Cited by
Opinions in Louisiana that cite State v. Allen, 203 So. 2d 705.
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State v. Carter
664 So. 2d 367
La. 1995
1974); , (1967); City of New Orleans v. Cook, 249 La.
- State v. Chapman 367 So. 2d 808 La. 1979
- State v. Ferguson 358 So. 2d 1214 La. 1978
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State v. Ball
328 So. 2d 81
La. 1976
1926 , 18 L.Ed.2d 1149 (1967); , (1967).
- State v. Daniels 326 So. 2d 340 La. 1976
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State v. Graves
301 So. 2d 864
La. 1974
1094 , (1971); , (1967).
- State v. Lewis 296 So. 2d 824 La. 1974
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State v. St. Amand
274 So. 2d 179
La. 1973
The court found, moreover, that the in-court identifications were based upon observations of the suspect other than the lineup identification, stating, "This court, , (1967), to the factual situation of this particular case, found that the witness had, in fact, an opportunity to observe the defendant, Ervin St.
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State v. Wilkerson
259 So. 2d 871
La. 1972
Bill No. 1 Relying upon Article 703 , (1967), defense counsel filed a motion on May 15, 1970 to suppress any testimony identifying the accused, alleging that the evidence of identification the prosecution would present was tainted by the lineup conducted prior to trial on February 28, 1970.
- State v. Pierre 259 So. 2d 6 La. 1972
- State v. Smith 255 So. 2d 734 La. 1971
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State v. Jackson
254 So. 2d 259
La. 1971
State v. Singleton, 253 La.
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State v. Amphy
249 So. 2d 560
La. 1971
981 , (1969); , (1967); See also State v. Junius, 257 La.
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State v. Mixon
248 So. 2d 307
La. 1971
and Rivers v. United States, C.A.5 (1968), 400 F.2d 935 .” (Emphasis ours) In this case, we are satisfied that the witnesses’ “in-court” identifications were of an origin independent of the lineup of December 21st.
- State v. Square 244 So. 2d 200 La. 1971
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State v. Johnson
230 So. 2d 825
La. 1970
State v. Miller, 254 La.
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State v. Lewis
229 So. 2d 726
La. 1969
concerned line-up and in-court identification, matters not presently urged.
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State v. Henderson
221 So. 2d 480
La. 1969
in which the identical issue posed here was urged and in determining the applicability of the Wade case, we expressed our appreciation of the holding in the latter case to be: “A courtroom identification at the trial, based upon pre-trial lineup identification without the benefit of counsel, is a dep
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State v. Singleton
215 So. 2d 838
La. 1968
and Rivers v. United States, C.A.
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State v. LaCaze
215 So. 2d 511
La. 1968
861 , ; , ; State v. Cardinale, 251 La.
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State v. Dean
209 So. 2d 16
La. 1968
1967, 18 L.Ed.2d 1199 ; , ), no violation of a constitutional right (Sixth Amendment to the United States Constitution) is presented here but rather, the well-established Ameri *47 can rule that custodial out-of-court identifications are receivable in evidence as objections thereto are referable to their weight and not their ad