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11 Louisiana opinions name it 2 courts 1986–2023 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 |
|---|---|---|
State v. Prieurred2 sentences2005The Louisiana Supreme Court recognized the danger of introduction of other convictions or acts of misconduct in State v. Prieur, 277 So.2d 126, 128 (La.1973): "* * * the natural and inevitable tendency of the tribunal — whether judge or jury — is to give excessive weight to the vicious record of crime thus exhibited, and either to allow it to bear too strongly on the present charge, or to take the proof of it as justifying a condemnation irrespective of guilt of the present charge. * * *" 1 Wigmore, Evidence § 194 (3rd Edition). 2002The Louisiana Supreme Court recognized the danger of introduction of other convictions or acts of misconduct in State v. Prieur, 277 So.2d 126, 128 (La.1973): "* * * the natural and inevitable tendency of the tribunal—whether judge or jury—is to give excessive weight to the vicious record of crime thus exhibited, and either to allow it to bear too strongly on the present charge, or to take the proof of it as justifying a condemnation irrespective of guilt of the present charge. * * *" 1 Wigmore, Evidence § 194 (3rd Edition). | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Green
green
2 sentences2016In Green, supra, a defendant appealing a third degree theft conviction complained on appeal that the statute of his conviction was unconstitutional because it authorized the use of his prior convictions as evidence of his present guilt without mandating a limiting jury instruction that the prior convictions were relevant only as to enhanced punishment. 2007S[tat]. 14:67 within the requirements of the Due Process Clause, which we believe mandates a limiting jury instruction in the third offense theft recidivist trials." Green, 493 So.2d at 592 . | 5 | 1995–2016 |
Spencer v. Texas
green
2 sentences2002In ruling that a one-stage recidivist trial procedure would, in the absence of a mandatory limiting jury instruction "fall below the minimum level the Fourteenth Amendment will tolerate," the Supreme Court relied on the United States Supreme Court case Spencer v. Texas, 385 U.S. 554 , 87 S.Ct. 648 , 17 L.Ed.2d 606 (1967). 2002In ruling that a one-stage recidivist trial procedure would, in the absence of a mandatory limiting jury instruction "fall below the minimum level the Fourteenth Amendment will tolerate," the Supreme Court relied on the United States Supreme Court case Spencer v. Texas, 385 U.S. 554 , 87 S.Ct. 648 , 17 L.Ed.2d 606 (1967). | 2 | 1986–2002 |
State v. Bibbins
neutral
1 sentence2023This Court held that the trial court had not “abused its discretion in allowing the other crimes and acts into evidence to establish Mr. Bibbins’ identity, particularly given the trial court’s limiting jury instruction,” and stated that “without that other crimes evidence, there is a lack of evidence linking the person nicknamed “Mo” with Mr. Bibbins.” Id., at pp. 13-14, 258 So.3d at 144-45 . | 1 | 2023–2023 |
State v. CURINGTON
green
1 sentence2018App. 5 Cir. 10/26/10), 51 So.3d 764 , 771, writ denied , 2010-2612 (La. 4/8/11), 61 So.3d 684 (the courts held that since the defendants did not timely raise an objection to the admission of "other crimes" evidence without a limiting jury instruction, they are precluded from raising the issue on appeal). | 1 | 2018–2018 |
State v. Caliste
green
1 sentence2018App. 5 Cir. 10/26/10), 51 So.3d 764 , 771, writ denied , 2010-2612 (La. 4/8/11), 61 So.3d 684 (the courts held that since the defendants did not timely raise an objection to the admission of "other crimes" evidence without a limiting jury instruction, they are precluded from raising the issue on appeal). | 1 | 2018–2018 |
State v. Franklin
green
1 sentence2002The court also noted that the procedure here passed constitutional muster since, in accord with State v. Green, 493 So.2d 588 (La.1986), a limiting jury instruction that the defendant's past convictions are not to be taken into account in assessing his guilt or innocence of the primary offense charged, was given, so that the one-stage recidivist trial procedure did not "fall below the minimum level the fourteenth amendment will tolerate." In a subsequent case, State v. Franklin, 96-1346 (La.App. 3rd Cir.4/16/97), 693 So.2d 219 , writs denied, 97-2129 (La.3/13/98), 712 So.2d 867 , where the def | 1 | 2002–2002 |
State v. Williams
neutral
1 sentence2002The Third Circuit was again presented with the same issue in State v. Williams, 96-476 (La.App. 3rd Cir.4/30/97), 693 So.2d 870 , writs denied, 97-1365 (La.10/31/97), 703 So.2d 20 , upon which the defense relies. | 1 | 2002–2002 |
State v. Franklin
green
1 sentence2002The court also noted that the procedure here passed constitutional muster since, in accord with State v. Green, 493 So.2d 588 (La.1986), a limiting jury instruction that the defendant's past convictions are not to be taken into account in assessing his guilt or innocence of the primary offense charged, was given, so that the one-stage recidivist trial procedure did not "fall below the minimum level the fourteenth amendment will tolerate." In a subsequent case, State v. Franklin, 96-1346 (La.App. 3rd Cir.4/16/97), 693 So.2d 219 , writs denied, 97-2129 (La.3/13/98), 712 So.2d 867 , where the def | 1 | 2002–2002 |
State v. Parfait
neutral
1 sentence2002The Third Circuit was again presented with the same issue in State v. Williams, 96-476 (La.App. 3rd Cir.4/30/97), 693 So.2d 870 , writs denied, 97-1365 (La.10/31/97), 703 So.2d 20 , upon which the defense relies. | 1 | 2002–2002 |
State v. Bouzigard
green
1 sentence2002The court also noted that the procedure here passed constitutional muster since, in accord with State v. Green, 493 So.2d 588 (La.1986), a limiting jury instruction that the defendant's past convictions are not to be taken into account in assessing his guilt or innocence of the primary offense charged, was given, so that the one-stage recidivist trial procedure did not "fall below the minimum level the fourteenth amendment will tolerate." In a subsequent case, State v. Franklin, 96-1346 (La.App. 3rd Cir.4/16/97), 693 So.2d 219 , writs denied, 97-2129 (La.3/13/98), 712 So.2d 867 , where the def | 1 | 2002–2002 |
State v. Goza
green
1 sentence1988“Even if the evidence is ultimately admissible, the defendant is entitled as a matter of fairness to notice of the particular offenses which the State intends to prove and to an opportunity to prepare any defense he may have against them.” State v. Goza, supra at 1353 . | 1 | 1988–1988 |
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.