State v. Jackson (1990)
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· 9 citation events
across 2 courts.
Showing the 6 strongest citers on record
(one row per citing case, strongest signal kept).
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State v. Delanueville (2012)
In State v. Davis, 00-278 (La.App. 5 Cir. 8/29/00) , 768 So.2d 201, 208 , writ [ 17denied, 00-2730 (La.8/31/01), 795 So.2d 1205 , the case cited by the trial judge, this Court noted that “historically the method of hearing motions for new trial has been left to the trial judge’s discretion.” (quoting State v. Jackson, 570 So.2d 227, 231 (La.App. 5 Cir.1990)).
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State v. Tracy (2002)
Although LAS-C.Cr.P. art. 852 requires contradictory trial of motions for new trial, "historically the method of hearing motions for new trial has been left to the trial judge's discretion." State v. Davis, 00-278 (La.App. 5 Cir. 8/29/00) , 768 So.2d 201, 208 , writ denied, 00-2730 (La.8/31/01), 795 So.2d 1205 (citing State v. Jackson, 570 So.2d 227, 231 (La.App. 5 Cir.1990)). [19] LAS-C.Cr.P. art. 851(4); McCants, supra ; Arvie, supra ; Bean, supra . [20] Bean, supra . [21]…
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State v. Brisban (2002)
The judge did not abuse his discretion in denying this motion."); State v. Varnado, 154 La. 575 , 97 So. 865, 868 (1923) ("If the reading of the motion imparts to [the judge] sufficient knowledge to enable him to intelligently dispose of the matter, he cannot be arbitrarily required to delay his ruling for the purpose of further hearing or argument."); [2] State v. Jackson, 570 So.2d 227, 231 (La.App. 5 Cir.1990) (finding no error in the trial court's decision not to conduct…
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State v. Allen (2001)
In State v. Jackson, 570 So.2d 227, 231 (La.App. 5 Cir.1990), habeas corpus granted on other grounds, 1996 WL 225021 (E.D.La.1996), rev’d, 121 F.3d 705 (5th Cir. 1997), cert. denied, Jackson v. Day, 523 U.S. 1006 , 118 S.Ct. 1191 , 140 L.Ed.2d 321 (1998), the Louisiana Fifth Circuit Court of Appeal found that: |sC.Cr.P. art. 852 provides that the motion “shall be tried contradictorily with the district attorney;” however, historically the method of hearing motions for new tr…
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State v. Davis (2000)
Art. 852 provides, "A motion for a new trial shall be in writing, shall state the grounds upon which it is based, and shall be tried contradictorily with the district attorney." Although art. 852 requires contradictory trial of motions for new trial, "historically the method of hearing motions for new trial has been left to the trial judge's discretion." State v. Jackson, 570 So.2d 227, 231 (La.App. 5 Cir.1990).
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State v. Thomas (2013)
See also State v. Barfield, 292 So.2d 580 (La.1974), and State v. Jackson, 570 So.2d 227 (La.App. 5th Cir.1990).