State v. Parker, 361 So. 2d 226 (La. 1978). · Go Syfert
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State v. Parker, 361 So. 2d 226 (La. 1978). Cases Citing This Book View Copy Cite
19 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Louisiana v. Simuel Shaw Jr (lactapp, 2019-12-11)
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) State of Louisiana v. Simuel Shaw Jr
La. Ct. App. · 2019 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/28/98), 737 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State ex rel. J.C.R.
La. Ct. App. · 2015 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/20/98), 737 So.2d 660, 669 , cert, denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State v. Pete
La. Ct. App. · 2014 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/20/98), 787 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State v. Means
La. Ct. App. · 2009 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La. 10/28/98), 737 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State v. Stipe
La. Ct. App. · 2009 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/28/98), 737 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State v. Cheatteam
La. Ct. App. · 2008 · confidence medium
Id., quoting State v. Brumfield, 96-2667 (La.10/28/98), 737 So.2d 660, 669 , cert, denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La. 1978).
cited Cited as authority (rule) State v. Johnson
La. Ct. App. · 2004 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/28/98), 737 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
cited Cited as authority (rule) State v. Boatner
La. · 2003 · confidence medium
State v. Brumfield, 96-2667, pp. 14-16 (La.10/28/98), 737 So.2d 660, 669 , cert. denied, 526 U.S. 1025 , 119 S.Ct. 1267 , 143 L.Ed.2d 362 (1999); State v. Parker, 361 So.2d 226, 227 (La.1978).
discussed Cited "see, e.g." State v. Bridgewater
La. · 2002 · signal: see also · confidence medium
Although this Court has found reversible error when material portions of the trial record were unavailable or incomplete, we have declined to reverse an accused's conviction based on "[a] slight inaccuracy in a record or an inconsequential omission from it which is immaterial to a proper determination of the appeal." State v. Ford, 338 So.2d 107, 110 (La.1976); see also State v. Parker, 361 So.2d 226, 227 (La.1978).
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
Wilbert PARKER.
60581.
Supreme Court of Louisiana.
Jul 7, 1978.
361 So. 2d 226
Summers.
Cited by 17 opinions  |  Published

[*227] Anthony R. Frey, III, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., for plaintiff-appellee.

SUMMERS, Justice.

Defendant Wilbert Parker was charged with the second-degree murder of Jeffery Ellis. After trial by jury on December 4, 1974 the jury returned a nine-to-three verdict of guilty as charged. He was sentenced to life imprisonment. A previous trial on this same charge resulted in a mistrial because the jury was unable to reach a verdict.

On appeal from the verdict and sentence, the defense assigns four errors. Assignment 2 asserts that a denial of due process and a fair trial resulted when the prosecutor withheld evidence favorable to defendant's plea of self-defense.

To support this contention defendant refers to his motion for a new trial based upon an alleged violation of the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The motion set forth that the State withheld information that the victim had previously been arrested two times, once on a charge of aggravated battery. Evidence that the victim had been charged with aggravated battery would have supported the self-defense plea of defendant, he claims, by tending to prove that the victim was the aggressor in the encounter which resulted in his death.

Therefore, the defense asserts that when the prosecutor implied or stated in his closing and rebuttal argument to the jury that the victim had never been arrested for violent activities, undue prejudice resulted to the defendant.

Because the record did not contain a transcription of the closing argument of the prosecutor, this Court ordered the record supplemented with a transcript of all closing arguments. The trial court was unable to furnish the transcriptions ordered because the notes of the court reporter were destroyed. The court reporter was also incapable of preparing a transcript from the recorder because the tape was barely audible.

When there is no record of the facts relied upon to support a defense assignment of error, this Court cannot afford a meaningful appeal. It is necessary under these circumstances to retry the case and preserve a record which will permit a meaningful appeal.

For the reasons assigned, the conviction and sentence are set aside and the case is remanded to the trial court for a new trial.

SANDERS, C. J., dissents.

ORDER ON MOTION FOR WITHDRAWAL OF APPEAL

MOTION

Now into Court through undersigned counsel comes defendant, Wilbert Parker. The defendant prays that his appeal taken in the matter of the State of Louisiana v. Wilbert Parker be withdrawn for the following reason.

I.

Defendant has determined that it would be contrary to his best interest to proceed with the appeal.

ORDER

Considering the foregoing motion, it is ordered that the appeal of defendant Wilbert Parker be and the same is withdrawn and dismissed.