Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 7 distinct citers.
discussed
Cited as authority (rule)
State v. Brooks
La. Ct. App. · 2013 · confidence medium
See Ball v. United States, 470 U.S. 856, 861-64 , 105 S.Ct. 1668, 1671-73 , 84 L.Ed.2d 740 (1985) (“To say that a [defendant] may be prosecuted simultaneously for violation [of separate offenses] ... is not to say that he may be convicted and punished for two offenses.... [T]he only remedy consistent with the [legislative] intent is for the District Court, where the sentencing responsibility resides, to exercise its discretion to vacate one of the underlying convictions.... [which alone] is unauthorized punishment for a separate offense ”)(citing Hunter); State v. Dubaz, 468 So.2d 554, 556…
discussed
Cited as authority (rule)
State v. Hall
La. · 2012 · confidence medium
See Ball v. United States, 470 U.S. 856, 861-64 , 105 S.Ct. 1668, 1671-73 , 84 L.Ed.2d 740 (1985) (“To say that a [defendant] may be prosecuted simultaneously for violation [of separate offenses] ... is not to say that he may be convicted and punished for two offenses .... [T]he only remedy consistent with the [legislative] intent is for the District Court, where the sentencing responsibility resides, to exercise its discretion to vacate one of the underlying convictions .... [which alone] is unauthorized punishment for a separate offense.”)(citing Hunter); State v. Dubaz, 468 So.2d 554, 5…
discussed
Cited as authority (rule)
Harrison v. State
Tex. App. · 1987 · confidence medium
Courts in a number of jurisdictions have expressly held that a double-jeopardy attack raises a “jurisdictional defect.” State v. Madera, 198 Conn. 92 , 503 A.2d 136,139, n. 6 (1985); State v. Dubaz, 468 So.2d 554, 556 (La.1985); People v. Reid, 113 Mich. App. 262 , 317 N.W.2d 589, 591 (1982), aff'd, 420 Mich. 326 , 362 N.W.2d 655 (1984); State v. Cody, 525 S.W.2d 333, 335 (Mo. 1975).
cited
Cited "see"
State v. Williams
La. Ct. App. · 1994 · signal: see · confidence high
See State v. Dubaz, 468 So.2d 554 (La.1985), and State v. Stevenson, 597 So.2d 74 (La.App. 4th Cir. 1992), writ denied, 600 So.2d 637 (La.1992).
discussed
Cited "see"
State v. Head
La. Ct. App. · 1992 · signal: see · confidence high
See State v. Dubaz, 468 So.2d 554 (La.1985) where the Louisiana Supreme Court vacated the conviction and sentence of the less severely punishable offense based on a double jeopardy violation, and then vacated the sentence of the affirmed conviction and remanded for resentencing.
cited
Cited "see"
State v. Hargrove
La. · 1988 · signal: see · confidence high
See State v. Dubaz, 468 So.2d 554 (La.1985) (Lemmon, J., concurring).
discussed
Cited "see, e.g."
State v. Copelin
La. Ct. App. · 2016 · signal: see also · confidence low
C.Cr.P. art. 594 (providing that “[djouble jeopardy may be raised at any time”); see also State v. Earnest, 95-1689, p. 3 (La.App. 3 Cir. 5/8/96), 673 So.2d 1341, 1343 (noting that double jeopardy is a “jurisdictional defect,” that is, one that calls into question the sitting court’s power to hear the case” and citing State v. Dubaz, 468 So.2d 554 (La. 1985)).