Cited by
Opinions in Louisiana that cite State v. Pearson, 336 So. 2d 833.
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State of Louisiana v. William Felix Vail
La. Ct. App. 3d Cir. 2017
-44 (La.1980); -94 (La.1976).
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State v. Vail
236 So. 3d 644
La. Ct. App. 1st Cir. 2017
State v. Hills , , 743-44 (La.1980) ; see also State v. Pearson , , 835 (La.1976) ; State v. Ghoram , , 93-94 (La.
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State v. Patterson
191 So. 3d 620
La. Ct. App. 1st Cir. 2016
This court has noted that “[e]ven when the witness is determined to be unavailable, the use of the prior testimony must not violate the defendant’s right to confrontation under the Sixth Amendment.” Johnson , 13-0343 at pp. 18-19, 151 So.3d at 695 (-44 (La.1980); ).
- State v. Johnson 151 So. 3d 683 La. Ct. App. 1st Cir. 2014
- State v. Vallo 117 So. 3d 268 La. Ct. App. 2d Cir. 2013
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State of Louisiana v. Jonathan Edward Boyer
La. Ct. App. 3d Cir. 2011
-44 (La.1980); -94 (La.1976).
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State v. Boyer
56 So. 3d 1119
La. Ct. App. 1st Cir. 2011
-44 (La.1980); -94 (La.1976).
- State v. Kennedy 957 So. 2d 757 La. 2007
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State v. Robinson
848 So. 2d 642
La. Ct. App. 2d Cir. 2003
State v. Gatch, 27,701 (La.
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State v. Robinson
811 So. 2d 967
La. Ct. App. 1st Cir. 2002
As we have stated in State v. Pearson, [ ,] 835 [(La.1976),] ‘One reason that this right is so fundamental to our law is that it guarantees that the witnesses who participate in the deprivation of a person’s freedom present themselves in person before the jury so that the jurors can observe their demeanor and decide whether they should be believed.’ This fac
- State v. Ball 824 So. 2d 1089 La. 2002
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State v. Wesley
759 So. 2d 286
La. Ct. App. 2d Cir. 2000
State v. Gatch, 27,701 (La.App.2d Cir.2/28/96), , writ denied, 96-0810 (La.9/20/96), .
- State v. Magouirk 539 So. 2d 50 La. Ct. App. 2d Cir. 1989
- State v. In the Interest of R.C. 494 So. 2d 1350 La. Ct. App. 2d Cir. 1986
- State v. RC 494 So. 2d 1350 La. Ct. App. 2d Cir. 1986
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State v. Nall
439 So. 2d 420
La. 1983
1976); where the witness is physically or mentally ill, if the witness is absent and cannot with due diligence be found, if the witness persistently refuses to testify, or if the witness refuses to testify on the ground of recognized privilege
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State v. Morgan
367 So. 2d 779
La. 1979
failure to make the motion is considered a waiver of the error
- State v. Smith 357 So. 2d 524 La. 1978
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State v. Sylvester
343 So. 2d 1020
La. 1977
They cite Article 295 of the Code of Criminal Procedure which allows the admission under certain circumstances of a witness' testimony recorded at a preliminary hearing, [4] and they rely on our decisions in State *1022 v. Pearson, which allow the introduction in certain circumstances at defendant's second trial of the testimony recorded at his first trial.