Cited by

Opinions in Louisiana that cite State v. Simmons, 817 So. 2d 16.

25 citing documents.

State of Louisiana v. Daryl Leeson La. Ct. App. 4th Cir. 2019
5/14/02), -21, held that: Unauthorized entry of an inhabited dwelling, the charged offense, is defined by La.
State v. Robinson 259 So. 3d 1244 La. Ct. App. 2d Cir. 2018
State of Louisiana v. Jubbard Price 250 So. 3d 230 La. 2018
5/14/02), because reasonable state of facts can be imagined wherein the greater offense second degree kidnapping is committed without perpetration of the lesser offense of simple kidnapping, a verdict of guilty of simple kidnapping is not responsive to a c
State v. Otkins-Victor 193 So. 3d 479 La. Ct. App. 1st Cir. 2016
State v. Simmons, 01-0293 (La.5/14/02), .
State of Louisiana v. William J. Graham 180 So. 3d 271 La. 2015
State v. Wilson 138 So. 3d 661 La. Ct. App. 1st Cir. 2014
As noted by the Louisiana Supreme Court in State v. Simmons, 01-0293, p. 4 (La.5/14/02), , “[s]tated another way, ‘if any reasonable state of facts can be imagined wherein the greater offense is committed without the perpetration of the lesser offense, a verdict for the lesser offense cannot be responsive [citations omitted].’ ” Because theft requires an essential element that armed robbery does not —
State v. Merrill 105 So. 3d 264 La. Ct. App. 1st Cir. 2012
State v. Simmons, 01-0293 (La.5/14/02); .
State v. Thomas 102 So. 3d 244 La. Ct. App. 1st Cir. 2012
Defendant relies on State v. Simmons, 2001-293, p. 4 (La.5/14/02), , as support for his argument that the trial judge had no discretion to | ^refuse to give the requested instruction, because it was a lesser and included offense of the charged offense.
State v. Massey 97 So. 3d 13 La. Ct. App. 1st Cir. 2012
5 Cir. 1/26/99) , , writ denied, 99-624 (La.6/25/99), ; and State v. Simmons, 01-293 (La.5/14/02), .
State v. Maxwell 83 So. 3d 113 La. Ct. App. 1st Cir. 2011
As noted by the Louisiana Supreme Court in State v. Simmons, 2001-0293 (La.5/14/02), , “Stated another way, ‘if any reasonable state of facts can be imagined wherein the greater offense is committed without the perpetration of the lesser offense, a verdict for the lesser offense cannot be responsive [citations omitted].’ ” 2001-0293 at 4, 817 So.2d at 19 .
State of Louisiana v. Lisa M. Brown La. Ct. App. 3d Cir. 2011
5/14/02), -20 explained the significance of Article 807: By its own terms, this article requires written submission of requested “special charges.” .
State v. Brown 58 So. 3d 618 La. Ct. App. 1st Cir. 2011
State v. Simmons, 01-293, pp. 4-5 (La.5/14/02), , 19-20 explained the significance of Article 807: By its own terms, this article requires written submission of requested “special charges.” ...
State v. Henry 27 So. 3d 935 La. Ct. App. 1st Cir. 2009
State v. Simmons, 01-293 (La.5/14/02), ().
State v. Allen 2 So. 3d 499 La. Ct. App. 1st Cir. 2008
The Louisiana Supreme Court held in State v. Simmons, 2001-0293, p. 4 (La.5/14/02), , 19 that a “trial court has no discretion to refuse to give the requested instruction” “applicable to an offense which is truly a lesser and included offense of the offense charged.” We concluded Marts by describing the trial court’s error as “highly prejudicial” and by remanding the matter for a new trial.
State v. Robertson 988 So. 2d 166 La. 2008
State v. Simmons, 01-293, p. 3 (La.5/14/02), , citing State v. Porter, 93-1106 (La.7/5/94), ; State ex rel.
State v. Rideau 947 So. 2d 127 La. Ct. App. 4th Cir. 2006
*140 In State v. Simmons, 01-0293 (La.5/14/02), , the Louisiana Supreme Court noted that under La.
State of Louisiana v. Warren Todd Dossman La. Ct. App. 3d Cir. 2006
State v. Dossman 940 So. 2d 876 La. Ct. App. 3d Cir. 2006
In support of his argument, Defendant points to State v. Simmons, 01-293 (La.5/14/02), .
State ex rel. Roland v. State 897 So. 2d 586 La. 2005
See State v. Simmons, 01-293, pp. 6-7 (La.5/14/02), ; State v. Hernandez, 02-340 (La.App.
State v. Roland 865 So. 2d 692 La. 2004
See State v. Armstrong, 02-2464 (La.9/5/03), ; see also State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hern
State v. Armstrong 855 So. 2d 731 La. 2003
See State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hern
State v. Roland 850 So. 2d 738 La. Ct. App. 2d Cir. 2003
Admittedly, after the trial of this case, the Louisiana Supreme Court, in State v. Simmons, 01-0293 (La.5/14/02), , held that trespassing is a responsive verdict to the charge of unauthorized entry of an inhabited dwelling because the crime of unauthorized entry of an inhabited dwelling necessarily includes all of the elements of the lesser charge of trespassing.
State v. Sylvia 845 So. 2d 358 La. 2003
State v. Simmons, 01-0293 (La.5/15/02), .
State v. Williams 846 So. 2d 22 La. Ct. App. 5th Cir. 2003
State v. Simmons, 01-0293, p. 5 (La.5/14/02), .
State v. Hernandez 824 So. 2d 529 La. Ct. App. 5th Cir. 2002
In a recent decision, State v. Simmons, 01-K-0293 (La.5/14/02), , the Louisiana Supreme Court reversed the defendant's conviction and sentence and remanded the case for a new trial after concluding that criminal trespass is a responsive verdict to the charge of unauthorized entry of an inhabited dwelling.