Cited by
Opinions in Louisiana that cite State v. Blackwell, 298 So. 2d 798.
- State of Louisiana v. Jkari Campbell La. Ct. App. 4th Cir. 2025
- State of Louisiana v. Louie Von Cole La. Ct. App. 3d Cir. 2019
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State v. English
243 So. 3d 1145
La. Ct. App. 2d Cir. 2017
1982) ; State v. Blackwell , (La.
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State of Louisiana v. Corei K. Guidry
221 So. 3d 815
La. 2017
1979) (within trial court discretion whether to refuse argument involving penalties); (La.
- State v. Mills 153 So. 3d 481 La. Ct. App. 1st Cir. 2014
- State v. Chatman 981 So. 2d 260 La. Ct. App. 2d Cir. 2008
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State v. Myers
839 So. 2d 1183
La. Ct. App. 3d Cir. 2003
App. 3 Cir. 7/17/96), , writ denied, 96-2121 (La.1/24/97), , this court explained: cert.
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State v. Johnson
820 So. 2d 1223
La. Ct. App. 1st Cir. 2002
The supreme court held: (La.
- State v. Howard 751 So. 2d 783 La. 1999
- State v. Cooper 678 So. 2d 59 La. Ct. App. 3d Cir. 1996
- State v. Dominick 658 So. 2d 1 La. Ct. App. 4th Cir. 1995
- State v. Byars 550 So. 2d 876 La. Ct. App. 2d Cir. 1989
- State v. Durocher 514 So. 2d 581 La. Ct. App. 1st Cir. 1987
- State v. Johnson 513 So. 2d 832 La. Ct. App. 2d Cir. 1987
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State v. Clark
466 So. 2d 686
La. Ct. App. 3d Cir. 1985
1st Cir.1983), modified on other grounds, certiorari denied, 420 U.S. 976 , 95 S.Ct.
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State v. Nuccio
454 So. 2d 93
La. 1984
decided the specific issue in this assignment, adversely to the defendant.
- State v. Jackson 450 So. 2d 621 La. 1984
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State v. Palmer
447 So. 2d 1159
La. Ct. App. 3d Cir. 1984
80 , (1963), (overruled on other grounds)
- State v. Adams 446 So. 2d 355 La. Ct. App. 3d Cir. 1984
- State v. Albert 430 So. 2d 1279 La. Ct. App. 1st Cir. 1983
- State v. Napoli 428 So. 2d 957 La. Ct. App. 1st Cir. 1983
- State v. Dawson 392 So. 2d 445 La. 1980
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State v. Simms
381 So. 2d 472
La. 1980
80 , (1963), (overruled on other grounds)
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State v. Martin
377 So. 2d 1200
La. 1979
DIXON and DENNIS, JJ., and STONE, J. ad hoc
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State v. Carthan
377 So. 2d 308
La. 1979
(on rehearing), we stated that our law did not require that the judge charge the jury on penalty.
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State v. Bell
377 So. 2d 275
La. 1979
an armed robbery prosecution, this Court held that a trial court had the discretion to refuse argument involving penalty.
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Distinguished
State v. Gurley
376 So. 2d 110
La. 1979
*112 (La.1974), which held that a trial judge is not required to give instructions concerning lengths of possible sentences following guilty verdicts, stating: Instructions on the post-verdict status of a not guilty by reason of insanity acquittal are not properly analogous to instructions on post-conviction sentencin
- State v. Washington 367 So. 2d 4 La. 1978
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State v. Washington
367 So. 2d 4
La. 1978
held that a jury need not be told of the penalty in an armed robbery case, noting, however, that in cases in which the penalty was mandatory life, the jury was to be informed of the sentence.
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State v. Wrestle, Inc.
360 So. 2d 831
La. 1978
art. 782's provision for non-unanimous verdicts of twelve-person juries does not offend equal protection or due process of the federal or state constitution ( or a defendant's right to be presumed innocent until found guilty beyond a reasonable doubt.
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State v. Gray
351 So. 2d 448
La. 1977
and the cases cited therein.
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State v. Hodges
349 So. 2d 250
La. 1977
In his concurrence, he stated that "in any case tried after the finality of the present decision I shall regard the bench and bar as on notice that, in the view of a majority of this court, a charge and argument may be required and permitted, despite Blackwell [ State v. Blackwell, La., ], when the statutory offense requires a mandatory legislative penalty, with no judicial discretion as to its imposition following verdict.
- State v. Brent 347 So. 2d 1112 La. 1977
- State v. Milby 345 So. 2d 18 La. 1977
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State v. Unzueta
337 So. 2d 1102
La. 1976
held that in those jurisdictions where the jury determines only guilt or innocence and the court imposes the penalty, as is the case in Louisiana, it is not error for the court to refuse to instruct the jury on possible penalties.
- State v. Chatman 337 So. 2d 1106 La. 1976
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State v. Prater
337 So. 2d 1107
La. 1976
State v. Harris, 258 La.
- State v. Roberts 331 So. 2d 11 La. 1976
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State v. Liesk
326 So. 2d 871
La. 1976
A majority of this court has held that the trial court is not required to charge the jury as to the sentence-effects of verdicts, nor as to the consequences of an acquittal on the ground of insanity, (decided February 24, 1975).
- State v. Beckert 326 So. 2d 494 La. 1976
- State v. Babin 319 So. 2d 367 La. 1975
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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); State v. Harris, 258 La.
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State v. Ross
320 So. 2d 177
La. 1975
we held that less than unanimous verdicts are not constitutionally infirm and do not offend the Equal Protection or Due Process requirements of the State or Federal Constitutions.
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State v. George
312 So. 2d 860
La. 1975
we held that it was not error for a trial court to refuse to charge the jury as to the penalty applicable to the charged crime (armed robbery in that instance).
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State v. Sylvester
298 So. 2d 807
La. 1974
Nor does our present majority attempt to consider the effect of the present holding on the correctness of our first or ultimate decision in State v. Blackwell, La., (Docket No. 53,405, decided March 29, 1974; rehearing granted, and now submitted after argument on rehearing).
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State v. Lewis
296 So. 2d 824
La. 1974
See the opinion on first hearing, and the dissent on rehearing, on our docket, and the dissent in State v. Harris, 258 La.