Cited by
Opinions in Louisiana that cite State v. Payton, 361 So. 2d 866.
- State v. Interiano 868 So. 2d 9 La. 2004
- State v. Palermo 765 So. 2d 1155 La. Ct. App. 5th Cir. 2000
- State v. Palermo 765 So. 2d 1139 La. Ct. App. 5th Cir. 2000
- State v. Boyd 710 So. 2d 1074 La. 1998
- State v. Corley 703 So. 2d 653 La. Ct. App. 3d Cir. 1997
- State v. Conway 556 So. 2d 1323 La. Ct. App. 3d Cir. 1990
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State v. Powell
515 So. 2d 1085
La. 1987
Const. 1974, Art. I, §§ 2, 13; -17 (La.1979); (La.
- State v. Lambert 514 So. 2d 550 La. Ct. App. 1st Cir. 1987
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State ex rel. Burnham v. Blackburn
484 So. 2d 656
La. 1986
Relator was found guilty as charged following a jury trial in April of 1978, or before this Court’s became final in August of 1978.
- State v. Welcome 458 So. 2d 1235 La. 1984
- State v. Union Tank Car Co. 439 So. 2d 377 La. 1983
- State v. Taylor 422 So. 2d 109 La. 1982
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State v. Goodley
418 So. 2d 650
La. 1982
The homicide occurred on March 31, 1979, and was thus governed by the scheme adopted by the Legislature during the 1978 regular session in response to this court’s
- State v. Jett 419 So. 2d 844 La. 1982
- State v. Baron 416 So. 2d 537 La. 1982
- State v. Mitchell 412 So. 2d 547 La. 1982
- State v. Love 410 So. 2d 1045 La. 1982
- State v. Willie 410 So. 2d 1019 La. 1982
- State v. Edwards 406 So. 2d 1331 La. 1981
- State v. Mattheson 407 So. 2d 1150 La. 1981
- State v. Sonnier 402 So. 2d 650 La. 1981
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State v. LaFleur
398 So. 2d 1074
La. 1981
wherein it was held that the legislature had impliedly amended the first degree murder statute to require an aggravating circumstance.
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State v. Morris
397 So. 2d 1237
La. 1981
Based upon this answer and an erroneous reading of this Court's opinion in State v. *1238 Payton, defendant filed a motion to quash.
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State v. Motton
395 So. 2d 1337
La. 1981
The legislature amended 14:30.1 stated that by this amendment, "...
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State v. Toomer
395 So. 2d 1320
La. 1981
was decided on June 30, 1978, and interpreted *1326 the murder statutes which were in effect then.
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State v. Berry
391 So. 2d 406
La. 1980
However, wherein this Court recognized that the presence of aggravating circumstances is an essential element of the crime of first degree murder under Louisiana's 1977 statutory scheme.
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State v. McMahon
391 So. 2d 1120
La. 1980
this court held certain provisions of C.Cr.P.
- State v. Clark 387 So. 2d 1124 La. 1980
- State v. Williamson 389 So. 2d 1328 La. 1980
- State v. Myles 389 So. 2d 12 La. 1980
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State v. Landry
388 So. 2d 699
La. 1980
where, in addition, this court rejected an attack on the constitutionality of R.S 14:30.1 as it existed in 1978.
- State v. Hartman 388 So. 2d 688 La. 1980
- State v. Baylis 388 So. 2d 713 La. 1980
- State v. Baldwin 388 So. 2d 664 La. 1980
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State v. Sonnier
380 So. 2d 1
La. 1980
See State v. Myles (La.1979) (No. 63567)
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State v. Delore
381 So. 2d 455
La. 1980
held that the definitions of first and second degree murder cannot provide for the presence or absence of heinous circumstances as essential elements of the offenses.
- State v. Sonnier 379 So. 2d 1336 La. 1980
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State v. Eaker
380 So. 2d 19
La. 1980
Assignments of Error Nos. 20 and 21 an opinion rendered six days after the jury found Eaker guilty of first degree murder and recommended the sentence of life imprisonment.
- State v. Dousay 378 So. 2d 414 La. 1979
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State v. Ford
375 So. 2d 641
La. 1979
First, he alleges that his prosecution for first degree murder where the aggravating circumstance relied upon is the heinous, atrocious or cruel manner of the offense *642 [905.4(g)]
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State v. Kelly
375 So. 2d 1344
La. 1979
This Court in effect excised "heinousness"
- State v. Martin 376 So. 2d 300 La. 1979
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State v. Perkins
375 So. 2d 1179
La. 1979
which held that the statutory scheme under review made the presence of at least one aggravating circumstance an essential element of first degree murder.
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State v. Sheppard
371 So. 2d 1135
La. 1979
14:30 (1976), 14:30.1 (1977), (1978).
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State v. Liner
373 So. 2d 121
La. 1979
On January 3, 1979, the defense filed a
- State v. Monroe 366 So. 2d 1345 La. 1978
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State v. Coulon
362 So. 2d 573
La. 1978
See our decision in State v. Payton and Coulon, No. 62,388, .
- State v. Seward 362 So. 2d 573 La. 1978