Cited by
Opinions in Louisiana that cite State v. Tharp, 284 So. 2d 536.
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State of Louisiana v. William Felix Vail
La. Ct. App. 3d Cir. 2017
the defendant was convicted of murder and sentenced to death.
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State v. Vail
236 So. 3d 644
La. Ct. App. 1st Cir. 2017
344 , (1972), overruled on other grounds by State v. Tharp , the defendant was convicted of murder and sentenced to death.
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State of Louisiana v. Bengy R. Cooley
La. Ct. App. 3d Cir. 2015
344, (1972), the supreme court found the trial did not err in denying a motion for directed verdict of acquittal based on the fact that the indictment charged the defendant with committing murder on January 14, 1970, and the coroner‟s report showed the victim died o
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State v. Cooley
165 So. 3d 1237
La. Ct. App. 1st Cir. 2015
344 , (1972), the supreme court found the trial did not err in denying a *1256 motion for directed verdict of acquittal based on the fact that the indictment charged the defendant with committing murder on January 14, 1970, and the coroner’s report showed the victim died
- State v. Campbell 566 So. 2d 1038 La. Ct. App. 3d Cir. 1990
- State v. Duncan 517 So. 2d 1270 La. Ct. App. 1st Cir. 1987
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State v. Guillory
502 So. 2d 258
La. Ct. App. 1st Cir. 1987
15:279; ” This assignment of error is also without merit.
- State v. Montgomery 499 So. 2d 709 La. Ct. App. 3d Cir. 1986
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State v. Hookfin
476 So. 2d 481
La. Ct. App. 1st Cir. 1985
*492 However, certain safeguards should be retained in the process of refreshing recollection.
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State v. Lucky
453 So. 2d 1234
La. Ct. App. 1st Cir. 1984
A trial judge should require production of a police report for defendant's inspection when (1) an officer's testimony at trial is from his report rather than his memory, that is, if the testimony is the product of past recollection recorded rather than present memory refreshed, and (2) when a witness has referred to his report or notes, while he is on the stand, even though presumably only to refresh his memory while testifying.
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State v. Riley
451 So. 2d 15
La. Ct. App. 1st Cir. 1984
It was reversible error, to refuse production of the report or “piece of paper ...
- Landry v. Bill Garrett Chevrolet, Inc. 430 So. 2d 1051 La. Ct. App. 4th Cir. 1983
- State v. Gremillion 428 So. 2d 940 La. Ct. App. 1st Cir. 1983
- State v. Kimble 407 So. 2d 693 La. 1981
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State v. Griffon
406 So. 2d 1351
La. 1981
Dennis v. U. S., 384 U.S. 855 , 86 S.Ct.
- State v. Tauzier 397 So. 2d 494 La. 1981
- State v. Valentine 375 So. 2d 1378 La. 1979
- State v. Hawthorne 364 So. 2d 917 La. 1978
- State v. Franks 363 So. 2d 518 La. 1978
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Distinguished
State v. Taylor
363 So. 2d 699
La. 1978
(on rehearing), as authority for the contrary conclusion.
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State v. Jolla
337 So. 2d 197
La. 1976
State v. Perkins, La., (1975); State v. Lane, La., (1974); State v. Tharp, La., (1973).
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State v. Monroe
329 So. 2d 193
La. 1976
In arguing to this Court that the judge's refusal to grant his motion was error
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State v. Singleton
321 So. 2d 509
La. 1975
as authority for his request for "any memoranda, reports, etc." made by Officer Gros as a result of his investigation.
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State v. Babin
319 So. 2d 367
La. 1975
*377 State v. Grayson, 225 La.
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State v. Whitehurst
319 So. 2d 907
La. 1975
because he was testifying from "past recollection recorded."
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State v. Nero
319 So. 2d 303
La. 1975
Compare State v. Perkins, *308 La., (1975); State v. Tharp, La., (1973).
- State v. Dupuy 319 So. 2d 294 La. 1975
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State v. Kuykendall
319 So. 2d 326
La. 1975
(1973); State v. Franklin, 263 La.
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State v. Foret
315 So. 2d 278
La. 1975
(wherein it was held that the defendant was entitled to a copy of the reportpast recollection recorded) (La.
- State v. Perkins 310 So. 2d 591 La. 1975
- Distinguished State v. Lane 302 So. 2d 880 La. 1974
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State v. Payton
294 So. 2d 211
La. 1974
I cannot see how the administration of justice would be thereby prejudicedto the contrary, the fine line between "refreshing memory" and "past recollection recorded", should be subject to judicial scrutiny rather than based upon the ex parte determination of the testifying witness himself.
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State v. Stephenson
291 So. 2d 767
La. 1974
State v. Dimopoullas, 260 La.