Cited by
Opinions in Louisiana that cite State v. Ford, 336 So. 2d 817.
- State v. Farrier 162 So. 3d 1233 La. Ct. App. 1st Cir. 2015
- State v. Pierre 131 So. 3d 319 La. Ct. App. 1st Cir. 2013
- State v. Rogers 656 So. 2d 768 La. Ct. App. 5th Cir. 1995
- State v. Jones 642 So. 2d 151 La. 1994
- State v. Romero 574 So. 2d 330 La. 1990
- State v. Wille 559 So. 2d 1321 La. 1990
- State v. Rhodes 552 So. 2d 585 La. Ct. App. 2d Cir. 1989
- State v. Miller 489 So. 2d 268 La. Ct. App. 4th Cir. 1986
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State v. Monta
470 So. 2d 383
La. Ct. App. 1st Cir. 1985
The court stressed that the party attempting to introduce the evidence must make a proper showing that a good faith effort was made to obtain the presence of the witness at the trial, giving the following examples: the witness had died, the witness has escaped from jail, the witness has asserted his Fifth Amendment privilege, and the witness has gone to sea
- State v. Wright 446 So. 2d 479 La. Ct. App. 4th Cir. 1984
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State v. Nall
439 So. 2d 420
La. 1983
Applying this principle of necessity, courts have over the years developed a number of instances where a witness will be considered unavailable: where the witness is dead, (La.
- State v. Small 427 So. 2d 1254 La. Ct. App. 2d Cir. 1983
- State v. Thomas 406 So. 2d 1325 La. 1981
- State v. Boudreaux 396 So. 2d 1303 La. 1981
- State v. McIntyre 381 So. 2d 408 La. 1980
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State v. Vaughn
378 So. 2d 905
La. 1979
we held specifically that even the acts of pointing to and selecting a photograph constitute such assertive conduct and that testimony about these acts is hearsay, "an assertive communication introduced for the truth of the assertion thereby made."
- State v. Martin 376 So. 2d 300 La. 1979
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State v. Egena
369 So. 2d 1295
La. 1979
Examples of such showings appear in this Court's decisions: died, escaped from jail, asserted his Fifth Amendment privilege, (La.
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State v. Arnold
367 So. 2d 324
La. 1979
at page 821 (La.1976); and Pugh, Louisiana Evidence Law, pages 388-432 (1972).
- State v. English 367 So. 2d 815 La. 1979
- State v. Arbuthnot 367 So. 2d 296 La. 1979
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State v. Scott
358 So. 2d 1271
La. 1978
this Court was presented with this precise legal issue.
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State v. Turner
352 So. 2d 1007
La. 1977
State v. Bell, La., (1977); State v. Sylvester, La., (1977); State v. Ford, La., (1976); State v. Ghoram, La., (1976).
- State v. Milby 345 So. 2d 18 La. 1977
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State v. Jacobs
344 So. 2d 659
La. 1977
where we held that the testimony of a police officer describing the conduct of a witness who identified a defendant is inadmissible because it is assertive hearsay.
- State v. Williams 343 So. 2d 1026 La. 1977
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State v. Williams
341 So. 2d 370
La. 1976
This is not an instance where an officer related a witness' out-of-court identification of a defendant such as we found inadmissible in State v. Jacobs, (La.1976), No. 57,629
- State v. May 339 So. 2d 764 La. 1976