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922-101 - Communication Server 1000 Linux Platform Architecture - Dump Information
|Exam Name||:||Communication Server 1000 Linux Platform Architecture|
|Questions and Answers||:||110 Q & A|
|Updated On||:||November 17, 2017|
|PDF Download Mirror||:||922-101 Brain Dump|
|Get Full Version||:||Pass4sure 922-101 Full Version|
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922-101 Questions and Answers
A Communication Server (CS) 1000E Rls. 6.0 customer opened a trouble ticket that a newly installed system with SIP Line Gateway cannot place calls to an existing 5.x site. After investigating the problem you isolate the problem to the SIP Line Gateway settings. Which SIP Line Gateway Setting is most likely to block calls between the two sites?
- Security Policy - Security Disabled
- Security Policy - Best Effort
- Security Policy - Secure Local
- Security Policy - Secure End-to-End
A customer is planning to deploy a multi-site Communication Server (CS) 1000E network with a UCM Security Domain that includes a Primary Security Server and a Backup Security Server. Which statements regarding the Backup Security Server are true? (Choose two.)
- It manages authorization requests when the Primary is not available.
- It manages configuration changes when the Primary is not available.
- It manages authentication requests when the Primary is not available.
- It issues certificates to servers when the Primary is not available.
A Communication Server (CS) 1000E Rls. 6.0 customer has decided to implement UNIStim security with DTLS. Which statement regarding UNIStim security with DTLS is correct?
- It encrypts UNIStim signaling between the Line Terminal Proxy Server and IP telephones.
- It provides media security between the IP telephones.
- It provides security between the IP telephones and the Call Server.
- It is provided by the Secure Multimedia Controller 2450.
A Communication Server (CS) 1000E Rls. 6.0 customer is interested in implementing the Linux security hardening capability. Which statements regarding Linux basic hardening are correct? (Choose two.)
- It is turned on by default and cannot be turned off.
- It is turned on by default but can be turned off.
- It is configured using special command line tools.
- It includes all hardening items not affecting the performance of Nortel applications.
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STATE v. SHANK STATE of Louisiana v. Christopher S. SHANK.
No. 05-KA-421. determined: February 14, 2006 Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS, and SAM A. LeBLANC, III, decide, seasoned Tempore.Paul D. Connick, Jr., District attorney, Terry M. Boudreaux, Thomas J. Butler, Martin Belanger, Roger Jordan, Assistant District Attorneys, Twenty-Fourth Judicial District, Parish of Jefferson, State of Louisiana, Gretna, Louisiana, for Plaintiff/Appellee. Christopher Shank, Angola, Louisiana, Defendant/Appellant. Margaret S. Sollars, Louisiana Appellate task, Thibodaux, Louisiana, for Defendant/Appellant. Defendant, Christopher Shank, appeals his conviction for aggravated rape. For the reasons that comply with, we confirm defendant's conviction and remand in an effort to appropriate mistakes patent on the face of the checklist.
Defendant, Christopher Shank, was indicted by means of a grand jury on October 9, 2003 and charged with aggravated rape in violation of LSA-R.S. 14:forty two. Shank firstly pled no longer responsible and then modified his plea to now not guilty due to madness. Shank later abandoned his madness defense. Shank proceeded to trial on October 27, 2004. After a two-day trial, he become found guilty as charged through a unanimous twelve-grownup jury. Shank became sentenced to existence imprisonment with out the improvement of parole, probation or suspension of sentence.
all the way through the early morning hours of August 9, 2003, Mr. D.1 became woke up by way of Shank knocking on his door. Shank had been dwelling with the D family for 2 to 3 months, and had been given a key to the apartment however misplaced it. Mr. D. let Shank into the condo and went lower back to mattress.
Mr. D. was awakened about one hour later when his youngest daughter came in and advised him that his godson had wet the mattress. Mr. D. took care of the matter and observed that his five-year-old daughter, D.D., changed into now not in her room. He requested his youngest daughter the place D.D. was, and he or she answered that D.D. turned into in Shank's room. Mr. D. regarded into Shank's room through a in part cracked door and saw what looked like Shank having sex with a person. Mr. D. pointed out Shank changed into beneath the covers, “on correct and simply humping.” Being half asleep, Mr. D. did not consider anything else about it.
He searched for D.D. in his bedroom, considering she may have crawled into bed along with his wife, however she become not there. He lower back to Shank's room and noticed Shank lying on his aspect cradling D.D. Mr. D. asked D.D. what she changed into doing, but she did not reply. He informed her to move back to her mattress, but she brought up she couldn't as a result of she become not donning panties. She defined that Shank had taken her panties off.
Mr. D. took D.D. to his wife at which time D.D. instructed her mom that Shank had pulled her panties off and touched her. according to Mrs. D, D.D. pointed out “she became rocking on [defendant] ․ like grown-usado.” Mrs. D checked out D.D.'s vagina and noticed blood. in the meantime, Mr. D. grabbed his gun, put it to Shank's head, and ordered him to depart. After a short scuffle, Shank left.
The police arrived shortly after Mr. D. called them. They seized D.D.'s nightgown and the bedding, which later validated bad for seminal fluids. D.D.'s panties had been by no means discovered. D.D. became taken to children's sanatorium, the place a rape examination was performed with the aid of Dr. Adrienne Atzemis. Dr. Atzemis testified D.D. had a small laceration of the posterior forchette, which changed into in line with penile/vaginal contact. besides the fact that children, Dr. Atzemis admitted the laceration was non-selected for sexual abuse because it might have been led to with the aid of different capability.
At trial, D.D. testified she had gone into Shank's room to get some water. She cited she tried going to her mom first however her mother's door was locked and she or he did not wake up when D.D. knocked. When she went into Shank's room, he picked her up and put her into his mattress. D.D. pointed out that Shank pulled her panties down and started “shaking in all places” her. D.D. explained she become lying on her lower back and Shank changed into kneeling over her. She mentioned Shank turned into shaking tough and “it truly was hurting an awful lot” on her inner most part, the front part of her bottom. She cited she felt Shank's inner most part go into her inner most part. D.D. testified her father came into the room, picked her up off the bed, and carried her to her mom's room. She informed her father and mother that Shank had pulled her panties down and “touched her butt.”
Shank changed into because of this arrested. After his arrest, Sergeant Gary cook, a supervisor in the special Investigations Unit at the Jefferson Parish Correctional middle, was advised by the health functions administrator, Nurse Miriam Schultz, that Shank may well be suicidal and she or he had concerns for Shank's safety. Sergeant prepare dinner approached Shank to assess his protection possibility, at which time Shank told him he did not are looking to be alone along with his options due to the fact that what he had completed to the sufferer. in response to Sergeant prepare dinner, Shank proceeded to explain he had been on drugs and thought he was having intercourse with his girlfriend however changed into awakened through someone asserting, “What are you doing, Uncle Chris?”
At trial, Shank testified he had taken eight Oxycontin capsules the nighttime of the incident. He mentioned he became in dangerous shape when he returned to the D family unit's domestic. He claimed he didn't know D.D. become in his mattress unless Mr. D. grew to become on the mild and asked D.D. what she became doing. Shank denied knowingly having sex with D.D.
in their second assignment of error, each protection information and defendant, professional se, argue the facts was inadequate to convict defendant of aggravated rape.2 defense advice contends the scientific facts turned into inconclusive and the testimony changed into unreliable. whereas Shank admits a sexual battery occurred, he argues the proof fails to display a rape took place. He relies on the testimony of the inspecting doctor who cited she couldn't say with clinical certainty there changed into penile contact. He additionally elements to the shortcoming of seminal fluid found right through the rape exam and on the sufferer's nightgown. Shank additional maintains the victim by no means alleged anything else more than the truth he touched her butt until she testified at trial, at which period she brought up defendant's private half went interior her inner most half. Shank asserts the six-year-ancient victim 3 become coached earlier than trial. pro se, Shank extra keeps he did not have the requisite intent to have intercourse with the sufferer seeing that he changed into asleep throughout the act.
The State responds that definitive physical facts is not required to sustain an aggravated rape conviction and asserts the sufferer's testimony alone is sufficient to uphold the conviction.
The commonplace of assessment for the sufficiency of the evidence to uphold a conviction is whether, viewing the evidence within the light most favorable to the prosecution, any rational trier of truth could conclude that the State proved the primary facets of the crime past an inexpensive doubt.four
Defendant turned into convicted of aggravated rape in violation of LSA-R.S. 14:42, which, on the time of the offense, offered in pertinent part:
A. Aggravated rape is a rape dedicated upon an individual sixty-5 years of age or older or where the anal, oral, or vaginal sexual activity is deemed to be without lawful consent of the victim because it is dedicated beneath any one or extra of here cases:
(4) When the sufferer is under the age of twelve years.5 Lack of potential of the sufferer's age shall now not be a defense.
Rape is described by means of LSA-R.S. 14:41 as follows:
A. Rape is the act of anal, oral, or vaginal sexual activity with a male or female adult committed with out the person's lawful consent.
B. Emission is not integral and any sexual penetration, vaginal or anal, besides the fact that children slight is sufficient to finished the crime.
“within the absence of internal contradiction or irreconcilable conflict with physical proof, one witness' testimony, if believed through the trier-of-fact, is satisfactory support for a requisite factual conclusion.” 6 With sexual offenses, the sufferer's testimony alone may also be sufficient to set up the facets of a sexual offense, even if the State does not introduce scientific, scientific or physical evidence to show the fee of the offense.7
Shank first contends the medical proof didn't prove penile/vaginal contact. He asserts the serology checks had been poor for seminal fluid on the victim's nightgown and in her rape package. He points out that no pubic hairs have been found all through the sufferer's rape equipment examination. He additional depends on Dr. Atzemis' testimony all over which she stated she couldn't say with clinical sure bet that penile contact brought about the laceration to the victim's posterior forchette, a local in the vagina.
The checklist suggests that Dr. Atzemis carried out a rape kit examination on the victim. just before the actual examination, she took a history from the sufferer. The victim advised Dr. Atzemis that Shank had taken her panties off and touched her butt with his hand. Dr. Atzemis' actual examination revealed a small laceration to the sufferer's posterior forchette. She pointed out this sort of laceration turned into in keeping with a five year historic who had penile/vaginal contact. Dr. Atzemis admitted the laceration become non-specific for sexual abuse because there are motives, other than sexual contact, that may end up in this kind of laceration, including unintended damage and scraping the area with a fingernail. D.D. and her mom both denied the victim had an issue or habit scratching herself in the deepest enviornment. Dr. Atzemis extra testified she has seen circumstances where there's full penetration with none resulting harm.
At trial, D.D. testified she went into Shank's room to ask him to get her something to drink. She mentioned the Shank picked her up, put her in his bed, pulled her panties down, and began “shaking” everywhere her. She defined that Shank's shorts were off when he become “shaking” on her. She further defined she changed into lying on her returned on the bed and Shank was kneeling over her. She testified that Shank's private half went into her private part when he turned into “shaking.”
Three days after the incident, D.D. changed into interviewed through Omalee Gordon on the baby Advocacy core (CAC). The interview changed into videotaped and the videotape was played for the jury. in the videotaped interview, D.D. explained the incident in additional detail. She pointed out that Shank became naked when he pulled her into bed with him and that he pushed up her clothing, took off her panties, and touched her butt. D.D. brought up that Shank took his “birdie” and shook it on her which became how she bought a cut on her “tu tu”. the usage of dolls, D.D. indicated defendant's “birdie” was in his groin enviornment and her “tu tu” was in her vaginal enviornment. When asked to clarify how Shank shook his “birdie” on her, D.D. established a rhythmic entrance to again action with her hips. She brought up she became mendacity on her again while Shank knelt over her and “shook” on her. She explained he “shook” his “birdie” on each the backyard and inner of her “tu tu.” D.D. additional mentioned Shank saved kissing her “like in case you're in love” and “like you're married.” She then validated an opened-mouth kiss.
apart from difficult the scientific evidence as inconclusive, Shank challenges the reliability of the testimony. He claims D.D.'s testimony changed into inconsistent as a result of she not ever claimed the rest more than him touching her butt unless she testified at trial. Shank's fact is wrong. As noted above, during the CAC interview, D.D. mentioned Shank's “birdie” (which she indicated became his penis) touched each the internal and outside of her “tu tu” (which she indicated become her vagina).
It is not the function of the appellate court docket to verify the credibility determinations of the trier of truth or to reweigh the facts.8 “The trier of fact shall consider the witnesses' credibility, and when faced with a battle in testimony, is free to settle for or reject, in total or in part, the testimony of any witness.” 9
In State v. Turner,10 the defendant contended the evidence become inadequate to support the jury's verdict of aggravated rape since the simplest facts of rape was the sufferer's miraculous testimony. youngsters, this courtroom considered that, from the date of the incident, the sufferer constantly maintained the defendant raped her and the particulars of the incident have been constant when she instructed her mother, the law enforcement officials, the doctors, and in her taped commentary.11 After acknowledging that the jury made a credibility judgment through believing the victim's edition of the hobbies over the defendant's edition, this courtroom decided that the State proved the elementary features of the crime past a reasonable doubt.12
In State v. Hubbard,13 this courtroom discovered the sufferer's testimony by myself turned into sufficient to uphold defendant's conviction for aggravated rape. The concern in Hubbard was the sufficiency of proof that there become sexual penetration. The victim testified that defendant made her “have sex” with him. She affirmatively answered a query of whether defendant raped her. This court docket decided this to be adequate facts to show penetration. This courtroom noted that the testimony of the victim on my own, unsubstantiated by way of physical facts, is satisfactory to assist a conviction of rape.
during this case, D.D. become five years old at the time of the incident. She brought up Shank took off her panties and “shook” his “birdie” in and on her “tu tu” which caused a cut. D.D.'s mother and father both testified that D.D. instructed them Shank had taken off her panties. based on her mother's testimony, D.D. told her Shank had touched her and that she “changed into rocking on him ․ like grown united states of americado.” Mrs. D checked out D.D.'s vagina and cited it become pink and swollen. She also noticed blood. D.D.'s father testified he accompanied Shank “on right and simply humping” like he was having intercourse with someone. Dr. Atzemis testified D.D. had a laceration to her posterior forchette, which turned into in keeping with penile/vaginal contact. despite the fact Dr. Atzemis cited D.D. simplest claimed Shank touched her along with his hand, she explained it is not strange for a toddler no longer to supply full disclosure no matter if it's brought on by the baby's consolation level or even if the newborn knows the significance of certain particulars.
moreover, in keeping with Sergeant Gary prepare dinner, Shank brought up he had been on drugs and notion he was having sex with his lady friend at the time. once defendant realized it changed into D.D., he grabbed her and instructed her he turned into sorry. Shank additionally told Sergeant cook dinner he changed into afraid he had damage D.D. He additional mentioned he became now a child molester. a different State witness, Russell Buras, testified he became within the telephone next to Shank for 3 days. Mr. Buras pointed out he had numerous conversations with Shank and that Shank admitted fondling and penetrating D.D.
although Shank denied he made these statements to Sgt. prepare dinner and Mr. Buras, the jury discovered D.D. and the different State witnesses to be credible, a discovering which is supported via the record. After viewing the facts in a light most favorable to the prosecution, we hold that a rational trier of fact might have found, past an affordable doubt, that the facts changed into satisfactory to help defendant's conviction for aggravated rape.
Shank's claim that he did not knowingly have intercourse with the victim because he turned into asleep is of no end result. Aggravated rape is a regular intent crime and, therefore, the simplest intent critical to sustain a conviction is based by way of the very doing of the proscribed acts.14
In Shank's first professional se task of error, and within the first assignment of error by his protection counsel, it's argued that Shank's statements, one to Sgt. prepare dinner and one to Russell Buras, should had been suppressed. Shank contends his statement to Sgt. prepare dinner was acquired in violation of his Miranda15 rights and, thus, constituted an involuntary confession. He keeps his commentary to Russell Buras was bought in violation of his appropriate to guidance because Mr. Buras turned into a paid informant and was deliberately used by means of the police to result in an incriminating commentary from Shank outdoor his advice's presence. Shank additionally asserts his observation to Mr. Buras may still were suppressed because its existence turned into no longer well timed disclosed.
involving Shank's remark to Sgt. cook dinner, the State contends there become no Miranda violation since the commentary become spontaneous and never made throughout an interrogation. As for the admissibility of defendant's commentary to Mr. Buras, the State argues the situation turned into not preserved for enchantment because it became not ever the area of a movement to suppress and Shank on no account objected to the admissibility of the commentary made to Mr. Buras.
earlier than a confession will also be added into facts, the State has the burden of affirmatively proving it was freely and voluntarily given, and became not made below the have an effect on of fear, duress, intimidation, menaces, threats, inducements or guarantees. LSA-R.S. 15:451. It need to even be based that an accused who makes a confession all the way through custodial interrogation became first suggested of his Miranda rights.sixteen
“Spontaneous and voluntary statements no longer given as a result of police interrogation or compelling have an effect on, are admissible in proof with out Miranda warnings, however the defendant is in custody.” 17 cops don't seem to be obliged to ignore spontaneous and unsolicited statements through somebody in custody, as long as the statements don't result from police-initiated custodial interrogation or questioning “moderately prone to elicit an incriminating response.” 18
The voluntariness of an announcement is to be decided on a case-by way of-case groundwork. The trial choose's conclusions related to the credibility and weight of the testimony concerning the voluntariness of a press release or confession should not overturned except they aren't supported via the facts.19
The list doesn't comprise a written motion to suppress. youngsters, there is a transcript of a March 30, 2004 listening to on a motion to suppress defendant's remark made to Sgt. cook dinner. right through the March 30 listening to, Sgt. cook dinner changed into the handiest witness to testify. He mentioned he's the supervisor of the particular Investigative Unit at the Jefferson Parish Correctional core and is in can charge of protection matters within the penal complex.
Sgt. cook dinner testified that he interviewed Shank on August 15, 2003 after he become informed by using the scientific director, Nurse Miriam Schultz, that Shank changed into in intake booking, became totally agitated, and was dealing with a major cost. She recommended Sgt. cook she changed into given that putting him on a suicide watch as a result of she thought Shank can be unhealthy to himself or others. At trial, Nurse Schultz testified she contacted Sgt. prepare dinner as a result of she became very involved about Shank, as a result of certain inmates may also be prone within the customary population of the penal complex.20 Sgt. cook dinner explained he went to check with Shank to verify his protection possibility.
Sgt. prepare dinner, along with two different deputies, eliminated Shank from housing and brought him to the visitation tank for privacy explanations. He asked Shank what complications he turned into having. Sgt. cook dinner principally informed Shank that he changed into not advising him of his rights, that he become not asking him about his case or can charge, and that he became no longer drawn to speaking about his case or can charge. Shank proceeded to inform Sgt. prepare dinner he become upset, that he did not are looking to be in the housing area where he was assigned, that he did not are looking to be by myself together with his innovations dealing with the can charge he became dealing with. Sgt. prepare dinner warned Shank once again no longer to talk about his case. having said that, Shank went on to explain to Sgt. cook that he had been below the have an impact on of Oxycontin, heroin, and Xanbars and became handed out in his bed. Shank mentioned he concept he was lying next to his lady friend, rolled over on desirable of her, after which heard the victim say, “what are you doing Uncle Chris?” Shank advised Sgt. cook he's now a child molester.
Sgt. cook testified he warned Shank a couple of instances that he changed into now not there to speak to Shank concerning the incident. After Shank gave his commentary, Sgt. cook dinner did not ask any comply with up or clarifying questions. He mentioned he had no competencies of the case and was no longer assigned to investigate it.
in accordance with the facts introduced, it seems that Shank's observation to Sgt. cook became made voluntarily and spontaneously, and never in accordance with an interrogation. In State v. Sanders,21 the Louisiana Supreme court docket decided defendant's remark to an FBI agent changed into admissible despite defendant's request for an attorney and to stay silent. The supreme court docket explained “interrogation” below Miranda is limited to those instances where the words or moves of the police are “reasonably likely to elicit an incriminating response from the suspect.” 22 The supreme court docket cited the FBI agent persevered to ask questions but simplest as to “movements heritage” concerns equivalent to age and marital fame. The supreme court concluded the FBI agent's questioning about “administrative matters would not have led defendant to conclude the police sought an inculpatory statement.” 23
within the current case, Sgt. cook puzzled defendant about how he was doing within the context of assessing his security chance within the detention center. He warned Shank a few times not to focus on his case and stated he turned into now not interested in defendant's case or charge. seeing that the context of the stumble upon, there became no investigating interrogation that required defendant be advised of his Miranda rights. Defendant's observation to Sgt. cook dinner was voluntary and spontaneous. hence, we find that the trial court didn't err in denying the movement to suppress.
involving the admissibility of defendant's remark to Russell Buras, the State is relevant in its statement that the depend become now not preserved for enchantment. The listing suggests that the day earlier than trial, the State filed a note of its intent to use defendant's statement to Russell Buras. The be counted turned into delivered to defendant's attention all the way through a listening to in open courtroom on October 26, 2004. Shank made no objections. On the second day of trial, the State called Russell Buras to testify. once again, there become no objection by defendant. all over Mr. Buras' testimony, Shank lodged one objection on the foundation Mr. Buras' testimony circumvented defendant's right to testify. The objection became overruled via the trial court. At no time did Shank object to the admissibility of Mr. Buras' testimony on the groundwork that it violated his correct to tips, or became prejudicial because of delayed disclosure.
to be able to retain an argument for appeal, a celebration must make a contemporaneous objection. LSA-C.Cr.P. art. 841(A) gives, partially, that “[a]n irregularity or error cannot be availed of after verdict until it become objected to at the time of incidence.” The aim behind the contemporaneous objection rule is to put the trial choose on note of an alleged irregularity so that he might also treatment the issue and to evade the defendant from playing for a favorable verdict after which resorting to enchantment on blunders that may were with no trouble corrected via an objection.24
A contemporaneous objection to the court docket's ruling on a written action is frequently now not required. LSA-C.Cr.P. paintings. 841(B). despite the fact, there is not any indication within the record that defendant's statement to Russell Buras become ever made a part of defendant's motion to suppress. moreover, Shank under no circumstances argued to the trial courtroom that his correct to counsel turned into violated by means of Russell Buras. He raises this concern for the first time on enchantment. a new subject cannot be raised for the primary time on attraction.25 therefore, as that component of defendant's project of error concerning the admissibility of his statement to Russell Buras become not preserved for appeal, we can decline to trust it.
The listing become reviewed for blunders patent, in accordance with LSA-C.Cr.P. artwork. 920; State v. Oliveaux,26 and State v. Weiland.27 here matters are cited.
First, the trial courtroom did not thoroughly inform Shank of the prescriptive duration for submitting post-conviction relief pursuant to LSA-C.Cr.P. art. 930.eight. After sentencing, the trial courtroom cited that defendant had “two (2) years from the date this conviction becomes closing to are searching for put up-conviction relief.” This court docket has held that the failure to propose defendant that the prescriptive length runs from the time his conviction and sentence become last renders the advisal incomplete.28 for this reason, we remand with an order that the trial court thoroughly inform defendant of the time from which prescription for publish-conviction aid runs, by using sending written observe of such to defendant inside ten days of the rendition of the appellate opinion, and to file written proof that defendant received the note in the listing.29
2nd, the checklist doesn't reflect that defendant was notified of the sex culprit registration requirements. Defendant's conviction is defined as a intercourse offense via LSA-R.S. 15:541(14.1). LSA-R.S. 15:540, et seq. requires registration of sex offenders. additional, LSA-R.S. 15:543(A) requires the court to inform a defendant of the registration requirements as follows: “The court docket shall deliver written notification to any defendant charged with a intercourse offense of the registration requirements of R.S. 15:542. Such observe will likely be included on any responsible plea forms and judgment and sentence varieties supplied to the defendant.”
This court docket has held that the trial court's failure to provide this notification constitutes an error patent and warrants a remand for written notification.30 We, for this reason, order the trial court docket to notify the defendant of the registration requirements of LSA-R.S. 15:543(A) by using sending written be aware to the defendant inside ten days of this court's opinion, and to file written proof in the checklist that the defendant acquired the be aware.31
For the foregoing causes, the defendant's conviction is affirmed, and we remand to be able to appropriate mistakes patent on the face of the record.
1. The victim and her family are identified by means of initials with a purpose to protect her identification. See, LSA-R.S. 46:1844(W)(three).
2. it's mentioned that defendant didn't file a motion for put up-verdict judgment of acquittal pursuant to LSA-C.Cr.P. art. 821. youngsters, this failure doesn't forestall appellate overview of the sufficiency of the facts. State v. Washington, 421 So.2nd 887, 889 (La.1982); State v. Carey, 04-1073 (La.App. 5 Cir.three/29/05), 901 So.2nd 509, 512, fn. 4.
3. The sufferer was five years old at the time of the alleged rape but six years ancient at the time of trial.
4. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 2789, sixty one L.Ed.second 560 (1979).
5. constructive August 15, 2003, Acts 2003, No. 795, § 1 substituted “thirteen years” for “twelve years” in paragraph (A)(four).
6. State v. Turner, 05-75 (La.App. 5 Cir.5/31/05), 904 So.second 816, 823 (citing State v. Robinson, 02-1869 (La.4/14/04), 874 So.2d 66, seventy nine, cert. denied, 543 U.S. 1023, a hundred twenty five S.Ct. 658, one hundred sixty L.Ed.2nd 499 (2004)).
7. State v. Turner, supra (citing State v. Hotoph, 99-243 (La.App. 5 Cir.eleven/10/ninety nine), 750 So.2nd 1036, 1045, writs denied, 99-3477 (La.6/30/00), 765 So.2d 1062, and 00-0150 (La.6/30/00), 765 So.2nd 1066).
8. State v. Carter, ninety eight-24 (La.App. 5 Cir.5/27/ninety eight), 712 So.2nd 701, 708, writ denied, ninety eight-1767 (La.eleven/6/ninety eight), 727 So.2nd 444 (citations overlooked).
9. State v. Crawford, 03-1494 (La.App. 5 Cir.4/27/04), 873 So.2nd 768, 786, writ denied, 04-1744 (La.5/6/05), 901 So.2d 1083 (quotation omitted).
10. 05-seventy five (La.App. 5 Cir.5/31/05), 904 So.2d 816, 821.
eleven. identification. at 823.
13. 97-916 (La.App. 5 Cir.1/27/ninety eight), 708 So.second 1099, 1103-1104, writ denied, 98-0643 (La.eight/28/ninety eight), 723 So.2d 415,
14. State v. Kennedy, 00-1554 (La.four/3/01), 803 So.2d 916, 923.
15. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2nd 694 (1966).
16. State v. Williams, 04-697 (La.App. 5 Cir.eleven/30/04), 889 So.2nd 1135, 1142-1143, writ denied, 05-0395 (La.5/13/05), 902 So.2d 1017.
17. identity. at 1143 (quoting State v. Castillo, 389 So.2nd 1307, 1310 (La.1980), cert. denied, 453 U.S. 922, 101 S.Ct. 3159, sixty nine L.Ed.2d 1004 (1981)).
18. State v. Ross, ninety five-1798 (La.3/8/96), 669 So.2d 384, 386.
19. State v. Williams, supra, at 1143.
20. In reviewing the trial court's ruling on a motion to suppress, proof presented at trial may well be considered apart from the facts offered on the listening to on the motion to suppress. State v. Fasola, 04-902 (La.App. 5 Cir.3/29/05), 901 So.2d 533, 541.
21. ninety three-0001 (La.eleven/30/94), 648 So.second 1272, 1282-1283, cert. denied, 517 U.S. 1246, 116 S.Ct. 2504, one hundred thirty five L.Ed.2d 194 (1996).
22. identification. at 1282 (quoting State v. Abadie, 612 So.second 1 (La.), cert. denied, 510 U.S. 816, 114 S.Ct. sixty six, 126 L.Ed.2nd 35 (1993)).
23. State v. Sanders, supra, at 1283.
24. State v. Brown, 01-a hundred and sixty (La.App. 5 Cir.5/30/01), 788 So.2d 667, 673.
25. State v. Merritt, 04-204 (La.App. 5 Cir.6/29/04), 877 So.2d 1079, 1082, writ denied, 04-1849 (La.eleven/24/04), 888 So.2nd 228.
26. 312 So.2nd 337 (La.1975).
27. 556 So.2nd 175 (La.App. 5 Cir.1990).
28. State v. supply, 04-341 (La.App. 5 Cir.10/26/04), 887 So.second 596, 598.
30. See, State v. Stevenson, 00-1296 (La.App. 5 Cir.1/30/01), 778 So.2d 1165, 1166-1167.
31. This court docket has not made a distinction between those defendants with existence sentences and those that have acquired less than lifestyles sentences for functions of the mandatory written be aware of LSA-R.S. 15:543. See, State v. Simmons, 03-20 (La.App. 5 Cir.4/29/03), 845 So.2d 1249; State v. Dickerson, 01-1287 (La.App. 5 Cir.6/26/02), 822 So.2nd 849, 859, writ denied, 02-2108 (La.2/21/03), 837 So.2nd 627; State v. Wallace, 00-1745 (La.App. 5 Cir.5/sixteen/01), 788 So.second 578, 588, writ denied, 01-1849 (La.5/24/02), 816 So.2d 297.
MARION F. EDWARDS, judge.
Ct 3158 69 l ed 2nd 1004 1981 the exclusion ofCt. 3158 sixty nine L. Ed. 2nd 1004 (1981). The exclusion of militia retirement pay from divis- ible marital property on no account precludes a trial court from because such an asset when selecting an appropriate amount for preservation and assist; if upkeep is applicable, the earnings will be avail- in a position to fulfill an affordable award, above all if there are few other assets or materials to be divided. Russell v. Russell, 605 S.W.2d 33 (Ky. Ct. App. 1980), cert. denied, 453 U.S. 922, one hundred and one S. Ct. 3158, sixty nine L. Ed. 2d 1004 (1981). Pursuant to 10 u.s.a.C. § 1408(a)(four), amounts waived as a way to receive disability compensation, or VA benefits bought in lieu of militia retirement pay, are specially excluded from division as marital prop- erty; although, if an inequity arises in someone case, the trial court can unravel the problem by using making an acceptable award of spousal aid and/or marital property. Davis v. Davis, 777 S.W.2d 230 (Ky. 1989). 17. knowledgeable diploma. Award of $10,000 in lump-sum protection changed into both reasonable and authorized by way of this part where wife had supported husband whereas he received skilled degree, where her earnings would no longer permit her to savour the rest drawing near the normal of living which she loved as wife, where the courtroom took into account hus- band’s indebtedness for academic loans, the undeniable fact that spouse had remarried and became accordingly not entitled to peri- odic protection, and the indisputable fact that, whereas husband could not have matriculated devoid of the wife’s help and information, her contributions would no longer drastically inure to his direct monetary enhancement and where the court docket ordered husband to pay baby assist, all of child’s scientific and dental fees, and $1,500 of spouse’s attorney’s costs. McGowan v. McGowan, 663 S.W.2nd 219 (Ky. Ct. App. 1983). A spouse who has labored and financially contributed to the other companion’s acquisition of a pro- fessional diploma may still not automatically receive a financial award in keeping with a prescribed method; the dissolution of marriage statutes effortlessly do not authorize trial courts to make such an award. McGowan v. McGowan, 663 S.W.second 219 (Ky. Ct. App. 1983). In circumstances the place a divorcing couple might also have begun to benefit from the fruits of increased revenue because of knowledgeable companion’s degree, a court can, under this part, competently agree with the have an impact on of a divorce on the nonprofessional better half’s usual of residing and, if the courtroom finds that the nonprofessional companion are not in a position to keep a standard of residing moderately similar to the one enjoyed all through the wedding and that the professional significant other can manage to pay for it, an award of main- tenance to complement the nonprofessional better half’s profits can be appropriate; this could be especially true in these instances where there's little or no marital property to divide on the grounds that via an award of mainte- nance, the court docket might be justifiably allowing the nonprofessional significant other to recoup most of his or her investment in the other significant other’s skilled diploma.
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