Cited by

Opinions in Louisiana that cite State v. Culberth, 390 So. 2d 847.

22 citing documents.

State v. Harris 892 So. 2d 1238 La. 2005
[47] (rev'd)(life); (rev'd)(life); (aff'd)(commuted to life by Governor); (rev'd)(life); (rev'd)(life); (rev'd)(life); (rev'd)
State v. Deruise 802 So. 2d 1224 La. 2001
stance where victim was shot at close range several times did not support finding of heinousness); (holding that killing did not fall within category of the cruel, heinous, and atrocious crimes, where the victim was shot once in the head and neck from a distance of no less than twenty-four inches with a sawed-off, 12 gauge shotgun); (finding that where victim was stabbed five times with the intent to kill, even if the killing itself was a cruel and heinous act, such a murder was not intended to
State v. Graves 699 So. 2d 903 La. Ct. App. 4th Cir. 1997
State v. Cage 583 So. 2d 1125 La. 1991
(on rehearing); (on rehearing)
State v. Messiah 538 So. 2d 175 La. 1988
1982); State v. Johnson, No. 309-852, State v. Cage, No. 313-962; State v. Smith, No. 311-353.
State v. Tassin 536 So. 2d 402 La. 1988
State v. Banks 503 So. 2d 529 La. Ct. App. 3d Cir. 1987
State v. Chairs 493 So. 2d 202 La. Ct. App. 1st Cir. 1986
art. 774, which in pertinent part, reads: “The argument shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case.” and many other cases wherein the Supreme Court discussed at length the impropriety of unfavorable direct or indirect references to a defendant’s Fifth Amendment right to silence.
State v. Jones 474 So. 2d 919 La. 1985
See, for example, in which the crime would not even qualify as first degree murder under the present statutory definition.
State v. Rault 445 So. 2d 1203 La. 1984
State v. Kirkpatrick 443 So. 2d 546 La. 1983
State v. Hebert 443 So. 2d 620 La. Ct. App. 3d Cir. 1983
[1] *623 The trial judge in denying the motion for mistrial stated in part: "I think that there are a number of cases, including State vs. Culberth, ; State vs. Henderson, ; State vs. Simms (sic), ; State vs. Frank, ; State vs. Braxton, , that, in effect, consistently recognized the propriety of the State's commenting on the lact of refuting evidence, or in this case, evidence which was contradicted or
State v. Smith 433 So. 2d 688 La. 1983
State v. Johnson , supra; *698
State v. Thomas 427 So. 2d 428 La. 1983
(on rehearing); See, 82-KA-2227; See also
State v. Narcisse 426 So. 2d 118 La. 1983
State v. Taylor 422 So. 2d 109 La. 1982
State v. Sawyer 422 So. 2d 95 La. 1982
State v. Jordan 420 So. 2d 420 La. 1982
[4] The Orleans Parish Criminal District Court cases in which the death sentence was imposed are: State v. Jordan, (La.1982), No. 81-KA-1771; State v. Brown, supra; State v. Monroe, supra; (La.
State v. Mattheson 407 So. 2d 1150 La. 1981
[13] State v. Jordan, No. 269-824, Criminal District Court, Parish of Orleans; and State v. Mattheson.
Distinguished State v. Lindsey 404 So. 2d 466 La. 1981
State v. Sonnier 402 So. 2d 650 La. 1981
State v. Monroe 397 So. 2d 1258 La. 1981
we noted that "this aggravating circumstance is established when the defendant by a single and consecutive course of conduct contemplates and causes a great risk to more than one person."