Cited by
Opinions in Louisiana that cite State v. Romar, 985 So. 2d 722.
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State of Louisiana Versus Josue Hernandez-Romero
La. Ct. App. 5th Cir. 2023
7/1/08), and State v. Williams, 11-1231 (La.
- State of Louisiana v. Felton Thompson La. Ct. App. 4th Cir. 2023
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State of Louisiana v. Deismond Derral Simmons
La. Ct. App. 3d Cir. 2022
7/1/08), the supreme court found the court of appeal erred in precluding the State from arguing a cause for interruption that was not raised in the trial court.
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State Of Louisiana v. Jonathan Ray Harbin, Jr.
La. Ct. App. 1st Cir. 2021
7/ 1/ 08), ( per curiam).
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State of Louisiana v. Justin Marshall
La. Ct. App. 4th Cir. 2019
7/1/08), the State charged the defendant by bill of information on December 16, 1997.
- State v. Gumms 247 So. 3d 193 La. Ct. App. 1st Cir. 2018
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State v. Reed
218 So. 3d 729
La. Ct. App. 1st Cir. 2017
7/1/08), (per curiam), resolved a split among the circuits and firmly held that “La.
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State v. Otkins-Victor
193 So. 3d 479
La. Ct. App. 1st Cir. 2016
prevent the oppression caused by suspending, criminal prosecutions, over citizens for indefinite periods of time.’” State v. Romar, 07-2140 (La.7/1/08), .
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State v. Victor
195 So. 3d 128
La. Ct. App. 1st Cir. 2016
prevent the oppression caused by suspending criminal prosecutions over citizens for indefinite periods of time.’” State v. Romar, 07-2140 (La.7/1/08), .
- State of Louisiana Versus Errol Victor, Sr. La. Ct. App. 5th Cir. 2016
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State v. Brown
193 So. 3d 267
La. Ct. App. 1st Cir. 2016
See State v. Romar, 07-2140, pp. 3-6 (La.7/1/08), -26 (interpreting the provision of La.
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State v. Stewart
176 So. 3d 465
La. Ct. App. 1st Cir. 2015
The Louisiana Supreme Court explained that this burden ordinarily “ ‘requires the State to exercise due diligence in discovering the whereabouts of the defendant as well as taking appropriate steps to secure his presence for trial once it has found him.’ ” State v. Romar, 07-2140, p. 3 (La.7/1/08), , quoting State v. Bobo, 03-2362, p. 5 (La.4/30/04), -56 .
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State v. Domino
216 So. 3d 898
La. Ct. App. 1st Cir. 2015
State v. Romar, 2007-2140, p. 3 (La.7/1/08), (citing State v. Rome, 93-1221, p. 3 (La.1/14/94), ) (citations | ¿omitted).
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State v. Brown
161 So. 3d 99
La. Ct. App. 1st Cir. 2015
In support of its argument, the State cites State v. Romar, 07-2140 (La.7/1/08), , in which the Louisiana Supreme Court held that a defendant’s failure to appear for trial after receiving actual notice was a direct contempt of court and, thus, a valid ground for interruption of the time limitation in La.C.Cr.P.
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State v. Williams
156 So. 3d 1285
La. Ct. App. 1st Cir. 2014
Finally, the State argues that under State v. Romar, 07-2140 (La.7/1/08), , it had no obligation to spend resources chasing a wayward defendant.
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State v. Pierre
146 So. 3d 681
La. Ct. App. 1st Cir. 2014
In State v. Romar, 2007-2140 (La.7/1/08), , the Louisiana Supreme Court, resolving a split [7among the circuit courts, considered whether La.
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State v. Jones
144 So. 3d 1092
La. Ct. App. 1st Cir. 2014
However, the Louisiana Supreme Court in State v. Roman 2007-2140, p. 6 (La.7/1/08), , firmly held that “La.C.Cr.P.
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State v. Thomas
138 So. 3d 92
La. Ct. App. 1st Cir. 2014
These statutory limitations for the commencement of trial "provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant’s right to a fair trial would be prejudiced.” State v. Romar, 07-2140, p. 3 (La.7/1/08), (per curiam) (citing United States v. Marion, 404 U.S. 307, 322 , 92 S.Ct.
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State v. Anderson
132 So. 3d 1265
La. Ct. App. 1st Cir. 2014
In State v. Romar, 07-2140, p. 6 (La.7/1/08), , 725 the Louisiana Supreme Court held that La.Code Crim.
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State v. Brady
131 So. 3d 166
La. Ct. App. 1st Cir. 2013
In support, the State cites State v. Romar, 07-2140 (La.7/1/08), , for the proposition that when a defendant’s absence results from his imprisonment in another jurisdiction, the State must take affirmative steps once his whereabouts have come to its attention.
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State of Louisiana v. Thomas Kirk Gaton
La. Ct. App. 3d Cir. 2013
7/1/08) it was noted that the Legislature amended La.
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State v. Dipietro
118 So. 3d 1182
La. Ct. App. 1st Cir. 2013
In State v. Romar, 07-2140 (La.7/1/08), , the Louisiana Supreme Court found that the State bears no affirmative duty to search for a defendant who fails to appear at a proceeding pursuant to actual notice, even where the State could have seemingly found the defendant.
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State v. Joseph
112 So. 3d 363
La. Ct. App. 1st Cir. 2013
State v. Romar, 2007-2140, p. 3 (La.7/1/08), (citing State v. Rome, 93-1221, p. 3 (La.1/14/94), ) (citations omitted).
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State v. McQuirter
108 So. 3d 370
La. Ct. App. 1st Cir. 2013
The Louisiana Supreme Court held in State v. Rome, 93-1221, p. 3 (La.1/14/94), , that when the state is unable, through no fault of its own, to try a defendant within the period specified by statute, “An interruption of prescription occurs.” The State argues that, pursuant to State v. Romar, 2007-2140 (La.7/1/08), , and La.
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State v. McKenzie
105 So. 3d 959
La. Ct. App. 1st Cir. 2012
State v. Romar, 07-2140, p. 3 (La.7/1/08), (citation omitted).
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State v. Davis
105 So. 3d 981
La. Ct. App. 1st Cir. 2012
State v. Romar, 07-2140 (La.7/1/08), .
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State v. Drummer
107 So. 3d 666
La. Ct. App. 1st Cir. 2012
That burden ordinarily “requires the State to exercise due diligence in discovering the whereabouts of the defendant as well as taking appropriate steps to secure his presence for trial once it has found him.” State v. Romar, 07-2140, p. 3 (La.7/1/08), ; citing State v. Bobo, 03-2362, p. 5 (La.4/30/04), -56 .
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State v. Andres
100 So. 3d 953
La. Ct. App. 1st Cir. 2012
prevent the oppression caused by suspending criminal prosecutions over citizens for indefinite periods of time.’” State v. Romar, 2007-2140, p. 8 (La.7/1/08), , citing State v. Rome, 93-1221 (La.1/14/94), .
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State v. Lommasson
81 So. 3d 796
La. Ct. App. 1st Cir. 2011
prevent the oppression caused by suspending criminal prosecutions over citizens for indefinite | fiperiods of time.’ ” State v. Romar, 07-2140, p. 3 (La.7/1/08), (per curiam), quoting State v. Rome, 93-1221 (La.1/14/94), .
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State v. Green
72 So. 3d 949
La. Ct. App. 1st Cir. 2011
The State supports its argument and cites the case of State v. Romar, 2007-2140, p. 3 (La.7/1/08), , in which the Supreme Court opined: As a general matter, the state has two years from the institution of prosecution to begin trial of a non-capital felony.
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State v. Dillon
72 So. 3d 473
La. Ct. App. 1st Cir. 2011
See State v. Romar, 07-2140, p. 3 (La.7/1/08), ; State v. Baptiste, 08-2468 (La.6/23/10), .
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State v. Baker
71 So. 3d 545
La. Ct. App. 1st Cir. 2011
In State v. Romar, 07-2140 (La.7/1/08), , a defendant who was wanted on an outstanding warrant for a third offense of operating a motor vehicle while intoxicated reappeared in court eight years later, following his arrest on another charge of operating a motor vehicle while intoxicated, and execution of the open attachment.
- State of Louisiana v. C.W. W. La. Ct. App. 3d Cir. 2010
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State v. Peters
52 So. 3d 233
La. Ct. App. 1st Cir. 2010
“[A] defendant who has chosen to ignore actual notice should not receive any benefit from his action; by the same token, the Appellant should not bear the burden of finding and reserving (or arresting) such defendants.” State v. Romar, 2007-2140, *236 p. 5 (La.7/1/08), (quoting State v. Buckley, 2002-1288, p. 8 (La.App.
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State v. CURINGTON
51 So. 3d 764
La. Ct. App. 1st Cir. 2010
prevent the oppression caused by suspending criminal prosecutions over citizens for indefinite periods of time.’ ” State v. Romar, 07-2140, p. 3 (La.7/1/08), .
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State v. Sorden
45 So. 3d 181
La. Ct. App. 1st Cir. 2010
art. 579 A(3) does not impose on the prosecution the “affirmative duty to search for a defendant who has failed to appear for trial after receiving actual no *190 tice.” State v. Romar, 07-2140, p. 6 (La.7/1/08), ; see also State v. Buckley, 02-1288, p. 8 (La.App.
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State v. Baptiste
38 So. 3d 247
La. 2010
See State v. Romar, 07-2140 at p. 6 (La.7/1/08), -27 (statute interrupting two-year time limit for prosecution of non-capital felony cases if defendant failed to appear at any proceeding pursuant to actual notice did not impose on the state the affirmative duty to search for defendant who had failed to appear for trial after receiving actual notice, even though
- State of Louisiana v. Milton Anthony Wilks La. Ct. App. 3d Cir. 2010
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State v. Wilks
32 So. 3d 972
La. Ct. App. 1st Cir. 2010
State v. Romar, 07-2140 (La.7/1/08), .
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State v. George
30 So. 3d 858
La. Ct. App. 1st Cir. 2009
7/1/08), (per curiam), quoting State v. Rome, 93-1221 (La.1/14/94), .
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State v. Davis
21 So. 3d 1038
La. Ct. App. 1st Cir. 2009
| fiMost recently, in State of Louisiana v. Romar, 2007-2140 (La.7/1/08), , the defendant, who was wanted on outstanding warrant for third offense of operating a motor vehicle while intoxicated, reappeared in court eight years later, following his arrest on another charge of operating a motor vehicle while intoxicated and execution of the open attachment for him issued.
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State v. Evans
998 So. 2d 197
La. Ct. App. 1st Cir. 2008
State v. Romar, 07-2140, pp. 7-8 (La.7/1/08), (per curiam).
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State v. Tillman
997 So. 2d 144
La. Ct. App. 2d Cir. 2008
Recently, in State v. Romar, 2007-2140 (La.7/1/08), , the Supreme Court, following the Third Circuit ruling in State v. Buckley, XXXX-XXXX (La.App.