Batson v. Kentucky: Facts and Case Summary

  Summary of a Fourteenth Amendment Landmark Case: Batson v. Kentucky 476 U.S. 79 (1986) Facts: When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason). In the case Batson v. Kentucky, Batson, the defendant, was an African American man convicted of burglary and receipt of stolen goods in a Louisville, Kentucky court by a jury composed entirely of white jurors. The key part of his appeal was based on the jury [...]

By |2015-06-12T14:59:07+00:00June 11th, 2015|Categories: Case Law, Jury, U.S. Supreme Court|Tags: , |

Secret Injections and Messy Justice!

  On Tuesday, April 29, 2014 two convicted murderers were set to be given lethal injections for their crimes in Oklahoma. Clayton D. Lockett and Charles F. Warner were to be Oklahoma’s latest executions. As the clock drew down on Mr. Lockett he was supposed to be given his last meal, marched down to the execution chamber, strapped down, injected with a cocktail of lethal drugs and peacefully pass away….or so the authorities thought!   Normally, and in the recent past in the U.S., the practice of injecting a person with a fatal dose of drugs was pretty straight-forward and [...]

Second Degree Cruelty to Juvenile — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter -- Criminal Attorney Contact    Second Degree Cruelty to Juveniles -- La RS 14:93.2.3 Second Degree Cruelty to juveniles is: A.(1)  Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child. (2)  For purposes of this Section, "serious bodily injury" means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, [...]

New Louisiana Bill Aims to Create the Crime of Unlawful Storage of a Firearm

New Orleans Weapons Crimes Attorney   Elizabeth B. Carpenter -- Weapons and Gun Defense Attorney   The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm.    This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.   The law proposes the following penalties: First violation of a fine of not more than $300. Second or subsequent violation of a [...]

United States Supreme Court Cases To Follow This Week — Criminal Defense Attorney New Orleans

By: Elizabeth B Carpenter New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney   Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.   The following cases are being argued before the U.S. Supreme Court this week:   BAILEY V. UNITED STATES Can police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is [...]

Video Voyeurism / Voyeurism / Peeping Tom — St. Tammany Parish

  Elizabeth B Carpenter Law Firm is one of Louisiana's premiere law firms representing clients who are accused of Sex Offenses including Voyeurism. If you have been accused of a Sex Crime, contact our office today to schedule a consultation. Video Voyeurism is not an offense to be taken lightly; it is a Sex Crime.  Your freedom is important to us!   Voyeurism -- La. R.S. 14:283.1 Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the [...]

Unlawful use of a Laser on a Police Officer — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.     Unlawful use of a Laser on a Police Officer -- La RS 14:37.3 Unlawful use of a laser on a police officer is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer [...]

Unauthorized Use of a Movable — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.     Unauthorized Use of a Movable Unauthorized use of a movable is the intentional taking or use of a movable which belongs to another, either without the other's consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the movable permanently.  The [...]

Organized Retail Theft — Louisiana

  New Orleans Criminal Theft Defense Attorney Elizabeth B. Carpenter, Esq. --  Criminal Attorney New Orleans  If you have been charged with Theft -- you need a good lawyer on your side to fight for your rights! Organized Retail Theft -- La RS 14:67.25 Organized retail theft is the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property. It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when: (1)  On more than one occasion within any one-hundred-eighty-day period the offender [...]

Cheating and Swindling — Louisiana

During the 2017 legislative session, Louisiana lawmakers completely repealed this statute. Commencing August 1, 2017, the following crime no longer exists. This offense is now prosecuted under La R.S. 14:67. New Orleans White Collar Crime Defense Attorney Elizabeth B. Carpenter, Esq. -- White Collar Crime New Orleans Cheating and Swindling -- La RS 14:67.18 A.  It shall be unlawful for any person who by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice, or device, for himself or another, wins or attempts to win money or property or a combination thereof, or reduces [...]

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