Cited by
Opinions in Louisiana that cite State v. Green, 343 So. 2d 149.
- Lanard Lavigne Versus State of Louisiana La. Ct. App. 5th Cir. 2025
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State of Louisiana v. Stephen Douglas Cormier
La. Ct. App. 3d Cir. 2024
The State further notes that a prosecutor’s statement is not evidence and, “absent bad faith on the part of the prosecutor or clear and substantial prejudice, the reference in the opening statement to evidence later ruled inadmissible is not a ground for a mistrial.”
- State Of Louisiana v. Jerome Gray La. Ct. App. 1st Cir. 2021
- State Of Louisiana v. Darrell T. Brown La. Ct. App. 1st Cir. 2021
- State Of Louisiana v. Fitzpatrick P. Williams La. Ct. App. 1st Cir. 2020
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State v. Joyner
197 So. 3d 724
La. Ct. App. 2d Cir. 2016
The general rule is that, “absent bad faith on the part of the prosecutor or clear and substantial prejudice, the reference in the opening statement to evidence later ruled inadmissible is not a ground for a mistrial.”
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State v. Brown
131 So. 3d 207
La. Ct. App. 1st Cir. 2013
5 Cir. 1/27/04) , , writ denied, 04-450 (La.6/25/04), ().
- State of Louisiana v. Jessie James Duplantis La. Ct. App. 3d Cir. 2013
- State v. Duplantis 127 So. 3d 143 La. Ct. App. 1st Cir. 2013
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State v. Camper
996 So. 2d 571
La. Ct. App. 4th Cir. 2008
art. 766; (the prosecutor's opening statement, designed to inform the jury so that they may understand the evidence as it unfolds and to protect the defendant from surprise, is not evidence and has no probative force).
- State v. Williams 866 So. 2d 1003 La. Ct. App. 5th Cir. 2004
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State v. Wallace
862 So. 2d 286
La. Ct. App. 1st Cir. 2003
Moreover, “the prosecutor’s opening statement is not evidence and has no probative force.” Rather, it is designed to inform the jury that they may understand the evidence as it unfolds and to protect the defendant from surprise: [State v.] Green, [ ].
- State v. Antoine 841 So. 2d 874 La. Ct. App. 5th Cir. 2003
- State v. Horne 554 So. 2d 820 La. Ct. App. 5th Cir. 1989
- State v. White 544 So. 2d 620 La. Ct. App. 3d Cir. 1989
- State v. Gray 542 So. 2d 684 La. Ct. App. 4th Cir. 1989
- State v. Freeman 539 So. 2d 739 La. Ct. App. 3d Cir. 1989
- State v. Scott 503 So. 2d 1173 La. Ct. App. 1st Cir. 1987
- State v. Maillian 464 So. 2d 1071 La. Ct. App. 1st Cir. 1985
- State v. Scott 454 So. 2d 851 La. Ct. App. 5th Cir. 1984
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State v. Williams
438 So. 2d 1212
La. Ct. App. 3d Cir. 1983
our Supreme Court said: "The general rule is that, absent bad faith on the part of the prosecutor or clear and substantial prejudice, the reference in the opening statement to evidence later ruled inadmissible is not a ground for a mistrial.
- State v. Verrett 419 So. 2d 455 La. 1982
- State Ex Rel. Clark v. Marullo 352 So. 2d 223 La. 1977
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State v. Hutto
349 So. 2d 318
La. 1977
State v. Adams, supra ; State v. Manuel, 253 La.
- State v. Adams 347 So. 2d 195 La. 1977