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5 Louisiana opinions name it 1 courts 1982–2005 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Jonesgreen1 sentence1986Should they find that the verdict of the jury, if the death sentence is imposed only, is out of proportion they would reverse your decision...." We most recently cautioned against this type of argument in State v. Jones, 474 So.2d 919, 930-31 (La.1985), where we quoted extensively from previous jurisprudence of this court: "`Any prosecutor who refers to appellate review of the death sentence treads dangerously in the area of reversible error. | 1 | 1 |
State v. Mooregreen1 sentence1983However, this Court has affirmed death sentences in cases in which such a reference by the prosecutor, "although close to reversible error, did not induce the jury to believe that its responsibility was lessened by appellate review." State v. Moore, 414 So.2d 340, 347 (La.1982). | 1 | 1 |
State v. Matthesongreen1 sentence1982"Any prosecutor who refers to appellate review of the death sentence treads dangerously in the area of reversible error." State v. Mattheson, 407 So.2d 1150 at 1165 (La., 1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Berry
green
2 sentences2005In State v. Berry, 391 So.2d 406 (La. 1980), on reh'g, cert. denied, 451 U.S. 1010 , 101 S.Ct. 2347 , 68 L.Ed.2d 863 (1981), this court cautioned that counsel who "refers to appellate review of the death sentence treads dangerously in the area of reversible error." Id. at 418. 1985Proceed." In State v. Berry, 391 So.2d 406 (La. 1980), cert. denied, 451 U.S. 1010 , 101 S.Ct. 2347 , 68 L.Ed.2d 863 (1981), this court warned prosecutors about commenting on appellate review of death sentences, as follows: "Any prosecutor who refers to appellate review of the death sentence treads dangerously in the area of reversible error. | 3 | 1983–2005 |
Berry v. Louisiana
green
2 sentences2005In State v. Berry, 391 So.2d 406 (La. 1980), on reh'g, cert. denied, 451 U.S. 1010 , 101 S.Ct. 2347 , 68 L.Ed.2d 863 (1981), this court cautioned that counsel who "refers to appellate review of the death sentence treads dangerously in the area of reversible error." Id. at 418. 2005In State v. Berry, 391 So.2d 406 (La. 1980), on reh'g, cert. denied, 451 U.S. 1010 , 101 S.Ct. 2347 , 68 L.Ed.2d 863 (1981), this court cautioned that counsel who "refers to appellate review of the death sentence treads dangerously in the area of reversible error." Id. at 418. | 3 | 1983–2005 |
State v. Willie
green
1 sentence1982In State v. Willie, 410 So.2d 1019 (La., 1982), a more prejudicial argument resulted in the sentence being vacated. [2] The prosecution here did not give the impression that the jury was making only a tentative determination. | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.