Cited by

Opinions in Louisiana that cite State v. Ervin, 340 So. 2d 1379.

18 citing documents.

State of Louisiana v. Jamal Christopher Lacon La. Ct. App. 3d Cir. 2019
State of Louisiana v. Raven Lamar Wiltz La. Ct. App. 3d Cir. 2019
State of Louisiana v. Asa Bentley AKA - Asa N. Bentley La. Ct. App. 3d Cir. 2016
State v. Bentley 182 So. 3d 1269 La. Ct. App. 1st Cir. 2016
State of Louisiana v. Kiley M. Williams La. Ct. App. 3d Cir. 2004
State v. Williams 878 So. 2d 765 La. Ct. App. 3d Cir. 2004
South Cent. Bell v. PUBLIC SERVICE COM'N 594 So. 2d 357 La. 1992
State v. Potter 591 So. 2d 1166 La. 1991
State v. Potter 578 So. 2d 528 La. Ct. App. 4th Cir. 1991
the Louisiana Supreme Court found that a contemporaneous request for a mistrial was unnecessary to preserve the error for appeal when the prosecution referred to defendant's prior incarceration over defense objection because it would have been a "vain and useless act."
State v. Mullins 537 So. 2d 386 La. Ct. App. 4th Cir. 1988
In certain instances, however, objections which come shortly thereafter will be considered timely, and there are even instances in which no objections are required because they would be a vain and useless act, see State v. Ervin, supra [ ].
State v. Scroggins 465 So. 2d 820 La. Ct. App. 2d Cir. 1985
State v. Jenkins 456 So. 2d 174 La. Ct. App. 2d Cir. 1984
Distinguished State v. Sisk 444 So. 2d 315 La. Ct. App. 1st Cir. 1983
for the proposition that a motion for a mistrial is timely when it is made upon conclusion of the opening or closing statement.
State v. Morgan 367 So. 2d 779 La. 1979
failure to make the motion is considered a waiver of the error
State v. Hayes 364 So. 2d 923 La. 1978
we reviewed a defendant's assignment of error relating to the introduction of other crimes evidence despite his failure to move for a mistrial.
State v. Gaines 347 So. 2d 1153 La. 1977
State v. Lee 346 So. 2d 682 La. 1977
State v. Stuart 344 So. 2d 1006 La. 1977