LOUISIANA PUBLIC DEFENDERS' ASSOCIATION

"TRUSTEES OF FREEDOM"1        

"Dedicated to the Right to Counsel" Louisiana Public Defenders Association is dedicated to improving the services provided for Indigents in Criminal Courts in Louisiana. On a Parish (County) by Parish basis,  our members  provide counsel to those who cannot afford to retain their own,  through the system of Court Appointed Lawyers known as "Public Defenders".    For more information in general on these lawyers,  the how and why,  see WHAT PUBLIC DEFENDERS DO      SUBSCRIBE TO CLE with LAPDA

THE HOLISTIC CLIENT NEWS          TASER DAZE  Taser on your Christmas list?   DEAR AL TATE  12/5/2009

FARIA GETS $250k FOR STATE BOARD - State Chief Jean Faria has stressed grant funding, and the DOJ is on board with a $250,000 grant for lawyer training in Capital Litigation.  Training includes two 'bring your case' confidential programs and will offer training to prosecutors as well.  Counsel are urged to keep track of this as the routine summer qualifying CLE is going to be replaced by this special project of the 307 Board. 2/2/2010

LA SUPREME COURT GRANTS PCR HEARING: NEW EVIDENCE - Court finds no time bar and orders hearing on whether newly discovered evidence of officer who was a witness is sufficient to question verdict, without regard to the two year 930.8 deadlines. 2/2/2010

SIGN OF THE TIMES: LA BAR GOES "E-ONLY":

NORTH CAROLINA LAWYERS GET JAIL FOR DWI TICKET TAMPERING - Lawyers become inmates after trashing tickets, apparently just to avoid working the cases.  Court Clerk doctored up records and is up next for punishment. 1/29/2010

YOU TUBE ON 'SWINGALONG DRIVE' IN BATON ROUGE: ARRESTS FOLLOW - Cruelty to Juveniles for folks who stage fight between teens and post video on the web!  (Street name is real)  1/28/2010

ALITO DISSENTS: FROM STATE OF UNION! - Media are pouncing on "Alito's moment" during the State of the Union.  As Obama cited the recent case finding the First Amendment applies to Corporations and allows political speech with a complaint of its harmful nature, Alito is seen to mouth what appears to be "not true", shaking his head no.  1/28/2010

BRISCOE RULING LEAVES LAB REPORTS O-U-T - Percuriam by SCOTUS reverses Va. Supreme Court and holds Melendez-Diaz must be applied: State cannot get lab report in and leave burden on D to subpoena tech.  Speculation of changes to Melendez-Diaz proves to be, well, SPECULATION!  1/26/2010

PERCURIAM: COZY WITH COURT AND BAILIFF RAISES DISTURBING QUESTIONS -" ex parte contacts between the jury and the judge, that jurors and a bailiff had planned a reunion, and that “either during or immediately following the penalty phase, some jury members gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts,” should have been enough for Death Row Inmate to get evidentiary hearing!  (Of course, DEFENSE COUNSEL was not involved in this lighthearted game.  It must be so easy to preside and render the edict of death for some that they can clown their way through it!!)   oh, this is Georgia also!  09 5721 Wellons v Hall  1/19/2010

SUPREME COURT SLAPS GEORGIA - NO CLOSED VOIRE DIRE - SCOTUS says Georgia violated plenty of precedent for open and public trials.  Trial Court could not exclude persons during voir dire.  Trial Court had said "come back for the trial".  This is a strong per curiam for Public Trial, including Sixth and First Amendment grounds.  Be there any contrary interests, the trial court MUST CONSIDER ALTERNATIVES. -  09–5270  Eric Presley v Georgia  1/19/2010

P TA MON - PETER JOHN OF BATON ROUGE INDICTED - Catchy ad: "Gangsta Lawyer"  Peter John of the Baton Rouge bar has some legal problems of his own after a Grand Jury counts him among the accused in an obstruction case.  Another lawyer says that's unusual, but so is Mr. John, who has sometimes been seen as promising well beyond the possible in his practice. 1/17/2009

POLICE STEAL DOGS - In St. Landry and Evangeline Parish, KATC TV 3 reports a local officer stole a woman's dog while serving papers, then sold it.  She recovered it after hearing about somebody's "new dog"!  And  Lakeland Florida suspended one of its own officers for Pitt Bull Theft.    Florence, Ala. had one  too.  What's wrong with just going to the ASPCA and adopting, officer?  1/10/09

LOCK 'EM ALL UP BREAKS STATE BANKS  States may not be able to afford the default "lock their asses up" policy in Criminal Justice much longer: they're broke, and it won't be long before finance has to become a consideration in the direct cost of locking up thousands and throwing away the key.  1/9/09

CINC SINKS? - OFFICIALS SEE TRANSFER OUT OF DHH  The Child Advocacy Program appears to be frozen by budget planning concerns, and the mission of child representation is transferred to Legal Services Corporations.   Some four CAP programs will continue to operate in the meantime.   The CAP website described the programs as follows:

"The Child Advocacy Program (CAP), a program of MHAS, established August 15, 2006, provides legal representation for children in abuse and neglect proceedings, if available.  Society has a responsibility to protect children from abuse and neglect. In recognition of this responsibility, Louisiana Legislators created Act # 271.

"To amend and re-enact Children's Code Articles...relative to the welfare of children; to provide for access to children and communication in legal representation of children's cases; to provide for the purpose and establishment of the Child Advocacy Program; ...to provide for a child's right to appointed counsel in child in need of care proceedings..."

The Louisiana Child Advocacy Program is a direct result of Act # 271, and was created to meet children's needs on a statewide basis by providing consistent, reliable, and expert legal counsel and/or advocacy to those in need."

The somewhat spotty transfer of child clients to the Legal Services Corporation is the result in part of delay in transferring money from the Department of Social Services to the Legal Services Corporations.  Juvenile Compliance Officer Clay Walker of the La PD Board has been involved in a transfer of $980,000 to 18 Districts for parent representation, and has voiced concerns in the "Task Force on Legal Representation in Child Protection Cases" regarding funding for counsel.  1/ 19/10

THE MAGNANIMOUS ARRESTEE - Slate carries a story of an 81 year old man arrested in his law office and his generous note to the police complimenting their professionalism.  1/8/09

DOES THE RIGHT TO SUBPOENA LAB TECH SATISFY MELENDEZ-DIAZ ? We have worked off the assumption that in denouncing any rule that requires the defendant to subpoena a witness for a lab report violates Due Process as provided by Melendez-Dias v Mass.   On Jan. 11th the U S Supreme Court will consider Biscoe v Virginia in which the Virginia Supreme Court held that process does not violate Melendez-Diaz, and satisfies the confrontation clause.  Does it matter that the 5 to 4 decision included now retired Justice Souter?  ON JANUARY 12 the Court will hear arguments on Federal Law authorizing Civil Commitment of Sex Offenders after completion of their incarceration. 18 U.S.C § 4248   US v Comstock 1/5/10   

NOW WHY WOULD THE BRITISH ISLES COPY THE U.S. DEFENDER SYSTEM? - Tessier's story noted in English Press as government ponders a state run Defender Organization. 12/31/09

HAPPY NEW YEAR CADDO - SHREVEPORT TIMES SEES TOUGH 2010 - The New Year dawns for the Public Defender in Caddo, and it looks a lot like the old year: high caseloads, salaries well behind the D.A.'s.  More of the same.  12/31/09

HAPPY NEW YEAR MICHIGAN - UNCONSTITUTIONAL DEFENDER SYSTEM? -  Suit says lack of funding rises to Constitutional violation.  12/31/09

AND MISSOURI - SUPREME COURT SAYS IT STINKS, BUT DENIES RELIEF TO DEFENDERS   AND NEVADA: 'NSF' FOR COUNSEL

BUILD IT - THEY WILL BE LOCKED UP: LIVINGSTON NEW CAGES FULL - Louisiana doesn't waste time filling its iron cages.  Just ask the Livingston Parish S.O.   12/31/09

LIFE IN RETRIAL - ORLEANS JURY CAME BACK WITH SECOND DEGREE - Retrial for Tyrone Wells yields Life Sentence in New Orleans. 12/22/09

CLE SUCCESS -20th Annual Criminal Litigation Seminar Nov. 20 & 21, @ Lafayette Hilton draws nearly 300 - and gets RESPECT.  JOE GUASTAFERRO  , who worked the Terry Nichols case in Oklahoma and the Brian Nichols case in Atlanta, headlined a program by Public Defenders, for Public Defenders, on the 20th Anniversary of the Louisiana Public Defenders Association: Dr. Ron Acton/ Kerry Cuccia/ Tony Champagne/ Paul Marx / Jim Looney / Don Clausen / Jack Harrison / Annette Roach / Leslie Schiff / Mike Mitchell / Peggy Sullivan / Michael Hattaway/  Dr. Brandon Romano / Wesley Ware / Deron Patin / Jeffrey Dodds / Lakeasha Cooley-Freeman / Kristy Boxberger / Sophia Sarantakos / Johnetta Pressley

NEW DREW COMMENT IN LA LAW REVIEW: Richard Drew provides great summary on the history and basics of Act 307 of 2007.  " . . . what really matters is the stability and strength of the political coalition backing indigent defense reform, as opposed to the doctrinal stance of the court decisions mandating it." p.984, 69 La.L.Rev 955 (Summer 2009) 

CALOGERO' S BITTERSWEET MOMENT AT THE  2008 TATE DINNER (photos)

Sentencing Litigation Seminar  June 11 & 12^th  2010, Paragon Casino Resort  Marksville

21^st Annual Criminal Litigation Seminar November 5 & 6, 2010,  Lafayette Hilton Hotel

  2008Materials 

La. Public Defender Act of 2007 - Act 307      HISTORY OF REFORM ARCHIVE

FINAL PUBLIC DEFENDER REGULATIONS

Click to join LaPublicDefenders Web Community   (Anyone doing La PD work)

           PAST PAGE ONE LINKS stories that ran earlier 

(VERY OLD LINKS MAY HAVE EXPIRED)     

        HOT LINKS - other Criminal  Law  sites on the WEB   

Contact us,   LAPDA,   P.O. Box 82389,    Lafayette,  La.  70598-2389   CEO @ LAPDA dot org   

DAUBERT    CLARENCE EARL GIDEON  Booker v US DR McPHONEY? - McCormick FILES   

   TOP OF PAGE  

OLD COVERS:  April Fools  2008   4th July 2007            .