

          Under La. R.S. Section 15:544(D)(1), an offender may seek to reduce his period of registration as a sex offender by filing a petition ... view full summary
350.Evidence was sufficient to support conviction for possession of stolen things.
State v. Gary Wayne Woods, 2012-K-0505 (La. 06/29/12) [4 pp.]
From LSCR Volume 20, Issue 7

          Daniel Gonzales, an employee of the Silver Dollar Pawn Shop, was arrested for stealing merchandise from the shop. Gonzales told office... view full summary
351.Ruling on double jeopardy motion was premature.
State v. Karen Hall, 2012-K-0601 (La. 06/29/12) [2 pp.]
From LSCR Volume 20, Issue 7

          The State charged defendant with two offenses in one bill of information. Defendant filed a motion to quash, claiming double jeopardy,... view full summary
352.Court of appeal erred in vacating sentence as excessive.
State v. Courtney Paul Savoy, 2011-K-1174 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          In January 2007, defendant and Jacob Shaw, both Winn Correctional Center inmates, were transported by van from Winnfield t... view full summary
353.Evidence sufficient for second degree murder conviction of woman who shot boyfriend.
State v. Mary Henderson Trahan, 2011-K-1609 (La. 07/02/12) [12 pp.]
From LSCR Volume 20, Issue 7

          The State charged defendant with second degree murder following the shooting death of her live-in boyfriend. At trial the evidence sh... view full summary
354.Officer's opening suspect's car door did not increase intrusiveness of stop.
State v. Ricky Cure, 2011-K-2238 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          In March 2011, Detective Roccaforte, an experienced N.O.P.D. narcotics officer, was conducting undercover surveillance in the parking ... view full summary
355.District court did not abuse discretion in failing to depart downward from minimum sentence.
State v. Frank James Celestine, Jr., 2012-K-0241 (La. 07/02/12) [5 pp.]
From LSCR Volume 20, Issue 7

          Defendant committed an armed robbery by rushing toward his fianc? and another woman with a mask over his face and holding a pointed... view full summary
356.Cross-examination violated Doyle v. Ohio, warranting reversal of conviction.
State v. Darryl E. Patterson, 2012-K-0464 (La. 07/02/12) [2 pp.]
From LSCR Volume 20, Issue 7

          Defendant was charged with aggravated battery as a result of a stabbing. At a block party commemorating the birthday of... view full summary
357.Court orders investigation into post-conviction DNA testing in rape case.
State Ex Rel Henry Jackson v. State, 2011-KH-0394 (La. 05/25/12) [1 p.]
From LSCR Volume 20, Issue 6

          Relator was charged with rape. At trial, the State's case rested largely on the victim's identification of relator as the rapist. He u... view full summary
358.Habitual offender hearing was not part of record for error patent review.
State v. James Leonard Moore, 2012-K-0102 (La. 05/25/12) [2 pp.]
From LSCR Volume 20, Issue 6

          In the district court, defendant stipulated to the allegations in a habitual offender bill and was sentenced as a habit... view full summary
359.Officers lawfully entered home with defendant's consent although they did not reveal full reason for entry.
State v. Mark Seiler, 2012-KK-0389 (La. 05/25/12) [3 pp.]
From LSCR Volume 20, Issue 6

          Defendant's home had been burglarized. After the burglary suspect indicated there was drug contraband in the home, officer... view full summary
360.Although sparse, search warrant should have been upheld.
State v. Peter Collins, Jr., 2012-KK-0417 (La. 06/01/12) [3 pp.]
From LSCR Volume 20, Issue 6

          A confidential informant told officers about drug trafficking from defendant's residence and indicated he had taken a photo... view full summary
361.Motion to suppress should have been denied in drug arrest.
State v. Zevi Bush, 2012-KK-0720 (La. 06/01/12) [2 pp.]
From LSCR Volume 20, Issue 6

          An officer observed defendant in his vehicle in a parking lot in which the officer had made numerous drug arrests. Another individual ... view full summary
362.Attempted withdrawal of guilty plea referred to post-conviction proceedings.
State v. Walter Solomon, 2012-K-0202 (06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Defendant pled guilty and was adjudicated and sentenced as a habitual offender. He later unsuccessfully attempted to with... view full summary
363.Retroactive application of lifetime supervision requirement for sex offender did not violate Ex Post Facto Clause.
State v. Rudy Trosclair, 2011-KA-2302 (La. 05/08/12) [28 pp.]
From LSCR Volume 20, Issue 5

          Defendant pled guilty to sexual battery of a child under thirteen years of age, admitting that he, age twenty-seven, touched and rubbe... view full summary
364.Defendant was detained legally in connection with execution of search warrants at motel.
State v. Larry John Thompson, 2011-K-0915 (La. 05/08/12) [33 pp.]
From LSCR Volume 20, Issue 5

          Defendant was arrested in May 2008 at the Levingston Motel in Shreveport. Several officers arrived that night to executed two search w... view full summary
365.Other crimes evidence should not have been suppressed.
State v. Emory Walters, 2012-KK-0667 (La. 03/28/12) [1 p.]
From LSCR Volume 20, Issue 4

          The State provided defendant notice of its intent to introduce other crimes evidence at trial. The district court granted defendant's ... view full summary
366.Intoxication did not render defendant's inculpatory statements involuntary.
State v. Ashleigh Thornton, 2012-KK-0095 (La. 03/30/2012) [5 pp.]
From LSCR Volume 20, Issue 4

          In this second-degree murder case, police stopped defendant in her vehicle after receiving reports that she was driving erratically. S... view full summary
367.Motion to suppress should have been denied given testimony of officers.
State v. Tyrone Livas, 2012-KK-0294 (La. 03/09/12) [1 p.]
From LSCR Volume 20, Issue 3

          The district court held a hearing on defendant's motion to suppress. Officers testified that they conducted a protective... view full summary
368.Defendant's statement in earlier arrest was admissible as to intent to distribute.
State v. Bryan Hill, 2011-KK-2585 (La. 03/09/12) [2 pp.]
From LSCR Volume 20, Issue 3

          Defendant was arrested in March 2007 for possession of crack cocaine with intent to distribute. There was evidence that during the... view full summary
369.Batson violations warranted reversal of armed robbery convictions and sentences.
State v. Glen Dale Nelson, 2010-KO-1724 c/w State v. Melvin M. Goldman, 2010-KO-1726 (La. 03/13/12) [30 pp.]
From LSCR Volume 20, Issue 3

          This case resulted from the armed robbery of a high-stakes poker game in a mobile home. Three masked men were called to the game... view full summary
370.Sixty year contractor fraud sentence reinstated.
State v. John Colvin, 2011-K-1040 (La. 03/13/12) [10 pp.]
From LSCR Volume 20, Issue 3

          Defendant pleaded guilty to six counts of felony theft resulting from acts of contractor fraud following Hurricane Kat... view full summary
371.Defendant waived error in number of jurors.
State v. Aubrey Brown, 2011-K-1044 (La. 03/13/12) [7 pp.]
From LSCR Volume 20, Issue 3

          Defendant was charged by bill of information with one count of simple burglary of a religious building and one count of... view full summary
372.Criminal proceedings against defense counsel did not result in conflict of interest in death penalty case.
State v. Terrance Carter, 2010-KA-0614 (La. 01/24/12) [42 pp.]
From LSCR Volume 20, Issue 2
In 2006, defendant kidnapped five-year-old Corinthian Houston, the son of a woman who had ended a romantic relationship with defendant. Defendant brought Corinthian to an abandoned house ... view full summary
373.Mistrial not warranted by officer's reference at trial to another crime by defendant.
State v. Kenneth Barnes, 2012-KD-267 (La. 01/26/12) [2 pp.]
From LSCR Volume 20, Issue 2
While testifying at defendant's trial, a police officer referred to another crime committed by defendant. The district court declared a mistrial. On the State's application, the Court i... view full summary
374.State could not deprive defendant of right to waive jury trial by requesting trial date less than forty-five days away.
State v. Gerald Chinn, 2011-KK-2043 (La. 02/10/12) [19 pp.]
From LSCR Volume 20, Issue 2
In September 2009, defendant was charged by bill of information with three counts of attempted first degree murder and one count of aggravated criminal damage to property. The following year La. Co... view full summary
375.State met burden in habitual offender adjudication.
State v. Torrey D. Brown, 2011-K-1656 (La. 02/10/12) [3 pp.]
From LSCR Volume 20, Issue 2
For a defendant to receive an enhanced penalty as a habitual offender under La. R.S. Section 15:529.1, the State must prove the prior felony convictions and then prove that defendant is ... view full summary
376.Officer lawfully searched and questioned defendant walking in the middle of lane of traffic.
State v. Kevin Green, 2011-KK-2425 (La. 02/10/12) [4 pp.]
From LSCR Volume 20, Issue 2
A police officer observed defendant walking in the middle of the right hand lane of a major thoroughfare in New Orleans, forcing traffic to move into the left lane. The officer stopp... view full summary
377.Court upheld pre-amendment version of statute allowing crime lab reports in lieu of live testimony.
State v. Dion P. Simmons, 2011-K-1280 (La. 01/20/12) [8 pp.]
From LSCR Volume 20, Issue 1
New Orleans police officers arrested defendant after seeing him discard what a crime lab later determined were fourteen individually wrapped rocks of cocaine. He was charged with posse... view full summary
378.Court could not consider constitutionality of jury trial waiver provision in Louisiana Constitution sua sponte.
State v. Timothy Bazile, 2011-KK-2201 (La. 01/24/12) [10 pp.]
From LSCR Volume 20, Issue 1
To prevent perceived abusive practices by defendants in criminal cases exercising waivers of jury trials to disrupt trial schedules, the Legislature proposed and voters approved La. Const. art. I, S... view full summary
379.Amendments to sex offender registry provisions during multiple offender's ten year registration period imposed lifetime registration requirement.
Jimmy L. Smith v. State of Louisiana, 2010-C-1140 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1
In 1995 defendant, then nineteen, had sex with a female who was under the age of seventeen in the back of a truck while a friend drove them from East Baton Rouge Parish to East Feliciana Parish. Def... view full summary
380.Court affirms defendant's conviction and death sentence for murders of his wife and mother-in-law.
State v. Lee Roy Odenbaugh, Jr., 2010-KA-0268 (La. 12/06/11) [73 pp.]
From LSCR Volume 19, Issue 12
In December 2006, defendant got into an altercation with his wife, step-daughter, and mother-in-law at the residence he shared with his wife and step-daughter. Defendant left the scene in his truck,... view full summary
381.Evidence of defendant's prior sexual acts with minor female admissible in trial for aggravated incest as to defendant's son.
State v. Michael Anthony Wright, 2011-K-0141 (La. 12/06/11) [18 pp.]
From LSCR Volume 19, Issue 12
Defendant was charged with aggravated incest as to his son, BK. Defendant and BK's mother were never married, and BK lived intermittently with defendant as a teenager. During that time, defendant be... view full summary
382.Exigent circumstances justified officers' entrance into structure behind residence.
State v. Dorance Fleming, 2011-KK-1736 (La. 12/16/11) [1 p.]
From LSCR Volume 19, Issue 12
The district court granted a motion to suppress filed by defendant, challenging a warrantless search of a structure behind a residence. In a one-paragraph opinion, the Court determined that defendan... view full summary
383.Assuming warrant was required for buccal sample from defendant, State had met its burden.
State v. Charles Franklin, 2011-KK-1909 (La. 12/16/11) [4 pp.]
From LSCR Volume 19, Issue 12
Defendant was indicted on three counts of first degree murder. The district court issued a warrant for the State to obtain a buccal sample (which is taken from inside the cheek) from defendant. The ... view full summary
384.Magistrate made timely probable cause determination at hearing on preliminary issues.
State v. Archie Adams, 2011-KK-2381 (La. 11/02/11) [2 pp.]
From LSCR Volume 19, Issue 11
Defendant was arrested for intimidating a witness. He filed an application with the Fourth Circuit seeking release from custody, arguing that the magistrate failed to timely determine whether probab... view full summary
385.In juvenile, non-homicide life sentence cases, Court adpots interim measure to comply with Graham v. Florida.
State v. Matthew Shaffer, 2011-KP-1756 c/w 2011-KP-1758 (La. 11/23/11) [8 pp.]
From LSCR Volume 19, Issue 11
In these three consolidated cases, defendants each were convicted of aggravated rape in violation of La. R.S. Section 14:42, committed when they were under the age of eighteen. Each wa... view full summary
386.State's notice of victim impact evidence was sufficient.
State v. Erik Traczyk, 2011-KK-2149 (La. 10/19/11) [4 pp.]
From LSCR Volume 19, Issue 10
In this first degree murder prosecution, pursuant to State v. Bernard, 608 So. 2d 966 (La. 1992), the State filed notice of its intent to introduce victim impact evidence during the penalty phase of... view full summary
387.Constitutionality of La. Code Crim Proc. art. 496 upheld: it must be read together with art. 202.
State v. Larry Rochon, 2011-KA-0009 (La. 10/25/11) [26 pp.]
From LSCR Volume 19, Issue 10
The State filed a bill of information against defendant alleging he had committed theft of over $500. An arraignment date was set. Defendant, who was not arrested and may have been unaware of the ac... view full summary
388.Officer's retention of defendant's identification did not amount to seizure of defendant.
State v. Terrance A. Martin, 2011-K-0082 (La. 10/25/11) [14 pp.]
From LSCR Volume 19, Issue 10
In 2009, Officer Matthew Gibbs of the Calcasieu Parish Sheriff's Office walked into the Five Star convenience store in Moss Bluff, Louisiana. As he walked in, defendant was walking out. The men knew... view full summary
389.Death sentence affirmed in home invasion murder.
State v. Felton Dejuan Dorsey, 2010-KA-0216 (La. 09/07/11) [57 pp.]
From LSCR Volume 19, Issue 9
In April 2006, 79-year-old Bobbie Prock (Ms. Prock), who is white, was the victim of a home invasion. Two men forced their way into her home with a gun, tied her to a chair, and rans... view full summary
390.Lewd comment to minor constituted attempted indecent behavior with a juvenile.
State v. Todd Andrew Jones, 1020-K-0762 (La. 09/07/11) [23 pp.]
From LSCR Volume 19, Issue 9
Defendant, a former Assistant Chief of Police for the Town of Lecompte who describes himself as bisexual, was charged with 2 counts of forcible rape under La. R.S. Section 14:42.1 and 1 count of ind... view full summary
391.Appeal of resentencing transferred back to Second Circuit: Court did not have exclusive appellate jurisdiction.
State v. Rodney Wayne Macon, 11-OK-1731 (La. 09/21/11) [2 pp.]
From LSCR Volume 19, Issue 9
Prior to July 1, 1982, defendant was convicted of aggravated rape and sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, for a crime that h... view full summary
392.Court remands for hearing regarding employment of counsel in death sentence matter.
State v. Michael Garcia, 2009-KA-1578 (La. 09/23/11) [4 pp.]
From LSCR Volume 19, Issue 9
Defendant was convicted of first degree murder in the death of Matthew Millican and sentenced to death. On direct appeal to the Court, defendant claimed, inter alia, that the simultaneous representa... view full summary
393.Probable cause existed to obtain search warrant.
State v. Joel Williams, 2011-KK-1269 (La. 06/27/11) [4 pp.]
From LSCR Volume 19, Issue 7
A confidential informant told police that defendant was trafficking in cocaine and using his residence to store illegal narcotics and currency. Police also witnessed the controlled purchase of narco... view full summary
394.Newly assigned judge and prosecutor bound by prior stipulations.
State v. Darryl Griffin, 2011-KK-1227 (La. 06/29/11) [1 p.]
From LSCR Volume 19, Issue 7
Defendant was faced with a gun charge and a charge of attempted murder. A prosecutor stipulated in open court that the charges could not be tried together, and the district court ruled the charges ... view full summary
395.Sex Offender Assessment Panel statute upheld.
State v. Bryan Golston, 2010-KA-2804 (La. 07/01/11) [25 pp.]
From LSCR Volume 19, Issue 7
Defendants in five consolidated cases challenged the constitutionality of La. R.S. Section 15:560, which creates Louisiana's Sex Offender Assessment Panel (SOAP) process. Under the statute, if an... view full summary
396.Partial waiver of right to counsel was valid.
State v. John W. Mathieu, 2010-K-2421 (La. 07/01/11) [15 pp.]
From LSCR Volume 19, Issue 7
Defendant confronted his ex-wife in the parking lot of a Walgreens drug store in Gretna, forced her into her car while armed with a handgun, drove her to Mississippi, and returned to Gretna, where s... view full summary
397.20 year DWI sentence reinstated.
State v. Mervin Patrick White, 2010-K-1799 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
A state trooper found defendant slumped over the wheel of his truck on the Westbank Expressway in Gretna. The truck was running and in gear, but not moving forward because defendant's foot was press... view full summary
398.State's notice of intent to invoke firearms enhancement encompassed charged offense and responsive verdict.
State v. Donald J. Aaron, 2011-K-0307 (La. 06/24/11) [3 pp.]
From LSCR Volume 19, Issue 6
Defendant was charged with manslaughter after he shot a man who had parked in defendant's driveway. Defendant claimed the man had threatened to kill him. Before trial, the State expres... view full summary
399.Officer had probable cause to conduct warrantless vehicle search.
State v. Derrick Kirton, 2011-KK-1201 (La. 06/24/11) [4 pp.]
From LSCR Volume 19, Issue 6
Defendant was parked at a fast-food store, a location known for drug transactions. She repeatedly used her cell phone and looked about anxiously. She then drove 1? blocks away and pulled behind a pa... view full summary
400.State had power to file second bill of information after continuance was denied.
State v. Alvin King, 2010-K-2638 (La. 05/06/11) [10 pp.]
From LSCR Volume 19, Issue 5
Defendant was charged with issuing worthless checks by a bill of information filed in March 2008. Trial was scheduled for March 23, 2009. On that date, the State moved for a continuance because it ... view full summary
401.Gun under driver's thigh could be basis of passenger's firearms charge.
State v. Mark Rainey, 2011-KK-0569 (La. 05/06/11) [2 pp.]
From LSCR Volume 19, Issue 5
Defendant was a passenger in a vehicle during a traffic stop. Police witnessed him abruptly move his arm from the driver to the passenger side of the car. A firearm was found under the driver's righ... view full summary
402.In 25-year-old direct appeal of death sentence, Court remands for evidentiary hearing on claim of ineffective assistance during penalty phase.
State v. Thomas Sparks Jr. a/k/a Abdullah Hakim El-Mumit, 1988-KA-0017 (La. 05/10/11) [93 pp.]
From LSCR Volume 19, Issue 5
In 1984, defendant robbed a bank in New Orleans. The next day, he was driving from Amite to Hammond when he observed a marked police car behind him. He pulled into the parking lot of a restaurant, a... view full summary
403.Disqualification of prosecutor not justified.
State v. Brett Ward, 2011-KK-0438 (La. 04/25/11) [2 pp.]
From LSCR Volume 19, Issue 4

          The assistant attorney general prosecuting this case interviewed the victim on one occasion without an investigator present. Defendant... view full summary
404.Marijuana seizure justified by plain view exception to warrant requirement.
State v. Matthew Arnold, 2011-KK-0626 (La. 04/27/11) [2 pp.]
From LSCR Volume 19, Issue 4

          After arresting defendant for a traffic violation, an officer entered defendant's vehicle to secure it by rolling up the windows and t... view full summary
405.Police conduct justified; automobile inventory search upheld.
State v. Sandra Welch, 2011-KK-0274, (04/29/11) [2 pp.]
From LSCR Volume 19, Issue 4

          Defendant's husband was arrested for possession of methamphetamine and freely offered statements implicating defendant, who had fled. ... view full summary
406.Use of handcuffs did not transform investigatory stop into arrest.
State v. Anthony Baudoin, 2010-KK-2868 (La. 03/04/11) [3 pp.]
From LSCR Volume 19, Issue 3

          New Orleans police officers received a tip that three men sitting in a park resembled homicide suspects in a Crime Stop... view full summary
407.No Brady violation shown.
State v. Michael Anderson, 2011-KK-0189 (La. 03/04/11) [2 pp.]
From LSCR Volume 19, Issue 3

          In this brief opinion, the Court vacated the Fourth Circuit's order that the district court hold an evidentiary hearing as to whether ... view full summary
408.Defendant's flight was factor justifying stop in low-crime area.
State v. Johnny Morgan, 2009-KK-2352 (La. 03/13/11) [17 pp.]
From LSCR Volume 19, Issue 3

          Sergeant Greg Brown of the Baker Police Department was patrolling Groom Road at approximately 1:45 a.m. when he observed defendant in ... view full summary
409.Code of Governmental Ethics violation could be basis for malfeasance in office.
State v. Michael Petitto, 2010-K-0581 (La. 03/13/11) [20 pp.]
From LSCR Volume 19, Issue 3

          Defendant, an elected member of the Tangipahoa Parish Council, was indicted on two counts of malfeasance in office, in violation ... view full summary
410.False swearing statute does not require statement made under oath.
State v. James Deron Williams, 2010-KK-1514 (La. 03/15/11) [9 pp.]
From LSCR Volume 19, Issue 3

          Defendant was involved in a fight at a service station in Zwolle, Louisiana. An off-duty Wildlife and Fisheries agent broke up the fig... view full summary
411.Defendant could introduce evidence of mental retardation without limiting instruction.
State v. Isaiah Doyle, 2011-KK-597 (La. 03/23/11) [2 pp.]
From LSCR Volume 19, Issue 3

          The Fifth Circuit ruled that defendant could introduce evidence of mental retardation or diminished capacity at the guilt stage of tr... view full summary
412.No right to appointed counsel in discretionary review of traffic and petty misdemeanor convictions.
State v. Vincent M. Castillo, 2009-KK-1358 (La. 01/28/11) [13 pp.]
From LSCR Volume 19, Issue 2

          Defendant was charged in First Parish Court for the Parish of Jefferson with speeding, driving with a suspended license, and driving w... view full summary
413.Application for post-conviction relief not untimely.
State Ex. Rel. Leighton Hills v. State, 2010-KH-0168 (La. 02/11/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Petitioner filed an application for post-conviction relief, which the First Circuit dismissed as untimely based on the tim... view full summary
414.No double jeopardy violation as to manslaughter and simple burglary convictions.
State v. Daniel L. Pegues, 2010-K-1626 (La. 02/18/11) [9 pp.]
From LSCR Volume 19, Issue 2

          In 2007 an off-duty deputy with the Calcasieu Parish Sheriff's Office was shot several times and killed while investigating a burglary... view full summary
415.Officers had probable cause to arrest vehicle passenger for drug offense.
State v. Shelvin Smith, 2011-KK-0312 (La. 02/21/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was arrested for a drug related offense after police observed a vehicle apparently trolling for drug buyers in hotel parking... view full summary
416.Court allowed evidence of prior unadjudicated juvenile act of attempted rape.
State v. Theo George, 2011-KK-0325 (La. 02/23/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was charged with forcible rape. He had committed a prior unadjudicated juvenile offense of attempted forcible rape. Defendan... view full summary
417.District Court erred in finding no probable cause for arrest.
State v. Jason Dauzart, 2010-KK-2867 (La. 01/03/11) [1 p.]
From LSCR Volume 19, Issue 1

          Defendant was arrested for possession of a firearm as a convicted felon. The district court found no probable cause for arrest and gra... view full summary
418.Indigent defendant entitled to ex parte hearing on request for expert funds.
State v. Robert Carley, 2010-KD-2768 (La. 01/07/11) [1 p.]
From LSCR Volume 19, Issue 1

          An indigent defendant requested governmental funding to secure an expert. Defendant argued that he would be prejudiced by disclosing h... view full summary
419.Armed robbery of about $10 results in 99-year sentence for 4th offender.
State v. Edward Charles Jackson, 2009-K-2406 (La. 01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1

          Defendant was charged with armed robbery and possession of a firearm by a convicted felon. Evidence at his bench trial s... view full summary
420.Contractor fraud results in unauthorized use of movable conviction.
State v. Grady N. Greene, 2009-K-2723 (La. 01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1

          Defendant, a self-described contractor, came to New Orleans in March 2006 to take advantage of reconstruction opportunities following ... view full summary
421.Evidence suppressed where police entered house that was not abandoned.
State v. Ruben Carter, 10-KK-1340 (La. 01/19/11) [7 pp.]
From LSCR Volume 19, Issue 1

          Responding to a call from a concerned citizen, police officers were directed to 4234 St. Anthony Avenue in New Orleans. According ... view full summary
422.In camera interview of witnesses by district court improper.
State v. Sullivan Harper and Bernard Harper, 2010-KK-356 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
Defendants were involved in a shoot out in front of the Famous Door Lounge in the French Quarter and charged with attempted first degree murder. Through discovery, defendants sought the correct addr... view full summary
423.Convictions and sentences upheld in death penalty case.
State v. Anthony Bell, 2009-KA-0199 (La. 11/30/10) [43 pp.]
From LSCR Volume 18, Issue 12
Defendant was indicted with the first degree murders of his wife, Erica Bell, and 4 of her relatives, as well as the attempted first-degree murder of Claudia Brown, Erica's mother. Prior... view full summary
424.Ineffective assistance claim not waived by guilty plea.
State v. John W. West, 09-KH-2810 (La. 12/10/10) [2 pp.]
From LSCR Volume 18, Issue 12
Defendant pled guilty to charges against him after consulting with his attorney. He later sought post- conviction relief from the district court, arguing ineffective assistance of counsel. The distr... view full summary
425.Non-capital offenses joined with capital offense acquired time limit of capital offense.
State v. Terry L. Clarkson, 2010-KK-1625 (La. 10/29/10) [2 pp.]
From LSCR Volume 18, Issue 11

          In a November 2007 grand jury indictment against defendant, the State joined a capital charge of first-degree murder with 5 other coun... view full summary
426.No abuse of discretion where application for post-conviction relief was dismissed without a hearing.
State v. Henrietta Williams, 2009-KP-2832 (La. 11/12/10) [1 p.]
From LSCR Volume 18, Issue 11

          Defendant applied for post-conviction relief, and the district court dismissed the application without a hearing. On appeal, the Third... view full summary
427.Probable cause existed where defendant had no prescription for pills.
State v. Jermaine Page, 2010-KK-2522 (La. 11/12/10) [1 p.]
From LSCR Volume 18, Issue 11

          Defendant was arrested when an officer determined that pills in defendant's possession were not over-the-counter medications and that ... view full summary
428.Revisions to Code Crim. P. art. 648 applied retroactively: defendants remanded to the custody of Department of Health and Hospitals.
State v. Anthony Morgan, 2010-KK-1728 (La. 11/19//20) [2 pp.]
From LSCR Volume 18, Issue 11

          Defendants are 6 individuals, each charged with criminal offenses in the Criminal District Court for the Parish of Orleans between... view full summary
429.Defendant not entitled to new trial although victim testified by closed-circuit t.v.
State v. Terri Cox, 2010-KK-2072 (La. 11/19/10) [2 pp.]
From LSCR Volume 18, Issue 11

          Defendant was charged with the aggravated rape of a 5-year-old girl. The district court allowed the victim to testify at trial via clo... view full summary
430.Voluntary inculpatory statements should not have been suppressed.
State v. Arlyn Square, 2010-KK-2414 (La. 11/03/10) [2 pp.]
From LSCR Volume 18, Issue 11

          Defendant "blurted out" inculpatory statements, which he later moved to suppress. The district court suppressed the statements. The Co... view full summary
431.D.A. could change order of cases on priority list.
State v. Michael Chapman, 2010-KK-1510 (La. 10/29/10) [3 pp.]
From LSCR Volume 18, Issue 11

          In accord with the protocol of the Ouachita Parish D.A.'s office, the State furnished its priority list to defendant 3 weeks before hi... view full summary
432.Grant of new trial under La. Code Crim. P. art. 851(5) reviewable on appeal.
State v. Vedo Guillory, 2010-KK-1231 (La. 10/08/10) [10 pp.]
From LSCR Volume 18, Issue 10

          After a jury trial, defendant was convicted of 2 counts of aggravated rape and 1 count of aggravated incest. He moved for a new trial ... view full summary
433.Errors at habitual offender adjudication not a basis for post-conviction relief.
State v. Ranji Cotton, 2009-KP-2397 (La. 10/15/10) [2 pp.]
From LSCR Volume 18, Issue 10

          Defendant filed an application for post-conviction relief, claiming that he received ineffective assistance of counsel at h... view full summary
434.Refusal to issue subpoena duces tecum for prison record upheld.
State v. Wilbert Marcelin, 2010-KK-2036 (La. 10/15/10) [3 pp.]
From LSCR Volume 18, Issue 10

          In this criminal matter, defendant requested that the district court issue a subpoena duces tecum directing the Criminal Sheriff of Or... view full summary
435.Cell phone chargers are prohibited contraband in jail.
State v. Larry Cager, 2010-KK-2063 (La. 10/15/10) [1 p.]
From LSCR Volume 18, Issue 10

          Recent amendments to La. R.S. Section 14:1402(E)(7) clarified that cellular telephone chargers as well as cellular phones fall under t... view full summary
436.Aggravated burglary committed when defendant bit apprehender outside of house in attempt to escape.
State v. Ronnie Joe Brooks, Jr., 2009-K-2323 (La. 10/19/10) [8 pp.]
From LSCR Volume 18, Issue 10

          On June 13, 2007, Joseph Daniel Smart drove by the home of his girlfriend and called the Arcadia Police Department when he noticed the... view full summary
437.30-year manslaughter sentence not excessive where conduct met requirements for second degree murder.
State v. Larry N. Lewis, Jr., 2009-KP-1404 (La. 10/22/10) [13 pp.]
From LSCR Volume 18, Issue 10

          In March 2005, defendant, then 16-years-old, gathered with 3 other students from his school at a bus stop in Jefferson Parish afte... view full summary
438.Evidence of prior cocaine sales deemed relevant and admissible.
State v. Terrence Roshun Scott, 2009-K-1658 (La. 10/22/10) [14 pp.]
From LSCR Volume 18, Issue 10

          In March and April 2007, a combined task force of the Slidell Police Department and the St. Tammany Parish Sheriff's O... view full summary
439.Convictions and sentences reinstated in juvenile cruelty case.
State v. Alton Lane Strother, 2009-K-2357 (La. 10/22/10) [19 pp.]
From LSCR Volume 18, Issue 10

          On February 2, 2007, Effie LeBleu appeared at Cabrini Hospital in Glenmora, Louisiana, with her 8-month-old daughter. Examination of ... view full summary
440.Co-defendants confession after serving sentence could not be basis for defendant's post-conviction relief.
State of Louisiana v. Mark Singer, 2009-KP-2167 (La. 10/01/10) [2 pp.]
From LSCR Volume 18, Issue 9
Defendant filed an application for post-conviction relief based on the fact that his co-defendant had confessed to committing the crime for which defendant had been convicted. The confession occurre... view full summary
441.Evidence of severed drug charge allowed in prosecution of firearms charge.
State of Louisiana v. James Jackson, 2010-KK-1960 (La. 08/24/10) [1 p.]
From LSCR Volume 18, Issue 8
Defendant was charged in Orleans Parish by bill of information with 2 counts: felon in possession of a firearm and illegal simultaneous possession of guns and drugs. The district court severed the 2... view full summary
442.Death sentence upheld for heinous murder.
State v. Dustin Dressner, 2008-KA-1366 (La. 07/06/10) [54 pp.]
From LSCR Volume 18, Issue 7
          A jury convicted and sentenced defendant to death for the first-degree murder of Paul Fasullo. Evidence at trial revealed defendant spent th... view full summary
443.Probable cause existed for public intoxication arrest.
State v. Thomas Wells, 2008-K-2262 (La. 07/06/10) [29 pp.]
From LSCR Volume 18, Issue 7
          On March 3, 2007, NOPD Officer Parker noticed defendant staggering along the sidewalk on North Galvez Street near Canal Street. Defendant ap... view full summary
444.Inventory search of pill bottle was reasonable.
State v. Porfirio Escoto, 2009-KK-2581 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On December 26, 2008, Covington Police Department officers stopped defendant for speeding on Highway 190. He was unable to produce a valid d... view full summary
445.Maximum sentence upheld for vehicular homicide.
State v. Marlyn A. LeBlanc, 2009-K-1355 (La. 07/06/10) [14 pp.]
From LSCR Volume 18, Issue 7
          In the early evening of April 21, 2007, Michael Hardy; his wife, Genevieve; and their children, Kyle and Cristi, were traveling southbound o... view full summary
446.Probable cause existed to search closed containers in car.
State v. August Jackson, 2009-KK-1983 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On November 11, 2008, NOPD officers stopped a vehicle for traffic violations. Moments before the car was pulled over, Officer McIver saw def... view full summary
447.Post-conviction claims may fit exception to time limit.
State v. Antoine Williams, 2009-KH-1750 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6
Article 930.8 of the Louisiana Code of Criminal Procedure provides that applications for post- conviction relief must be filed within 2 years of the time that a defendant's judgment of conviction bec... view full summary
448.Termination of probation was improper.
State v. Fouad Zeton, 2009-KP-1683 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6
In this case, the district court granted defendant's motion to terminate his 3-year term of probation before defendant had completed state supervision on his executory term of imprisonment and before... view full summary
449.Defendant was not detained during consensual search of residence.
State v. Reginald Aites, 2010-KK-0667 (La. 05/28/10) [3 pp.]
From LSCR Volume 18, Issue 6
On June 11, 2009, a Port Allen home was burglarized. Items stolen included a Belgium shotgun. Later that evening, the Chief of Police received an anonymous tip, telling him that he would find 2 young... view full summary
450.Defendant entitled to transcript of voir dire for post-conviction claim.
State v. Albert Bernard, 2009-KH-1552 (06/04/10) [1 p.]
From LSCR Volume 18, Issue 6
In this brief opinion, the Court granted defendant's application for a supervisory writ in part. It explained that defendant had identified with reasonable specificity that his constitutional claims ... view full summary
451.Motion to suppress denied where officers inevitably would have discoveredcontraband by lawful means.
State v. Israel Flores, 2010-KK-0960 (La. 06/18/10) [3 pp.]
From LSCR Volume 18, Issue 6
A confidential informant and a co-defendant informed a surveillance team that 30 pounds of marijuana were inside the residence at 5330 Venus Street in New Orleans. This information was conveyedto off... view full summary
452.On rehearing, Court rejects argument that 2 justices should have recusedthemselves.
State v. Lawrence Jacobs, 2009-K-1304 (La. 06/18/10) [3 pp.]
From LSCR Volume 18, Issue 6
The Court granted rehearing in part as to its decision of April 5, 2010, reported in the April 2010 issue of Louisiana Supreme Court Reports. Defendant originally was convicted of first degree murder... view full summary
453.Court deems prosecution timely.
State v. Toney D. Baptiste, No. 2008-K-2468 (La. 06/23/10) [2 pp.]
From LSCR Volume 18, Issue 6
On June 19, 2004, Plaquemines Parish issued an arrest warrant for defendant in the instant matter. Subsequently, defendant was incarcerated in St. Charles Parish on December 30, 2004, for a probation... view full summary
454.Restitution order upheld in animal cruelty case.
State v. Janis Walder, 2009-K-2224 (La. 4/30/10) [2 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of 123 counts of cruelty to animals in violation of La. R.S. Section 14:102.1. As a condition of probation, the district court ordered defendant to pay restitution,including c... view full summary
455.Pending felony charge prohibited expungement of misdemeanor conviction.
State v. Gregory Carmen, 2009-K-1213 (La. 05/07/10) [1 p.]
From LSCR Volume 18, Issue 5
The district court set aside defendant's misdemeanor conviction and expunged his record after he successfully completed a period of probation under La. Code Crim. P. art. 894. The FirstCircuit affirm... view full summary
456."Plain smell" exception provides probable cause to search vehicle.
State v. Jamal Allen, 2010-KK-1016 (La. 05/07/10) [2 pp.]
From LSCR Volume 18, Issue 5
After officers lawfully stopped defendant's vehicle, they smelled the odor of marijuana emanating from the vehicle and observed the burnt ends of apparent marijuana cigarettes on theconsole of the ve... view full summary
457.Officer acted reasonably in entering one side of double residence whenresident of other side described defendant as armed trespasser selling drugs.
State v. Bruce Brown, 2009-KK-2456 (La. 05/11/10) [11 pp]
From LSCR Volume 18, Issue 5
. In April 2009, Officer Robert Barrere of the N.O.P.D. responded to a call from a concerned citizen. Officer Barrere arrived at 719-21 Philip Street and met the complainant, Patrina Brown, wholived o... view full summary
458.Conviction and death sentence affirmed for second time: defendant cannotmake suppression claim on appeal that was not made in district court motionto suppress.
State v. Jesse Jay Mentejo, 2006-KA-1807 (La. 05/11/10) [44 pp.]
From LSCR Volume 18, Issue 5
Defendant was convicted of the first degree murder of Lewis Ferrari and sentenced to death by a St. Tammany Parish jury in 2005. In an earlier decision, the Court affirmed the conviction andsentence.... view full summary
459.Court finds no error in district court's Atkins ruling that defendant is notmentally retarded and affirms death sentence.
State v. James Dunn, 2001-KA-1635 (05/11/10) [41 pp.]
From LSCR Volume 18, Issue 5
Defendant was found guilty of first degree murder for the 1998 killings of Jacqueline Guillot Blanchard and Lisa Ann Dupuis in Napoleonville. Defendant and his 2 accomplices robbed theIberville Bank,... view full summary
460.Police instruction to defendant to remove his hands from his pockets did notconstitute seizure for purposes of Fourth Amendment.
State v. Richard Hamilton, 2009-KK-2205 (La. 05/11/10) [8 pp.]
From LSCR Volume 18, Issue 5
While monitoring an area of Claiborne Avenue that had seen a recent spike in batteries and robberies, N.O.P.D. officers Alex Brady and Thomas Clark saw defendant walk back and forth infront of a conv... view full summary
461.Uncle by marriage could be offender under aggravated incest statute.
State v. David Gilbert Ardoin, 2009-K-0578 (La. 05/11/10) [6 pp.]
From LSCR Volume 18, Issue 5
Pursuant to La. R.S. Section 14:78.1, defendant was found guilty of aggravated incest as a result of his sexual abuse of M.C., a 7 year old girl. M.C. had lived with defendant and his wife, Trina,sin... view full summary
462.District court judge ordered to testify at hearing on motion to recuse.
State v. Rogers LaCaze, 2009-KD-2472 (La. 05/12/10) [2 pp.]
From LSCR Volume 18, Issue 5
In the Criminal District Court for the Parish of Orleans, defendant filed a motion to recuse Judge Marullo from presiding over post-conviction relief proceedings. Judge White ordered JudgeMarullo to ... view full summary
463.Joint trial ordered for jointly indicted defendants.
State v. Edward Allen, 2010-KK-1134 (La. 05/19/10) [1 p.]
From LSCR Volume 18, Issue 5
The Court exercised its supervisory jurisdiction in this case emanating from Orleans Parish. In a one sentence opinion, citing La. Code Crim. P. art. 704, the Court concluded that the case didnot pre... view full summary
464.In separate cases, Court denies motions to bifurcate Atkins claims fromclaims for post-conviction relief.
State Ex Rel Quincy Broaden v. Burl Cain, 2010-KP-0144 (La. 04/01/10) [2 pp.]
From LSCR Volume 18, Issue 4
After his conviction for first degree murder and death sentence were affirmed, defendant filed claims for post-conviction relief and a claim that he was mentally retarded and, thus, exempt from capit... view full summary
465.Batson challenges rejected by Court in light of recent U.S. Supreme Courtdecision.
State v. Lawrence Jacobs, 2009-K-1304 (La. 04/05/10) [17 pp.]
From LSCR Volume 18, Issue 4

          After a second trial, defendant was convicted of 2 counts of second degree murder and sentenced to 2 consecutive life sentences. He appe... view full summary
466.Expert testimony on eyewitness identifications remains inadmissible.
State v. Tracey Young, 2009-KK-1177 (La. 04/05/10) [19 pp.]
From LSCR Volume 18, Issue 4

          An East Baton Rouge grand jury indicted defendant for first degree murder. The victim died of gunshot wounds inflicted in a restaurant p... view full summary
467.District court acted beyond its authority in prohibiting diminution ofsentence.
State v. Robert Elijah Lamar Mincey, 2009-KO-1743 (La. 04/05/10) [1 pp.]
From LSCR Volume 18, Issue 4
In sentencing defendant, the district court included a prohibition on diminution of sentence pursuant to La. R.S. Section 15:571.3(C)(1)(c).
         ... view full summary
468.Defendant's failure to state "I plead guilty" did not render guilty pleainvalid.
State v. Cynthia Holden, 2009-K-1714 (La. 04/09/10) [3 pp.]
From LSCR Volume 18, Issue 4
At issue in this case was the validity of plaintiff's guilty plea. In the district court, plaintiff acknowledged that she would "have to take the ten" years offered to her on a guilty plea to theft a... view full summary
469.Defendant entitled to appeal conviction and sentence as habitual offender.
State v. Bryan Means, 2009-OK-1716 (La. 04/09/10) [2 pp.]
From LSCR Volume 18, Issue 4
Following sentencing, defense counsel remarked in open court about defendant's "desire to proceed forward to reconsideration [of sentence] and appeal as quickly as possible as he has been incarcerate... view full summary
470.Case remanded for prosecutor's articulation of race-neutral reasons for theexercise of peremptory challenges
State v. Eric T. Maxwell, 2009-K-2235 (La. 04/16/10) [2 pp.]
From LSCR Volume 18, Issue 4
In the district court, defendant challenged the State's use of 8 peremptory challenges against African- American venire persons under Batson v. Kentucky, 476 U.S. 79 (1986). The district court ruled ... view full summary
471.Guilty plea that had been set aside could not be considered in habitualoffender adjudication.
State v. Kenneth Singleton, 2009-KP-1269 (La. 04/23/10) [2 pp.]
From LSCR Volume 18, Issue 4
In 1995, in a previous case, defendant pled guilty to criminal charges. The district court set aside the plea in 2007, and the State did not seek review of that ruling. Several months later, the Stat... view full summary
472.Consensual encounter with police officer does not rise to the level of a seizure or even an investigatory stop.
State v. Christina Herrera, 2009-KK-1783 (La. 12/18/09) [2 pp.]
From LSCR Volume 18, Issue 1
Defendant had walked toward a police officer on a train station platform. The officer identified himself, displayed his badge, and asked defendant if she would voluntarily speak with him. She free... view full summary
473.Release from prison effectively corrected illegal condition of sentence.
State v. Ronald Carlisle, 2009-KP-0474 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Pursuant to a plea bargain, defendant was sentenced to a term of incarceration exceeding 60 days. Contrary to the Court's holding in State v. Mayeaux, 01-3195 (La. 6/21/02), 820 So.2d 526, defenda... view full summary
474.Brady claim fails because evidence allegedly withheld could not satisfy materiality standard.
State v. Emile Matthews, 2009-KP-493 (La. 12/18/09) [1 p.]
From LSCR Volume 18, Issue 1
Relying on Brady v. Maryland, 373 U.S. 83 (1962), defendant alleged that the State did not turn over a statement in which a witness purportedly identified another person as the shooter in a robber... view full summary
475.General motion to suppress "all items" is insufficient; defendant must move to suppress specific items.
State v. Lawson Wilder, 2009-KK-2322 (La. 12/18/09) [3 pp.]
From LSCR Volume 18, Issue 1
Defendant was charged with driving while intoxicated first offense. He filed a motion to suppress "all oral and/or recorded and/or written inculpatory statements made by Defendant" as well as "[a]... view full summary
476.A general denial and general factual assertions do not meet the requirements for a Notice of Claim by an owner of seized property under Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989.
State v. 2003 Infiniti G35, 2009-CC-1193 (La. 01/20/10) [19 pp.]
From LSCR Volume 18, Issue 1
In April 2008 the Lafourche Parish Drug Task Force (Task Force) seized a 2003 Infiniti G35 from defendant Kristofor Rebstock. Through surveillance of defendant's residence for several months, unde... view full summary
477.Writ granted and case remanded for consideration of possible Brady violation.
State v. Duncan, 2008-KP-2244 (La. 01/22/10) [2 pp.]
From LSCR Volume 18, Issue 1
The district court denied defendant's post-conviction application as time-barred under La. Code. Crim. P. art. 930.8(A).
          The Court g... view full summary
478.Probable cause determination must occur within 48 hours of arrest, or the prisoner must be released.
State v. Bruce Wallace, 2009-KK-1621 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12
          Defendant Wallace was arrested at 12:04 p.m., June 8, 2009, without a warrant, for possession of cocaine. La.R.S. S 40:967(C)(2). Defendant ... view full summary
479.Terry stop allows officer to search suspect, if suspect is seen hiding an object on his person.
State v. Eric Dushon Guillory, 2009-KK-1350 (La. 11/20/09) [7 pp.]
From LSCR Volume 17, Issue 12
          Officer Todd Chaddick was investigating a complaint about increased drug and gang activity in a particular area of Lake Charles, Louisiana. ... view full summary
480.Making threats to assistant D.A. constitutes public intimidation.
State v. Mason Godfrey, 2009-K-0630 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
          Following an incident in the 14th Judicial District Court involving Assistant District Attorney Paul Reggie, the State charged defendant Mas... view full summary
481.Traffic stop allows search of vehicle incident to arrest.
State v. Milton Hunt, 2009-KK-1589 (La. 12/01/09) [14 pp.]
From LSCR Volume 17, Issue 12
          On the night of November 12, 2008, defendant Hunt was pulled over on a traffic stop by officer Corey Himel of the New Orleans Police Departm... view full summary
482.Payment of fine in satisfaction of criminal sentence renders appeal moot.
State v. Justin Malone, 2008-KP-2253 (La. 12/01/09) [22 pp.]
From LSCR Volume 17, Issue 12
          Defendant Malone was charged with the misdemeanor of simple battery, La.R.S. Section 14:35, following a fight which occurred in February, 20... view full summary
483.Recess, rather than mistrial, was sufficient for defense to prepare for newly-disclosed medical evidence.
State v. Carter, 09-KK-2345 (La. 10/28/09) [2 pp.]
From LSCR Volume 17, Issue 11
          Defendant Carter was charged with the crime of aggravated battery in violation of La.R.S. Section 14:34, i.e., with the "intentional use of ... view full summary
484.Capital defendant may constitutionally waive appeal; capital appeal dismissed; affirmed.
State v. Gerald Bordelon 07-KA-0525 (La. 10/16/2009]
From LSCR Volume 17, Issue 10
          The question presented is whether, to what extent, and under what circumstances, a defendant may waive appellate review of his capital convi... view full summary
485.Contempt of court judgment reversed; supervisory writ granted.
State v. Marcelin, In re: Meghan Garvey, 09-KD-1825 (La. 10/16/09) [3 pp.]
From LSCR Volume 17, Issue 10
          Relator, attorney Meghan Garvey, was found in criminal contempt of court for violation of the district court's order governing the questioni... view full summary
486.Defendant liable for co-conspirator's use of firearm, even if defendant did not know gun existed.
State v. Ryan Marie Smith, 2007-K-2028 (La. 10/20/09) [16 pp.]
From LSCR Volume 17, Issue 10
          The State charged defendant and Raul Jorge Castro by bill of information with armed robbery in violation of La.R.S. S 14:64. The cases were ... view full summary
487.Capital conviction affirmed.
State v. Williams, 2007-KA-1407 (La. 10/20/09) [50 pp.]
From LSCR Volume 17, Issue 10
          Defendant Williams appeals his conviction of murder and sentence of death. Williams was caught shoplifting at a Wal-Mart, when he was accost... view full summary
488.Cumulative evidence witnessed by different detectives provided probable cause to search vehicle.
State v. Randy Pratt, 08-KK-1819 (La. 09/04/2009) [4 pp.]
From LSCR Volume 17, Issue 9
          The State sought review of a district court order suppressing evidence. Police Detective Roccoforte observed an apparent exchange conducted ... view full summary
489.Failure to advise the defendant of the time limit for post-conviction application does not grant the defendant more time to file.
State v. Sherrod Brumfield, 09-KP-1084 (La. 9/2/09) [2 pp.]
From LSCR Volume 17, Issue 9
          Respondent, Sherrod Brumfield, entered guilty pleas, was convicted, and was sentenced as a habitual offender in 1999. In June, 2007, the dis... view full summary
490.Having defendants fill out questionnaires at their place of business did not violate Miranda.
State v. Carlton Charles and Gwendolyn Charles, 09-KK-0433 (La.09/04/09)[4 pp.]
From LSCR Volume 17, Issue 9
          Action was brought against defendants the Charleses for misrepresentations allegedly made by them in written applications for a video poker ... view full summary
491.Use of handcuffs did not transform investigatory stop into an arrest.
State v. Palmer, 2009-KK-0044 (La. 7-1-09) [11 pp.]
From LSCR Volume 17, Issue 8
          Charged by bill of information with possession of a Schedule III controlled substance with intent to distribute, La.R.S. Section 40:968(A), ... view full summary
492.Accomplice" instruction unnecessary if testimony is corroborated.
State v. Hollins, 2008-K-1033 (La. 6/26/09) [9 pp.]
From LSCR Volume 17, Issue 7
          Defendant Hollins and his friend Jonathan Fields were in Hollins's car when they were pulled over by Officer Dwayne Wheeler for not wearing ... view full summary
493.Influence of mind-altering substance cannot supply defense of insanity, but may negate specific intent.
State v. Kirk Williams, 2009-KK-1056 (La. 5/13/090 [1 p.]
From LSCR Volume 17, Issue 6
          Writ granted in part: Defense expert Dr. Deland may not give her opinion that defendant was actively psychotic because of the influence of a... view full summary
494.District court properly managed an underfunded indigent defender "morass"; capital conviction affirmed.
State v. Reeves, 2006-KA-2419 (La. 5/5/09) [90 pp.]
From LSCR Volume 17, Issue 6

          Defendant Reeves was charged with the rape and murder of a 4-year-old girl. He was convicted and sentenced to death, based upon a mounta... view full summary
495.Louisiana's "three-right" Boykin rule does not apply to guilty pleas entered in another state.
State v. Roberto Balsano, 2009-KK-0735 (La. 6/19/09) [16 pp.]
From LSCR Volume 17, Issue 6
          The State charged defendant with a violation of La.R.S. Section 14:98, operating a vehicle while intoxicated, fourth offense, on the basis o... view full summary
496.State may not retrieve medical or pharmaceutical records without a warrant.
State v. Skinner, 2008-KK-2522 (La. 5/5/09) [11 pp.]
From LSCR Volume 17, Issue 5
          Defendant was charged by bill of information with violating La.R.S. S 40:971(B)(1)(i), which prohibits obtaining a prescription for a contro... view full summary
497.Rules of evidence not applicable in hearing of motion to suppress.
State v. Shirley, 2008-KK-2106 (La. 5/5/09) [15 pp.]
From LSCR Volume 17, Issue 5
          Defendant Rachel Shirley, a minor, ran a stop sign and flipped her vehicle in a one-car accident. Defendant's passenger died as a result of ... view full summary
498.Ineffective assistance claim cannot be based upon counsel's failure to adduce false testimony.
State v. Woodard, 2008-K-0606 (La. 5/5/09) [14 pp.]
From LSCR Volume 17, Issue 5
          Defendant Woodard appeals the denial of his motion for new trial based on ineffective assistance of counsel. Police responded to a call from... view full summary
499.Constitution does not require a unanimous jury.
State v. Bertrand c/w State v. Chretien, 2008-KA-2215 (La. 3/17/09) [13 pp.]
From LSCR Volume 17, Issue 3
          Defendants Bertrand and Chretien were each indicted, at separate times and for separate offenses, with felonies punishable by confinement at... view full summary
500.Defendant entitled to hearing as to whether sentence imposed complies with plea agreement.
State v. Byron Morgan, 08-KH-1082 (La. 3/4/09) [2 pp.]
From LSCR Volume 17, Issue 3
          Writ granted in part: "The district court is ordered to appoint counsel for relator and hold a hearing at which it will determine the terms,... view full summary
501.Conviction of possession of stolen things renders robbery conviction double jeopardy.
State ex rel. Bradley v. State of Louisiana, 08-KH-0346 (2/13/09) [2 pp.]
From LSCR Volume 17, Issue 3
          "Writ granted in part. Because relator's prior misdemeanor conviction in the Baker Municipal Court for illegal possession of stolen things i... view full summary
502.State striking 8 of 10 black jurors creates prima facie violation of Batson.
State v. Shawn Drake, 08-K-1194 (La. 1/30/09) [2 pp.]
From LSCR Volume 17, Issue 3
          Defendant entered a challenge, under Batson v. Kentucky, to the State's use of peremptory challenges against black jurors. The State exclude... view full summary
503.Illegal seizure of handgun did not require exclusion of gun as evidence.
State v. Brandon White, 01-KK-1002 (La. 1/21/09) [10 pp.]
From LSCR Volume 17, Issue 3
          Police Officers Stamps and Williams, conducting a routine patrol, observed a moving car whose windows were so heavily tinted that the police... view full summary
504.Plea agreement provisions that violate state law vitiate the agreement.
State ex rel. Charles Williams v. State, 08-KH-1059 (La. 2/6/09) [1 p.]
From LSCR Volume 17, Issue 3
          Pursuant to a plea agreement, the district court suspended relator's sentence for manslaughter and placed him on probation. The court of app... view full summary
505.State's going to trial on only one count operates as an acquittal of joined, untried counts.
State v. Ricardo C. Stevenson, 08-KO-0885 (La. 1/16/09) [9 pp.]
From LSCR Volume 17, Issue 2
          Defendant was charged in a single bill of information with violations of La.R.S. SS 14:95.1 (felon in possession of a firearm), and 14:67.10... view full summary
506.Intentionally driving against traffic is aggravated obstruction of highway.
State v. Cox, 2008-K-0492 (La. 1/21/09) [11 pp.]
From LSCR Volume 17, Issue 2
          The State appeals the reversal of a conviction of manslaughter (La.R.S. S 14:31) and aggravated obstruction of a highway of commerce (La.R.S... view full summary
507.Totality of circumstances supports conviction for possession of stolen things.
State v. Karen Marie Calloway, 07-K-2306 (La. 1/21/09) [19 pp.]
From LSCR Volume 17, Issue 2
          In August 2005, Defendant Karen Calloway, her son, Demond Calloway, and other family members lived in Marrero, Louisiana. In the immediate a... view full summary
508.Medical evidence of Fetal Alcohol Syndrome admitted at trial; capital conviction affirmed.
State v. Brandy Holmes, 06-KA-2988 (La. 12/2/08) [112 pp.]
From LSCR Volume 17, Issue 1
          This appears to be the first instance in Louisiana of the admission of medical evidence of Fetal Alcohol Syndrome in a capital case. The def... view full summary
509.DWI conviction does not require proof of the substance causing the intoxication.
State v. John J. Kestle, 2007-K-1573 (La. 12/2/08) [15 pp.]
From LSCR Volume 16, Issue 12
          Trooper Wayne Coates with the Louisiana State Police was dispatched to the scene of an accident on Interstate 10. The trooper found a truck ... view full summary
510.Prior finding of incompetency does not shift the burden from defendant in subsequent hearing.
State v. Gibson, 08-K-0741 (La. 11/10/08) [10 pp.]
From LSCR Volume 16, Issue 11
          The State charged defendant by bill of information with aggravated assault on a police officer, La.R.S. S 14:37.2. On two occasions, in Febr... view full summary
511.Nervousness upon seeing police creates reasonable suspicion.
State v. Chanh Huynh 08-KK-1628 (La. 11/10/08) [4 pp.]
From LSCR Volume 16, Issue 11
          The State seeks review of an order suppressing evidence. Called to the scene of a fight, the police officer testified that he observed defen... view full summary
512.Death penalty for rape unconstitutional.
State v. Kennedy, 05-KA-1981 (La. 11/21/08) [1 p.]
From LSCR Volume 16, Issue 11
          In the Court's previous opinion in State v. Patrick Kennedy, 05-KA-1981 (La. 5/22/07) [reported in June, 2007 LSCR], the Court affirmed the ... view full summary
513.Pro se petitions that were denied by Fifth Circuit are to be reheard.
State v. Sandra Cordero, 08-KH-1717 (La. 10/3/08) [3 pp.]
From LSCR Volume 16, Issue 10
          Defendant Sandra Cordero applied for post-conviction relief, which was denied in the district court. Her pro se application in the Fifth Cir... view full summary
514.Adult-onset mental retardation not a defense to death penalty; capital conviction affirmed.
State v. Anderson, 06-KA-2987 (La. 9/9/08) [69 pp.]
From LSCR Volume 16, Issue 9
          Defendant killed an 85-year-old woman, for whom he was doing yard work. She was stabbed 10 times, and then beaten in the head with a drinkin... view full summary
515.State's failure to disclose statement did not merit sanctions.
State v. Forest, 08-KK-1747 (La. 7/24/08) [3 pp.]
From LSCR Volume 16, Issue 9
          Defendant was charged with murder. The State and the defense exchanged discovery without any formal discovery motions being filed, and the S... view full summary
516.Right of confrontation does not constitute "good cause" to subpoena crime victim for hearing.
State v. Conerly, 08-KK-2024 (La. 8/27/08) [1 p.]
From LSCR Volume 16, Issue 9
          "Writ granted. ... Although the Louisiana Constitution recognizes the right of a defendant to confront his accuser before trial, La. Const. ... view full summary
517.Multiple convictions arising from one crime may all be enhanced under Habitual Offender Law;
overruling controlling precedent. State v. Shaw, 06-KO-2467 (La. 11/27/07) [26 pp.]
From LSCR Volume 16, Issue 7
          The prosecution of defendant Shaw stems from a criminal episode involving his former girlfriend, in which he intentionally rammed his car in... view full summary
518.Arrest warrant for failure to appear interrupts continuously the 2- year speedy trial period;
resolving a split in the circuits. State v. Lionel Romar, 2007-K-2140 (La. 01/07/08) [8 pp.]
From LSCR Volume 16, Issue 7
          After pleading not guilty to DWI (third offense), defendant Lionel Romar failed to show up for his trial dates on April 20 and June 15, 1998... view full summary
519.Dropping a bag of marijuana is obstruction of justice.
State v. Ellery C. Jones, 2007-K-1052 (La. 03/06/08) [20 pp.]
From LSCR Volume 16, Issue 6
          At issue is whether the evidence at trial supports a conviction of obstruction of justice. Deputy Cody Portier observed a group of people dr... view full summary
520.Rejected Batson challenge reversed by U.S. Supreme Court.
State v. Allen Snyder, 98-KA-1078 (La. 4/30/2008) []
From LSCR Volume 16, Issue 5
          In State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06), reported in September, 2006 LSCR, on remand from the U.S. Supreme Court with instructio... view full summary
521.No invocation of Fifth Amendment rights.
State v. Richard Prosper, 08-KK-0839 (La. 5/14/08) [2 pp.]
From LSCR Volume 16, Issue 5
          Police were interrogating defendant regarding the location of guns that the police sought as evidence. During police interrogation, in respo... view full summary
522.Defendant surrendered privacy rights by hiding bag on neighbor's property.
State v. Marty Smith, 2008-KK-0515 (La. 5/2/08) [1 p.]
From LSCR Volume 16, Issue 5
          Writ granted. "Even assuming, arguendo, that defendant's consent to search his home and vehicle did not encompass personal effects located e... view full summary
523.DWI "pretrial diversion" record may not be expunged for 5 years; statute constitutional.
State v. Alexander Granger 07-KA-2285 (La. 5/21/08) [22 pp.]
From LSCR Volume 16, Issue 5
          Defendant was charged by bill of information with driving while intoxicated ("DWI") , first offense, in violation of La.R.S. S 14:98(B). He ... view full summary
524.Capital conviction affirmed.
State v. Laderrick Campbell, 06-KA-0286 (La. 5/21/08) [117 pp.]
From LSCR Volume 16, Issue 5
          Defendant was accused of shooting to death, with a 12-gauge shotgun, a liquor store clerk during a robbery, in front of multiple witnesses w... view full summary
525.Sanction imposed for violation of grand jury secrecy.
State v. Amanda Gutweiler a/k/a Amanda Hypes 06-K-2596 (La. 4/8/08) [24 pp.]
From LSCR Volume 16, Issue 4
          The pretrial status of this criminal case concerns sanctions imposed by the district court against the State for breaching grand jury secrec... view full summary
526.Supervisory writ granted; order suppressing evidence reversed.
State v. Brent Fearheiley 08-KK-0307 (La. 4/18/08) [3 pp.]
From LSCR Volume 16, Issue 4
          A police officer observed the independent, yet complementary and simultaneous actions by defendant and another person, conducting an apparen... view full summary
527.State need not identify the owner in order to charge a crime against property.
State v. Rance Dunbar, 07-K-0219 (La. 2/26/08) [8 pp.]
From LSCR Volume 16, Issue 3
          The State appeals the reversal, on the ground of insufficient evidence, of defendant's conviction of unauthorized use of a movable. At 4:25 ... view full summary
528.Charge of aggravated flight is not double jeopardy with conviction for traffic offenses .
State v. DeJoshua L. Williams, 07-K-0931 (La. 2/26/08) [8 pp.]
From LSCR Volume 16, Issue 3
          The State seeks review of the court of appeal's granting of defendant's motion to quash the bill of information on the ground of double jeop... view full summary
529.Mental retardation determination on remand not tried to jury; overruling recent precedent.
State v. James Dunn 07-KK-0878 (La. 1/25/08) [8 pp.]
From LSCR Volume 16, Issue 2
          Defendant Dunn was convicted by a jury of two counts of first degree murder, and sentenced to death. On direct review, the Court remanded th... view full summary
530.Charging defendant with a "non-offense" harmless error.
State v. Timothy E. Robertson, 06-K-1537 (La. 1/16/08) [16 pp.]
From LSCR Volume 16, Issue 2
          Defendant appeals his conviction of operation of a clandestine laboratory for the unlawful manufacture of methamphetamine, second offender s... view full summary
531.Child pornography: Each sexual act and each child is a separate count.
State v. Leon D. Fussell, 06-K-2595 (La. 1/16/08) [25 pp.]
From LSCR Volume 16, Issue 2
          Defendant was indicted on 19 counts of intentional possession of pornography involving juveniles, in violation of La.R.S. Section 14:81.1(A)... view full summary
532.Warrant based on probable cause is necessary to obtain DNA sample; capital conviction affirmed.
State v. Derrick Todd Lee, 05-KA-2098 (La. 1/16/08) [68 pp.]
From LSCR Volume 16, Issue 1
          Defendant appeals his conviction of murder and sentence of death. Because the defendant's appeal involves the res nova issue of the warrantl... view full summary
533.Request for counsel revoked by defendant; capital conviction affirmed.
State v. Jesse Jay Montejo, 06-KA-1807 (La. 1/16/08) [35 pp.]
From LSCR Volume 16, Issue 1
          Defendant Montejo was convicted in the burglary-murder of Lewis Ferrari. Police interrogated Montejo on videotape for 7 hours on September 6... view full summary
534.Defendant may not apply for suspension of sentence after it is executory.
State v. Willis Thomas, 07-KP-0634 (La. 1/11/08) [4 pp.]
From LSCR Volume 16, Issue 1
          Defendant Willis Thomas pled guilty to second degree murder on November 3, 1975, and was sentenced to life imprisonment at hard labor. At th... view full summary
535.Habitual offender still eligible for parole.
State v. Davis, 07-KO-1208 (La. 12/14/07) [1 p.]
From LSCR Volume 15, Issue 12
          Writ of certiorari granted in part. The district court sought to conform defendant's sentence to the requirements of La.R.S. Section 15:529.... view full summary
536.Capital conviction reversed: State struck juror expressly because of race.
State v. Robert Glen Coleman, 06-KA-0518 (La. 11/2/07) [13 pp.]
From LSCR Volume 15, Issue 11
          Defendant Coleman was indicted by a grand jury for first degree murder and attempted first degree murder, found guilty, and sentenced to dea... view full summary
537.Search warrant for a premises does not give authority to search all persons present.
State v. Boyer, 2007-K-0476 (La. 10/16/07) [32 pp.]
From LSCR Volume 15, Issue 11
          The defendant appeals the denial of his motion to suppress. Lafourche Parish police had identified Antonio Tillman as a drug distributor. In... view full summary
538.Courts must apply sentencing law in effect on date of commission of the crime.
State v. Derrick Hyde, 07-OK-1314 (La. 11/21/2007) [2 pp.]
From LSCR Volume 15, Issue 11
          Writ granted. "The trial court erred in applying the sentencing law in effect on the date of defendant's conviction, 2005 La. Acts 497, as o... view full summary
539.Defense counsel's failure to visit crime scene with the judge not ineffective assistance.
State v. Jason Matthis, 07-KP-0691 (La. 11/2/07) [11 pp.]
From LSCR Volume 15, Issue 11
          Defendant applies for post-conviction relief from his conviction of second-degree murder. The victim was found beaten to death in a remote a... view full summary
540.Consolidated trial of misdemeanor offenses does not violate right to trial by jury.
State v. Reynolds, 07-KP-0641 (La. 11/21/07) [3 pp.]
From LSCR Volume 15, Issue 11
          Defendant was tried for multiple misdemeanor offenses concurrently, by stipulation of the parties, in which the State agreed to cap the pena... view full summary
541."Inaudible" jury selection record requires reversal and retrial.
State v. Joseph Wayne Pinion, 06-K-2346 (La. 10/26/07) [11 pp.]
From LSCR Volume 15, Issue 11
          Jury selection in this second-degree murder case required 3 panels of 14 prospective jurors each. The questioning of all panels by the State... view full summary
542.Presumption of regularity attaches to prior guilty plea proceedings.
State v. Clesi, 07-K-0564 (La. 11/16/07) [3 pp.]
From LSCR Volume 15, Issue 11
          Defendant was charged with a fourth felony offender bill. In a pro se written response, defendant stated that the prior offenses did not sup... view full summary
543.Five-year additional penalty for use of a firearm may be added to habitual offender sentence, resolving a split in the circuits.
State v. Jack King, 06-K-1903 (La. 10/16/07) [9 pp.]
From LSCR Volume 15, Issue 10
          On May 18, 2004, the defendant committed an armed robbery of a bank with a handgun. Defendant was charged with one count of armed robbery wi... view full summary
544.Bystander shouting at police is guilty of resisting arrest of another.
City of Lafayette v. Darrell D. Desormeaux, 06-KP-1730 (La. 10/16/07) [10 pp.]
From LSCR Volume 15, Issue 10
          The City charged Michelle Desormeaux with violation of Lafayette City Ordinance S 86-5, which prohibits the playing of music in a vehicle at... view full summary
545.State may seek multiple enhanced penalties in the same proceeding, overruling controlling precedent.
State v. Monolo Anton Baker, 06-K-2175 (La. 10/16/07) [19 pp.]
From LSCR Volume 15, Issue 10
          Defendant appeals a sentence enhanced under the habitual offender act. Defendant Baker has the following relevant criminal history: a Decemb... view full summary
546.Sentence invalid, exceeded scope of criminal statute.
State v. Wallace, 06-KH-2555(La. 8/31/07) [1 p.]
From LSCR Volume 15, Issue 9
          "Writ granted. Relator's sentence is amended to delete the term `without benefit of parole, probation, or suspension of sentence' from his s... view full summary
547.Capital conviction reversed.
State v. Shon D. Miller, 05-KA-1826 (La. 6/29/07) [25 pp.]
From LSCR Volume 15, Issue 7
          Defendant Miller was convicted of first degree murder and sentenced to death. Miller procured a ride to Gonzales, to the home of his mother-... view full summary
548.Evidence sufficient to convict of forcible rape despite victim's inconsistent statements.
State v. Calvin Ware, 06-K-1703 (La. 6/29/07) [14 pp.]
From LSCR Volume 15, Issue 7
          After trial by jury, defendant Calvin Ware was found guilty of attempted forcible rape. The victim testified that she brought her four small... view full summary
549.Search of vehicle incident to arrest proper.
State v. Canezaro, 07-KK-668 (La. 6/1/07) [7 pp.]
From LSCR Volume 15, Issue 7
          Defendant Canezaro was charged with possession of cocaine and "Adderal." Deputy Lewis observed defendant's pickup truck stop at a stop sign,... view full summary
550.Supervisory writ granted: Police should have stopped questioning when defendant asked for a lawyer.
State v. Anthony Bell, 2007-KK-1124 (La. 6/29/07) [2 pp.]
From LSCR Volume 15, Issue 7
          Midway through questioning the defendant, police did not believe the exculpatory account he was providing them; and defendant stated, "I'd r... view full summary
551.Failure to provide a state-funded mitigation expert harmless; capital sentence affirmed.
State v. Antoinette Frank, 1999-KA-0553 (La. 5/22/07) [60 pp]
From LSCR Volume 15, Issue 7
          Defendant was convicted and sentenced to death, and her conviction was affirmed. State v. Frank, 99-0553 (La. 1/17/01), 803 So.2d 1. The Cou... view full summary
552.Death penalty for rape is constitutional; capital conviction affirmed.
State v. Patrick Kennedy, 05-KA-1981 (La. 5/22/07) [127 pp.]
From LSCR Volume 15, Issue 6
          On May 7, 1998, Patrick Kennedy was indicted by a grand jury for the rape of his 8-year-old stepdaughter ("L.H.") in violation of La.R.S. S ... view full summary
553.Use of a stolen vehicle constitutes unauthorized use of a vehicle.
State v. Wayne Macon, 06-K-0481(La. 6/1/07) [12 pp.]
From LSCR Volume 15, Issue 6
          The State seeks review of the district court's order of a new trial. In January, 2002, Avilla Kern reported that her blue, 1996 Chevrolet Lu... view full summary
554.Absence of the trial judge is not a structural error.
State v. Langley, 06-KK-1041 (La. 5/22/07) [20 pp.]
From LSCR Volume 15, Issue 6
          Langley was indicted on a charge of first degree murder. A jury rejected Langley's insanity defense and convicted him of the lesser included... view full summary
555.Failure to file motion to suppress does not waive Crosby reservation on that issue.
State v. Guillory, 06-K-2544 (La. 6/1/07) [2 pp.]
From LSCR Volume 15, Issue 6
          Defendant entered his guilty plea in the present case pursuant to State v. Crosby, 338 So.2d 584 (La. 1976), reserving his right to appeal o... view full summary
556.District attorney properly recused.
State v. George King, 2006-KK-2383 (La. 4/27/07) [21 pp.]
From LSCR Volume 15, Issue 5
          The State appeals an order recusing the district attorney. On October 6, 2003, James Robbins, the mayor of Jena, struck Gary Compton, a memb... view full summary
557.Capital conviction affirmed.
State v. Blank, 04-KA-0204 (La. 4/11/07) [66 pp.]
From LSCR Volume 15, Issue 5
          Defendant appeals his capital conviction and sentence of death. The victim, 71-year-old Lillian Philippe, was found on the floor near her be... view full summary
558.Police pursuit of defendant into a private home does not require a warrant.
State v. Keith Walker, 06-KK-1045 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4
          The State appeals an order suppressing evidence. Police observed the defendant and another man standing directly in front of a residence at ... view full summary
559.District court erred in exposing jury to habitual offender allegations.
State v. Gregory Ruiz, 06-KO-1755 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4
          Defendant was charged by bill of information with distribution of cocaine in violation of La.R.S. S 40:967(A)(1), and possession of cocaine ... view full summary
560.Codefendants may agree to appeal common issue as part of guilty plea agreement.
State v. Jorgio Mack, 06-K-1722 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 4
          Defendant agreed to plead guilty, adopting his codefendant's motion to suppress evidence, and reserving his right to appeal the district cou... view full summary
561.Ameliorative changes to criminal penalty does not mean normal sentence is excessive.
State v. Robert, 06-K-1872 (La. 3/9/07) [2 pp.]
From LSCR Volume 15, Issue 3
          Defendant appealed his habitual offender sentence as excessive, in light of the ameliorative changes in the penalty for distribution of mari... view full summary
562.Warrantless search of containers incident to arrest is permissible.
State v. Talvin Warren, 05-KK-2248 (La. 2/22/07) [30 pp.]
From LSCR Volume 15, Issue 2
          Defendant Warren was charged with possession of marijuana with intent to distribute, and moved to suppress the evidence. Officer Buscaino wa... view full summary
563.State's nondisclosure of deal not to prosecute witness's son not reversible error.
State v. Lacaze, 06-KP-1059 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2
          Defendant applied for post-conviction relief after learning that the State had agreed with a witness not to prosecute the his son, in return... view full summary
564.Agreement not to prosecute not vitiated by defendant's guilty plea to pre-agreement criminal behavior.
State v. Cardon, 2006-KK-2305 (La. 1/12/07) [2 pp.]
From LSCR Volume 15, Issue 1
          Defendant and the district attorney entered into an agreement not to prosecute, with the condition that defendant not commit a "new" offense... view full summary
565.Habitual offender sentence not unconstitutional as applied.
State v. Hall, 06-K-1358 (La. 1/12/07) [1 p.]
From LSCR Volume 15, Issue 1
          Defendant was charged under the habitual offender statute, and convicted. The district court deviated from the minimum sentence, holding tha... view full summary
566.Juror preference for police testimony was not "bias" under art. 797.
State v. Calvin Lindsey, 2006-K -0255 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1
          Defendant was convicted of conspiracy to distribute narcotics, and was sentenced to 9 years imprisonment. During voir dire, one prospective ... view full summary
567.Capital conviction affirmed.
State v. Darrell D. Draughn, 2005-KA-1825 (La. 1/17/07) [83 pp.]
From LSCR Volume 15, Issue 1
          Defendant appeals his conviction and sentence of death. The victim, Ms. White, was a 64-year- old woman who was found dead with 61 knife wou... view full summary
568."Sufficiency of evidence" review does not include fact-finder's thought process.
State v. Keith Marshall, 04-K-3139 (La. 11/29/05) [13 pp.]
From LSCR Volume 14, Issue 12
          Defendant was charged with possession of cocaine. Police officers Paxton and Barre stated that they stopped defendant's car because its tail... view full summary
569.Use of handcuffs does not convert Terry stop into an arrest.
State v. Farrell Porche, 06-KK-0312 (La. 11/29/06) [14 pp.]
From LSCR Volume 14, Issue 12
          The State appeals an order suppressing evidence. Louette Young reported a possible burglary in progress at her apartment in Citrus Creek Apa... view full summary
570.Accomplice's testimony was sufficient to convict.
State v. Hughes, 2005-K-0992 (La. 11/29/06]
From LSCR Volume 14, Issue 12
          Defendant Hughes appeals his conviction of manslaughter. In August, 2002, at 7:30 p.m., Shannon Williams was shot twice in the head in the k... view full summary
571.Defendant guilty of attempted armed robbery, although he did not ask for any money.
State v. Ordodi, 06-K-0207 (La. 11/29/06) [20 pp.]
From LSCR Volume 14, Issue 12
          Defendant Ordodi appeals his conviction of attempted armed robbery. A customer at Regions Bank saw the defendant, as he walked toward the ba... view full summary
572.Error patent review does not include guilty plea colloquy.
State v. Katrina Robinson, 06-K-1406 (La. 12/8/06) [1 p.]
From LSCR Volume 14, Issue 12
          "In State v. Guzman, 99-1528, p. 6 (La. 5/16/00), 769 So.2d 1158, 1162, this Court expressly overruled its prior decision in State v. Godejo... view full summary
573.Boykin: Defendant's waiver of his right to "cross-examination" is waiver of confrontation.
State v. Derrell Mendenhall, 06-K-1407 (La. 12/8/06) [2 pp.]
From LSCR Volume 14, Issue 12
          At defendant's guilty plea, the trial judge informed defendant that the state would have to prove its case beyond a reasonable doubt and tha... view full summary
574.Prosecutor's nolle prosequi and refiling of charges not prejudicial.
State v. Michael Batiste, 05-K-1571 (La. 10/17/06) [16 pp.]
From LSCR Volume 14, Issue 11
          On November 12, 2002, the State filed a bill of information against the defendant, charging him with video voyeurism, a violation of La.R.S.... view full summary
575.When counts of an indictment are joined, appellate review of a preliminary plea interrupts the time limit to try all joined counts.
State v. Robert "Bob" Odom, 06-K-0975 (La. 11/3/06) [5 pp.]
From LSCR Volume 14, Issue 11
          On August 22, 2002, the State indicted defendant/respondent, Commissioner of Agriculture and Forestry in Louisiana, for a variety of offense... view full summary
576.Post-conviction application properly dismissed without hearing.
State v. Alan B. James, 05KP2512 (La. 9/29/06) []
From LSCR Volume 14, Issue 10
          In this post-conviction application for relief, defendant raised the issue of ineffective assistance of counsel, alleging that his counsel r... view full summary
577.On remand from the Supreme Court, Batson challenge rejected again.
State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06) [40 pp.]
From LSCR Volume 14, Issue 9
          Defendant was convicted of first degree murder and sentenced to death.
On direct appeal, the Court ultimately affirmed defendant's convi... view full summary
578.Multiple, un-Mirandized jailhouse statements admissible; capital conviction affirmed.
State v. Donald Lee Leger, Jr., 2005-KA-0011 (La. 7/10/06) [112 pp.]
From LSCR Volume 14, Issue 8
          The testimony at the capital murder trial of defendant Leger was as follows: Leger had had an affair with Kimberly Zimmerman during her sepa... view full summary
579.Batson challenge: Venireman's promise to be fair does not preclude a peremptory challenge.
State v. Melvin Elie, 05-K-1569 (La. 7/10/06) [22 pp.]
From LSCR Volume 14, Issue 8
          Defendant Elie was indicted for second-degree murder, but convicted of manslaughter. An eyewitness who knew both Elie and the victim saw Eli... view full summary
580.Speedy trial rights not violated after 10-year delay.
State v. Thomas, 06-KK-0619 (La. 7/11/06]
From LSCR Volume 14, Issue 8
          In November, 1996, respondents Thomas and Dyer were indicted with first degree murder. Shortly thereafter, respondents upset the course of t... view full summary
581.Police could Terry-stop a suspect behind the wheel of a disabled car.
State v. Matthew Kelley, 05-K-1905 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8
          Defendant appeals the denial of his motion to suppress. On the morning of the arrest, police acted on a complaint concerning a man (the defe... view full summary
582.Firearm-discharge sentence enhancement applicable to drive-by shooting.
State v. Mickel Brisco, 04-K-3039 (La. 7/6/06) [20 pp.]
From LSCR Volume 14, Issue 8
          One month after defendant Brisco separated from his ex-wife, he fired four shots into his former family home. Defendant was arrested and con... view full summary
583.La. mental retardation procedure not unconstitutional.
State v. Turner, 05-KA-2425 (La. 7/10/06) [25 pp.]
From LSCR Volume 14, Issue 8
          Defendant was charged with first-degree murder. Defendant claimed that he is mentally retarded and consequently, is not subject to capital p... view full summary
584.Judge not disqualified merely because of employment at D.A.'s office.
State v. Connolly, 06-KD-0540 (La. 6/2/06) []
From LSCR Volume 14, Issue 7
          Relator Connolly seeks to vacate a recusal order entered sua sponte by respondent, the Honorable Charles L. Porter, district judge presiding... view full summary
585.No reasonable suspicion necessary to ask woman what she was doing.
State v. Parker, 06-KK-0053 (La. 6/16/2006) [3 pp.]
From LSCR Volume 14, Issue 7
          Two New Orleans police officers, while on routine patrol during mid-morning on a weekday, observed the defendant attempting to open the lock... view full summary
586.Consolidation of cases not improper because of "other crimes" evidence.
State v. Crochet, 05-K-0123 (6/23/06) [10 pp.]
From LSCR Volume 14, Issue 6
          The State charged defendant by bill of information with one count of molestation of a juvenile -- i.e., defendant's daughter, M.C. See La.R.... view full summary
587.State's intentional violation of pretrial Prieur ruling reviewed under harmless error standard.
State v. Henry Lee Leonard, 05-K-1382 (La. 6/16/06) [6 pp.]
From LSCR Volume 14, Issue 6
          Defendant was charged with the second degree murder of the boyfriend of his ex-wife at her place of employment. The major issue at trial, as... view full summary
588.Failure to object prior to conviction waives erroneous joinder of counts in indictment.
State v. Wade Knott, 05-K-2252 (La. 5/5/06) [3 pp.]
From LSCR Volume 14, Issue 5
          Defendant was indicted on four counts, including one count for a sex crime allegedly committed no later than 1982, and which had fully presc... view full summary
589.Double jeopardy does not bar second trial and conviction on lesser, included offense.
State v. Thomas, 05-K-2373 (La. 4/17/06) [3 pp.]
From LSCR Volume 14, Issue 5
          Defendant had been previously indicted for aggravated burglary, was tried, and was convicted of the lesser, included offense of attempted ag... view full summary
590.Speedy trial prescriptive period extended by joint picking of trial date.
State v. Morris Randal Fish, 05-KK-1929 (La. 4/17/2006) [4 pp.]
From LSCR Volume 14, Issue 5
          The State filed a bill of information against defendant on June 14, 2001. The state then had 2 years within which to bring him to trial, or ... view full summary
591.Capital sentence affirmed.
State v. Michael Weary, 03-KA-3067 (La. 4/24/06) [67 pp.]
From LSCR Volume 14, Issue 5
          Defendant appeals his conviction of first-degree murder and sentence of death. The victim, Walber, was found lying face down alongside a roa... view full summary
592.Habitual offender statute construed.
State v. Stanley Washington, 05-KO-1330 (La. 4/28/06) [2 pp.]
From LSCR Volume 14, Issue 5
          Defendant was charged and sentenced as an habitual offender. His prior arrest was for an armed robbery committed in 1980. He was sentenced t... view full summary
593.Probable cause to arrest on any charge allows police to search the defendant completely, regardless of the offense for which he is arrested, and regardless of probable cause to search; establishing controlling precedent.
State v. Sherman, 05-K-0779 (La. 4/4/06) [18 pp.]
From LSCR Volume 14, Issue 4
          Defendant appeals his conviction of possession with intent to distribute. Police were on a narcotics interdiction patrol on Lincoln Road in ... view full summary
594.Contractor guilty of misapplication of funds.
State v. Jack S. Spears, 05-K-0964 (La. 4/4/06) Defendant appeals his conviction of misapplication of construction funds. The Kirkhams were engaged in a chicken raising operation. They contracted with defendant Spears's construction company to build
From LSCR Volume 14, Issue 4
          must exclude every reasonable hypothesis of innocence." The essential elements of S 14:202 are: (1) the existence of a contract to construct... view full summary
595.New trial to serve the "ends of justice" is within the trial judge's discretion.
State v. Corey Miller, 2005-K -1111 (La. 3/10/06) [4 pp.]
From LSCR Volume 14, Issue 3
          After a jury verdict of conviction, the district court granted the defendant's motion for new trial, finding that the state's illegal suppre... view full summary
596.Circumstantial evidence of intent sufficient for arson conviction.
State v. Ruben Sosa, 2005-K -0213 (La. 1/19/06) [14 pp.]
From LSCR Volume 14, Issue 3
          Defendant Sosa was charged with arson with the intent to defraud. La.R.S. S 14:53. In response to information received about the defendant, ... view full summary
597.Waiver of counsel in colloquy via satellite video was effective.
State v. Simmons, 05-KK-1462 (La. 3/17/06) [2 pp.]
From LSCR Volume 14, Issue 3
          Defendant moved to quash the bill of information against him for second offense DWI, on the ground that the record of the predicate 1995 DWI... view full summary
598.Inchoate sexual battery is a crime in Louisiana.
State v. Trackling, 04-K-3222 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2
          Defendant was charged with placing his hand under the shorts of a 12-year-old and rubbing her vagina twice, but without reaching inside her ... view full summary
599.Defense striking pro-death juror was a Batson violation; capital conviction affirmed.
State v. Anthony Scott, 2004-KA-1312 (La. 1/19/06) [95 pp.]
From LSCR Volume 14, Issue 2
          Defendant Scott was convicted of the double murder of two bank tellers in Assumption Parish. Surveillance video tape showed Scott, in his la... view full summary
600.Discovery of Brady material allows untimely filing for post-conviction relief.
State ex rel. Walker v. State of Louisiana, 04-KH-0714 (La. 1/27/06) [1 p.]
From LSCR Volume 14, Issue 2
          "Writ granted ... . Relator's discovery of arguably suppressed evidence allows his untimely filing without regard to his diligence vel non i... view full summary
601.Post-conviction relief on Brady claim reversed on supervisory writ.
State v. Sholes, 05-KP-1290 (La. 1/9/06) [1 p.]
From LSCR Volume 14, Issue 2
          "Writ granted. The district court's judgment granting relator postconviction relief is vacated and relator's conviction and sentence are rei... view full summary
602.District court judgment on remand regarding mental retardation is final absent appeal.
State v. Williams, 05-KP-1556 (La. 2/17/06) [2 pp.]
From LSCR Volume 14, Issue 2
          "Writ granted; relief denied. In State v. Williams, 01-1650 (La. 11/1/02), 831 So.2d 835, this Court affirmed relator's conviction for first... view full summary
603.Guilty plea to crime other than that charged is not void for lack of jurisdiction; resolving a split in the circuits.
State v. Curtis Jackson, 2004-K-2863 (La. 11/29/05) [15 pp.]
From LSCR Volume 14, Issue 1
          Defendant was charged by bill of information with attempted first degree murder of a peace officer, possession of a firearm by a convicted f... view full summary
604.Repeat drug offender bill must be brought only after conviction of the instant offense; resolving a split in the circuits; overruling controlling precedent.
State v. Skipper, 04-KA-2137 (La. 6/29/05) [25 pp.]
From LSCR Volume 14, Issue 1
          The State filed a bill of information charging defendant Skipper with possession of between 28 and 200 grams of crack cocaine, in violation ... view full summary
605.Capital conviction affirmed: erroneous refusal to admit exculpatory letter harmless.
State v. Juniors, 03-KA-2425 (La. 6/29/05) [76 pp.]
From LSCR Volume 13, Issue 7
          Defendant Juniors appeals his capital conviction and sentence. Juniors's partner in the crime, Williams, pled guilty and turned State's evid... view full summary
606.Capital conviction affirmed: Hearsay "other crimes" evidence was harmless error.
State v. Allen, 2003-KA-2418 (La. 6/29/05) [40 pp.]
From LSCR Volume 13, Issue 7
          Defendant Allen was convicted and sentenced to death for the stabbing murder of a bait shop owner in Coushatta. At trial, witnesses testifie... view full summary
607.Written consent to warrantless search is not inadmissible hearsay.
State v. Smith, 04-KK-3140 (La. 6/24/05) [2 pp.]
From LSCR Volume 13, Issue 7
          The district court granted a motion to suppress seized evidence, on the grounds that the witness who consented to the search for the evidenc... view full summary
608."Criminalist report" statute constitutional; but "good faith" certification is "featherweight"
State v. Cunningham, 2004-KA-2200 (La. 6/11/05) [29 pp.]
From LSCR Volume 13, Issue 6
          Defendant Cunningham was charged with misdemeanor possession of marijuana. At trial before an Orleans Parish Magistrate Judge, pursuant to L... view full summary
609."Hybrid representation" not erroneous; capital sentence affirmed.
State v. Brown, 2003-KA-0897 (La. 4/12/05) [53 pp.]
From LSCR Volume 13, Issue 5
LSCR Vol. 13, No. 5 8 May, 2005 Off-duty injuries of firemen must be compensated. Johnson v. Marrero-Estelle Vol. Fire Company No. 1, 2004-C-2124 (La. 4/12/05) [12 pp.] Defendant Marrero-Estelle Volu... view full summary
610.Capital sentence reversed: testimony of intoxicated, sole eyewitness insufficient to prove aggravating circumstance of robbery.
State v. Higgins, 2003-KA-1980 (La. 04/01/05) [41 pp.]
From LSCR Volume 13, Issue 5
           Defendant Higgins appeals his capital conviction and sentence of death. On the night in question, Donald Price cashed in his winnings at Bo... view full summary
611.Failure to fund indigent defense may result in release of the prisoner, establishing controlling precedent.
State v. Citizen, c/w State v. Tonguis, 2004-KA-1841 (La. 4/1/05) [18 pp.]
From LSCR Volume 13, Issue 4
          In these consolidated cases, capital murder defendants sought to compel the Calcasieu Parish Police Jury ("CPPJ") to fund legal representati... view full summary
612.Juvenile capital sentence reversed; direct appeal jurisdiction divested.
State v. Wilson, 03-KA-1229 (La. 3/30/05) [1 p.]
From LSCR Volume 13, Issue 4
          "The appellate record reveals that defendant stands convicted and sentenced to death for a capital murder committed when he was 17 years old... view full summary
613.Failure to introduce mental health evidence in support of insanity defense is not ineffective assistance of counsel.
State v. Russell, 04-KP-1622 (La. 2/25/05) [4 pp.]
From LSCR Volume 13, Issue 2
          The district court granted defendant's post-conviction application for relief, finding that defense counsel rendered ineffective assistance ... view full summary
614.Failure to preserve DNA evidence does not entitle defendant to jury instruction; capital sentence affirmed.
State v. Harris, 2001-KA-2730 (La. 1/19/05) [33 pp.]
From LSCR Volume 13, Issue 1
          Defendant was accused of the murder of Katie Carlin during the aggravated kidnapping and rape of Carlin's 11-year-old daughter, "K." Carlin'... view full summary
615.Post-conviction application meets statutory requirements for challenging mental competence.
State ex rel. Bourque v. Cain, 03-KP-0602 (La. 1/7/05) [3 pp.]
From LSCR Volume 13, Issue 1
          Relator filed a post-conviction application for relief, alleging, inter alia, that he was mentally retarded and therefore not competent to b... view full summary
616.Pro bono capital defendants deprived of state funding may have equal protection challenge.
State ex rel. Williams v. State of Louisiana, 2004-KP-0575 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12
          Defendant Williams was convicted of first-degree murder and sentenced to death. Counsel was appointed pro bono to assist him with post-convi... view full summary
617.Unconstitutional to probate incompetent defendant who has not been committed.
State v. Denson, 04-KA-0846 (La. 12/1/04) [11 pp.]
From LSCR Volume 12, Issue 12
          Defendant Denson was charged with robbery, but was found unfit to stand trial because of mental retardation, paranoia, and unspecified psych... view full summary
618.Circumstantial evidence sufficient to establish possession of drugs hidden in car. State v. Major, 2003-K-3522 (
La. 12/01/04) [13 pp.]
From LSCR Volume 12, Issue 12
          On June 9, 1997, State Trooper Lanny Bergeron pulled over a white 1997 Nissan Sentra driven by defendant Arthur Major III and occupied by th... view full summary
619.Habitual offender law contains no sequential conviction requirement; overruling controlling precedent.
State v. Johnson, 2003-K-2993 (La. 10/19/04) [23 pp.]
From LSCR Volume 12, Issue 11
          Defendant appeals his conviction and sentence as a four-time habitual offender. Defendant was convicted and sentenced on the charges of arme... view full summary
620.End-user of illegal drug may also be charged with distribution to co- users.
State v. Corbett, 04-K-1124 (La. 11/15/04) [3 pp.]
From LSCR Volume 12, Issue 11
          The State appeals the quashing of an indictment for possession with intent to distribute, and second- degree murder under La.R.S. S 14:30.1(... view full summary
621.Illegal sentence reversed.
State v. Hotard, 04-KP-1092 (La. 10/15/04) [2 pp.]
From LSCR Volume 12, Issue 11
          "Because none of the statutes under which relator was convicted contains a provision prohibiting parole for the entire term, the district co... view full summary
622.Probation cannot be revoked solely for an arrest.
State v. Smith, 03-KP-3464 (La. 10/7/04) []
From LSCR Volume 12, Issue 10
          "Writ granted; revocation of probation reversed. Proof of an arrest alone, without any evidence of the conduct that led to arrest, does not ... view full summary
623.Recharging defendant who refused to testify violates double jeopardy.
State v. Peyrefitte, 04-KK-0742 (La. 10/15/04) []
From LSCR Volume 12, Issue 10
          Defendant entered into a plea agreement with the State, in which he agreed to cooperate. At his Boykin colloquy, the assistant district atto... view full summary
624.Denial of voir dire challenge of police lab technician not erroneous.
State v. Jones, 2003-K-2542 (La. 10/19/04) [17 pp.]
From LSCR Volume 12, Issue 10
          Defendant was convicted of first degree murder. In the jury venire was Edward Delery, a police department crime lab technician. Defendant ch... view full summary
625.Capital sentence affirmed.
State v. Manning, 2003-KA-1982 (La. 10/19/04) [90 pp.]
From LSCR Volume 12, Issue 10
          On December 18, 2000, Bossier Parish Sheriff's Deputy Jimmy Chreene was on routine patrol driving west on Highway 160 when he saw an east bo... view full summary
626.Good faith reliance on warrant saves evidence from exclusion.
State v. Long, 2003-KK-2592 (La. 9/9/04) [22 pp.]
From LSCR Volume 12, Issue 9
          Defendant Long was charged with possession of marijuana with intent to distribute. Police applied for a search warrant for Long's home, stat... view full summary
627.DWI Third Offense cannot be enhanced with habitual offender bill.
State v. Campbell, 03-K-3035 (La. 7/6/04) [15 pp.]
From LSCR Volume 12, Issue 8
          The State charged defendant Campbell with driving on March 16, 2002 while intoxicated -- third offense. The defendant had prior DWI convicti... view full summary
628.Felony arrest records may be expunged, not destroyed.
State v. Expunged Record (#) 249,044, 03-KA-1940 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 8
          On January 9, 1998, appellee was arrested for the felony offenses of Obstruction of Justice and False Impersonation. The alleged violations ... view full summary
629.Prior DWI guilty plea where counsel was waived may support recidivist DWI conviction.
State v. Deville, 04-KK-1401 (La. 7/2/04) [6 pp.]
From LSCR Volume 12, Issue 8
          Defendant moved to quash the bill charging him with a DWI Third Offense. One of the two prior convictions was a guilty plea entered in Missi... view full summary
630.Multiple offender bill may be filed after completion of sentence for the underlying offense;
overruling controlling precedent. State v. Muhammad, 2003-K-2991 (05/25/04) [21 pp.]
From LSCR Volume 12, Issue 7
          A jury found defendant Muhammad guilty on 17 counts of access device fraud. He was sentenced on April 9, 1999 to 4 years total, and was addi... view full summary
631.Juvenile adjudication of delinquency is not a "conviction" that can be used to support a multiple offender bill.
State v. Quincy Brown, 2003-K-2788 (La. 04/07/04) [24 pp.]
From LSCR Volume 12, Issue 7
          Defendant Brown was a juvenile when he was adjudicated a delinquent for attempt second degree murder, and an adult when he was charged with ... view full summary
632.Answer to improper voir dire hypothetical not grounds for reversal.
State v. Taylor, 2003-K-1834 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7
          At defendant's jury trial for second-degree murder of a co-worker, he intended to present evidence of self- defense. During voir dire, one j... view full summary
633.Prosecutorial misconduct before the grand jury does not give targets and witnesses the right to an injunction.
In Re: Matter Under Investigation, Grand Jury No. 1, 04-KK-0672 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7
          The district attorney was presenting before the grand jury evidence of mistreatment of patients at a state- licensed health care facility. S... view full summary
634.Apparent violation of Louisiana motor vehicle law allows initial, investigatory traffic stop, even if no real violation occurred.
State v. Strange, 04-KK-0273 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7
          Defendants Porter and Strange were charged with possession of marijuana with intent to distribute. Defendants were in a Thunderbird travelin... view full summary
635.Defendant has no standing to challenge indictment rendered by unconstitutional procedure.
State v. Mercadel, 2003-KA-3015 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7
          Defendant was indicted by an Orleans Parish grand jury in January, 2003 on a charge of first degree murder, and pled not guilty. In July, 20... view full summary
636.In penalty phase, relatives of victim may testify as to other crimes committed against them by defendant.
State v. Jacobs, 03-KK-3349 (La. 6/25/04) [2 pp.]
From LSCR Volume 12, Issue 7
          Defendant's supervisory writ granted: "In the event that retrial of this case reaches a penalty phase at which Ghebrab and Aseghedec Ghebrzi... view full summary
637.Brady violation results in reversal of murder conviction.
State v. Bright, 02-KP-2793 (La. 5/25/04) [11 pp.]
From LSCR Volume 12, Issue 6
          Defendant was convicted and sentenced to life in 1996 for a murder during an armed robbery at a bar. The only evidence linking defendant wit... view full summary
638.Request for extradition of out-of-state defendant, without more, does not interrupt prescription of prosecution.
State v. Thomas Bobo, 2003-KK-2362 (La. 4/30/04) [17 pp.]
From LSCR Volume 12, Issue 6
          In September and October, 1998, Thomas Bobo, living in Stafford, Texas, sold heroin by mail to an individual in Ouachita Parish, Louisiana. ... view full summary
639.Circumstantial evidence and jailhouse informant sufficient to convict; capital sentence affirmed.
State v. Darrell James Robinson, 2002-KA-1869 (La. 4/14/04) [36 pp.]
From LSCR Volume 12, Issue 5
Defendant was found guilty by a jury on four counts of first degree murder, and sentenced to death, for the shooting deaths of his former drinking companion Billy Lambert, Lambert's sister Carol Hoop... view full summary
640.Habitual offender hearings: State must be given notice of alleged defects in prior conviction.
State v. Townsend, 04-K-0005 (La. 4/23/04) [2 pp.]
From LSCR Volume 12, Issue 5
"Granted. We assume for present purposes that the court of appeal correctly found that the documentary evidence introduced by the state at the habitual offender hearing to carry its initial burden un... view full summary
641.Guilty plea suspends the running of the time to try the defendant.
State v. Allen, 2003-KK-2815 (La. 4/23/04) [11 pp.]
From LSCR Volume 12, Issue 5
Defendant and an accomplice were charged with attempted murder. Four months after he was charged, defendant entered a plea of guilty in return for his testimony against the accomplice. Eight months l... view full summary
642.Error to restrict cross-examination regarding pending criminal charges and plea agreements with the State.
State v. Burbank, 02-K-1407 (La. 4/23/04) [4 pp.]
From LSCR Volume 12, Issue 5
Defendant Burbank appeals his conviction of murder. At trial, the district court sustained the State's objections to defense cross-examination seeking to prove that (1) the State's witness, Cassandra... view full summary
643.Gun by defendant's feet in a car sufficient to prove possession of firearm.
State v. Johnson, 03-K-1228 (La. 4/14/04) [12 pp.]
From LSCR Volume 12, Issue 5
Defendant was convicted of possession of a firearm by a convicted felon. On the night of the arrest, police were answering a disturbance complaint at a motel when they noticed a small child standing ... view full summary
644.Breach of "open file" discovery agreement was harmless error.
State v. Garrick, 2003-K-0137 (La. 4/14/04) [9 pp.]
From LSCR Volume 12, Issue 5
Defendant appeals his conviction of armed robbery. Defendant's two companions, Guidry and Kelly, robbed a bank while defendant waited in the car. Defendant gave a statement to police that he was an i... view full summary
645.Lessened habitual offender penalties not retroactive.
State v. Danny Parker, 2003-K-0924 (La. 04/14/04) [24 pp.]
From LSCR Volume 12, Issue 5
Tried and convicted by jury on 2 counts of possession of controlled dangerous substances, and previously convicted of aggravated battery and possession of cocaine, defendant Parker was adjudicated a ... view full summary
646.D.A. and Assistant D.A. properly sequestered during recusal hearing. See State v. Nomey, 2004-KK-0401 (La. 4/2/04), reported under "Evidence," supra. Defendant found competent to stand trial, nunc pro tunc, after conviction.
State v. Snyder, 1998-KA-1078 (La. 4/14/04) [12 pp.]
From LSCR Volume 12, Issue 4
          Defendant's conviction of first degree murder and sentence of death were previously affirmed conditionally by the Court in State v. Snyder, ... view full summary
647.Misrepresentations in records submitted to DEQ supports charge of filing false public records.
State v. Advanced Recycling, Inc., 02-K-1889 (La. 4/14/04) [10 pp.]
From LSCR Volume 12, Issue 4
          Defendant corporation, ARI, and its corporate officers individually, were charged with theft and with filing and/or maintaining false public... view full summary
648.Intent to distribute small quantity of heroin proved by circumstantial evidence.
State v. Francois, 2003-K-1313 (La. 4/14/04) [11 pp.]
From LSCR Volume 12, Issue 4
          While investigating an unrelated matter, police discovered the defendants Francois and Kemp in a bedroom in Francois's mother's apartment, d... view full summary
649."Indecent behavior with juveniles" requires awareness by the juvenile.
State v. Interiano, 2003-KA-1760 (La. 2/13/04) [18 pp.]
From LSCR Volume 12, Issue 3

          Defendant's 10-month-old daughter was found by the pediatrician to have contracted gonorrhea. There was no evidence that she was sexuall... view full summary
650.Court of appeal may not reverse suspension of sentence sua sponte.
State v. Parker, 03-K-2736 (La. 2/20/04) [2 pp.]
From LSCR Volume 12, Issue 3
          "Granted. The order of the court of appeal is vacated and the defendant's sentence is reinstated. The state did not move in the district cou... view full summary
651.Prior bad act admissible to show knowledge of right from wrong.
State v. Morgan, 2002-K-3196 (La. 2/21/04) [12 pp.]
From LSCR Volume 12, Issue 2
          Defendant was convicted of aggravated rape of L.C., a juvenile. During the offense, the defendant led L.C. into his house, then locked all d... view full summary
652.Court of appeal erred in failing to entertain out-of-time writ application.
State ex rel. Clavelle v. State of Louisiana, 2002-KH-1244 (La. 12/12/03) [2 pp.]
From LSCR Volume 12, Issue 1
          Relator was unrepresented at the hearing for revocation of his probation. At the end of the hearing, the district judge informed relator tha... view full summary
653.Defense counsel who had previously represented the arresting officer had unwaivable conflict; capital conviction reversed.
State v. Thomas F. Cisco, Jr., 2001-KA-2732 (La.12/03/03) [26 pp.]
From LSCR Volume 11, Issue 12
          Defendant Cisco appeals his conviction of murder and sentence of death. One year after three people were killed in an armed robbery of a con... view full summary
654.Incomplete trial transcript not prejudicial where trial was a swearing match.
State v. Boatner, 03-K-0485 (La. 12/3/03) [11 pp.]
From LSCR Volume 11, Issue 12
          Defendant was convicted by a jury of second-degree murder in a shooting outside a bar. Two eyewitnesses testified at trial that the defendan... view full summary
655.Court of appeal erred in reversing sentence as excessive.
State v. Taves, 2003-K-1518 (La. 12/3/03) [8 pp.]
From LSCR Volume 11, Issue 12
          Defendant appeals his conviction of false imprisonment and second degree kidnapping, as a result of a month-long incident in February, 2000.... view full summary
656.Specific intent can be formed in an instant; capital conviction affirmed.
State v. Legrand, 2002-KA-1462 (La.12/03/03) [28 pp.]
From LSCR Volume 11, Issue 12
          Defendant Legrand was 26 years old in May, 1999, when he stabbed an acquaintance over 25 times with a variety of utensils, including knives,... view full summary
657.Juror may favor the credibility of police officers because of their "training."
State v. Kang, 2002-K-2812 (La. 10/21/03) [10 pp.]
From LSCR Volume 11, Issue 11
          Defendant was convicted of second degree murder for a drive-by shooting. He moved for new trial on the ground of the district court's refusa... view full summary
658.Smuggling items that are "contraband" under prison rules is not a criminal offense; statute held unconstitutional.
State v. Corey Miller, 2003-KK-0206 (La. 10/21/03) [13 pp.]
From LSCR Volume 11, Issue 11
          When deputies at the Jefferson Parish Correctional Center ("JPCC") found a silver-colored cellular phone plugged into a charger behind a TV ... view full summary
659.Copious blood loss insufficient to support conviction for second degree battery.
State v. Jason Helou, 2002-K-2302 (La. 10/23/03) [16 pp.]
From LSCR Volume 11, Issue 11
          Defendant appeals his conviction of second degree battery. Mr. and Mrs. Floyd Richard were in a store parking lot in Lafayette when a young ... view full summary
660.Arrest was not unlawful; defendant's resistance supports his conviction.
State v. Chance Ceaser, 2000-K-3021 (La. 10/21/03) [14 pp.]
From LSCR Volume 11, Issue 10
          Responding to a report of a domestic disturbance at the home of Ms. Millie Ceaser on April 9,2001, police officers Noel and Stagg found defe... view full summary
661.Police had no reasonable suspicion to stop defendants; drug conviction reversed.
State v. Derek Temple, 2002-K-1895 (La. 9/9/2003)[12 pp.]
From LSCR Volume 11, Issue 9
          Defendant was convicted of possession of cocaine with intent to distribute. Responding to an attempted burglary report in a housing project,... view full summary
662.Conviction can be affirmed if evidence supports either of two cumulative charges.
State v. Matthews, 02-K-1121 (La. 9/19/03) [2 pp.]
From LSCR Volume 11, Issue 9
          Defendant embezzled by making a check out to a fictitious payee, and indorsing the fictitious payee's signature. He was charged with both fa... view full summary
663.Misinformation regarding eligibility for good time is colorable due process violation.
State v. Miles, 02-KH-183 (La. 9/5/03) [1 p.]
From LSCR Volume 11, Issue 9
          The Court granted relator convict's application in a brief per curiam: "The district court is ordered to appoint counsel for relator and to ... view full summary
664.Right to resist unlawful arrest does not permit resistance to unlawful stop-and-frisk.
State v. Jeremy Sims, 2000-K-2208 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 8
          Defendant, an 18-year-old, was wrongly stopped on suspicion of violating evening curfew for minors, was convicted of possession of cocaine f... view full summary
665.Unauthorized entry conviction affirmed.
State v. Davis, 02-K-1043 (La. 6/27/03) [4 pp.]
From LSCR Volume 11, Issue 8
          Defendant was convicted of unauthorized entry of an inhabited dwelling, La.R.S. S 14:62.3(A). The victim , a self-confessed cocaine addict, ... view full summary
666.Municipal convictions available for impeachment; overruling controlling precedent.
State v. Tolbert, 2003-KK-0330 (La. 6/27/03) [10 pp.]
From LSCR Volume 11, Issue 7
          Defendant, a New Orleans police officer, was charged with aggravated crime against nature, for allegedly stopping defendant on the street, d... view full summary
667.Flawed random allotment procedure not reversible error.
State v. Broussard, 2003-KK-1340 (La. 6/26/03) [2 pp.]
From LSCR Volume 11, Issue 7
          Defendant's capital case was assigned to his judge by random allotment, under which capital cases were assigned randomly, one to each judge,... view full summary
668.Capital sentence affirmed.
State v. Sedwric E. Clark, 2002-KA-1463(La.6/27/02) [90 pp.]
From LSCR Volume 11, Issue 7
          Defendant appeals his conviction and sentence of death. In early morning February 13,2000, defendant Clark stabbed to death with a kitchen k... view full summary
669.State cannot withhold names of potential witnesses on safety grounds.
State v. Miller, 03-KK-0796 (La. 6/4/03) [3 pp.]
From LSCR Volume 11, Issue 6
          The State opposed Brady/Giglio defendant's discovery requesting a list of potential witnesses, on the ground that it places the witnesses at... view full summary
670.Victim's post-traumatic stress disorder inadmissible as substantive proof of sex abuse.
State of Louisiana v. Chauvin,2002-K-1188 (La. 5/20/03) [20 pp.]
From LSCR Volume 11, Issue 6
          At defendant's trial on two counts of indecent behavior with a juvenile, and over his objection, the State was allowed to introduce the expe... view full summary
671."Shoot the burglar" statute does not justify shooting of friend in defendant's house.
State in the Interest of D.P.B., 022-CK-1742 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6
          The juvenile, defendant D.P.B., was adjudicated a delinquent for the crime of manslaughter, La.R.S. S 14:31. Defendant and J.P.R. had been f... view full summary
672.No laboratory proof necessary to establish that substance was cocaine.
State v. Harris, 2002-K-1589 (La. 5/20/03) [9 pp.]
From LSCR Volume 11, Issue 6
          Police officers observed defendant on the street selling cocaine that he kept in a paper bag hidden within nearby shrubbery. After arrest, t... view full summary
673.While one count in a joint indictment was still pending on appeal, the state timely re-indicted on another count.
State v. Washington, 2002-KK-1346 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6
          Defendant was indicted jointly in a single true bill for armed robbery and aggravated rape. Defendant never moved to sever the charges. Afte... view full summary
674.Circumstantial evidence sufficient to convict of manslaughter. State v. Donald Brown, 2002-K-1922 (La.
5/20/03) [10 pp.]
From LSCR Volume 11, Issue 6
          Defendant appeals his conviction of manslaughter. The naked body of Kathryn Rankin was found about in the morning on April 7, 1999, along a ... view full summary
675.Mere possession of used crack pipe sufficient to convict of possession of cocaine.
State v. Sylvia, 01-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 5
Defendant appeals his conviction of attempted possession of cocaine. Defendant and another man were in a fist fight when police arrived. Both were intoxicated. Police arrested the two for public into... view full summary
676.Plea with reservation of right to appeal includes right to appeal evidentiary rulings.
State v. Joseph, 03-K-315 (La. 5/16/03) [2 pp.]
From LSCR Volume 11, Issue 5
Defendant pled guilty, with a reservation of right to appeal, but failed to specify which pretrial rulings he desired to reserve for appeal. Such failure as part of a guilty plea entered pursuant to ... view full summary
677.Nolle prosequi then re-indictment "continuance" not a speedy trial violation.
State v. Love, 2000-K-3347 (La. 5/23/03) [21 pp.]
From LSCR Volume 11, Issue 5
Defendant was charged with possession of cocaine with intent to distribute. ATF Agent Brown observed defendant discard a paper bag which later was determined to hold cocaine. Defendant's first trial ... view full summary
678.Capital conviction affirmed.
State v. Tate, 2001-KA-1658 (La. 5/20/03) [29 pp.]
From LSCR Volume 11, Issue 5
Defendant appeals his conviction of first-degree murder of three people by drive-by shooting during an armed robbery. Defendant and his accomplices, driving defendant's Cutlass, chased four other men... view full summary
679.Cutting off cross-examination of victim regarding drug plea held reversible error.
State v. Willia ms, 2002-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 4
          Defendant was identified as one of three men who invaded the trailer homes of victim Ancar and his sister, demanded drugs and money, and the... view full summary
680.Felon's failure to divest himself of weapon in borrowed car supports possession conviction.
State v. Dab ney, 2002-K-0934 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendan t, a previously-convicted felon, was convicted of possession of a firearm by a convicted felon, and possession of a firearm while i... view full summary
681.Where probable cause exists for holding an automobile to apply for a warrant, an immediate, warrantless search is justified.
State v. Thompson, 02-K-0333 (La. 4/9 /03) [11 pp.]
From LSCR Volume 11, Issue 4
          Police received a tip from an untested confidential informant that defendant was dealing illegal drugs at a house. The informant provided a ... view full summary
682.Quashing of multiple offender bill on ground of delay reversed.
State v. Toney, 02-K-0992 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of possession of cocaine with intent to distribute; and on the same day, the state filed a multiple offender bill ch... view full summary
683.Sex offenders must register; no waiver allowed.
State v. Patin, 2002-K-1126 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of carnal knowledge of a juvenile, and petitioned the court for relief from the registration and notification requir... view full summary
684.Forgery conviction reversed, where defendant did not write the forged check.
State v. Fields, 2002-K-0388 (La. 3/8/03) [8 pp.]
From LSCR Volume 11, Issue 3
          Defendant appeals a conviction of forgery. Defendant entered Mobile One, a stereo store, and selected stereo equipment. He told the salesman... view full summary
685.Continuance for defendant to substitute counsel interrupted one- year period for retrial.
State v. Brooks, 02-K-0792 (La. 2/14/03) [9 pp.]
From LSCR Volume 11, Issue 2
          Defendant was indicted for second-degree murder and convicted of manslaughter; and the conviction was reversed on appeal and remanded. Writs... view full summary
686.Expert opinion inadmissible to counter "lustful disposition" evidence.
State v. Hughes, 02-KK-2455 (La. 1/31/03) [9 pp.]
From LSCR Volume 11, Issue 2
          Defendant was charged with sexual molestation of his stepdaughter over a period of four years. Newly-enacted La. Code Evid. art. 412.2(A) pr... view full summary
687.Dialogue captured in video tape of drug transaction was res gestae.
State v. Irvin Brooks, 01-K-0785 (La. 1/14/03) [5 pp.]
From LSCR Volume 11, Issue 1
          Defendant was convicted of distribution of cocaine. At trial, the jury during deliberations was allowed, upon their request, to review porti... view full summary
688.Savage beating supports "specific intent to kill" for attempted murder.
State v. Bishop, 01-K-2548 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1
          Defendant and an accomplice savagely and thoroughly beat an old man, cut him with a knife and broken bottle, and left him in a clump of bush... view full summary
689.Robber's sentence that was twice as long as codefendant's not excessive.
State v. Donald K. Smith, 2001-K-2574 (La. 1/14/03) [7 pp.]
From LSCR Volume 11, Issue 1
          Defendant and his codefendant Johnson were convicted of the armed robbery of $400,000 in jewelry from a store in a shopping mall. During the... view full summary
690.Res gestae crime spree admissible; death sentence affirmed.
State v. Michael Taylor, 2001-KA-1638 (La. 1/14/03) [37 pp.]
From LSCR Volume 11, Issue 1
          Defendant appeals his conviction of first-degree murder and sentence of death. The evidence showed that defendant and his codefendant Timoth... view full summary
691.Male officers' detention of female suspect while female officer arrived for pat-down not an arrest.
State v. Alisha Adams, 2001-KK-3231 (La. 1/14/03) [8 pp.]
From LSCR Volume 11, Issue 1
          Officers observed defendant, in a high crime area, run and hide from police as soon as she saw the police car. As she ran, she appeared to r... view full summary
692.Pervasive child abuse sufficient to prove specific intent; capital sentence affirmed.
State v. Wright, 01-KA-0322 (La. 12/4/02) [27 pp.]
From LSCR Volume 10, Issue 12
Defendant was convicted and sentenced to death for first-degree murder. Defendant's girlfriend's six- year-old daughter collapsed in a Dairy Queen, lapsed into a coma, and died. The victim's body was... view full summary
693.Defendant's request for a lawyer before she was questioned insufficient to invoke 6th Amendment right to counsel.
State v. Payne, 2001-KK-3196 (La. 12/4/02) [16 pp.]
From LSCR Volume 10, Issue 12
Defendant was questioned in connection with the child abuse death of her foster child. Police received consent to search her home. Both defendant and her friend, Ms. Davis, testified that defendant h... view full summary
694.No particular crime need be established in affidavit in support of search warrant.
State v. Green, 2002-KK-1022 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12
The four-year-old son of defendants was admitted to the hospital with second- and third-degree burns over 50% of his body. Investigating officers took a Mirandized statement from the parents in which... view full summary
695.Supervisory writ granted: Prior bad acts admissible to show felonious intent.
State v. Morris, 02-KK-1778 (La. 12/4/02) [1 p.]
From LSCR Volume 10, Issue 12
Writ granted. "[T]he ruling of the trial court on the state's notice of intent to introduce evidence of defendant's acts of violence and threats against the victim, both during and after their relati... view full summary
696.Mental retardation exempts a defendant from capital punishment and must be determined pretrial;
overruling controlling precedent. State v. Williams, 2001-KA-1650 (La. 11/1/02) [33 pp.]
From LSCR Volume 10, Issue 11
Defendant was convicted of first-degree murder of a pizza delivery man during the course of an armed robbery, and was sentenced to death. Defendant asserted inter alia, the following errors at trial:... view full summary
697."Big fish/little fish" statement by arrestee constituted probable cause to arrest another.
State v. Hills, 01-K-0723 (La. 11/8/02) [8 pp.]
From LSCR Volume 10, Issue 11
Defendant appeals his conviction of possession of cocaine with intent to distribute. Police officers had received a tip from an informant that "James" was selling cocaine in a certain location. Surve... view full summary
698.Capital murder case remanded for mental retardation hearing, otherwise affirmed.
State v. Dunn, 2001-CA-1635 (La. 11/1/02) [32 pp.]
From LSCR Volume 10, Issue 11
Defendant appeals his conviction for first-degree murder and sentence of death. Defendant and two others, Breaux and Scott, entered a bank in Napoleonville, robbed it at gunpoint, and then murdered t... view full summary
699."Heat run," with other circumstances, provided probable cause for arrest.
State v. Vauchon Cojoe, 01-KK-2465 (La. 10/25/02) [7 pp.]
From LSCR Volume 10, Issue 11
Defendant was charged with possession with intent to distribute cocaine. DEA agents had learned from confidential informants that an individual named Lumar was involved in a drug distribution operati... view full summary
700.Harsh sentence correct, despite leniency in federal court.
State v. Phillips, 02-K-0737 (La. 11/15/02) [1 p.]
From LSCR Volume 10, Issue 11
In a brief per curiam opinion, the Court affirmed the district court's strict sentencing of defendant, despite the fact that defendant's cooperation with federal authorities earned him a mild penalty... view full summary
701.Failure to hold competence hearing nullifies murder conviction.
State ex rel. Seals v. State, 00-KP-2738 (La. 10/25/02) [10 pp.]
From LSCR Volume 10, Issue 10
Defendant was indicted in 1991 for first-degree murder of a cab driver during the course of an armed robbery. Prior to trial, defendant moved for a psychiatric evaluation to determine competence to s... view full summary
702.Failure to disclose Brady material improper; conviction vacated.
State v. Richard Kemp, 00-K-2228 (La. 10/15/02) [9 pp.]
From LSCR Volume 10, Issue 10
Defendant was convicted in the shooting death of "Boo" Landry, who was attempting to mediate a fistfight between Landry's brother and defendant's friend. The decedent, Landry, was a large man who was... view full summary
703.Guest in house convicted of constructive possession.
State v. Toups, 2001-K-1875 (La. 10/15/02) [8 pp.]
From LSCR Volume 10, Issue 10
Defendant Toups was in the house with codefendant Williams when the police executed a search warrant for Williams's home. Both individuals were seated three feet from a coffee table, engaged in conve... view full summary
704."Imperfect" guilty plea transcript acceptable for habitual offender sentencing.
State v. Zachary, 01-KK-3191 (La. 10/25/02) [6 pp.]
From LSCR Volume 10, Issue 10
Defendant was originally indicted with another individual on first-degree murder, but eventually faced trial for obstruction of justice. After a guilty verdict, the state filed an habitual offender b... view full summary
705."Partial guilty plea" article constitutional in capital case; death sentence affirmed.
State v. Louviere, 00-K-2085 (La. 9/4/02) [36 pp.]
From LSCR Volume 10, Issue 9
Defendant was convicted of first-degree murder and sentenced to death. Defendant, a sheriff's deputy, went on a criminal rampage, pulling over a motorist and raping her, then proceeding to the bank w... view full summary
706.Admonishment of the jury obviates mistrial in the absence of clear prejudice.
State v. Ducre, 01-K-2778 (La. 9/13/02) [2 pp.]
From LSCR Volume 10, Issue 9
Defendant was convicted of distribution of cocaine. During trial, the arresting officer referred to the cocaine in defendant's possession as a "distribution amount." Defendant objected and moved for ... view full summary
707.Notes from defendant's psychiatric evaluation not discoverable by the state.
State v. Antoinette Frank, 01-KP-2055 (La. 8/30/02) [1 p.]
From LSCR Volume 10, Issue 9
The state sought production of notes from a psychiatric evaluation of defendant, and the district court granted relief.
          The Court grant... view full summary
708.Random reallotment article retroactive.
State v. Washington, 02-KK-2196 (La. 9/13/02) [3 pp.]
From LSCR Volume 10, Issue 9
Felony defendant moved to recuse the district judge presiding over his case, Judge Louis Daniel. The motion was allotted to a different judge of the court, Bonnie Jackson, who granted the motion, rec... view full summary
709.Officer allowed to testify as to defendant's outstanding warrants.
State v. Nathaniel Payton, 02-KK-2254 (La. 9/4/02) [1 p.]
From LSCR Volume 10, Issue 9
On writ of certiorari: "Testimony of the police officers concerning the existence of outstanding attachments for defendant's arrest is admissible because it explains why the police conducted a second... view full summary
710.Batson violation requires new trial for capital murderer.
State of Louisiana v. Edward Irvin Harris, 2001-KA-0408 (La. 6/21/02) [11 pp.]
From LSCR Volume 10, Issue 7
Defendant, a black male, was convicted of the drive-by murder of a rival drug dealer and a woman walking with him (first degree). At trial, the state peremptorily struck the first black venireman. Th... view full summary
711.Evidence suppressed: police did not make full disclosure in applying for the warrant.
State of Louisiana v. Ditra S. Horton, 01-KK-2529 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7
Defendants were charged with distribution of narcotics, and moved to suppress the evidence. Police had received information from a confidential informant ("CI") that individuals matching the descript... view full summary
712.Defendant is subject to statutory penalty as of the date of the offense, even if the penalty has been lessened as of the date of sentencing.
State v. Daniel Sugasti, 01-K-3407 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7
Defendant pled guilty to possession of heroin. At the time of the offense, and at the time of conviction, the applicable criminal statute, La.R.S. S 40:966(C)(1), disallowed probation or suspension o... view full summary
713.Lessened DWI penalties apply retroactively.
State v. Michael Mayeux, 01-KK-3195 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7
Defendant was convicted of DWI, fourth offense. At the time of the offense, the penalties for third and fourth DWI's provided for long mandatory jail terms, after which the defendant could have parti... view full summary
714.Subjective intent to search defendant does not create an "imminent stop."
State of Louisiana v. Ernest J. Dobard, 01-KK-2629 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7
Defendant was charged with possession of cocaine, and moved to suppress the evidence. Defendant was in a bar in a housing project in New Orleans when plainclothes vice police entered the bar to condu... view full summary
715.Evidence suppressed: discovery of narcotics in ceiling panels was not inevitable.
State of Louisiana v. Byron Vigne, 01-KK-2940 (La. 6/21/02) [13 pp.]
From LSCR Volume 10, Issue 7
Police received information from a confidential informant that defendant was wholesaling cocaine from his house. Based upon this evidence, police obtained a search warrant, which authorized the offic... view full summary
716.Prior offense for second possession of marijuana must have been possession, and not some other drug offense.
State v. Serell J. Anders, 01-K-0556 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7
The district judges in two unrelated cases granted defendants' motions to quash bills of information for possession of marijuana, second offense, on the ground that the defendants' previous convictio... view full summary
717.Seat belt stop may provide reasonable suspicion for DWI arrest.
State v. Tenna Benoit, Jr., 01-KK-2712 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5
Defendant was pulled over for failure to wear a seatbelt. The arresting officer, Blanchard, order the defendant from his car. Blanchard noticed that defendant was using the car to steady himself, and... view full summary
718.Time limitation on Habitual Offender Law applies only to the immediately previous felony.
State v. Larry Everett, 00-K-2998 [18 pp.]
From LSCR Volume 10, Issue 5
Defendant was convicted of felonies in 1984 and 1993. In 1993, defendant was not charged as a second-felony offender under the Habitual Offender Law ("HOL"), because the statute provided at the time ... view full summary
719.Judge's participation in plea bargaining renders guilty plea invalid.
State v. Landour Bouie, 2000-K-2934 (La. 5/14/02) [13 pp.]
From LSCR Volume 10, Issue 5
Defendant was charged with second-degree murder. The state alleged that he drove the shooter to the murder scene, where his codefendant shot the victim with a rifle. Prior to trial, the district judg... view full summary
720.Ineffective assistance claim relegated to post-conviction proceedings, when state's evidence was not challenged at trial.
State v. Marva L. Watson a/k/a Lawrence Lackings, 00-K-1580 (La. 5/14/02) [5 pp.]
From LSCR Volume 10, Issue 5
Defendant was convicted of possession of heroin. New Orleans Police Officers saw the defendant holding an object in his fist in the Florida housing project and asked him to open his hand. Defense cou... view full summary
721.Conviction reversed for failure to charge on lesser included offense of criminal trespass.
State v. Eddie Simmons, 01-K-0293 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5
Defendant was charged with unauthorized entry of a dwelling. Prior to trial, defendant requested that the responsive verdict form include criminal trespass as a lesser included offense. The district ... view full summary
722.District court may correct an inadvertent grant of a new trial, even during an appeal.
State v. Michael Williams, 01-K-0554 c/w 01-K-0667 (La. 5/14/02) [13 pp.]
From LSCR Volume 10, Issue 5
Defendant was convicted of second-degree murder. Prior to sentencing, defendant submitted a pro se motion for new trial, with an ex parte order attached granting the same. The court sentenced the def... view full summary
723.Lesser included offense verdict valid.
State v. Shelia Little, 01-K-2218 (La. 3/28/02) [2 pp.]
From LSCR Volume 10, Issue 5
Because lesser and included grades of the charged offense are those in which all of the essential elements of the lesser offense are also essential elements of the greater offense charged, the eviden... view full summary
724.Ineffective assistance claim denied.
State v. Stewart, 00-K-2960 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 5
Defendant was convicted of distribution of cocaine. The court of appeal found that defendant had received ineffective assistance of counsel, and reversed.
      &nbs... view full summary
725.Death sentence affirmed.
State v. Carmouche, 01-KA-0405 (La. 5/14/02) [44 pp.]
From LSCR Volume 10, Issue 5
Defendant was convicted of first-degree murder of his girlfriend and their two children and sentenced to death. On appeal, defendant argued, inter alia, that (1) the trial court should have granted t... view full summary
726.Double jeopardy appeal from guilty plea rejected.
State v. Christopher D. Arnold, 01-KP-1399 (La. 5/14/02) [1 p.]
From LSCR Volume 10, Issue 5
Defendant pled guilty, then appealed his conviction on double jeopardy grounds. The court of appeal reversed.
          The Court granted certior... view full summary
727.Method of picking grand jury foreman unconstitutional; indictment quashed; conviction and sentence reversed.
State v. Ricky Joseph Langley, 95-KA-1489 (La. 4/3/02]
From LSCR Volume 10, Issue 4
Prior to 1999, La. Code Crim. P. art. 413 allowed the district judge to select the grand jury foreman. Defendant was a white male indicted in 1992 of first-degree murder, convicted, and sentenced to ... view full summary
728.Failure to disclose rap sheets, deals with witnesses erroneous, but harmless.
Sta te v. David Henry Bow ie, No. 200 0-K A-3 34 4 (La. 4/3/02) [31 pp.]
From LSCR Volume 10, Issue 4
Defendant was convicted of first degree murder and sentenced to death, and raises four assignments of error: (1) the state failed to disclose evidence of plea bargains or inducements offered to state... view full summary
729.Burglary established by circumstantial evidence.
Sta te v. Steve M . Marcantel, No . 00-KO -16 29 (La. 4/3 /02) [12 pp.]
From LSCR Volume 10, Issue 4
Defendant was convicted of felony theft and possession of firearms. A home was burglarized and several firearms were stolen from it while the victims were on a camping trip. Three state witnesses, ac... view full summary
730.Denial of right to testify a "structural defect" not subject to harmless error standard.
Sta te v. Josep h H am pton, No. 00-KP-05 22 (La. 3/2 2/02 ) [16 pp.]
From LSCR Volume 10, Issue 4
Defendant was convicted of second-degree murder, and filed this ap plication for post-conviction relief. Defense counsel tes tified that during trial, defendant repeatedly asked his couns el to allow... view full summary
731.Reasonable suspicion upheld; probable cause existed for other offense.
Sta te v. Michael J. Frosch, 0 1-K -10 33 (La. 3/2 2/02 ) [2 pp.]
From LSCR Volume 10, Issue 4
Police observed the defendant looking into a truck and jiggling the door handle, at 11:5 0 p .m., in a neighborhood in which many cars had been sto len; and the defendant attempted to flee upon notic... view full summary
732.Triple murderer death sentence affirmed.
State v. LaCaze, 99-KA-0584 (La. 1/25/02) [36 pp.]
From LSCR Volume 10, Issue 3
Defendant LaCaze was the accomplice of former New Orleans Police Officer Antoinette Frank, and was convicted of first-degree murder for a triple murder in a restaurant. Defendant argued ineffective a... view full summary
733."Special familiarity" of anonymous tip justifies police stop; all subsequently-obtained evidence admissible.
State v. Fedison, et al., 01-KK-2736 (La. 2/8/02) [2 pp.]
From LSCR Volume 10, Issue 3
Defendants were charged with conspiracy to distribute narcotics. Police received information from a confidential informant that defendant Fedison would be traveling at a certain place, at a certain t... view full summary
734."Cornering" suspect on a front porch not a warrantless stop or imminent stop.
State v. Jackson, 00-K-3083 (La. 3/15/02) [4 pp.]
From LSCR Volume 10, Issue 3
Defendant was identified by a confidential informant as selling cocaine at a certain place and time. Police officers in an unmarked car drove to the location, saw defendant, and approached by car. De... view full summary
735.Officer's entry of front porch not a Fourth Amendment violation.
State v. Brisban, 00-K-3437 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of attempted possession of cocaine. The arresting officer was next door at a guest house, when he noticed that the front porches of the neighboring houses were empty. He knew ... view full summary
736."Habitual offender" convictions can be proved by any competent evidence.
State v. Payton, 00-K-2899 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of two counts of armed robbery, whereupon the state filed a multiple bill of information against defendant as a third-felony habitual offender. At the multiple bill hearing, t... view full summary
737.Discovery violation by the state not prejudicial.
State v. Harris, 00-K-3459 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of manslaughter in the shooting death of his girlfriend. At trial, the state presented the testimony of a witness to the effect that defendant had stated, prior to the shootin... view full summary
738.Defendant need not be advised of possible deportation, a "collateral consequence" of pleading guilty.
State v. Montalban, 2000-KP-2739 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3
Defendant, a citizen of Cost Rica, pled guilty to aggravated criminal damage to property, and received a suspended three-year sentence, and three years probation. He subsequently discovered that his ... view full summary
739.Length of defendant's prior sentence properly admitted as an aggravating factor in penalty phase.
State v. Ball, 00-KA-2277 (La. 1/25/02) [40 pp.]
From LSCR Volume 10, Issue 2
Defendant was convicted of first-degree murder and sentenced to death. He raised the following three assignments of error: (1) At his trial, the state used most of its challenges to strike black juro... view full summary
740."Plain feel" doctrine validates arrest for possession of crack pipe.
State v. Lipscomb, 00-K-2836 (La. 1/25/02) [5 pp.]
From LSCR Volume 10, Issue 2
Defendant was convicted of possession of cocaine. At trial, the arresting officer testified that he felt a cylindrical object in defendant's pocket during a pat down. He removed the object, determine... view full summary
741.Undercover officers' approach of suspect not an "imminent stop."
State v. Johnson, 01-KK-2436 (La. 1/25/02) [4 pp.]
From LSCR Volume 10, Issue 2
Police received an anonymous tip that a man matching defendant's description was selling heroin at a certai n location. Undercover police officers in an unmarked car drove to the location, and observ... view full summary
742.Delay attributable to defense tolls the speedy trial clock day for day.
State v. Green, 01-KK-3358 (La. 2/1/02) [7 pp.]
From LSCR Volume 10, Issue 2
Defendant Green was indicted on January 11, 2001 for second-degree murder. He was arraigned on February 13, and trial set for May 14. On March 16, Green's Indigent Defender Board ("IDB") counsel move... view full summary
743.State expert permitted to testify that the "purpose" of a gunshot was to cause death.
State v. Irish, 00-KA-2086 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1
          Defendant was convicted of first-degree murder of his landlord during an armed robbery of the landlord, was sentenced to death, and filed a ... view full summary
744.Defendant's confession to probation officer admissible.
State v. Maise, 2000-K-1158 (La. 1/15/02) [19 pp.]
From LSCR Volume 10, Issue 1
          Defendant appeals his conviction of aggravated rape of his six-year-old cousin, C.M. The victim testified that defendant had anally penetrat... view full summary
745.Shooter's specific intent not imputable to nonshooter in murder case.
State v. Bridgewater, 00-KA-1529 (La. 1/15/02) [37 pp.]
From LSCR Volume 10, Issue 1
          Defendant appeals his conviction of first-degree murder. Defendant and an accomplice entered the victims' house for the purpose of committin... view full summary
746.Conviction not necessary for the court to find criminal conduct in violation of probation.
State v. Dorest, 01-KP-0581 (La. 1/15/02) [1 p.]
From LSCR Volume 10, Issue 1
          Defendant's probation was revoked when the district court found that he had committed a misdemeanor. The court of appeal reversed, on the gr... view full summary
747.Prosecutor held in contempt of court.
In re: Lionel "Lon" Burns, 01-KK-1080 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 12
          Defendant, a New Orleans assistant district attorney, was lead prosecutor in the third trial of George Lee, a former New Orleans police offi... view full summary
748.Evidence of prior bad act held harmless error.
State v. Grey, 00-K-1507 (La. 12/7/01) [6 pp.]
From LSCR Volume 9, Issue 12
          Defendant was convicted of second-degree murder of her roommate. In an effort to destroy defendant's credibility, the state sought to show t... view full summary
749.Defendant prohibited from impeaching victim with her statements about prior drug use.
State v. Jackson, 00-K-1573 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Defendant was convicted of rape. During trial, the victim admitted under cross-examination that she had used marijuana on prior occasions, a... view full summary
750.Non-English-speaking, nonindigent defendant entitled to court- appointed translator.
State v. Lopez, 01-KK-1383 (La. 12/7/01) [8 pp.]
From LSCR Volume 9, Issue 12
          Defendant, a citizen of Brazil whose native language is Portuguese, was charged with forcible rape. Defense counsel moved for a court-appoin... view full summary
751.Failure to assert insanity defense not ineffective assistance.
State v. Roman, 00-K-1705 (La. 12/7/01) [7 pp]
From LSCR Volume 9, Issue 12
          Defendant was convicted of threatening his neighbors with a gun. Defendant filed a motion for new trial on the ground that defense counsel h... view full summary
752.Suspect's flight justifies investigatory stop.
State v. McDaniels, 01-K-0305 (La. 12/7/01) [2 pp.]
From LSCR Volume 9, Issue 12
          Defendant was orally accosted by police officers and reacted by attempting to flee. When he was caught, he spat three bags of marijuana from... view full summary
753.Police forcible entry must occur within a reasonable time after a knock-and-announce.
State v. Williams, 01-KK-0732 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 12
          Defendant moved to suppress drugs seized pursuant to search warrant. Police knocked on defendant's door and announced themselves at 5:00 a.m... view full summary
754.Method of allotment of cases invalid.
State v. Rideau, 01-KK-3146 (La. 11/29/01) [2 pp.]
From LSCR Volume 9, Issue 12
          The capital cases in the 14t hJ.D.C. were allotted using a lottery in which a judge's name was drawn randomly and allotted the case, and the... view full summary
755.Defendant has the right to cross-examine a witness as to bias or interest resulting from arrests or pending charges, not just prior convictions.
State v. Vernon Goodlow, 00-KO-3488 (La. 11/21/01) [2 pp.]
From LSCR Volume 9, Issue 11
          At defendant's criminal trial, the district court had reviewed the victim's rap sheet in camera, and did not order the state to produce it b... view full summary
756.Court of appeal may sua sponte impose a harsher sentence, when only the defendant has appealed, distinguishing controlling precedent
State v. Sidney Williams, 00-K-1725 (La. 11/28/01) [17 pp.]
From LSCR Volume 9, Issue 11
          Defendant was convicted of a third DWI and sentenced to three years imprisonment, suspended, and three years active probation and home incar... view full summary
757.Robbery conviction reversed
State v. Earl Blake Young, 00-K-1437 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 11
          The evidence indicates that the victim was in his convenience store when defendant jumped on him and attempted to choke him, saying "I got y... view full summary
758.Prosecution expert allowed to testify as to ultimate issue; death sentence affirmed.
State v. Deal, 00-KA-0434 (La. 11/28/01) [20 pp.]
From LSCR Volume 9, Issue 11
          Defendant was convicted of first-degree murder of his two month old son by forcing a twisted paper towel down the infant's throat and throwi... view full summary
759.Theft of goods statute constitutional.
State v. Dwayne Fleury, No. 01-KA-0871 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Defendant was charged with "theft of goods" valued between $100 and $500, in violation of La.R.S. S 14:67.10. He moved to quash the bill of ... view full summary
760.Defendant allowed to withdraw guilty plea when sentence was increased after PSI.
State v. Kenneth R. Trahan, No. 99-K-3470 (La. 10/5/01) [4 pp.]
From LSCR Volume 9, Issue 10
          A handwritten note on defendant's guilty-plea form read "PSI (2 years susp., 2 years active probation, 1 year OPP to be served on weekends).... view full summary
761.Validity of waiver of counsel and guilty plea is based upon entire record
State v. Vaughn E. Hinson, No. 01-KK-1548 (La. 9/14/01) [2 pp.]
From LSCR Volume 9, Issue 9
          The Court granted certiorari and reversed the trial court's granting of the defendant's motion to quash the bill of information and ruling t... view full summary
762.Double jeopardy permits conviction on more than one count, when separate acts violate the same statute
State v. Earnest L. Murray, No. 00-K-1258 (La. 9/18/01) [6 pp.]
From LSCR Volume 9, Issue 9
          Defendant was convicted of two counts of attempted first degree murder, La.R.S. Section 14:30(A)(3) ("[w]hen the offender has a specific int... view full summary
763.Aggravated flight from officer could be based on repeated occurrence of enumerated act.
State v. Randy Lee Turner, 2018-K-0780 (La. 05/08/2019) [9 pp.]
From LSCR Volume 5, Issue 27
     Defendant was charged with aggravated flight from an officer under La. R.S. Section 14:108.1. The statute defines the crime in pertinent part as "the intentional refusal o... view full summary
764.Court of appeal erred in resentencing defendant after finding sentence excessive.
State v. Julius Hankton, 2018-K-1457 (La. 05/20/2019) [1 p.]
From LSCR Volume 5, Issue 27
     Defendant was convicted of one count of possession with intent to distribute heroin, four counts of possession of a firearm by a convicted felon, and one count of possessi... view full summary
765.Brady claim overcame procedural bars to habeas application.
State v. Bruce Alvin Robertson, 2018-KH-1006 (La. 05/20/2019) [1 p.]
From LSCR Volume 5, Issue 27
     Defendant filed an application for post-conviction relief, claiming a violation of Brady v.
     Maryland, 373 U.S. 83 (1963). The di... view full summary
766.Alleged errors in admitting testimony of screening prosecutor at trial must be reviewed under plain error standard.
State v. Willard Anthony, 2019-K-0476 (La. 06/26/19) [1 p].
From LSCR Volume 0, Issue 0
    
     Defendant was convicted of aggravated rape, human trafficking, second degree battery, sexual battery, and being a felon in possessi... view full summary