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.

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