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12 Louisiana opinions name it 2 courts 1980–2021 1 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 |
|---|---|---|
Smith v. Stategreen2 sentences1980See also Jarrell v. State, supra, 234 Ga. [410] at 425, 216 S.E.2d [258], at 270 (standard is whether `juries generally throughout the state have imposed the death penalty'); Smith v. State, 236 Ga. 12, 24 , 222 S.E.2d 308, 318 (1976) (found a `clear pattern' of jury behavior). 1980See also Jarrell v. State, supra, 234 Ga. [410] at 425, 216 S.E.2d [258], at 270 (standard is whether `juries generally throughout the state have imposed the death penalty'); Smith v. State, 236 Ga. 12, 24 , 222 S.E.2d 308, 318 (1976) (found a `clear pattern' of jury behavior). | 1 | 1 |
Moore v. Stategreen2 sentences1980The court on another occasion stated that `we view it to be our duty under the similarity standard to assure that no death sentence is affirmed unless in similar cases throughout the state the death penalty has been imposed generally...' Moore v. State, 233 Ga. 861, 864 , 213 S.E.2d 829, 832 (1975). 1980The court on another occasion stated that `we view it to be our duty under the similarity standard to assure that no death sentence is affirmed unless in similar cases throughout the state the death penalty has been imposed generally...' Moore v. State, 233 Ga. 861, 864 , 213 S.E.2d 829, 832 (1975). | 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. Wright
green
2 sentences2020Further, " in enacting Article 412. 2, the Legislature did not see fit to impose a restriction requiring such evidence to meet a stringent similarity requirement for admissibility." State v. Wright, 2011- 0141 ( La. 12/ 6/ 11), 79 So. 3d 309, 317 . 2013Id. at p. 11, 79 So.3d at 316 . [[Image here]] Further, in enacting Article 412.2, the Legislature did not see fit to impose a restriction requiring such evidence to meet a stringent similarity requirement for admissibility. | 6 | 2012–2020 |
State v. Williams
green
2 sentences2014We have previously examined the legislative history behind the Article in State v. Williams, 02-1030 (La.10/15/02), 830 So.2d 984 . 2013We have previously examined the legislative history behind the Article in State v. Williams, 2002-1030 (La.10/15/02), 830 So.2d 984 . | 3 | 2011–2014 |
State v. Olivieri
green
2 sentences2018In enacting Article 412.2, "the Legislature did not see fit to impose a restriction requiring such evidence to meet a stringent similarity requirement for admissibility." Id. at 317 . 2018In enacting Article 412.2, "the Legislature did not see fit to impose a restriction requiring such evidence to meet a stringent similarity requirement for admissibility." Id. at 317 . | 2 | 2018–2018 |
State v. Duncan
green
1 sentence2021He also indicated he had seen the defendant " several times" before the incident and identified him as one of the gunmen based on his body build, and " how he acts, mannerisms." See State v. Duncan, 99- 2615 ( La. 10/ 16/ 01), 802 So. 2d 533, 556 , cert. denied, 536 U.S. 907 , 122 S. Ct. 2362 , 153 L.Ed.2d 183 ("[ In contrast to true illustrations,] replications of an original event ... are admissible only if a similarity requirement is satisfied. | 1 | 2021–2021 |
Morales v. Vaughn, Superintendent, State Correctional Institution at Graterford
green
1 sentence2021He also indicated he had seen the defendant " several times" before the incident and identified him as one of the gunmen based on his body build, and " how he acts, mannerisms." See State v. Duncan, 99- 2615 ( La. 10/ 16/ 01), 802 So. 2d 533, 556 , cert. denied, 536 U.S. 907 , 122 S. Ct. 2362 , 153 L.Ed.2d 183 ("[ In contrast to true illustrations,] replications of an original event ... are admissible only if a similarity requirement is satisfied. | 1 | 2021–2021 |
Osterback v. Ingram
green
1 sentence2021He also indicated he had seen the defendant " several times" before the incident and identified him as one of the gunmen based on his body build, and " how he acts, mannerisms." See State v. Duncan, 99- 2615 ( La. 10/ 16/ 01), 802 So. 2d 533, 556 , cert. denied, 536 U.S. 907 , 122 S. Ct. 2362 , 153 L.Ed.2d 183 ("[ In contrast to true illustrations,] replications of an original event ... are admissible only if a similarity requirement is satisfied. | 1 | 2021–2021 |
Philistin v. Pennsylvania
green
1 sentence2021He also indicated he had seen the defendant " several times" before the incident and identified him as one of the gunmen based on his body build, and " how he acts, mannerisms." See State v. Duncan, 99- 2615 ( La. 10/ 16/ 01), 802 So. 2d 533, 556 , cert. denied, 536 U.S. 907 , 122 S. Ct. 2362 , 153 L.Ed.2d 183 ("[ In contrast to true illustrations,] replications of an original event ... are admissible only if a similarity requirement is satisfied. | 1 | 2021–2021 |
State v. Jackson
green
1 sentence2018While the act of performing oral sex upon C.H. and touching her with his penis were somewhat dissimilar acts from the instant act, and also could have subjected him to a more serious prosecution for aggravated rape or molestation of a juvenile, Art. 412.2 was enacted after State v. Jackson , supra , and, as noted above, no longer requires such evidence to meet a stringent similarity requirement for admissibility. | 1 | 2018–2018 |
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.