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Showing results for LSCR volume 21 LSCR issue 11
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CRIMINAL

1.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
2.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
3.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
4.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
5.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
SUCCESSIONS

6.Court recalls writ in case alleging breach of duty by independent executor.
Steven M. Davis v. Elmer E. Prescott, III, 2013-C-0669 (La. 11/05/13) [7 pp.]
From LSCR Volume 21, Issue 11

          Edward Thomas Davis died in 2006, leaving five surviving children, including plaintiff, to inherit a tract of immovable property in Cl... view full summary
ADMINISTRATIVE

7.Civil Service Commission properly determined that administrative investigation of police officer's conduct was concluded timely.
Patrick O'Hern v. New Orleans Police Department, 2013-C-1416 (La. 11/08/13) [8 pp.]
From LSCR Volume 21, Issue 11

          Plaintiff was employed as an officer with the New Orleans Police Department (NOPD). While on duty on December 12, 2009, he left his pa... view full summary
BAR / DISCIPLINARY / ETHICS

8.Court orders disbarment where attorney converted funds owed to clients' medical providers.
In Re: LaShanda M. Robinson, 2013-B-1924 (La. 11/15/13) [14 pp.]
From LSCR Volume 21, Issue 11

          This attorney disciplinary matter was instituted when two sets of formal charges were filed against respondent by the Office of Discip... view full summary