Cited by
Opinions in Louisiana that cite State v. Frederick, 340 So. 2d 1353.
- State v. Scott 48 So. 3d 1080 La. 2010
- State v. Scott 20 So. 3d 1089 La. Ct. App. 1st Cir. 2009
- State v. Cooks 833 So. 2d 1034 La. Ct. App. 2d Cir. 2002
- State v. Jacobs 803 So. 2d 933 La. 2001
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State v. Hills
761 So. 2d 516
La. 2000
...; (3) the other crimes evidence must be substantially relevant for some other purpose than to show a probability that the defendant committed the crime on trial because he is a man of criminal character; (4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
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State v. Lockett
754 So. 2d 1128
La. Ct. App. 1st Cir. 2000
On the other hand, the Louisiana Supreme Court specifically addressed the exact issue presented in this case and found reversible error.
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State v. Pollard
760 So. 2d 362
La. Ct. App. 4th Cir. 2000
(2) The other crimes evidence must be substantially relevant for some other purpose than to show the defendant's general criminal character ( concurring opinion); (3) The other crimes evidence must tend to prove a material fact genuinely at issue ( (4) The method of commission of both the charged and the uncharged crime must be so distinctively similar that one may logically infer that the same person committed both crimes ( (5) The probative value of the other crimes must outweigh its prejudici
- State v. McArthur 702 So. 2d 1047 La. Ct. App. 3d Cir. 1997
- State v. Crawford 672 So. 2d 197 La. Ct. App. 3d Cir. 1996
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State v. Lee
637 So. 2d 656
La. Ct. App. 2d Cir. 1994
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
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State v. Duke
625 So. 2d 325
La. Ct. App. 3d Cir. 1993
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must out weigh its prejudicial effect.
- State v. Magouirk 539 So. 2d 50 La. Ct. App. 2d Cir. 1989
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State v. Moya
539 So. 2d 756
La. Ct. App. 3d Cir. 1989
the court stated that, in proving an intent to distribute, only a general criminal intent is required.
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State v. Charles
502 So. 2d 1095
La. Ct. App. 1st Cir. 1987
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
- State v. Piazza 478 So. 2d 1318 La. Ct. App. 5th Cir. 1985
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State v. Guarisco
466 So. 2d 1356
La. Ct. App. 3d Cir. 1985
mitted it must be determined that: (1) there is clear and convincing evidence of the commission of the other crimes and the defendant's connection therewith, State v. Prieur, supra ; (2) the other crimes evidence is substantially relevant for some other purpose than to show a probability that the defendant committed the crime on trial because he is a man of criminal character, (3) the other crimes evidence does tend to prove a material fact genuinely at issue, and (4) the probative value of the
- State v. Johnson 443 So. 2d 766 La. Ct. App. 3d Cir. 1983
- State v. Moore 440 So. 2d 134 La. 1983
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State v. Henry
436 So. 2d 510
La. 1983
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
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State v. Humphrey
431 So. 2d 751
La. 1982
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
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State v. Talbert
416 So. 2d 97
La. 1982
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must out weigh its prejudicial effect.
- State v. Goza 408 So. 2d 1349 La. 1982
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State v. McDermitt
406 So. 2d 195
La. 1981
(4) the other crimes evidence must tend to prove a material fact genuinely at issue; (5) the probative value of the extraneous crimes evidence must outweigh its prejudicial effect.
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State v. Walker
394 So. 2d 1181
La. 1981
mitted it must be determined that: (1) there is clear and convincing evidence of the commission of the other crimes and the defendant's connection therewith, State v. Prieur, supra ; (2) the other crimes evidence is substantially relevant for some other purpose than to show a probability that the defendant committed the crime on trial because he is a man of criminal character, (3) the other crimes evidence does tend to prove a material fact genuinely at issue, and (4) the probative value of the
- State v. Cann 392 So. 2d 381 La. 1981
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State v. Martin
377 So. 2d 259
La. 1979
For example, : Proof of present guilt may not properly be made by evidence of general bad character or of prior criminal record or of other criminal activity independent of the present offense.
- State v. Abercrombie 375 So. 2d 1170 La. 1979
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State v. Hatcher
372 So. 2d 1024
La. 1979
State v. Mitchell, supra
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State v. Lecompte
371 So. 2d 239
La. 1979
State v. Jackson, supra ; (La.
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State v. Jacobs
371 So. 2d 727
La. 1979
Since the latter charge was founded upon defendant's possession of only four lids of marijuana which he testified he intended to smoke, the evidence indicates that the presence or absence of his intention to distribute these drugs was a real and genuine matter at issue independent of his general claim of innocence posed by his plea of not guilty, and that the prejudicial effect of the other crimes evidence does not outweigh its probative value.
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State v. Jackson
367 So. 2d 353
La. 1979
State v. Mitchell, supra
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State v. Morris
362 So. 2d 1379
La. 1978
See: Wigmore on Evidence: Vol.
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State v. Lewis
358 So. 2d 1285
La. 1978
he proof of other crimes is relevant to prove a fact of consequence to the accused's present guilt, or innocence (independent of the inadmissible purpose to infer that the accused was a bad man who committed the crime on trial because he committed the other one), State v. Moore, supra ; (1973); State v. Mitchell, supra ; State v. Jackson, supra ; (La.
- State v. Showers 359 So. 2d 104 La. 1978
- State v. Nelson 357 So. 2d 1100 La. 1978
- State v. Mitchell 356 So. 2d 974 La. 1978
- State v. Frentz 354 So. 2d 1007 La. 1978
- State v. Holstead 354 So. 2d 493 La. 1977
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State v. Burnette
353 So. 2d 989
La. 1977
McCormick on Evidence, § 190, p. 454 (2d ed. 1972); People v. McKinney, 24 N.Y.2d 180 , 299 N.Y.S.2d 401 , 247 N.E.2d 244 (1969); State v. Gilligan, 92 Conn. 526 , 103 A. 649 (1918)
- State v. Williams 352 So. 2d 1295 La. 1977
- State v. Jackson 352 So. 2d 195 La. 1977
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State v. Carter
352 So. 2d 607
La. 1977
1977); State v. Moore, supra
- State v. Ballard 351 So. 2d 484 La. 1977
- State v. Ledet 345 So. 2d 474 La. 1977