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Showing results for LSCR volume 12 LSCR issue 5
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CRIMINAL

1.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
2.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
3.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
4.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
5.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
6.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
STATE AND LOCAL GOVERNMENT

7.Legislative pay raise for certain classified civil servants unconstitutional.
State Civil Service Commission v. Director, Dept. of Public Safety, 2003-CA-1702 (La. 4/4/04) [20 pp.]
From LSCR Volume 12, Issue 5
The Louisiana Legislature, in July, 1999, enacted La.R.S. S 33:2218.2(a)(2)(A), which authorized supplemental pay of $300 a month by the state to law enforcement officers working within the boundarie... view full summary
CRIMINAL

8.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
EVIDENCE

9.Defendant not entitled to challenge laboratory's DNA methodology except in Daubert hearing.
State v. Franklin, 03-KK-3072 (La. 4/23/04) [2 pp.]
From LSCR Volume 12, Issue 5
Writ granted; relief denied. The courts below correctly limited defense discovery related to the State's DNA testing of samples provided by the defendant to the terms of La. Code Crim. P. art. 719, a... view full summary
JUVENILE

10.Defendant may be charged criminally after reaching 21 years old, even though offense was committed at 14.
State v. Havis, 03-KK-2490 (La. 4/30/04) [6 pp.]
From LSCR Volume 12, Issue 5
Defendant was charged with sexual assault of a child under the age of 12 years allegedly committed by relator in 1996 when he was 14 years old. Allegations of the crime did not come to light until ye... view full summary
CIVIL PROCEDURE

11.Physical evidence may show that testimony is speculative; summary judgment entered.
Davy Jones v. Estate of Santiago, 2003-CC-1424 (La. 4/14/04) [14 pp.]
From LSCR Volume 12, Issue 5
Plaintiff Jones sued the estate of his wife's killer, seeking to recover damages under the killer's homeowner's insurance policy. Jones's wife Annissa had left him to live with the killer, Santiago. ... view full summary
12.Uncontradicted evidence of lack of service sufficient to annul judgment.
Hall v. The Folger Coffee Company, 2003-C-1734 (La. 4/14/04) [36 pp.]
From LSCR Volume 12, Issue 5
Plaintiff Roy Hall fell from a platform while delivering coffee cans to the warehouse of the Folger Coffee Company in November, 1994. He obtained a default judgment in the amount of $910,572.70 in da... view full summary
TORTS

13.Recreational use immunity construed; establishing controlling precedent.
Richard v. Hall, 2003-C-1488 (La. 04/23/04) [31 pp.]
From LSCR Volume 12, Issue 5
Loch Leven Plantation leased duck hunting privileges to Screening Systems International, Inc. (SSI), a closely held corporation which paid Loch Leven $10,000 to permit three SSI executives, Watson, H... view full summary