Cited by
Opinions in Louisiana that cite State v. Carter, 352 So. 2d 607.
- State of Louisiana v. Richard Wayne Barras La. Ct. App. 3d Cir. 2021
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State of Louisiana v. Joseph Michael Elie, III
La. Ct. App. 3d Cir. 2011
art. 404]; State v. Carter, [ ]
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State v. Elie
74 So. 3d 1216
La. Ct. App. 1st Cir. 2011
art. 404]; State v. Carter, [ ]
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State of Louisiana v. H. A., Sr.
La. Ct. App. 3d Cir. 2010
art. 404]; State v. Carter, []
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State v. HA, SR.
47 So. 3d 34
La. Ct. App. 1st Cir. 2010
art. 404]; State v. Carter, [ ]
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State v. Nix
987 So. 2d 855
La. Ct. App. 1st Cir. 2008
art. 495.1 and an earlier case, which interpreted the earlier incarnation of art. 495.1.
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State v. JTS
865 So. 2d 1032
La. Ct. App. 3d Cir. 2004
15:446; State v. Carter, [ ]
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State of Louisiana v. J.T.S.
La. Ct. App. 3d Cir. 2004
15: 446; State v. Carter, []; (La.
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State v. J.T.S.
865 So. 2d 1032
La. Ct. App. 1st Cir. 2004
15:446; State v. Carter, [ ]
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State v. Washington
846 So. 2d 723
La. 2003
-610 (La.1977) 5 , this court explained: Joinder of offenses is the charging of an accused with two or more crimes as multiple counts in a single indictment.
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State v. Washington
846 So. 2d 723
La. 2003
-610 (La.1977) [5] , this court explained: Joinder of offenses is the charging of an accused with two or more crimes as multiple counts in a single indictment.
- State v. Lee 764 So. 2d 1122 La. Ct. App. 4th Cir. 2000
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State v. Jackson
746 So. 2d 638
La. Ct. App. 4th Cir. 1999
art. 495.1 and relying on an earlier case
- State v. Smith 557 So. 2d 393 La. Ct. App. 1st Cir. 1990
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State v. Gray
556 So. 2d 661
La. Ct. App. 2d Cir. 1990
the Supreme Court held that under LSA-C.Cr.P.
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State v. Schneider
542 So. 2d 620
La. Ct. App. 5th Cir. 1989
and other cases which had suggested that, in order for separate offenses to be tried together, evidence of each should have been admissible at the trial of others.
- State v. Brooks 541 So. 2d 801 La. 1989
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State v. Baker
535 So. 2d 861
La. Ct. App. 2d Cir. 1988
the court stated that Art. 495.1, as it read at that time, normally required severance when the offenses were joined *864 solely because they were of the "same or similar" character unless evidence of each offense would have been respectively admissible at the separate trial of the other.
- State v. Stevens 522 So. 2d 1218 La. Ct. App. 4th Cir. 1988
- State v. Lowe 485 So. 2d 99 La. Ct. App. 2d Cir. 1986
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State v. Labuzan
480 So. 2d 420
La. Ct. App. 4th Cir. 1985
See State v. Washington, supra
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State v. Johnson
464 So. 2d 447
La. Ct. App. 1st Cir. 1985
art. 495.1 as follows: we held that art. 495.1, as it read at that time, normally required severance when the offenses were joined solely because they were of the “same or similar” character unless evidence of each offense would have been respectively admissible at the separate trial of the other.
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State v. Bennett
457 So. 2d 741
La. Ct. App. 2d Cir. 1984
held that normally severance is required when the offenses were joined simply because of their “same or similar” nature unless the evidence of such offenses *745 would have been respectively admissible at separate trials.
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State v. Celestine
452 So. 2d 676
La. 1984
we held that art. 495.1, as it read at that time, [3] normally required severance when the offenses were joined solely because they were of the "same or similar" character unless evidence of each offense would have been respectively admissible at the separate trial of the other.
- State v. Joseph 441 So. 2d 1290 La. Ct. App. 1st Cir. 1983
- State v. Moore 440 So. 2d 134 La. 1983
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State v. Craddock
435 So. 2d 1110
La. Ct. App. 1st Cir. 1983
*1116 Article 495.1 of the Code of Criminal Procedure was amended in 1978 to adopt the interest of justice standard of the federal rules rather than the "appropriate to promote"
- State v. Washington 430 So. 2d 641 La. 1983
- State v. Washington 430 So. 2d 641 La. 1983
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State v. Williams
418 So. 2d 562
La. 1982
we held that art. 495.1, as it read at that time, [3] normally required severance *565 when the offenses were joined solely because they were of the "same or similar" character unless evidence of each offense would have been respectively admissible at the separate trial of the other.
- State v. Carter 412 So. 2d 540 La. 1982
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State v. MacHon
410 So. 2d 1065
La. 1982
that in deciding whether the joinder of similar offenses necessitates a severance because of possible prejudice to the defendant
- State v. Day 400 So. 2d 622 La. 1981
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State v. Thomas
395 So. 2d 802
La. 1981
After reviewing the federal jurisprudence, it was announced that, among the criteria for judging when prejudice might arise from joinder, were those expressed in State v. *804 Carter, (La.
- State v. Washington 386 So. 2d 1368 La. 1980
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State v. Washington
386 So. 2d 1368
La. 1980
art. 495.1 mandates severance in his case.
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State v. Harris
383 So. 2d 1
La. 1980
[2] a determination that multiple counts of the same or similar character may be simultaneously tried requires that the counts be mutually admissible as legitimate "other crimes"
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State v. Lecompte
371 So. 2d 239
La. 1979
State v. Holstead, supra
- State v. Durr 371 So. 2d 790 La. 1979
- State v. Jacobs 371 So. 2d 727 La. 1979
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State v. Coleman
369 So. 2d 1286
La. 1979
a determination that multiple counts charging offenses of the same or similar character may be simultaneously tried ordinarily requires that the counts be mutually admissible as legitimate "other crimes"
- State v. Dickinson 370 So. 2d 557 La. 1979
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State v. Hamilton
364 So. 2d 585
La. 1978
In interpreting the statutory command that the trial court shall grant a severance whenever it will promote a fair trial, (La.
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State v. Boone
364 So. 2d 978
La. 1978
and a general statement to the effect that the trial judge fell into legal error when he refused to sever the offenses charged, the defense has not pointed out to this Court wherein severance "is deemed appropriate to promote a fair determination of defendant's guilt or innocence on each offense."
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State v. Carter
362 So. 2d 510
La. 1978
[2] Since this case is not one which involves the joinder of offenses of the "same or similar character,"
- State v. Lewis 358 So. 2d 1285 La. 1978
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State v. Quinn
358 So. 2d 1267
La. 1978
require a reversal here.
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State v. Labostrie
358 So. 2d 1243
La. 1978
[2] Since this is not a case which involves the joinder of offenses of the "same or similar character,"
- State v. Cramer 358 So. 2d 1277 La. 1978
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State v. Showers
359 So. 2d 104
La. 1978
(rehearing denied, December 14, 1977), after full discussion, we held that "when offenses, which have been joined solely because they are the same or similar character offenses, are not legitimate `other crimes' under Prieur and its progeny, they should normally be severed upon pre-trial motion of the accused or