Cited by
Opinions in Louisiana that cite State v. Henderson, 362 So. 2d 1358.
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State of Louisiana v. Corey Morgan
La. Ct. App. 4th Cir. 2023
App. 4 Cir. 6/3/15), ( (La.
- State of Louisiana v. Nicquarious Shukkor Hewitt La. Ct. App. 2d Cir. 2023
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State of Louisiana v. Tremaine Williams
La. Ct. App. 4th Cir. 2023
App. 4 Cir. 6/3/15), (La.
- State Of Louisiana v. Montrell Lee La. 2022
- State v. Maize 223 So. 3d 633 La. Ct. App. 1st Cir. 2017
- State v. Jackson 191 So. 3d 63 La. Ct. App. 1st Cir. 2016
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State v. Bernard
171 So. 3d 1063
La. Ct. App. 1st Cir. 2015
State v. Hester, 99-426, p. 14 (La.App.
- State v. Kelly 164 So. 3d 866 La. Ct. App. 1st Cir. 2014
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State v. Falkins
146 So. 3d 838
La. Ct. App. 1st Cir. 2014
“[T]he trial court must determine whether the interval between the event and the statement was long enough to permit a subsidence of emotional upset and a restoration of a reflective thought process.”
- State of Louisiana v. M S La. Ct. App. 3d Cir. 2012
- State v. Richardson 71 So. 3d 492 La. Ct. App. 2d Cir. 2011
- State v. Griffin 30 So. 3d 1039 La. Ct. App. 2d Cir. 2010
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State v. Ramirez
30 So. 3d 833
La. Ct. App. 1st Cir. 2009
State v. Hester, 99-426, p. 14 (La.App.
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State v. Harry
11 So. 3d 1244
La. Ct. App. 1st Cir. 2009
1/12/01), (per curiam) (introduction of victim's properly admitted excited utterance does not violate the Confrontation Clause even when it constitutes the only direct evidence that the defendant committed the offense, -62 (La.
- State v. Martin 913 So. 2d 863 La. Ct. App. 2d Cir. 2005
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State v. Taylor
850 So. 2d 5
La. Ct. App. 1st Cir. 2003
See State v. Robinson, 2000-2284 (La.1/12/01), (introduction of victim’s properly admitted excited utterance does not violate the Confrontation Clause even when it constitutes the only direct evidence that the defendant committed the offense, ).
- State v. Bagneris 830 So. 2d 1047 La. Ct. App. 4th Cir. 2002
- State v. Lee 826 So. 2d 616 La. Ct. App. 4th Cir. 2002
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State v. Lipscomb
823 So. 2d 425
La. Ct. App. 4th Cir. 2002
the court held that when the trial judge entertained numerous oral requests and objections by the defendants, the judge had dispensed with the requirement that special charges be in writing and had tacitly agreed to consider such instructions as orally proposed.
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State v. Simmons
817 So. 2d 16
La. 2002
See State v. Haddad, 99-1272 (La.2/29/00)
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State v. Vincent
806 So. 2d 992
La. Ct. App. 5th Cir. 2002
602 (1897) (“In nearly all the cases in which *998 the question has arisen, evidence of other statements by the deceased inconsistent with his dying declarations has been received.”); (“[S]ince the dying declaration is in effect a testimonial statement ....
- State v. White 802 So. 2d 869 La. Ct. App. 4th Cir. 2001
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State v. Jones
791 So. 2d 622
La. 2001
602 (1897) ("In nearly all the cases in which the question has arisen, evidence of other statements by the deceased inconsistent with his dying declarations has been received."); ("[S]ince the dying declaration is in effect a testimonial statement ....
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State v. Robinson
776 So. 2d 431
La. 2001
Assuming that the state meets the foundational requirements for this firmly rooted hearsay exception, the introduction of a victim's excited utterance does not violate the Confrontation Clause even when it constitutes the only direct evidence that the defendant committed the offense.
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State v. Lipscomb
770 So. 2d 29
La. Ct. App. 4th Cir. 2000
the court held that when the trial judge entertained numerous oral requests and objections by the defendants, the judge had dispensed with the requirement that special charges be in writing and had tacitly agreed to consider such instructions as orally proposed.
- State v. Dalton 759 So. 2d 180 La. Ct. App. 4th Cir. 2000
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State v. Haddad
767 So. 2d 682
La. 2000
Additionally, this court held that when the trial judge entertained numerous oral requests and objections by the defendants, the judge had dispensed with the requirement that special charges be in writing and had tacitly agreed to consider such instructions as orally proposed.
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State v. Duvall
747 So. 2d 793
La. Ct. App. 1st Cir. 1999
a post -Harvey decision on the issue of whether the State had to furnish the conviction record of a victim where the State intended to introduce an out-of-court statement of the victim at trial (“Because the exited utterance also is in effect a testimonial statement, its introduction likewise should m
- State v. Haley 709 So. 2d 992 La. Ct. App. 1st Cir. 1998
- State v. Henderson 672 So. 2d 1085 La. Ct. App. 4th Cir. 1996
- State v. Crawford 672 So. 2d 197 La. Ct. App. 3d Cir. 1996
- Jackson v. STATE FARM MUT. AUTO. INS. 665 So. 2d 661 La. Ct. App. 2d Cir. 1995
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State v. Etienne
649 So. 2d 1230
La. Ct. App. 3d Cir. 1995
the Louisiana Supreme Court outlined two requirements in determining the admissibility of evidence under the excited utterance hearsay exception, and delineated several factors to assist the courts in determining whether the requirements are met.
- State v. Wilcoxon 639 So. 2d 385 La. Ct. App. 2d Cir. 1994
- State v. Wilcoxon 639 So. 2d 385 La. Ct. App. 2d Cir. 1994
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State v. Johnson
598 So. 2d 1288
La. Ct. App. 1st Cir. 1992
decided subsequent to the present defendant’s conviction, was also substantially similar to the one in the instant case.
- State v. Prater 583 So. 2d 520 La. Ct. App. 3d Cir. 1991
- State v. Baker 582 So. 2d 1320 La. Ct. App. 4th Cir. 1991
- State v. Reaves 569 So. 2d 650 La. Ct. App. 2d Cir. 1990
- State v. Martin 562 So. 2d 468 La. Ct. App. 5th Cir. 1990
- State v. Holland 544 So. 2d 461 La. Ct. App. 2d Cir. 1989
- State v. Gremillion 542 So. 2d 1074 La. 1989
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State v. Leonard
543 So. 2d 975
La. Ct. App. 3d Cir. 1989
the Louisiana Supreme Court outlined two requirements in determining the admissibility of evidence under the excited utterance hearsay exception, and delineated several factors to assist the courts in determining whether the requirements are met.
- State v. Ferguson 540 So. 2d 1116 La. Ct. App. 1st Cir. 1989
- State v. Griffin 540 So. 2d 1144 La. Ct. App. 1st Cir. 1989
- State v. Lingle 514 So. 2d 171 La. Ct. App. 1st Cir. 1987
- State v. Brown 508 So. 2d 118 La. Ct. App. 4th Cir. 1987
- Allen v. Burrow 505 So. 2d 880 La. Ct. App. 2d Cir. 1987
- State v. Nolan 503 So. 2d 1186 La. Ct. App. 3d Cir. 1987
- State v. Burns 504 So. 2d 124 La. Ct. App. 2d Cir. 1987