Cited by
Opinions in Louisiana that cite State v. Cass, 356 So. 2d 396.
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State of Louisiana v. Jkari Campbell
La. Ct. App. 4th Cir. 2025
As to the second issue of jury misconduct of a sleeping juror during trial, the “leading case on the issue” (La.
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State of Louisiana v. Jaylon K. Brown
La. 2024
The leading case on the issue of a (La.
- State Of Louisiana v. Tyler J. Jackson La. Ct. App. 1st Cir. 2024
- State Of Louisiana v. Jaylon K. Brown La. Ct. App. 1st Cir. 2023
- State of Louisiana v. Furlonzo R. Moran La. Ct. App. 2d Cir. 2022
- State Of Louisiana v. Jason Bringier La. Ct. App. 1st Cir. 2021
- State of Louisiana v. Sirdetrick Samuels La. Ct. App. 2d Cir. 2019
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Overruled
State of Louisiana v. David Billy Parker, Jr.
La. Ct. App. 3d Cir. 2018
3 the supreme court reversed a conviction, finding the judge erred in replacing a juror whom he thought to be sleeping.
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Overruled
State v. Parker
258 So. 3d 883
La. Ct. App. 1st Cir. 2018
In State v. Cass , , 397 (La.1977), the supreme court reversed a conviction, finding the judge erred in replacing a juror whom he thought to be sleeping.
- State v. Traylor 246 So. 3d 665 La. Ct. App. 2d Cir. 2018
- State v. Preston 178 So. 3d 207 La. Ct. App. 1st Cir. 2015
- State of Louisiana v. Wilson Locke, Jr. La. Ct. App. 3d Cir. 2014
- State of Louisiana v. Ronald Pete La. Ct. App. 3d Cir. 2014
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State v. Pete
134 So. 3d 196
La. Ct. App. 1st Cir. 2014
a defendant should be given a hearing to determine if the juror has become disqualified to perform his duties.
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State v. Sterling
131 So. 3d 295
La. Ct. App. 1st Cir. 2013
-398 (La.1977); State v. King, 11-767 (La.App.
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State v. Carter
128 So. 3d 1108
La. Ct. App. 1st Cir. 2013
The State, responds that the trial court did not err in denying defendant’s motion for new trial because he did not show that the jurors, even if they did fall asleep momentarily, were unable to perform their duties.
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State v. King
88 So. 3d 1147
La. Ct. App. 1st Cir. 2012
Alternate jurors, in the order in which they are called, shall replace jurors who become unable to perform or disqualified from performing their duties.” the Louisiana Supreme Court addressed the issue of a sleeping juror.
- State of Louisiana v. Michael D. Patterson La. Ct. App. 3d Cir. 2012
- State v. Patterson 83 So. 3d 1209 La. Ct. App. 1st Cir. 2012
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State v. Cass
17 So. 3d 486
La. Ct. App. 2d Cir. 2009
A 1977 jury trial conviction for attempted aggravated rape
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State v. Lee
15 So. 3d 229
La. Ct. App. 1st Cir. 2009
which provides that once a jury has been sworn, the defendant has a right to have his case decided by that jury.
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State of Louisiana v. Timothy A. Brannon
La. Ct. App. 3d Cir. 2007
the supreme court stated: Consistent with State v. Buggage, [ (La.
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State v. Brannon
971 So. 2d 511
La. Ct. App. 3d Cir. 2007
the supreme court stated: Consistent with State v. Buggage, [ ] and State v. Rounsavall, [ ] and applying C.Cr.
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State of Louisiana v. Clayton James Greene
La. Ct. App. 3d Cir. 2007
wherein the supreme court stated the following: “[t]he right of the accused to have a juror selected by him try the case is a substantial one, the improper deprivation of which is prejudicial.
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Overruled
State of Louisiana v. Marcus Deangelo Tennors
La. Ct. App. 3d Cir. 2006
7 the supreme court reversed a conviction, finding the judge erred in replacing a juror whom he thought to be sleeping.
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Overruled
State v. Tennors
923 So. 2d 823
La. Ct. App. 3d Cir. 2006
the supreme court reversed a conviction, finding the judge erred in replacing a juror whom he thought to be sleeping.
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Hamilton v. Winder
924 So. 2d 267
La. Ct. App. 1st Cir. 2006
Further, guidance for determining the minimal requirements for unavailability of jurors can be found by a (La.App.
- Green v. K-Mart Corp. 849 So. 2d 814 La. Ct. App. 3d Cir. 2003
- Green v. K-Mart Corp. 834 So. 2d 1084 La. Ct. App. 3d Cir. 2002
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State v. Burns
800 So. 2d 106
La. Ct. App. 2d Cir. 2001
: It is error to remove a juror for dozing off briefly, or for merely closing his eyes while a transcript is read, (La.App.
- State v. Tolliver 753 So. 2d 958 La. Ct. App. 2d Cir. 2000
- State v. Brady 748 So. 2d 1280 La. Ct. App. 2d Cir. 1999
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State v. Mohamed
700 So. 2d 881
La. Ct. App. 1st Cir. 1997
Although the Louisiana Code of Criminal Procedure does not provide a definition of “incompetent,” the Louisiana Supreme Court interpreted the meaning of “incompetent” -398 , (La.1977).
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State v. Womack
592 So. 2d 872
La. Ct. App. 2d Cir. 1991
It is error to remove a juror for dozing off briefly, or for merely closing his eyes while a transcript is read, (La.App.
- State v. Williams 500 So. 2d 811 La. Ct. App. 1st Cir. 1986
- State v. Hookfin 476 So. 2d 481 La. Ct. App. 1st Cir. 1985
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State v. Johnson
463 So. 2d 620
La. Ct. App. 1st Cir. 1984
however, the trial judge removed a juror during trial and replaced this juror with an alternate.
- State v. Clay 441 So. 2d 1227 La. Ct. App. 1st Cir. 1983
- State v. Cass 379 So. 2d 734 La. 1980
- State v. Breaux 366 So. 2d 1375 La. 1978