Cited by
Opinions in Louisiana that cite State v. Harris, 247 So. 2d 847.
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State of Louisiana Versus Marvin K Chest
La. Ct. App. 5th Cir. 2025
So.2d 847 (1971), the Court held that the determination of the appropriate penalty and the imposition of sentence in non-capital cases are functions of the judge and that the jury is concerned only with guilt.
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State of Louisiana v. Sharrieff M. Kent
La. 2024
(where reference to a “mug shot” was not unmistakable reference to a crime committed by defendant); So.2d 847 (1971) (where no crime was evidenced by a police officer’s reference to obtaining defendant’s photograph from the Bureau of Investigation).
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State v. Smith
275 So. 3d 266
La. 2019
See , e.g. , State v. Harris , , 247 So.
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State v. English
243 So. 3d 1145
La. Ct. App. 2d Cir. 2017
1976) ; State v. Harris , , (La.
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State v. Lee
217 So. 3d 1266
La. Ct. App. 1st Cir. 2017
(where reference to a “mug shot” was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer’s reference to obtaining defendant’s photograph from the Bureau of Investigation).
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State v. Lilly
111 So. 3d 45
La. Ct. App. 1st Cir. 2012
In other than capital cases and cases carrying mandatory penalties, sentencing regulations form no part of the “law applicable to the case.” See White, 399 So.2d at 177 ( , (1971) (case concerned crime of armed robbery, which carried a sentencing range of imprisonment at hard labor for a minimum of five years and a maximum of ninety-nine years)).
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State of Louisiana v. Marcus Gene Hollier
La. Ct. App. 3d Cir. 2010
(where reference to a “mug shot” was not unmistakable reference to a crime committed by Defendant); So.2d 847 (1971) (where no crime was evidenced by a police officer’s reference to obtaining Defendant’s photograph from the Bureau of Investigation).
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State v. Hollier
37 So. 3d 466
La. Ct. App. 1st Cir. 2010
(where reference to a “mug shot” was not unmistakable reference to a crime committed by Defendant); , (1971) (where no crime was evidenced by a police officer’s reference to obtaining Defendant’s photograph from the Bureau of Investigation).
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State v. Young
938 So. 2d 90
La. Ct. App. 5th Cir. 2006
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Clark
924 So. 2d 282
La. Ct. App. 5th Cir. 2006
(where reference to a "mug shot" was not unmistakable reference to a crime committed by Defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining Defendant's photograph from the Bureau of Investigation).
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State of Louisiana v. William L. Giles
La. Ct. App. 3d Cir. 2004
(where reference to a “mug shot” was not unmistakable reference to a crime committed by defendant); So.2d 847 (1971)(where no crime was evidenced by a police officer’s reference to obtaining defendant’s photograph from the Bureau of Investigation).
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State v. Giles
884 So. 2d 1233
La. Ct. App. 3d Cir. 2004
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971)(where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Brown
871 So. 2d 1240
La. Ct. App. 4th Cir. 2004
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Bradford
846 So. 2d 880
La. Ct. App. 4th Cir. 2003
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Prudhomme
829 So. 2d 1166
La. Ct. App. 3d Cir. 2002
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971)(where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Williams
811 So. 2d 1026
La. Ct. App. 5th Cir. 2002
(where reference to a "mug shot" was not unmistakable reference to a crime committed by Defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining Defendant's photograph from the Bureau of Investigation).
- State v. Offray 797 So. 2d 764 La. Ct. App. 1st Cir. 2001
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State v. Dillion
770 So. 2d 13
La. Ct. App. 4th Cir. 2000
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
- State v. Harris 742 So. 2d 997 La. Ct. App. 4th Cir. 1999
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State v. Edwards
750 So. 2d 893
La. 1999
(where reference to a "mug shot" was not unmistakable reference to a crime committed by defendant); , (1971) (where no crime was evidenced by a police officer's reference to obtaining defendant's photograph from the Bureau of Investigation).
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State v. Humphrey
694 So. 2d 1082
La. Ct. App. 5th Cir. 1997
Likewise, , the Supreme Court found that, where the officer testified that he went to the "B of I at police headquarters" to obtain defendant's picture, no reversible error was presented.
- State v. Morgan 671 So. 2d 998 La. Ct. App. 4th Cir. 1996
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State v. Merrick
598 So. 2d 1184
La. Ct. App. 4th Cir. 1992
Thus, , (1971) the court remarked, "We doubt that the policeman's reference to obtaining the photographs [including defendant's] at the Bureau of Identification amounts to the assertion of a criminal record.
- State v. Shannon 531 So. 2d 1113 La. Ct. App. 1st Cir. 1988
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State v. Livas
527 So. 2d 398
La. Ct. App. 4th Cir. 1988
(1971) a policeman testified that he went to the B of I at Police Headquarters and obtained photographs.
- State v. Calzadilla 455 So. 2d 1244 La. Ct. App. 4th Cir. 1984
- State v. White 399 So. 2d 172 La. 1981
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State v. Dawson
392 So. 2d 445
La. 1980
Defendant complains that the trial court erred in also instructing the jury as to the penalties for the other responsive verdicts to the charge, , (1971).
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State v. Hodges
349 So. 2d 250
La. 1977
(1971), we rejected an identical contention that the trial court erred in not allowing defense counsel to read to the jury in his closing argument the penalty provisions of the criminal statute under which he was charged.
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State v. Hollingsworth
337 So. 2d 461
La. 1976
15:479; State v. Powell, 213 La.
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State v. Prater
337 So. 2d 1107
La. 1976
(1971); State v. Andrus, 250 La.
- State v. Lee 331 So. 2d 455 La. 1976
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State v. Luckett
327 So. 2d 365
La. 1976
15:481, , (1971); State v. Norphlis, 165 La.
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State v. Liesk
326 So. 2d 871
La. 1976
(1971); State v. Andrus, 250 La.
- State v. Youngblood 325 So. 2d 250 La. 1975
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State v. Babin
319 So. 2d 367
La. 1975
State v. Lewis, La., (1974); , (1971).
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State v. Madison
319 So. 2d 912
La. 1975
State v. Hill, La., (1974); State v. Lewis, La., (1974); State v. Blackwell, La., (1973); , (1971); State v. Andrus, 250 La.
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State v. George
312 So. 2d 860
La. 1975
State v. Lewis, La., (1974); , (1971).
- State v. McGuffey 301 So. 2d 582 La. 1974
- State v. Sylvester 298 So. 2d 807 La. 1974
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State v. Lewis
296 So. 2d 824
La. 1974
(1971) argument by defense counsel; State v. Andrus, 250 La.
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State v. Blackwell
298 So. 2d 798
La. 1974
(1971), and noted that it was the province of the court and not the jurors to determine the punishment, in the event they should find the defendant guilty.
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State v. Jones
283 So. 2d 476
La. 1973
777 , (1972); , (1971); State v. Hopper, 251 La.
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State v. Smith
283 So. 2d 470
La. 1973
(1971) and my dissent therein.
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State v. Rose
271 So. 2d 863
La. 1973
(1971) and the cases cited therein.
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State v. Sampson
267 So. 2d 203
La. 1972
605 , ; , ; Crampton v. Ohio, 402 U.S. 183 , 91 S.Ct.
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State v. Cryer
263 So. 2d 895
La. 1972
(1971), that the jury has no role in the fixing and imposing of sentences in non-capital cases.