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25 Louisiana opinions name it 2 courts 1981–2011 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. Williamsgreen2 sentences2005State v. Williams, 96-1023, p. 17 (La.1/21/98), 708 So.2d 703, 718 (“[A]n instruction equating reasonable doubt with ‘a serious doubt for which you could give a good reason’ [is] not constitutionally infirm.”) (citing Smith, 91-0749 at 2, 637 So.2d at 399 ); see also State v. Brumfield, 96-2667, p. 47 (La.10/28/98), 737 So.2d 660, 684-85 (citing Smith). 2005State v. Williams, 96-1023, p. 17 (La.1/21/98), 708 So.2d 703, 718 (“[A]n instruction equating reasonable doubt with ‘a serious doubt for which you could give a good reason’ [is] not constitutionally infirm.”) (citing Smith, 91-0749 at 2, 637 So.2d at 399 ); see also State v. Brumfield, 96-2667, p. 47 (La.10/28/98), 737 So.2d 660, 684-85 (citing Smith). | 4 | 4 |
State v. Jarrellgreen2 sentences2005See also State v. Jarrell, 98-0707 (La.7/2/98), 721 So.2d 898 . 2005See also State v. Jarrell, 98-0707 (La.7/2/98), 721 So.2d 898 . | 4 | 4 |
State v. Brumfieldgreen2 sentences2005State v. Williams, 96-1023, p. 17 (La.1/21/98), 708 So.2d 703, 718 (“[A]n instruction equating reasonable doubt with ‘a serious doubt for which you could give a good reason’ [is] not constitutionally infirm.”) (citing Smith, 91-0749 at 2, 637 So.2d at 399 ); see also State v. Brumfield, 96-2667, p. 47 (La.10/28/98), 737 So.2d 660, 684-85 (citing Smith). 2005State v. Williams, 96-1023, p. 17 (La.1/21/98), 708 So.2d 703, 718 (“[A]n instruction equating reasonable doubt with ‘a serious doubt for which you could give a good reason’ [is] not constitutionally infirm.”) (citing Smith, 91-0749 at 2, 637 So.2d at 399 ); see also State v. Brumfield, 96-2667, p. 47 (La.10/28/98), 737 So.2d 660, 684-85 (citing Smith). | 4 | 4 |
State v. Cagegreen2 sentences1994State v. Cage, 583 So.2d 1125, 1129 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991). [5] The two dissenters to that opinion had originally joined the majority in finding that reasonable persons of ordinary intelligence would have properly understood the Cage instruction on reasonable doubt. 1994State v. Cage, 583 So.2d 1125, 1129 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991). [5] The two dissenters to that opinion had originally joined the majority in finding that reasonable persons of ordinary intelligence would have properly understood the Cage instruction on reasonable doubt. | 1 | 3 |
State v. Wolfegreen2 sentences1994As to the defendants' ineffective assistance of counsel argument, this court rejected the same argument in State v. Wolfe, 630 So.2d 872, 883-884 (La.App. 4th Cir.1993), "[b]ecause at the time of trial, this jury instruction had been upheld by the Louisiana Supreme Court, any objection made by counsel would have been a vain and useless act and counsel was not "deficient" for failing to object." See State v. Taylor, 410 So.2d 224, 225 (La.1982) (upholding Cage instruction). 1994State v. Wolfe, 630 So.2d 872 (La.App. 4th Cir.1993). | 1 | 2 |
State v. Taylorgreen1 sentence1994As to the defendants' ineffective assistance of counsel argument, this court rejected the same argument in State v. Wolfe, 630 So.2d 872, 883-884 (La.App. 4th Cir.1993), "[b]ecause at the time of trial, this jury instruction had been upheld by the Louisiana Supreme Court, any objection made by counsel would have been a vain and useless act and counsel was not "deficient" for failing to object." See State v. Taylor, 410 So.2d 224, 225 (La.1982) (upholding Cage instruction). | 1 | 1 |
State v. Harrisongreen2 sentences1993In Harrison, the Louisiana Supreme Court held that the instruction constituted error even though it did not contain all of the phrases found in the Cage instruction because in Cage it was "stated that the word `grave' suggested a higher degree of doubt than that required for acquittal under a reasonable doubt standard." State v. Harrison at 789-90. 1993In Harrison, the Louisiana Supreme Court held that the instruction constituted error even though it did not contain all of the phrases found in the Cage instruction because in Cage it was "stated that the word `grave' suggested a higher degree of doubt than that required for acquittal under a reasonable doubt standard." State v. Harrison at 789-90. | 1 | 1 |
Bond v. Commercial Union Assur. Companiesgreen1 sentence1981See Bond v. Commercial Union Assurance Companies et al, 387 So.2d 617 (La.App. 3rd Cir. 1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cage v. Louisiana
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 10 | 1992–2005 |
Victor v. Nebraska
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 8 | 1994–2005 |
State v. Smith
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 6 | 1999–2011 |
Sullivan v. Louisiana
green
2 sentences1994Defendant’s argument for relief is based in part on Sullivan v. Louisiana, — U.S. -, 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993), wherein the United State Supreme Court, on review of a direct appeal to the Louisiana Supreme Court, found that a Cage error is not subject to a harmless error review. 1994Defendant’s argument for relief is based in part on Sullivan v. Louisiana, — U.S. -, 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993), wherein the United State Supreme Court, on review of a direct appeal to the Louisiana Supreme Court, found that a Cage error is not subject to a harmless error review. | 6 | 1993–1996 |
State v. Dobson
green
2 sentences2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). 2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). | 5 | 1992–2005 |
Mitchell v. United States
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 5 | 1999–2005 |
Palomino-Figueroa v. United States
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 5 | 1999–2005 |
Harris v. Evans
green
2 sentences2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. 2005The Court stated: In State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 , cert. denied, 513 U.S. 1045 , 115 S.Ct. 641 , 130 L.Ed.2d 546 (1994), this court held that in light of Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), a so-called Cage instruction, see Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990)(per curiam), did not require reversal of the defendant’s conviction on grounds that it diluted the state’s burden of proving the accused’s guilt beyond a reasonable doubt in violation of due process guarantees. | 5 | 1999–2005 |
Hamer v. David
green
2 sentences1994State v. Cage, 583 So.2d 1125, 1129 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991). [5] The two dissenters to that opinion had originally joined the majority in finding that reasonable persons of ordinary intelligence would have properly understood the Cage instruction on reasonable doubt. 1994State v. Cage, 583 So.2d 1125, 1129 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991). [5] The two dissenters to that opinion had originally joined the majority in finding that reasonable persons of ordinary intelligence would have properly understood the Cage instruction on reasonable doubt. | 3 | 1992–1994 |
State v. Smith
green
2 sentences2006State v. Smith, 600 So.2d 1319 , 1326 n. 5 (La.1992). 2006State v. Smith, 600 So.2d 1319 , 1326 n. 5 (La.1992). | 2 | 1992–2006 |
Cittadino v. Cain
green
2 sentences2005C.Cr.P. art. 930.8(A)(2) because Humphrey for the first time in April 1998 held that Cage was retroactive. 5 In State v. Penns, 99-2916 (La.12/20/99), 758 So.2d 776 , cert. denied, 120 S.Ct. 2014 (2000), the Louisiana Supreme Court held that while Humphrey was persuasive authority, the opinion was not binding on courts in this state. 2005C.Cr.P. art. 930.8(A)(2) because Humphrey for the first time in April 1998 held that Cage was retroactive. 5 In State v. Penns, 99-2916 (La.12/20/99), 758 So.2d 776 , cert. denied, 120 S.Ct. 2014 (2000), the Louisiana Supreme Court held that while Humphrey was persuasive authority, the opinion was not binding on courts in this state. | 2 | 2005–2005 |
State v. Goldston
green
2 sentences2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). 2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). | 2 | 2005–2005 |
State v. Penns
green
2 sentences2005C.Cr.P. art. 930.8(A)(2) because Humphrey for the first time in April 1998 held that Cage was retroactive. 5 In State v. Penns, 99-2916 (La.12/20/99), 758 So.2d 776 , cert. denied, 120 S.Ct. 2014 (2000), the Louisiana Supreme Court held that while Humphrey was persuasive authority, the opinion was not binding on courts in this state. 2005C.Cr.P. art. 930.8(A)(2) because Humphrey for the first time in April 1998 held that Cage was retroactive. 5 In State v. Penns, 99-2916 (La.12/20/99), 758 So.2d 776 , cert. denied, 120 S.Ct. 2014 (2000), the Louisiana Supreme Court held that while Humphrey was persuasive authority, the opinion was not binding on courts in this state. | 2 | 2005–2005 |
State v. Berniard
green
2 sentences2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). 2005In State v. Goldston, 2003-1215, pp. 14-15 (La.App. 4 Cir. 2/11/04) , 868 So.2d 196, 205 , this Court noted that there was no objection to the-reasonable doubt jury instruction and stated that the claim relating to the alleged Cage instruction had not been preserved, citing See State v. Berniard, 625 So.2d 217 (La.App. 4th Cir.1993), and State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991). | 2 | 2005–2005 |
State v. Dobson
green
2 sentences1992In the present case, however, the trial judge's instruction followed the reasonable doubt standard, although he used terms later found to be erroneous. [5] Moreover, the previous holdings that the Cage error can be harmless, State v. Cage, 583 So.2d 1125 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991), and that the Cage error is subject to the requirements of the contemporaneous objection rule in non-capital cases, State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991), writ denied, 588 So.2d 1110 (La. 1991), support our conclusion that Cage is not a watershed rule 1992In the present case, however, the trial judge's instruction followed the reasonable doubt standard, although he used terms later found to be erroneous. [5] Moreover, the previous holdings that the Cage error can be harmless, State v. Cage, 583 So.2d 1125 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 211 , 116 L.Ed.2d 170 (1991), and that the Cage error is subject to the requirements of the contemporaneous objection rule in non-capital cases, State v. Dobson, 578 So.2d 533 (La.App. 4th Cir.1991), writ denied, 588 So.2d 1110 (La. 1991), support our conclusion that Cage is not a watershed rule | 2 | 1992–1992 |
Francis v. Franklin
green
2 sentences1994(Calogero, C.J. in dissent; similar position taken by Dennis, J.) In reviewing the allegedly erroneous jury charge, the United States Supreme Court in Cage asked whether a reasonable juror "could have" misapplied the instruction, a standard first used in Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985). 1994(Calogero, C.J. in dissent; similar position taken by Dennis, J.) In reviewing the allegedly erroneous jury charge, the United States Supreme Court in Cage asked whether a reasonable juror "could have" misapplied the instruction, a standard first used in Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985). | 1 | 1994–1994 |
State v. Harrison
green
2 sentences1993In State v. Harrison, supra, the Louisiana Supreme Court equated the "grave uncertainty" error with the Cage error only within the context of the factual circumstances of that particular case. 1993In State v. Harrison, supra, the Louisiana Supreme Court equated the "grave uncertainty" error with the Cage error only within the context of the factual circumstances of that particular case. | 1 | 1993–1993 |
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.