Cited by
Opinions in Louisiana that cite State v. Johnson, 884 So. 2d 568.
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State v. Favors
11 So. 3d 1243
La. Ct. App. 1st Cir. 2009
10/19/04), (for sentencing enhancement purposes, the subsequent felony must have been committed after the predicate conviction or convictions).
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Tensas Poppadoc, Inc. v. Chevron USA, Inc.
La. Ct. App. 3d Cir. 2009
State v. Johnson, 03-2993 (La.10/19/04), Theriot, 694 So.2d at 186.
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Tensas Poppadoc, Inc. v. Chevron USA, Inc.
10 So. 3d 1259
La. Ct. App. 2d Cir. 2009
State v. Johnson, 03-2993 (La.10/19/04), ; Theriot, 694 So.2d at 186 .
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Hunter v. Morton's Seafood Restaurant & Catering
6 So. 3d 152
La. 2009
State v. Johnson, 2003-2993, p. 11 (La.10/29/04); ; Theriot v. Midland Risk Insurance *156 Co., 1995-2895, p. 3 (La.5/20/97); .
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MJ Farms, Ltd. v. Exxon Mobil Corp.
998 So. 2d 16
La. 2008
State v. Johnson, 03-2993 (La.10/19/04), ; Theriot, 694 So.2d at 186 .
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State v. Robbins
986 So. 2d 828
La. Ct. App. 2d Cir. 2008
2 Cir. 8/23/06), [5] and State v. Johnson, *836 2003-2993 (La.10/19/04), .
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State v. Fussell
974 So. 2d 1223
La. 2008
State v. Johnson, 03-2993, p. 12 (La.10/19/04), ; see also State v. Dick, 06-2223, p. 9 (La.1/26/07), .
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City of New Orleans v. ASSESSORS'RETIREMENT AND RELIEF FUND
986 So. 2d 1
La. 2008
State v. Johnson, 03-2993, p. 12 (La.10/19/04), ; Theriot , 95-2895 at p. 3, 694 So.2d at 186 .
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State v. Shaw
969 So. 2d 1233
La. 2007
The underpinnings of that decision were called into question by our recent decision in State v. Johnson, 03-2993 (La.10/19/04), , which repudiated the jurisprudentially created "one day, one conviction" rule in determining a defendant's habitual offender status.
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FNB OF PICAYUNE v. Pearl River Fabricators
971 So. 2d 302
La. 2007
State v. Johnson, 03-2993 (La.10/19/04), ; Theriot, 694 So.2d at 186 .
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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), .
- State v. Shaw 957 So. 2d 160 La. 2007
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State v. LeBlanc
951 So. 2d 1087
La. 2007
In State v. Johnson, 03-2993 (La.10/19/04), , this Court overruled State ex rel.
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State v. Dick
951 So. 2d 124
La. 2007
State v. Johnson, 03-2993, p. 12 (La.10/19/04), ; Theriot , 95-2895 at p. 3, 694 So.2d at 186 .
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State of Louisiana v. Carey Louis Hood
La. Ct. App. 3d Cir. 2006
10/19/04), because the purse snatching charge arose on January 30, 1991 and the simple burglary charge arose on April 4, 1991, each conviction can be used as a separate offense to habitualize the Defendant, even though he was convicted of both offenses on the same day.
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State v. Hood
943 So. 2d 1277
La. Ct. App. 3d Cir. 2006
10/19/04), , because the purse snatching charge arose on January 30, 1991 and the simple burglary charge arose on April 4, 1991, each conviction can be used as a separate offense to habitualize the Defendant, even though he was convicted of both offenses on the same day.
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Overruled
State v. Shaw
939 So. 2d 519
La. Ct. App. 2d Cir. 2006
Porter v. Butler, supra , is "no longer good law," as it was specifically overruled in State v. Johnson, 2003-2993 (La.10/19/04), , and legislatively suppressed by 2005 La.
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State v. Spano
936 So. 2d 304
La. Ct. App. 2d Cir. 2006
10/19/04 State v. Johnson, 2003-2993 (La.10/19/04), : overruled Mims; convictions count individually even though guilty pleas were on the same day-PROVIDED same-day CONVICTIONS are BASED UPON UNRELATED CONDUCT, NOT A SINGLE COURSE OF ACTION.
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State v. Williams
930 So. 2d 203
La. Ct. App. 2d Cir. 2006
In 2004, the Johnson case was rendered ( State v. Johnson, 03-2993 (La.10/19/04), ).
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Moss v. State
925 So. 2d 1185
La. 2006
1993); Theriot v. Midland Risk Insurance Company, 95-2895 (La.5/20/97), ; State v. Johnson, 03-2993 (La.10/19/04), .
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Donovan Monceaux v. R & R Construction, Inc.
La. Ct. App. 3d Cir. 2005
10/19/04), -77, the supreme court set out several rules governing statutory construction: First, those who enact statutory provisions are presumed to act deliberately and with full knowledge of existing laws on the same subject, with awareness of court cases and well-established principles of statut
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Monceaux v. R & R CONST., INC.
919 So. 2d 795
La. Ct. App. 3d Cir. 2005
In State v. Johnson, 03-2993, pp. 14-15 (La.10/19/04), -77 , the supreme court set out several rules governing statutory construction: First, those who enact statutory provisions are presumed to act deliberately and with full knowledge of existing laws on the same subject, with awareness of court cases and well-established principles of statutory construction, and wit
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State v. Williams
916 So. 2d 1285
La. Ct. App. 2d Cir. 2005
In State v. Johnson, 2003-2993 (La.10/19/04), , the supreme court held that, under the habitual offender statute, multiple convictions obtained on the same date but based on unrelated conduct can be counted separately for sentence enhancement, thereby overruling State ex rel.
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State v. Galle
904 So. 2d 773
La. Ct. App. 1st Cir. 2005
10/19/04), , applies to this issue.
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State v. Dorsey
907 So. 2d 154
La. Ct. App. 1st Cir. 2005
Not only did the supreme court in Everett pose questions concerning the sequencing scheme, but in State v. Johnson, 03-2993 (La.10/19/04), , the supreme court expressly overruled Mims, which held that the amended habitual offender statute did not eliminate the sequencing requirement necessary for enhancement of sentencing under the Habitual Offender Law.
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State of Louisiana v. Carey Louis Hood
La. Ct. App. 3d Cir. 2005
10/19/04), wherein the supreme court revisited its holding in State ex rel.
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State v. Hood
895 So. 2d 624
La. Ct. App. 3d Cir. 2005
Porter, ; ; and State v. Johnson, 03-2993 (La.10/19/04), .
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State v. Butler
894 So. 2d 415
La. Ct. App. 4th Cir. 2005
Recently, our Supreme Court reconsidered the validity of Mims based on the Everett dicta, in State v. Johnson, 2003-2993 (La.10/19/04), .
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State v. LeBlanc
897 So. 2d 736
La. Ct. App. 1st Cir. 2004
State v. Johnson, 2003-2993, p. 17-18 (La.10/19/04), -579 (overruling State ex rel.
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State v. Lowery
890 So. 2d 711
La. Ct. App. 1st Cir. 2004
Recently, the Louisiana Supreme Court granted certiorari in State v. Johnson, *722 2003-2993 (La.10/19/04), , to consider the continuing validity of their decision in Mims.