Cited by
Opinions in Louisiana that cite State v. Hampton, 818 So. 2d 720.
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State of Louisiana v. Dequincy Jamel Lewis
La. Ct. App. 3d Cir. 2026
2704, 2710, 97 L.Ed.2d 37 (1987); State v. Hampton, 00-0522, pp. 4-5 (La.3/22/02), –724.
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State of Louisiana v. Jarvis Turner
La. 2026
3/22/02), the court of appeal reversed, finding that such collateral attacks must be accompanied by testimony or an affidavit from defense counsel acknowledging they prevented the defendant from testifying.
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State of Louisiana v. Brhian Thomas
La. 2025
3/22/02), –30, we see no reason not to consider applicant’s sworn post-conviction testimony in connection with his other claims.
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State of Louisiana v. Jarvis Turner
La. Ct. App. 4th Cir. 2025
3/22/02), which held that such violations constitute structural error not subject to harmless error review, the State’s position raises important considerations.
- State of Louisiana v. Destiny Lacourse La. Ct. App. 4th Cir. 2024
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State of Louisiana Versus Arthur Williams
La. Ct. App. 5th Cir. 2024
03/22/02), -30, the Louisiana Supreme Court, quoting Passos-Paternina v. United States, 12 F. Supp. 2d 231, 239-40 (D.P.R.
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State of Louisiana v. Kendrick Nelson Shepherd
La. Ct. App. 3d Cir. 2024
2704, 2710, 97 L.Ed.2d 37 (1987); State v. Hampton, 00–0522, pp. 4–5 (La.3/22/02), –724.
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State of Louisiana v. William A. McDonough
La. Ct. App. 4th Cir. 2023
3/22/02), ), writ denied, 2022-00923, p. 1 (La.
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State of Louisiana v. Damond Scott
La. Ct. App. 4th Cir. 2023
3/22/02), on reh'g in part (June 7, 2002), the Louisiana Supreme Court adopted two criteria for determining 22 whether a defendant’s right to testify was violated or waived by his silence at trial, stating as follows: (1) absent extraordinary circumstances that should al
- State Of Louisiana v. Robert Javontie Marks La. Ct. App. 1st Cir. 2023
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State of Louisiana Versus John W. Patton
La. Ct. App. 5th Cir. 2022
3/22/02), on reh'g in part (6/7/02).
- State of Louisiana v. Eddie Harrison La. Ct. App. 4th Cir. 2022
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State of Louisiana Versus Isaiah Doyle
La. Ct. App. 5th Cir. 2021
3/22/02), on reh’g in part (6/7/02).
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State Of Louisiana v. Terrence Ty'rell Carvin
La. 2021
3/22/02), turned to Passos -Paternina v. United States , 12 F.Supp.2d 231 (D.P.R.
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State of Louisiana v. Matthew Chester
La. Ct. App. 4th Cir. 2020
3/22/02), on limited reh’g (June 7, 2002), wary that a broad-based ruling on the denial of a defendant’s right to testify could open the floodgates for post-conviction relief in any case in which the defendant did not testify, the Louisiana Supreme Court adopted two criteria for determining whether a defendant’s right to t
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State v. Latique
265 So. 3d 93
La. Ct. App. 1st Cir. 2019
3/22/02), , argues that if his right to testify was violated, his convictions and sentences must be set aside.
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State of Louisiana v. Elijah James Latique
La. Ct. App. 3d Cir. 2019
3/22/02), argues that if his right to testify was violated, his convictions and sentences must be set aside.
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State of Louisiana v. Chadwick McGhee
La. Ct. App. 3d Cir. 2017
3/22/02), - 30), Defendant needs to “‘allege specific facts, including an affidavit from counsel’ and point to record evidence to support his claim.” Although Defendant has raised specific allegations regarding the circumstances surrounding his alleged denial of the right to testify, the record before this court does no
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State v. McGhee
229 So. 3d 581
La. Ct. App. 1st Cir. 2017
3/22/02), -30 ), Defendant needs to “‘allege specific facts, including an affidavit from counsel’ and- point to record evidence to support his claim.” Although Defendant has raised specific allegations regarding the circumstances surrounding hiS' alleged denial of the right to testify, the record before this court does not
- State v. Davis 199 So. 3d 1139 La. 2016
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State v. Wells
191 So. 3d 1127
La. Ct. App. 1st Cir. 2016
See, e.g., State v. Hampton, 00-0522 (La.3/22/02), .
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State ex rel. Arnaud v. State
188 So. 3d 1004
La. 2016
State v. Hampton, 05-0522, p. 14-15 (La.3/22/02), -30 .
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State of Louisiana v. Robert Glen Coleman
188 So. 3d 174
La. 2016
3/22/02), this court established criteria to aid trial courts in determining whether a defendant has waived his right to testify or simply chose not to do so for strategic purposes: (1) absent extraordinary circumstances that should alert the trial court to a conflict between attorney and client, the court sho
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State v. Rumley
183 So. 3d 640
La. Ct. App. 1st Cir. 2015
2704, 2708-2710 , 97 L.Ed.2d 37 (1987); State v. Hampton, 2000-0522, p. 5-7 (La.3/22/02), 25 .
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State v. Johnson
182 So. 3d 1039
La. Ct. App. 2d Cir. 2015
944 , 79 L.Ed.2d 122 (1984); State v. Hampton, 2000-522 (La.3/22/02), ; State v. Shumaker, supra.
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State v. Marzett
123 So. 3d 831
La. Ct. App. 1st Cir. 2013
State v. Hampton, 00-0522, p. 10 (La.3/22/02), .
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State v. Alexander
118 So. 3d 1138
La. Ct. App. 1st Cir. 2013
In State v. Hampton, 00-522 (La.3/22/02), , on reh’g, (La.6/7/02) (citing Passos-Paternina v. United States, 12 F.Supp.2d 231 (D.P.R.1998)), the Louisiana Supreme Court set forth the following guidelines to be utilized by the courts in determining whether a criminal defendant’s right to testify has been violated or waived by his silence during trial: (1)
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State v. Hall
108 So. 3d 188
La. Ct. App. 2d Cir. 2012
In State v. Hampton, 2000-0522 (La.3/22/02), , on reh’g, (La.6/7/02), citing Passos-Paternina v. United States, 12 F.Supp.2d 231 (D.P.R.1998), the Louisiana Supreme Court set forth the following guidelines to be utilized by the courts in determining whether a criminal defendant’s right to testify has been violated or waived by his silence during trial: (1) absen
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STATE EX REL. HILLS v. State
54 So. 3d 1109
La. 2011
*1110 Nonetheless, under either version of the trial transcript, relator fails to show that he was denied the right to testify under the standards set forth in State v. Hampton, 00-0522, pp. 14-15 (La.3/22/02), -30 (inmate must “allege specific facts, including an affidavit from counsel” and point to record evidence to support his claim).
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State of Louisiana v. Ronnie White-Hardison
La. Ct. App. 3d Cir. 2008
2704, 2710, 97 L.Ed.2d 37 (1987); State v. Hampton, 00-0522, pp. 4-5 (La.3/22/02), -724.
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State v. WHITE-HARDISON
998 So. 2d 939
La. Ct. App. 3d Cir. 2008
2704, 2710 , 97 L.Ed.2d 37 (1987); State v. Hampton, 00-0522, pp. 4-5 (La.3/22/02), -724 .
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State v. Shaw
969 So. 2d 1233
La. 2007
2704, 2710 , 97 L.Ed.2d 37 (1987); State v. Hampton, 00-0522, pp. 4-5 (La.3/22/02), -724 .
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State v. James
938 So. 2d 691
La. 2006
State v. Hampton, 00-0522, p. 14-15 (La.3/22/02), -30 .
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State v. Shaw
939 So. 2d 519
La. Ct. App. 2d Cir. 2006
He contends that the judge's questioning violated his constitutional rights under State v. Hampton, XXXX-XXXX (La.3/22/02), .
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State of Louisiana v. Ricky J. Langley
La. Ct. App. 3d Cir. 2004
3/22/02), State v. Brown, 03-1747 (La.App.
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State v. Langley
896 So. 2d 200
La. Ct. App. 3d Cir. 2004
See also, State v. Hampton, 00-0522 (La.3/22/02), ; State v. Brown, 03-1747 (La.App.
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State v. Jones
888 So. 2d 766
La. 2004
In addition, State v. Hampton, 00-0522 (La.3/22/02), , does not provide an exception to the time bar because it does not set out a “theretofore unknown interpretation of constitutional law ...
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State v. Lagarde
861 So. 2d 871
La. Ct. App. 1st Cir. 2003
Mr. Lagarde thus contends that this case is functionally identical to State v. Hampton, 2000-0522 (La.3/22/02), , and that he is entitled to a new trial.
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Distinguished
State v. Morgan
842 So. 2d 1126
La. Ct. App. 1st Cir. 2003
4 Cir. 7/17/02) , , and State v. Hampton, 2000-0522 (La.3/22/02), .
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State v. Thompson
825 So. 2d 552
La. Ct. App. 4th Cir. 2002
Since this application has been pending in this court the Louisiana Supreme Court decided State v. Hampton, 00-0522 (La.3/22/02), , wherein the Court found that the violation of the right to testify was a structural error for which a harmless test could not be used.