Recent Rulings
2010: Counsel was ineffective where he failed to advise defendant that deportation is a collateral consequence of conviction. Padilla v. Kentucky, 559 U.S. ____(2010)
A valuable Practice Advisory on this ruling is available below or you can visit the Immigrant Defense Project at www.defendingimmigrants.org
Padilla Practice Advisory
2010: Hearing on juvenile's competency to be heard in juvenile court when motion filed before transfer. State of Louisiana in the Interest of T.C., 09-1852 (La.App. 1 Cir. 02/12/10); 2010 La. App. LEXIS 231; rehearing denied, State in re T.C., 2010 La. App. LEXIS 250 (La.App.1 Cir. Feb. 23, 2010).
2009: All persons arrested without a warrant for whom a probable cause determination is not made within 48 hours must be immediately released from custody on their own recognizance. State v. Wallace, 09-1621 (La. 11/06/09); 25 So. 3d 720.
2009: Reversal of termination of parental rights. State of Louisiana in the Interest of A.L.D., 09-0820 (La.App. 3 Cir. 11/04/09); 21 So. 3d 1109.
2009: Totality of the circumstances invalidated confession. Important language about juvenile confessions. State of Louisiana in the Interest of J.E.T., 09-67 (La.App. 3 Cir. 05/06/09); 10 So. 3d 1264.
2008: Initial appearance before a judicial officer, where the defendant learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. Rothgery v. Gillespie, 128 S.Ct. 2578 (2008).
2008: Failure to file discovery motion waives important discovery rights. State v. Forest, 08-1474 (La. 07/24/08); 986 So. 2d 667.
Upcoming Training
For more information, contact:LPDB Training Division at
ijoe@lpdb.la.gov
May 23-24, 2013
TBA (all day trainings)
Tulane University Law School
Room TBA
New Orleans, LA
In light of the U.S. Supreme Court’s decision in Miller v. Alabama, Louisiana’s mandatory life without parole sentences for juveniles convicted of first- or second-degree murder are unconstitutional. Under Miller, juveniles convicted of homicide are entitled to individualized sentencing hearings that take into account the child’s individual character, life circumstances, and other mitigating factors, including age, as well as the circumstances of the crime. To assist defense attorneys in preparing for these hearings, the Juvenile Justice Project of Louisiana and the Louisiana Public Defender Board are hosting a ‘Miller v. Alabama Sentencing and Resentencing’ training in Louisiana on May 23 & 24, 2013 at Tulane University Law School.
July 15-16, 2013
TBA (all day trainings)
Location TBA
Baton Rouge, LA
This two-day training will focus on investigating misdemeanor or felony cases involving military veterans. Participants will learn about the traumas associated with military service and the proper techniques for obtaining military records and additional information for a veteran client or complaining witness. Participants will also receive training on ethics and professionalism as well as advanced techniques for interviewing and taking witness statements. Advanced registration will be required. Training is limited to investigators who are employed by or contract with a public defender office or LPDB program.