Cited by
Opinions in Louisiana that cite State v. McCarroll, 337 So. 2d 475.
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State v. Brual
726 So. 2d 1112
La. Ct. App. 5th Cir. 1999
State v. Jackson, 95-423 (La.App.
- State v. Antoine 721 So. 2d 562 La. Ct. App. 3d Cir. 1998
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State v. Stoltz
717 So. 2d 1243
La. Ct. App. 5th Cir. 1998
State v. Jackson, 95-423 (La.App.
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State v. Mandigo
702 So. 2d 351
La. Ct. App. 2d Cir. 1997
art. 780; State v. Muller, supra
- State v. Jackson 665 So. 2d 467 La. Ct. App. 5th Cir. 1995
- State v. Houston 648 So. 2d 948 La. Ct. App. 5th Cir. 1994
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State v. Hornung
620 So. 2d 816
La. 1993
The court then went on to find that the total potential punishment for the consolidated offenses exceeded six months imprisonment, (La.
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State v. Morris
607 So. 2d 1000
La. Ct. App. 3d Cir. 1992
the court stated: Although the right to a jury trial may be waived in a non-capital case, Art. I Section 17 requires that the waiver be "knowingly and intelligently" made.
- State Ex Rel. Mims v. Butler 601 So. 2d 649 La. 1992
- State v. Ritchie 590 So. 2d 1139 La. 1991
- State v. James 576 So. 2d 611 La. Ct. App. 1st Cir. 1991
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State v. Sanders
567 So. 2d 177
La. Ct. App. 4th Cir. 1990
4 Cir.1989), writ denied 548 So.2d *179 323
- State v. Page 541 So. 2d 409 La. Ct. App. 4th Cir. 1989
- State v. Burton 540 So. 2d 1023 La. Ct. App. 2d Cir. 1989
- State v. Adams 525 So. 2d 1256 La. Ct. App. 1st Cir. 1988
- State v. Ellis 525 So. 2d 548 La. Ct. App. 1st Cir. 1988
- State v. Drury 506 So. 2d 772 La. Ct. App. 1st Cir. 1987
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State v. Dickson
505 So. 2d 758
La. Ct. App. 2d Cir. 1987
This case differs from those where the right to a jury trial is triggered by consolidation of misdemeanor offenses which expose the defendant to potential punishment (incarceration) in excess of six months, (La.
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State v. Reed
499 So. 2d 132
La. Ct. App. 2d Cir. 1986
wherein McCarroll entered a restaurant, brandished a weapon and warned that anyone who moved would be killed.
- State v. Verdin 496 So. 2d 641 La. Ct. App. 1st Cir. 1986
- State v. Mesman 488 So. 2d 1296 La. Ct. App. 5th Cir. 1986
- State v. Gillespie 486 So. 2d 984 La. Ct. App. 2d Cir. 1986
- State v. Davis 485 So. 2d 981 La. Ct. App. 4th Cir. 1986
- State v. Bouche 485 So. 2d 950 La. Ct. App. 5th Cir. 1986
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State v. Lejeune
487 So. 2d 1243
La. Ct. App. 3d Cir. 1986
the Supreme Court concluded that multiple charges of aggravated assault arising from the same occurrence did not constitute double jeopardy.
- State v. Tucker 482 So. 2d 19 La. Ct. App. 1st Cir. 1985
- State v. Street 480 So. 2d 309 La. 1985
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State v. Boasso
478 So. 2d 945
La. Ct. App. 5th Cir. 1985
However, our Supreme Court ruled that where two or more charges are joined for trial the right to a jury must be determined by the total punishment that may be imposed in that case.
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State v. Eppinette
478 So. 2d 679
La. Ct. App. 2d Cir. 1985
2687 , 41 L.Ed.2d 912 (1974)
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State v. Smith
475 So. 2d 331
La. 1985
see also Whalen v. United States, 445 U.S. 684, 691-92 , 100 S.Ct.
- State v. Goza 467 So. 2d 24 La. Ct. App. 1st Cir. 1985
- State v. Landry 463 So. 2d 761 La. Ct. App. 5th Cir. 1985
- State v. Jones 461 So. 2d 1262 La. Ct. App. 1st Cir. 1984
- State v. Sonnier 461 So. 2d 567 La. Ct. App. 1st Cir. 1984
- State v. Hynes 458 So. 2d 1303 La. 1984
- State v. Odell 458 So. 2d 1304 La. 1984
- State v. Johnson 458 So. 2d 1301 La. 1984
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State v. Vieto
453 So. 2d 259
La. Ct. App. 5th Cir. 1984
The Louisiana Supreme Court determined Codispoti, supra, and the Louisiana Constitution, Article 1, Section 17, quoted supra, to require a "where two or more charges are joined for trial the right to a jury must be determined by the total punishment which may be imposed in that case."
- State v. Bissett 451 So. 2d 181 La. Ct. App. 1st Cir. 1984
- State v. Boult 440 So. 2d 766 La. Ct. App. 2d Cir. 1983
- State v. Trosclair 443 So. 2d 1098 La. 1983
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State v. Laurendine
439 So. 2d 398
La. 1983
Const., art. 1, § 17; State v. Williams, supra
- State v. Suggs 432 So. 2d 1016 La. Ct. App. 1st Cir. 1983
- State v. Davis 427 So. 2d 1238 La. Ct. App. 2d Cir. 1983
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State v. McClendon
420 So. 2d 1135
La. 1982
Because the trial judge did not advise defendant of his right to trial by jury, the plea must be set aside as not knowingly entered.
- State v. Comeaux 408 So. 2d 1099 La. 1981
- State v. Williams 404 So. 2d 954 La. 1981
- State v. Sims 401 So. 2d 1196 La. 1981
- State v. Jones 396 So. 2d 1272 La. 1981
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State v. Grimble
397 So. 2d 1254
La. 1980
The question of an accused's right to jury trial in cases where the maximum aggregate *1256