Baton Rouge Criminal Lawyers Blog

Prosecutors appeal suspension of negligent homicide sentence

Earlier this month, a Louisiana district court judge suspended the two-year sentence of a Donaldson man who was convicted of negligent homicide in connection with the 1994 death of a 10-week old St. Amant girl. On Monday, the Louisiana Attorney General’s Office initiated an appeal of that decision.

The state reportedly seeks to supplement the record and requested the transcript of the May 3 hearing that led to the decision. The Donaldson man was 19 years old when the accident took place. According to sources, the infant was unrestrained at the time of the accident, and was ejected from the vehicle. It was later discovered that the man had a blood alcohol content fo .08 percent. Nowadays, that is over the state’s threshold for presumptive drunken driving, but back then it was not. 

Louisiana judge denies request for shortened prison sentence

Derek Quebedeaux, a Louisiana man sentenced to 12 years imprisonment for driving while under the influence of alcohol and killing three college students, asked for a reduced prison sentence on Wednesday. That sentence was delivered following Quebedeaux’s conviction on three counts of vehicular homicide, two counts of first-degree vehicular negligent injuring and five counts of felony hit-and-run. He asked for credit for time served while he was not in jail but electronically monitored, but that request was denied.

The deadly accident occurred back in back in 2009 when he drove his pickup into his roommate and a crowd of other students, many of whom were his friends, after leaving a night of drinking at a club. 

Military faces criticism over handling of sexual assault cases

According to a new report from the Pentagon, sexual assaults are a growing problem in all branches of the military. New numbers show that approximately 26,000 military members may have been sexually assaulted in 2012. And thousands of victims, it is estimated, are still unwilling to come forward despite the fact that there new oversight and assistance programs have been implemented.

Documents show that reported sexual assaults in the military rose 6 percent to 3,374 in 2012, but a survey of personnel not required to reveal their identities suggested the number could be as high as 26,000, most of these being unreported. That number is up from the 19,000 estimated for 2011. 

Woman faces up to 20 years for fraud on disaster relief organization

Last month, a Slidell woman who apparently lost her job as a cook at a seafood restaurant as a result of the 2010 Deepwater Horizon disaster pleaded guilty in federal court to charges of wire fraud. According to prosecutors in the case, she admitted to sending false earnings statements to a disaster assistance organization in exchange for money.

The 36-year-old woman now faces up to 20 years in prison, as well as three years of supervised release and up to a $250,000 fine when at sentencing. The claim was filed in September 2010 with the Gulf Coast Claims Facility, an organization that dispensed disaster assistance funds to those affected by the Gulf of Mexico oil spill. Houston was accused of wiring a fraudulent earning statement to the Gulf Coast Claims Facility, claiming to have lost $8,640 due to the disaster.

Young man accused of murders to face possible life in prison without parole

Last Friday, 20-year-old Michal Louding was convicted of murdering Terry Boyd in Baton Rouge in 2009. Louding, about whom we’ve previously written, testified last year during the first-degree murder trial of rapper Torence Hatch. The latter was acquitted in May of hiring Louding to kill Boyd, but Louding was unanimously found guilty of first-degree murder by a different jury in East Baton Rouge.

Prosecutors in the case say that Louding lied during the Hatch murder trial. He did not, however, testify at his own trial, though jurors viewed his videotaped police statements from May 2010 in which he confessed to shooting Boyd. 

US high court issues decision in case involving marijuana and mandatory deportation

When an American citizen is charged with marijuana possession in Louisiana, the penalties can range from up to six months in jail and a maximum $500 fine to up to 40 years in prison and a fine as high as $400,000 - depending on the amount of marijuana found in the person's possession and the number of prior offenses.

A recent U.S. Supreme Court case illustrated that the penalties can be much more severe when the individual accused of the crime is a legal resident in the United States, but not a citizen. The case involved a man who came, with his parents, to the United States when he was only three years of age. He had been in legal status in the U.S. since he arrived in the country in 1984.

Commanding officer defends overturning sex crime verdict (326)

A military officer who overturned a sexual assault case that had been filed against his fellow service member has defended his decision, citing information that ultimately discredited the alleged victim.

The defendant in the case, a lieutenant colonel, was exonerated by a lieutenant general who overturned a guilty verdict in connection with the sexual assault charges. Although the action has triggered questions about the military's legal structure, the higher-ranking officer argues that he was justified in his actions, considering the nature of the case.

Prescription drug abuse a growing national problem among teens

According to a new survey conducted by The Partnership at Drugfree.org, as well as MetLife Foundation, prescription drug abuse among teens is a growing national problem. Since 2008, the number of high school students abusing prescription drugs has risen from 33 percent, with 13 percent of teens acknowledging having experimented at least once with either Ritalin or Adderall that was not prescribed to them.

The survey found that 20 percent of teens who admitted to having abused prescription drugs said their first experience occurred before the age of 14. Around 27 percent of these teens said they mistakenly believed that prescription drug abuse is safer than taking street drugs.

Comedian charged with DUI after near accident

Comedian Kevin Hart-who performed at the Baton Rouge River Center last August-was recently arrested on suspicion of drunken driving after his Mercedes came close to colliding with a tanker truck on a freeway in Southern California. According to California Highway Patrol, Hart appeared intoxicated when he was pulled over in the early morning hours on Sunday in Los Angeles.

Police said that Hart's vehicle was being driven erratically at over 90 miles per hour immediately prior to the near miss. Hart subsequently failed a sobriety test and was subsequently booked for misdemeanor DUI, then released on Sunday afternoon after paying a $5,000 bond. At the time of the incident, Hart reportedly had a female passenger in his vehicle. She was sent home via taxi after the arrest, apparently unharmed.

Improper police procedure can affect integrity of criminal case

A 26-year-old Baton Rouge man was recently arrested on accusations that he owned videos containing child pornography. The State Attorney General's Office said on Friday that the man had been arrested on counts of pornography involving juveniles and unauthorized use of wireless technology to download pornography involving juveniles.

Sources say that Investigators from the attorney general's High Technology Crime Unit searched the man's home on Friday and found around 50 files involving child pornography. The content of the videos-acts of rape upon young children-is disturbing, making the case a difficult one from the defendant's perspective.

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