basis of other factors (Louisiana) · Go Syfert
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basis of other factors in Louisiana

30 Louisiana opinions name it 2 courts 1998–2025 2 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 (4)

CaseFollowedCited
State v. Underwoodgreen
la · 1977 · cited in 10 Louisiana opinions naming this issue, 1998–2019
2 sentences

2019"Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, La.C.Cr.P. art. 883 ; State v. Underwood , 353 So.2d 1013 , 1019 (La.1977), a trial judge retains discretion to impose consecutive penalties on the basis of other factors, including the offender's past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.

2019"Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, La.C.Cr.P. art. 883 ; State v. Underwood , 353 So.2d 1013 , 1019 (La.1977), a trial judge retains discretion to impose consecutive penalties on the basis of other factors, including the offender's past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.

610
State v. Jacobsgreen
la · 1979 · cited in 9 Louisiana opinions naming this issue, 1998–2019
2 sentences

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49.

2014“Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, La.C.Cr.P. art. 883; State v. Underwood, 353 So.2d 1013, 1019 (LaJ1977),10 a trial judge retains discretion to impose consecutive penalties on the basis of other factors, including the offender’s past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.” State v. Thomas, 98-1144 (La.10/9/98), 719 So.2d 49 ; State v. Williams, 445 So.2d 1171, 1182 (La.1984); State v. Jacobs, 371 So.2d 727, 732-33 (La.1979) (on reh’g).

59
State v. Williamsgreen
la · 1984 · cited in 9 Louisiana opinions naming this issue, 1998–2019
2 sentences

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49.

2014“Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, La.C.Cr.P. art. 883; State v. Underwood, 353 So.2d 1013, 1019 (LaJ1977),10 a trial judge retains discretion to impose consecutive penalties on the basis of other factors, including the offender’s past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.” State v. Thomas, 98-1144 (La.10/9/98), 719 So.2d 49 ; State v. Williams, 445 So.2d 1171, 1182 (La.1984); State v. Jacobs, 371 So.2d 727, 732-33 (La.1979) (on reh’g).

59
State v. Thomasgreen
la · 1998 · cited in 26 Louisiana opinions naming this issue, 1999–2025
2 sentences

2017In State v. Thomas, 98-1144, pp. 1-2 (La. 10/9/98), 719 So.2d 49, 49-50 , the supreme court stated the following regarding the imposition of consecutive sentences for crimes committed as part of a single transaction: Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, La.C.Cr.P. art. 883; State v. Underwood, 353 So.2d 1013, 1019 (La.1977), a trial judge retains discretion to impose consecutive penalties on the basis of other factors, including the offender’s past criminality, violence in the charged crimes, or the risk he or she poses to the

2015However, a trial judge retains discretion to impose consecutive penalties on the basis of other factors, “including the offender’s past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.” Cornejo-Garcia, supra. See also State v. Thomas, 98-1144 (La.10/9/98), 719 So.2d 49 (per curiam).

126

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 (7)

CaseCitedYears
State v. Dempsey green
lactapp · 2003
2 sentences

2015State v. Thomas, 98-1144, p. 1 (La.10/9/98), 719 So.2d 49 ; State v. Dempsey, 2002-1867, p. 5 (La.App. 4 Cir. 4/2/03), 844 So.2d 1037, 1040 , writ denied, 2003-1917 (La.6/25/04), 876 So.2d 823 .

2013State v. Dempsey, 2002-1867, p. 5 (La.App. 4 Cir. 4/2/03), 844 So.2d 1037, 1040 , citing State v. Thomas, 98-1144, p. 1 (La.10/9/98), 719 So.2d 49 ; La.C.Cr.P. art. 883. 8 In the instant case, the seven forcible rapes were perpetrated by a New Orleans Police officer, one upon a twenty-one-year-old female, the other six upon a thirteen-year-old female who was the daughter of his girlfriend.

62005–2015
STATE EX REL. DEMPSEY v. State neutral
la · 2004
2 sentences

2015State v. Thomas, 98-1144, p. 1 (La.10/9/98), 719 So.2d 49 ; State v. Dempsey, 2002-1867, p. 5 (La.App. 4 Cir. 4/2/03), 844 So.2d 1037, 1040 , writ denied, 2003-1917 (La.6/25/04), 876 So.2d 823 .

2012State v. Thomas, 98-1144, p. 1 (La.10/9/98), 719 So.2d 49 ; State v. Dempsey, 2002-1867, p. 5 (La.App. 4 Cir. 4/2/03), 844 So.2d 1037, 1040 , writ denied, 2003-1917 (La.6/25/04), 876 So.2d 823 .

32005–2015
State v. Jefferson green
lactapp · 2005
2 sentences

2015As this Court noted in Jefferson , 04-1960, p. 39, 922 So.2d at 604 : Although Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, a trial judge retains the discretion to impose consecutive sentences on the basis of other factors, including the offender’s past criminality and violence in the charged crimes.

2013In State v. Jefferson, 04-1960, p. 39 (La.App. 4 Cir. 12/21/05), 922 So.2d 577, 604 , this Court explained, while “Louisiana law favors concurrent sentences for crimes committed as part of a single transaction, a trial judge retains the discretion to impose consecutive sentences on the basis of other factors.” Nevertheless, the trial court must articulate specific justification “beyond a mere articulation of the standard sentencing guidelines set forth in La.

32012–2015
State v. Cornejo-Garcia green
lactapp · 2012
2 sentences

2025However, a trial judge retains discretion to impose consecutive penalties on the basis of other factors, “including the offender’s past criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.” Id.

2015However, a trial judge retains discretion to impose consecutive penalties on the basis of other factors, “including the offender’s past 1 ^criminality, violence in the charged crimes, or the risk he or she poses to the general safety of the community.” Cornejo-Garcia , 11-619 at 10, 90 So.3d at 465 .

22015–2025
State v. Bartie neutral
lactapp · 2012
2 sentences

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49. *205 State v. Bartie , 12-673, p. 25 (La.App. 3 Cir. 12/5/12), 104 So.3d 735 , 750, writ denied , 13-39 (La. 8/30/13), 120 So.3d 256 .

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49. *205 State v. Bartie , 12-673, p. 25 (La.App. 3 Cir. 12/5/12), 104 So.3d 735 , 750, writ denied , 13-39 (La. 8/30/13), 120 So.3d 256 .

22019–2019
State ex rel. Miller v. State neutral
la · 2013
2 sentences

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49. *205 State v. Bartie , 12-673, p. 25 (La.App. 3 Cir. 12/5/12), 104 So.3d 735 , 750, writ denied , 13-39 (La. 8/30/13), 120 So.3d 256 .

2019State v. Williams , 445 So.2d 1171 , 1182 (La.1984) ; State v. Jacobs , 371 So.2d 727 , 732-33 (La.1979) (on reh'g)." State v. Thomas , 98-1144, p. 1 (La. 10/9/98), 719 So.2d 49 , 49. *205 State v. Bartie , 12-673, p. 25 (La.App. 3 Cir. 12/5/12), 104 So.3d 735 , 750, writ denied , 13-39 (La. 8/30/13), 120 So.3d 256 .

22019–2019
Pape v. Odeco, Inc. neutral
lactapp · 2003
1 sentence

2011State v. Dempsey, 02-1867, p. 5 (La.App. 4 Cir. 4/2/03), 844 So.2d 1087, 1040 .

12011–2011

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:64 (6) LA § La. Rev. Stat. § 15:438 (6) LA § La. Rev. Stat. § 14:30.1 (5) LA § La. Rev. Stat. § 14:27 (4) LA § La. Rev. Stat. § 14:34.1 (4) LA § La. Rev. Stat. § 14:93.3 (4) LA § La. Rev. Stat. § 1 (3) LA § La. Rev. Stat. § 14:24 (3) LA § La. Rev. Stat. § 14:30 (3) LA § La. Rev. Stat. § 14:43.1 (3) LA § La. Rev. Stat. § 14:60 (3) LA § La. Rev. Stat. § 14:64.3 (3)

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.

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