Cited by
Opinions in Louisiana that cite State v. Everett, 816 So. 2d 1272.
- State of Louisiana v. Christopher Raymond Diano La. 2025
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State of Louisiana v. Darren D. McKeever
La. Ct. App. 2d Cir. 2023
5/14/02), State v. Baker, 06-2175 (La.
- State Of Louisiana v. Rodney Jack Strain, Jr. La. Ct. App. 1st Cir. 2023
- State Of Louisiana v. Christine Jackson La. Ct. App. 1st Cir. 2022
- State v. Williams 247 So. 3d 129 La. Ct. App. 1st Cir. 2018
- State v. Shaw 223 So. 3d 607 La. Ct. App. 2d Cir. 2017
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State of Louisiana v. Michael James Lacour
La. Ct. App. 3d Cir. 2013
uction under the rule of lenity, State v. Carr, 99-2209, p. 4 (La.5/26/00), the rule is not to be applied with “such unreasonable technicality as to defeat the purpose of all rules of statutory construction, which purpose is to ascertain and enforce the true meaning and intent of the statute.” State v. Everett, 00-2998, p. 12 (La.5/14/02), quoting State v. Broussard, 213 La.
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State v. Lacour
117 So. 3d 203
La. Ct. App. 1st Cir. 2013
atutes are subject to strict construction under the rule of lenity, State v. Carr, 99-2209, p. 4 (La.5/26/00), , the rule is not to be applied with “such unreasonable technicality as to defeat the purpose of all rules of statutory construction, which purpose is to ascertain and enforce the true meaning and intent of the statute.” State v. Everett, 00-2998, p. 12 (La.5/14/02), , quoting State v. Broussard, 213 La.
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State v. Beaudette
97 So. 3d 600
La. Ct. App. 1st Cir. 2012
State v. Everett, 2000-2998 (La.5/14/02), .
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State v. Everett
96 So. 3d 605
La. Ct. App. 1st Cir. 2012
4 Cir. 9/27/00), , reversed on other grounds, 00-2998 (La.5/14/02), .
- State of Louisiana v. Taurean Jackson La. Ct. App. 3d Cir. 2012
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State v. Jackson
92 So. 3d 1243
La. Ct. App. 1st Cir. 2012
The legislative purpose for sentencing under the habitual offender provision was set forth by the court in State v. Everett, 00-2998 (La.5/14/02), .
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State of Louisiana v. Ricky Joseph Langley
La. Ct. App. 3d Cir. 2011
5/14/02), quoting State v. Broussard, 213 La.
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State v. Langley
61 So. 3d 747
La. Ct. App. 1st Cir. 2011
atutes are subject to strict construction under the rule of lenity, State v. Carr, 99-2209, p. 4 (La.5/26/00), , the rule is not to be applied with “such unreasonable technicality as to defeat the purpose of all rules of statutory construction, which purpose is to ascertain and enforce the true meaning and intent of the statute.” State v. Everett, 00-2998, p. 12 (La.5/14/02), , quoting State v. Broussard, 213 La.
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State v. Cummings
57 So. 3d 499
La. Ct. App. 2d Cir. 2011
Discussion In State v. Everett, 2000-2998 (La.5/14/02), , the Louisiana Supreme Court was called upon to determine whether La.
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State v. Watts
41 So. 3d 625
La. Ct. App. 1st Cir. 2010
atutes are subject to strict construction under the rule of lenity, State v. Carr, 99-2209, p. 4 (La.5/26/00), , the rule is not to be applied with “such unreasonable technicality as to defeat the purpose of all rules of statutory construction, which purpose is to ascertain and enforce the true meaning and intent of the statute.” State v. Everett, 00-2998, p. 12 (La.5/14/02), , quoting State v. Broussard, 213 La.
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State v. Barthelemy
32 So. 3d 999
La. Ct. App. 1st Cir. 2010
4 Cir. 9/27/00), , reversed on other grounds, 2000-2998
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State v. Grimes
16 So. 3d 418
La. Ct. App. 1st Cir. 2009
State v. Everett, 00-2998 (La.5/14/02), .
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State v. Timmons
998 So. 2d 145
La. Ct. App. 2d Cir. 2008
State v. Everett, 00-2998 (La.5/14/02), .
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State v. Robinson
996 So. 2d 56
La. Ct. App. 4th Cir. 2008
App. 4 Cir. 9/27/00), , rev'd on other grounds, 00-2998 (La.5/14/02), .
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State of Louisiana v. E.P.C., Jr.
La. Ct. App. 3d Cir. 2008
5/14/02), the supreme court explained: Art. I, § 10 of the United States Constitution and La.Const.
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State v. E.P.C.
980 So. 2d 219
La. Ct. App. 1st Cir. 2008
The defendant also argues that the imposition of “such restrictions is tantamount to a sentencing entrapment with regard to departures from sentencing guidelines.” In State v. Everett, 00-2988, p. 13 (La.5/14/02), , the supreme court explained: Art. I, § 10 of the United States Constitution and La.
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State v. Baker
970 So. 2d 948
La. 2008
State v. Everett, 2000-2998 p. 7 (La.5/14/02), .
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State v. Shaw
969 So. 2d 1233
La. 2007
State v. Everett, 00-2998, p. 12 (La.5/14/02), , quoting State v. Broussard, 213 La.
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State v. King
969 So. 2d 1228
La. 2007
State v. Johnson, 03-2993, p. 18 (La.10/19/04), ; State v. Everett, 2000-2998, p. 7 (La.5/14/02), ; State v. Johnson, 97-1906, p. 8 (La.3/4/98), .
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State v. Johnson
962 So. 2d 1126
La. Ct. App. 2d Cir. 2007
*1135 In State v. Everett, 2000-2998 (La.5/14/02), , the supreme court stated: Subsection (C) [of La.
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State v. Clesi
959 So. 2d 957
La. Ct. App. 1st Cir. 2007
[9] See State v. Everett, 2000-2998, pp. 6-7 (La.5/14/02), , for a discussion of the term "cleansing period."
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State v. Greene
951 So. 2d 1226
La. Ct. App. 5th Cir. 2007
State v. Everett, 00-2998 (La.5/14/02), .
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State v. Mourra
940 So. 2d 29
La. Ct. App. 5th Cir. 2006
State v. Everett, 00-2998 (La.5/14/02), .
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State v. King
935 So. 2d 354
La. Ct. App. 2d Cir. 2006
See State v. Everett, 2000-2998 (La.05/14/02), .
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State v. Thomas
938 So. 2d 168
La. Ct. App. 1st Cir. 2006
The defendant cites Chief Justice Calogero's concurrence (although referred to by the defendant as a dissent) in State v. Everett, 2000-2998 (La.5/14/02), .
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State v. Qualls
921 So. 2d 226
La. Ct. App. 2d Cir. 2006
See State v. Everett, 00-2998 (La.5/14/02), .
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State v. Thomas
904 So. 2d 896
La. Ct. App. 5th Cir. 2005
[9] The Louisiana Supreme Court has recognized that the applicable period is the one in effect when the underlying offense is committed in State v. Everett, 00-2998 (La.5/14/02), .
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State v. Brown
904 So. 2d 805
La. Ct. App. 1st Cir. 2005
statutes are subject to strict construction under the rule of lenity, State v. Carr, supra, the rule is not to be applied with “ ‘such unreasonable technicality as to defeat the purpose of all rules of statutory construction, which ^purpose is to ascertain and enforce the true meaning and intent of the statute.’ ” State v. Everett, 00-2998 (La.5/14/02), (quoting State v. Brous- *809 sard; 213 La.
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State v. Dorsey
907 So. 2d 154
La. Ct. App. 1st Cir. 2005
On remand, the trial court found that although the dates of the guilty pleas concerning the predicate offenses were entered on the same date, State v. Everett, 00-2998 (La.5/14/02), , questioned the prior Mims decision.
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State v. Washington
895 So. 2d 691
La. Ct. App. 2d Cir. 2005
15:529.1(C.); State v. Everett, 00-2998 (La.5/14/02), .
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State v. Butler
894 So. 2d 415
La. Ct. App. 4th Cir. 2005
In State v. Everett, 2000-2998 (La.5/14/02), , cited by the State, the Louisiana Supreme Court rejected the argument by the defendant therein that under La.
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State v. Lowery
890 So. 2d 711
La. Ct. App. 1st Cir. 2004
However, (2002) questions the prior Mims decision [citing pages 1280-1283 by footnote].
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State v. Williams
893 So. 2d 7
La. 2004
State v. Everett, 00-2998, p. 12 (La.5/14/02), , reh'g denied, 6/21/02, quoting State v. Broussard, 213 La.
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State v. Johnson
884 So. 2d 568
La. 2004
The correctness of our holding in Mims was first called into question, albeit in dicta, by our decision in State v. Everett, 00-2998 (La.5/14/02), , wherein we revealed that, in the course of examining a different aspect of the Habitual Offender Law, legislative material unavailable at the time of the Mims decision had been uncovered.
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State v. Brown
879 So. 2d 1276
La. 2004
State v. Everett, 00-2998, p. 12 (La.5/14/02), , reh'g denied, 6/21/02, quoting State v. Broussard, 213 La.
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State v. Goldston
868 So. 2d 196
La. Ct. App. 1st Cir. 2004
At the multiple bill hearing, the State argued that under State v. Everett, 2000-2998 (La.5/14/02), , the defendant could be sentenced as a third felony offender.
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State v. Young
863 So. 2d 658
La. Ct. App. 1st Cir. 2003
In State v. Everett, 2000-2998 (La.5/14/02), , the Supreme Court discussed La.
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State v. Tumblin
857 So. 2d 1045
La. Ct. App. 1st Cir. 2003
Moreover, he contends his motion to quash should have been granted because the trial court erred in stating that it would be bound by the decision of the Louisiana Supreme Court in State v. Everett, 00-2998 (La.5/14/02), .
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State v. Lyles
858 So. 2d 35
La. Ct. App. 5th Cir. 2003
This issue was recently addressed by our Supreme Court in State v. Everett, 00-2998 (La.5/14/02), .
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In re Laudumiey
849 So. 2d 515
La. 2003
10 In State v. Everett, 00-2998 (La.5/14/02), , this court explained the focus of the ex post facto analysis is whether the | mew law redefines conduct or increases the penalty by which the conduct is punishable: Art. I, § 10 of the United States Constitution and La.
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State v. Abram
832 So. 2d 1050
La. Ct. App. 1st Cir. 2002
The Louisiana Supreme Court granted writs, and remanded to this Court for consideration in light of its recent opinion, State v. Everett, 00-2998 (La.5/14/02), .
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State v. Foster
828 So. 2d 566
La. 2002
See State v. Everett, 00-K-2998 (La.5/14/02)
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State v. Abram
826 So. 2d 1111
La. 2002
Case remanded to the Court of Appeal for consideration in light of State v. Everett, 00-2998 (La.5/14/02), .
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State v. Woods
828 So. 2d 6
La. Ct. App. 4th Cir. 2002
State v. Everett, 2000-2998 (La.5/14/02), .