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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Craig, 340 So. 2d 191.

81 citing documents.

  • State of Louisiana v. Darryl Tate La. Ct. App. 4th Cir. 2021
    In support, the defendant relies on a trio of cases from the 1970s: (La.
  • State v. Williams 259 So. 3d 563 La. Ct. App. 1st Cir. 2018
    In support of this argument, defendant relies in part on State v. Craig , (La.
  • State of Louisiana v. Chakha Danny James La. Ct. App. 3d Cir. 2018
    Such arguments have been turned away by Louisiana courts, as the second circuit has explained: Keith maintains he should be resentenced under [State v.] Craig, [ (La.
  • State v. Lewis 244 So. 3d 527 La. Ct. App. 1st Cir. 2018
    Relying upon the principles of State v. Craig , (La.
  • State v. Barrett 247 So. 3d 164 La. Ct. App. 2d Cir. 2018
    1977), and State v. Craig , (La.
  • State v. Brooks 247 So. 3d 1071 La. Ct. App. 2d Cir. 2018
    Brooks bases this argument on State v. Craig , (La.
  • State of Louisiana v. Asahel Harvin La. Ct. App. 3d Cir. 2018
  • State of Louisiana v. Adam Comeaux La. Ct. App. 3d Cir. 2018
  • State v. Harvin 239 So. 3d 907 La. Ct. App. 1st Cir. 2018
    Thus, Defendant asserts the appropriate action would have been to follow the decision in State v. Craig
  • State v. Comeaux 239 So. 3d 920 La. Ct. App. 1st Cir. 2018
    Counsel asserts the appropriate action would have been to follow the decision in State v. Craig
  • State of Louisiana v. Roger Wayne Nash AKA Roger Nash La. Ct. App. 3d Cir. 2018
    2 Cir. 6/21/17), -71 (footnotes omitted), explained why Craig, did not apply in cases like that of the Defendant herein: Keith maintains he should be resentenced under Craig, [], to the next lesser included offense of manslaughter—a maximum *2017 WL 3400648.
  • State v. Nash 239 So. 3d 866 La. Ct. App. 3d Cir. 2018
    She notes the Defendant's claim is based on State v. Craig
  • State v. Evans 245 So. 3d 1112 La. Ct. App. 2d Cir. 2018
    Alternatively, Evans suggests he should be resentenced to the maximum sentence of the next lesser responsive verdict, i.e. , manslaughter, which, at the time he was originally sentenced had a maximum sentence of 21 years, citing State v. Craig , (La.
  • State v. Bradley 243 So. 3d 1253 La. Ct. App. 2d Cir. 2018
    Bradley argued he should be resentenced to the lesser responsive verdict of manslaughter in accordance with State v. Craig , (La.
  • State v. Looney 245 So. 3d 1143 La. Ct. App. 2d Cir. 2018
    In State v. Craig , (La.
  • State of Louisiana v. William Felix Vail La. Ct. App. 3d Cir. 2017
    to support his proposition that whereas the mandatory death penalty in 1962 for the offense of murder was ruled unconstitutional, the trial court in the current case should have sentenced the defendant to the maximum sentence for the next lesser included offense, which was manslaughter.
  • State v. Vail 236 So. 3d 644 La. Ct. App. 1st Cir. 2017
    The defendant relies on State v. Craig , to support his proposition that whereas the mandatory death penalty in 1962 for the offense of murder was ruled unconstitutional, the trial court in the current case should have sentenced the defendant to the maximum sentence for the next lesser included offense, which was manslaughter.
  • State of Louisiana v. Fredrick Thomas La. Ct. App. 3d Cir. 2017
    193-194 (La.1976), the Louisiana Supreme Court responded to the United States Supreme Court‟s declaration that the mandatory death penalty was unconstitutional: While we affirm Craig‟s conviction, we must remand for resentencing.
  • State v. Thomas 258 So. 3d 17 La. Ct. App. 1st Cir. 2017
    Defendant notes that in State v. Craig , , 193-194 (La.1976), the Louisiana Supreme Court responded to the United States Supreme Court's declaration that the mandatory death penalty was unconstitutional: While we affirm Craig's conviction, we must remand for resentencing.
  • State v. Hudson 245 So. 3d 277 La. Ct. App. 2d Cir. 2017
    In his third assignment of error, Hudson argues that the trial court should have followed State v. Craig , (La.
  • State v. Thompson 245 So. 3d 302 La. Ct. App. 2d Cir. 2017
    The argument is premised on a theory extracted from State v. Craig , (La.
  • State v. Robertson 243 So. 3d 1196 La. Ct. App. 2d Cir. 2017
  • State v. Jackson 243 So. 3d 1093 La. Ct. App. 2d Cir. 2017
    Relying upon the principles of State v. Craig , (La.
  • State v. Keith 223 So. 3d 767 La. Ct. App. 2d Cir. 2017
    Additionally, Keith argues his new sentence violates his constitutional protections against ex post facto laws, and claims entitlement to the penalty for the next lesser *770 included offense, (La.
  • State v. Plater 222 So. 3d 897 La. Ct. App. 2d Cir. 2017
    DISCUSSION The defense argues that because the mandatory sentence of life imprisonment without the benefit of parole for second degree murder is unconstitutional, Plater should have been resentenced to the next lesser included offense of manslaughter in effect at the time of the commission of the offense, (La.
  • State v. Jones 176 So. 3d 713 La. Ct. App. 1st Cir. 2015
    In support of this *720 argument, wherein the Louisiana Supreme Court held that the mandatory death sentence for aggravated rape was unconstitutional-and that the appropriate remedy to correct this illegal sentence was to remand for resentencing to the most serious penalty for the next lesser responsive verdict.
  • State v. Graham 171 So. 3d 272 La. Ct. App. 1st Cir. 2015
    Shaffer, 77 So.3d at 941 n. 3; *280 193-94 (La.1976).
  • State v. Hedgespeth 107 So. 3d 743 La. Ct. App. 2d Cir. 2012
  • State v. Walder 104 So. 3d 137 La. Ct. App. 1st Cir. 2012
    -94 (La.1976), and Graham v. Florida, the defendant asserts that, since the legislatively authorized | ^punishment for aggravated rape is unconstitutional in this case, the trial court should have imposed a sentence of up to fifty years, consistent with the next authorized responsive verdict of attempted aggravate
  • State v. Straub 111 So. 3d 38 La. Ct. App. 1st Cir. 2012
    -94 (La.1976) and Graham , defendant asserts that since the legislatively authorized punishment |sfor aggravated rape is unconstitutional in this case, the trial court should have imposed a sentence of ten to fifty years at hard labor, without benefit of parole, probation, or suspension of sentencing, consistent w
  • State v. Mason 89 So. 3d 405 La. Ct. App. 1st Cir. 2012
    (remanded for re-sentencing for aggravated rape to the most serious penalty for the next lesser-included offense which is attempted aggravated rape and a sentence of twenty years at hard labor).
  • State v. Shaffer 77 So. 3d 939 La. 2011
    See, -97 (La.1978); -94 (La.1976).
  • State v. Dyer 77 So. 3d 928 La. 2011
    See, -97 (La.1978); -94 (La.1976).
  • State v. Leason 77 So. 3d 933 La. 2011
    See, -97 (La.1978); -94 (La.1976).
  • State v. GRH 10 So. 3d 896 La. Ct. App. 3d Cir. 2009
    the supreme court discussed the penalty applicable in aggravated rape cases after the death penalty was declared unconstitutional, as follows: The defendant has thus been convicted of a crime whose penalty has been declared unconstitutional.
  • State of Louisiana v. G. R. H. La. Ct. App. 3d Cir. 2009
    the supreme court discussed the penalty applicable in aggravated rape cases after the death penalty was declared unconstitutional, as follows: The defendant has thus been convicted of a crime whose penalty has been declared unconstitutional.
  • State of Louisiana v. Leroy Breaux La. Ct. App. 3d Cir. 2009
  • State v. Breaux 6 So. 3d 982 La. Ct. App. 1st Cir. 2009
  • McCoy v. City of Monroe 747 So. 2d 1234 La. Ct. App. 2d Cir. 1999
  • State ex rel. Williams v. State 701 So. 2d 142 La. 1997
    State v. Singleton, 263 La.
  • Bosworth v. Whitley 627 So. 2d 629 La. 1993
  • State v. Martin 491 So. 2d 458 La. Ct. App. 1st Cir. 1986
  • State v. Burton 464 So. 2d 421 La. Ct. App. 1st Cir. 1985
  • State v. Dupre 408 So. 2d 1229 La. 1982
  • State v. Lee 395 So. 2d 700 La. 1981
  • State v. Byrd 385 So. 2d 248 La. 1980
    For an analogous situation to the procedure used here, in which the case was remanded for sentencing for simple rape after the death penalty for aggravated rape had been declared unconstitutional.
  • State v. Poree 386 So. 2d 1331 La. 1980
  • State v. Huckaby 368 So. 2d 1059 La. 1979
  • State v. Lighten 367 So. 2d 372 La. 1979
  • State v. Valentine 364 So. 2d 595 La. 1978
    State v. Burge, La., (1978) (rehearing denied October 19, 1978); State v. Drew, La., (1978); State v. Bryant, La., *597 (1977); State v. Lee, La., (1976); State v. Craig, La., (1976); State v. Sledge, La., (1976).