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5 Louisiana opinions name it 2 courts 1996–2016 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. Wessingerred1 sentence2016See State v. Wessinger, 98-1234 at pp, 34-35, 736 So.2d at 190. | 1 | 1 |
State v. Loydgreen1 sentence1999See State v. Loyd, 96-1805 (La.2/13/97), 689 So.2d 1321, 1331 ("Louisiana's instruction is an even-handed one which accurately informs jurors that a death sentence as well as a life sentence remains subject to executive revision."). | 1 | 1 |
Penry v. Lynaughred2 sentences1997See, Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989) (Texas death penalty scheme held unconstitutional to the extent that the defendant's history of mental illness, a factor traditionally viewed as mitigating evidence, was considered in aggravation, rather than mitigation); Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983). 1997See, Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989) (Texas death penalty scheme held unconstitutional to the extent that the defendant's history of mental illness, a factor traditionally viewed as mitigating evidence, was considered in aggravation, rather than mitigation); Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983). | 1 | 1 |
State v. Grantgreen1 sentence1996See also State v. Grant, 555 So.2d 528 (La. | 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. Shaffer
green
1 sentence2012The defendant alternatively argues that the application of the holding in State v. Shaffer, 2011-1756 (La.11/23/11), 77 So.3d 939 (per curiam), would remove the commutation requirement on his life sentence and allow him to be considered for parole at the age of forty-five. | 1 | 2012–2012 |
California v. Ramos
green
2 sentences1997Defendant expounds on Justice Kimball's concurrence in Jones , arguing that the instruction mandated by La.C.Cr.P. art. 905.2(B) violates federal due process guarantees. [4] Although the U.S. Supreme Court appears to approve of the commutation instruction in Ramos, 463 U.S. 992 , 103 S.Ct. 3446 , 77 L.Ed.2d 1171 , he contends that subsequent jurisprudential developments since Ramos indicate that the Court no longer approves of such instruction. 1997Defendant expounds on Justice Kimball's concurrence in Jones , arguing that the instruction mandated by La.C.Cr.P. art. 905.2(B) violates federal due process guarantees. [4] Although the U.S. Supreme Court appears to approve of the commutation instruction in Ramos, 463 U.S. 992 , 103 S.Ct. 3446 , 77 L.Ed.2d 1171 , he contends that subsequent jurisprudential developments since Ramos indicate that the Court no longer approves of such instruction. | 1 | 1997–1997 |
Caldwell v. Mississippi
green
2 sentences1997The Court held that accurate information regarding the governor's commutation power was relevant to sentencing determinations, but that information concerning appellate review "is not linked to any arguably valid sentencing consideration." Caldwell, 472 U.S. at 335 , 105 S.Ct. at 2643 . 1997The Court held that accurate information regarding the governor's commutation power was relevant to sentencing determinations, but that information concerning appellate review "is not linked to any arguably valid sentencing consideration." Caldwell, 472 U.S. at 335 , 105 S.Ct. at 2643 . | 1 | 1997–1997 |
Zant v. Stephens
green
2 sentences1997See, Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989) (Texas death penalty scheme held unconstitutional to the extent that the defendant's history of mental illness, a factor traditionally viewed as mitigating evidence, was considered in aggravation, rather than mitigation); Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983). 1997See, Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989) (Texas death penalty scheme held unconstitutional to the extent that the defendant's history of mental illness, a factor traditionally viewed as mitigating evidence, was considered in aggravation, rather than mitigation); Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983). | 1 | 1997–1997 |
State Ex Rel. Glover v. State
red
1 sentence1997Like the provision in Glover , the commutation instruction "only has a speculative or attenuated risk of affecting a prisoner's actual term of confinement, and is not an increase in punishment." 660 So.2d 1189 , 1201 n. 14. | 1 | 1997–1997 |
State v. Lindsey
green
1 sentence1997Citing the long line of decisions beginning with State v. Lindsey, 404 So.2d 466 , cert. denied, 464 U.S. 908 , 104 S.Ct. 261 , 78 L.Ed.2d 246 , (1983) and culminating in Jones , he argues that this court has consistently held that this instruction violates federal due process guarantees. | 1 | 1997–1997 |
Lindsey v. Louisiana
green
1 sentence1997Citing the long line of decisions beginning with State v. Lindsey, 404 So.2d 466 , cert. denied, 464 U.S. 908 , 104 S.Ct. 261 , 78 L.Ed.2d 246 , (1983) and culminating in Jones , he argues that this court has consistently held that this instruction violates federal due process guarantees. | 1 | 1997–1997 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.