unanimous verdict requirement (Louisiana) · Go Syfert
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unanimous verdict requirement in Louisiana

5 Louisiana opinions name it 2 courts 1969–2020 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.

Followed or applied (2)

CaseFollowedCited
State v. Goodleygreen
la · 1981 · cited in 2 Louisiana opinions naming this issue, 1982–2006
2 sentences

2006In Goodley , the court noted, "if the state does not want to meet the unanimous verdict requirement mandated in prosecutions of capital crimes, it can re-charge the defendant with a non-capital crime." Goodley, 398 So.2d at 1071 .

1982See State v. Goodley, 398 So.2d 1068 (La.1981). [4] This identical argument was raised in State v. Gilmore, 332 So.2d 789 (La.1976) where the defendant objected to the district attorney amending a first degree murder indictment in open court to charge second degree murder on the basis that he was deprived of a vested right to a unanimous jury verdict. [5] We rejected defendant's argument concluding that the district attorney was inherently empowered to amend the indictment to *674 charge a lesser included offense which amendment not only lessened the gravity of the charge but also eliminated t

12
State v. Gilmoregreen
la · 1976 · cited in 2 Louisiana opinions naming this issue, 1981–1982
2 sentences

1981In view of these court actions in Gilmore, supra, and Sermon, supra, and the constitutional and statutory provisions outlined above, we find that a unanimous jury is required in a case where the defendant is being prosecuted under an unamended charge of first degree murder, a capital offense, to render any verdict, notwithstanding the fact that the state may have stipulated that it would not seek the death penalty. [4] As was the result in Gilmore, supra, if the state does not want to meet the unanimous verdict requirement mandated in prosecutions of capital crimes, it can re-charge the defend

1981In view of these court actions in Gilmore, supra, and Sermon, supra, and the constitutional and statutory provisions outlined above, we find that a unanimous jury is required in a case where the defendant is being prosecuted under an unamended charge of first degree murder, a capital offense, to render any verdict, notwithstanding the fact that the state may have stipulated that it would not seek the death penalty. [4] As was the result in Gilmore, supra, if the state does not want to meet the unanimous verdict requirement mandated in prosecutions of capital crimes, it can re-charge the defend

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ramos v. Louisiana green
scotus · 2020
2 sentences

2020The defendant cites Ramos v. Louisiana, _ U.S. _, 140 S. Ct. 1390 , 206 L.Ed.2d 583 ( 2020).

2020The defendant cites Ramos v. Louisiana, _ U.S. _, 140 S. Ct. 1390 , 206 L.Ed.2d 583 ( 2020).

12020–2020
State ex rel. Spears v. Braniff neutral
la · 1980
1 sentence

1981In view of these court actions in Gilmore, supra, and Sermon, supra, and the constitutional and statutory provisions outlined above, we find that a unanimous jury is required in a case where the defendant is being prosecuted under an unamended charge of first degree murder, a capital offense, to render any verdict, notwithstanding the fact that the state may have stipulated that it would not seek the death penalty. [4] As was the result in Gilmore, supra, if the state does not want to meet the unanimous verdict requirement mandated in prosecutions of capital crimes, it can re-charge the defend

11981–1981
State v. Schoonover green
la · 1968
2 sentences

1969“We must await a clear exposition of this point by the Federal Supreme Court before we can decide whether a unanimous verdict is a requirement of the Sixth Amendment of the Federal Constitution which is obligatory on the States.” State v. Schoonover, 252 La. 311 , 211 So.2d 273, 278 .

1969“We must await a clear exposition of this point by the Federal Supreme Court before we can decide whether a unanimous verdict is a requirement of the Sixth Amendment of the Federal Constitution which is obligatory on the States.” State v. Schoonover, 252 La. 311 , 211 So.2d 273, 278 .

11969–1969
Duncan v. Louisiana green
scotus · 1968
2 sentences

1969The case of Duncan v. State of Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 , is not apposite.

1969The case of Duncan v. State of Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 , is not apposite.

11969–1969

Where else courts name it

KY 32 (1984–2026) TX 24 (2006–2025) WA 10 (1982–2017) OR 7 (2021–2022) LA 5 (1969–2020) MN 5 (1973–2015) MO 4 (1983–2018) MD 3 (1992–2015) IL 3 (1989–2021) NC 3 (1967–2009) CT 2 (1991–2010) TN 2 (1997–2002) KS 2 (2001–2021) WI 2 (1981–2003)

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.

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