Cited by

Opinions in Louisiana that cite State v. Foote, 379 So. 2d 1058.

21 citing documents.

State v. Carter 257 So. 3d 776 La. Ct. App. 1st Cir. 2018
4 Cir. 8/21/96) , (finding victim's statements qualified as dying declarations, even though the victim did not tell anyone he knew he was going to die; also noting the victim's grave condition and that he told his mother he loved her just before lapsing into unconsciousness on the way to the hospital); (La.
State v. Bernard 171 So. 3d 1063 La. Ct. App. 1st Cir. 2015
4 Cir. 8/21/96) , (finding victim’s statements qualified as dying declarations, even though the victim did not tell anyone he knew he was going to die; also noting the victim’s grave condition and that he told his mother he loved her just before lapsing into unconsciousness on the way to the hospital); (holding the |19victim’s statements at the scene to a neighbor and at the hospital to a deputy were admissible as dying declarations, where he died eleven days later from six gunshot wounds; also
State v. Calender 941 So. 2d 624 La. Ct. App. 4th Cir. 2006
the Louisiana Supreme Court stated: Dying declarations are admitted into evidence as an exception to the hearsay rule because the dead victim is not available to testify directly, and the murderer *626 might otherwise escape justice.
State of Louisiana v. William L. Giles La. Ct. App. 3d Cir. 2004
3 Cir. 1992), citing State v. Hayes, 414 So.2d -6- 717 (La.1982)
State v. Giles 884 So. 2d 1233 La. Ct. App. 3d Cir. 2004
State v. Edwards 750 So. 2d 893 La. 1999
(when the victims did not know all of their fellow inmates by name, identifying the culprits by race and color was permissible); -1060 (La.1980) (court accepts victim's identification of perpetrator by nickname).
State v. Nicholson 703 So. 2d 173 La. Ct. App. 4th Cir. 1997
the victim's statements to a neighbor at the scene and to a deputy at the hospital were held admissible as dying declarations.
State v. Love 602 So. 2d 1014 La. Ct. App. 3d Cir. 1992
State v. Guillory 502 So. 2d 258 La. Ct. App. 1st Cir. 1987
State v. Thompson 489 So. 2d 1364 La. Ct. App. 1st Cir. 1986
State v. Watson 449 So. 2d 1321 La. 1984
State v. Walker 432 So. 2d 1057 La. Ct. App. 3d Cir. 1983
State v. Parker 421 So. 2d 834 La. 1982
State v. Verrett 419 So. 2d 455 La. 1982
NOTES [1] Although challenged on another basis, for a more recent case where this Court held a statement to be a dying declaration even though clearly in response to a question.
State v. Goods 403 So. 2d 1205 La. 1981
State v. Bretz 394 So. 2d 245 La. 1981
State v. Clark 387 So. 2d 1124 La. 1980
(La.1980); State v. Williams , No. 64,987, (La., March 3, 1980) (rehearing granted); (remanded for further proceedings); (reversed and remanded for new trial); State v. Ho
State v. Williams 392 So. 2d 619 La. 1980
Several of these cases involve murders in which an aggravating circumstance did not even arguably exist: (victim shot in bar several days after he had engaged in fight with two members of motorcycle gang to which defendant belonged); (doctor shot by younger brother suffering from emotional and mental disorders); (husband shot estranged wife after she refused to reconcile); (defendant shoots man he sees out with his former girlfriend).
State v. Vernon 385 So. 2d 200 La. 1980
State v. Williams 383 So. 2d 369 La. 1980
State v. Albert 381 So. 2d 424 La. 1980