Cited by
Opinions in Louisiana that cite State v. Prieur, 277 So. 2d 126.
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State v. Reeder
698 So. 2d 56
La. Ct. App. 1st Cir. 1997
art. 404(B), and its progeny.
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State v. Pooler
696 So. 2d 22
La. Ct. App. 1st Cir. 1997
r 10, we initially note that the only argument the defendant presents in brief to support his contention is the statement that, prior to using other crimes evidence, the state must provide advance notice to defendant of its proposed use, specify the purpose for which it is being offered, and demonstrate the ability to prove the other crime by clear and convincing evidence
- State v. Bryant 694 So. 2d 556 La. Ct. App. 2d Cir. 1997
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State v. Williams
693 So. 2d 870
La. Ct. App. 3d Cir. 1997
: "* * * the natural and inevitable tendency of the tribunalwhether judge or juryis to give excessive weight to the vicious record of crime thus exhibited, and either to allow it to bear too strongly on the present charge, or to take the proof of it as justifying a condemnation irrespective of guilt of
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State v. Whins
692 So. 2d 1350
La. Ct. App. 4th Cir. 1997
WHINS'S ASSIGNMENT OF ERROR In his sole assignment of error, Whins complains that the trial court erred in denying his motion for a
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State v. Ledet
692 So. 2d 1309
La. Ct. App. 1st Cir. 1997
the court set forth five prerequisites for admission of other crimes evidence: the state must give timely notice of the other crimes evidence it intends to introduce, it must state the grounds for relevancy or admissibility of the evidence, the probative value of the evidence must outweigh any prejudicial e
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State v. Eisbruckner
688 So. 2d 39
La. Ct. App. 1st Cir. 1997
14 and Art. 404B, the basic criteria for introduction of evidence of other crimes, as correctly stated by the trial judge, is (1) the evidence is not merely repetitive and cumulative, (2) the evidence is introduced for a relevant purpose and is not a subterfuge for depicting the defendant’s bad character and (
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State v. Lewis
687 So. 2d 1056
La. Ct. App. 4th Cir. 1997
On June 17, 1993, the state filed a with an incorporated memorandum in support.
- State v. Smith 687 So. 2d 529 La. Ct. App. 3d Cir. 1996
- State v. Milligan 685 So. 2d 1127 La. Ct. App. 2d Cir. 1996
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State v. Hampton
687 So. 2d 505
La. Ct. App. 1st Cir. 1996
See, United States v. Hearst, 563 F.2d 1331, 1348-49 (9th Cir.1977) cert denied, 435 U.S. 1000 , 98 S.Ct.
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State v. Stepp
686 So. 2d 76
La. Ct. App. 2d Cir. 1996
For evidence of other crimes to be admissible, prove with clear and convincing evidence that the other acts or crimes occurred and were committed by the defendant, demonstrate that the other acts satisfy one of the requirements listed in Art. 404B(1), and show that the probative value of the evidence outweighs its prejudicial effect.
- State v. Clark 687 So. 2d 470 La. Ct. App. 3d Cir. 1996
- State v. Barnes 685 So. 2d 1148 La. Ct. App. 2d Cir. 1996
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State v. Joseph
685 So. 2d 237
La. Ct. App. 5th Cir. 1996
Defendant also argues that there was no hearing, to determine whether the other crimes evidence would have been admissible.
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State v. Foret
685 So. 2d 210
La. Ct. App. 5th Cir. 1996
On April 29, 1994, the state, filed its notice of intent to use evidence of other crimes.
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State v. Campbell
683 So. 2d 1302
La. Ct. App. 1st Cir. 1996
Before “other crimes” evidence can be admitted at trial, the state must: (1) (2) prove by clear and convincing evidence that the other bad act occurred and was committed by the defendant, (3) show that the evidence falls within one of the La.Code Evid.
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State v. Powell
683 So. 2d 1281
La. Ct. App. 2d Cir. 1996
Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129
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State v. Pittman
683 So. 2d 748
La. Ct. App. 5th Cir. 1996
art. 720 the State filed a pre-trial notice of its intent to use evidence of other crimes.
- State v. Allen 677 So. 2d 709 La. Ct. App. 1st Cir. 1996
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State v. Jones
677 So. 2d 493
La. Ct. App. 1st Cir. 1996
The trial judge allowed the State to offer evidence, (La.
- State v. Wilson 677 So. 2d 471 La. Ct. App. 3d Cir. 1996
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State v. Coleman
673 So. 2d 1283
La. Ct. App. 4th Cir. 1996
In his second assignment of error, that the defendant had previously fondled S.R. on several occasions.
- State v. Williams 672 So. 2d 1150 La. Ct. App. 4th Cir. 1996
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State v. Robertson
672 So. 2d 391
La. Ct. App. 1st Cir. 1996
Specifically, and, therefore, he suffered prejudice.
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State v. Crawford
672 So. 2d 197
La. Ct. App. 3d Cir. 1996
By this assignment, (La.
- State v. Reddick 670 So. 2d 551 La. Ct. App. 1st Cir. 1996
- State v. Hampton 670 So. 2d 1349 La. Ct. App. 2d Cir. 1996
- State v. Sterling 670 So. 2d 1316 La. Ct. App. 5th Cir. 1996
- State v. Broussard 664 So. 2d 835 La. Ct. App. 3d Cir. 1995
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State v. Davis
664 So. 2d 821
La. Ct. App. 3d Cir. 1995
art. 404(B); State v. Broussard, 95-792 (La.
- State v. Johnson 664 So. 2d 94 La. 1995
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State v. Livings
664 So. 2d 729
La. Ct. App. 3d Cir. 1995
art. 483 for the proposition that evidence of other crimes is inadmissible.
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State v. Allen
663 So. 2d 686
La. 1995
for introducing other crimes evidence.
- State v. Williams 660 So. 2d 919 La. Ct. App. 4th Cir. 1995
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State v. Bailey
664 So. 2d 665
La. Ct. App. 3d Cir. 1995
in *676 its notification to the defendant.
- State v. George 661 So. 2d 975 La. 1995
- State v. Boudreaux 662 So. 2d 22 La. Ct. App. 5th Cir. 1995
- State v. Bordenave 660 So. 2d 1207 La. Ct. App. 4th Cir. 1995
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State v. Williams
658 So. 2d 703
La. Ct. App. 2d Cir. 1995
He further argues that because the testimony was used to prove his intent or motive
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State v. Scales
655 So. 2d 1326
La. 1995
Article 404(B) and its progeny.
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State v. Matthews
654 So. 2d 868
La. Ct. App. 4th Cir. 1995
The defendant asserts that his conviction should be reversed because admission of the testimony concerning the fact that cocaine and marijuana were found in the apartment at 1534
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State v. Beason
653 So. 2d 1274
La. Ct. App. 2d Cir. 1995
the trial court held a hearing and ruled that the portion of the statement concerning the smoking of marijuana would not be admitted.
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State v. Pratt
653 So. 2d 174
La. Ct. App. 2d Cir. 1995
Pratt contends that these references to his involvement in other crimes were inadmissible pursuant to LCE Art. 404 and entitled him to a mandatory mistrial pursuant to CCrP Art. 770(2).
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State v. Ham
652 So. 2d 15
La. Ct. App. 5th Cir. 1995
The first notice states: "In accordance with the Louisiana Code of Criminal Procedure, Article 720, (1973), [1170] (1979), you are hereby notified that the State of Louisiana intends to use evidence of other crimes committed by the defendant at the defendant's trial.
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State v. Vale
650 So. 2d 379
La. Ct. App. 5th Cir. 1995
She also complains that because she was not given notice of this “other crimes” evidence by the state prior to trial, the admission of the six packets was reversible error.
- State v. Wright 650 So. 2d 291 La. Ct. App. 5th Cir. 1995
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State v. Mamon
648 So. 2d 1347
La. Ct. App. 2d Cir. 1994
Admission of this evidence requires that the state: (1) (2) prove by clear and convincing evidence that the other act occurred and was committed by the defendant; (3) show that the evidence falls within one of the La.C.E.
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State v. Allen
647 So. 2d 428
La. Ct. App. 2d Cir. 1994
a pretrial hearing must be held at which the state is required to: (1) show the evidence serves the actual purpose for which it is offered and (2) prove by clear and convincing evidence this defendant committed the other crimes.
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State v. Sanders
648 So. 2d 1272
La. 1994
Specifically, he claims that the court should not have admitted testimony of Kelly's sister, Angela Knight, because the state did not provide adequate notice to the defense of its intent to do so