Cited by

Opinions in Louisiana that cite State v. Byrd, 385 So. 2d 248.

167 citing documents.

State of Louisiana in the Interest of A.B.. La. Ct. App. 4th Cir. 2025
4/1/05), (observing that, “ (La.
State of Louisiana Versus Davon Gilmore La. Ct. App. 5th Cir. 2025
shared with his co-defendants the specific intent to kill the victim or to inflict great bodily harm upon him by accompanying his co- defendants to the location where the homicide was to take place, lying in wait with his co-defendants, stationing himself nearby wearing dark hooded clothing and a mask and armed with a fully loaded weapon, including a chambered bullet, (La.
State of Louisiana Versus Damon Stephney La. Ct. App. 5th Cir. 2024
State of Louisiana Versus Authur Johnson La. Ct. App. 5th Cir. 2024
State of Louisiana v. Nicquarious Shukkor Hewitt La. Ct. App. 2d Cir. 2023
State of Louisiana v. Reginald K. Jackson La. Ct. App. 3d Cir. 2022
In fact, “the discharge of the defendant is neither necessary [n]or proper when the evidence does support a conviction on a lesser and included offense which was a legislatively authorized responsive verdict.”
State Of Louisiana in the Interest of D.W. La. Ct. App. 1st Cir. 2022
State of Louisiana v. Lisa W. Rabalais La. Ct. App. 3d Cir. 2021
2419, 77 L.Ed.2d 1309 (1983)
State of Louisiana Versus Shawn A. Clark La. Ct. App. 5th Cir. 2020
State of Louisiana in the Interest of J.P. . La. Ct. App. 4th Cir. 2019
4/1/05), (observing that, “ (La.
State v. Priest 265 So. 3d 993 La. Ct. App. 1st Cir. 2019
art. 821 ; State v. Byrd , (La.
State v. Trung Le 243 So. 3d 637 La. Ct. App. 1st Cir. 2018
"However, under State v. Byrd , and La.
State v. Leger 236 So. 3d 577 La. Ct. App. 1st Cir. 2017
P. art. 821(E) , 251 (La.
State of Louisiana v. Nathaniel Climes Thibeaux AKA Nathaniel Thibeaux La. Ct. App. 3d Cir. 2017
nder a judgment of conviction on a lesser included responsive offense, “[i]f the appellate court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense.” When the evidence does support a conviction on a lesser included offense, “the discharge of the defendant is neither necessary [n]or proper.”
State v. Thibeaux 229 So. 3d 967 La. Ct. App. 1st Cir. 2017
nd render a judgment of conviction on a lesser included responsive offense, “[i]f the appellate court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense.” When the evidence does support a conviction on a lesser included offense, “the discharge of the defendant is neither necessary [n]or proper.”
State of Louisiana v. Ernest Carter, Jr. La. Ct. App. 3d Cir. 2015
In fact, “the discharge of the defendant is neither necessary [n]or proper when the evidence does support a conviction on a lesser and included offense which was a legislatively authorized responsive verdict.”
State v. Carter 160 So. 3d 647 La. Ct. App. 1st Cir. 2015
In fact, “the discharge of the defendant is neither necessary [n]or proper when the evidence does support a conviction on a lesser and included offense which was a legislatively authorized responsive verdict.”
State of Louisiana v. Tony Garnell Pennywell La. Ct. App. 3d Cir. 2014
State v. Pennywell 139 So. 3d 587 La. Ct. App. 1st Cir. 2014
State of Louisiana v. Joseph Jones La. Ct. App. 3d Cir. 2012
State v. Jones 101 So. 3d 1083 La. Ct. App. 1st Cir. 2012
State v. Christophe 102 So. 3d 935 La. Ct. App. 1st Cir. 2012
State v. Molere 99 So. 3d 1050 La. Ct. App. 1st Cir. 2012
4th 1988); State v. Diggs, 93-0324 (La.App.
State v. Bryant 80 So. 3d 754 La. Ct. App. 2d Cir. 2011
State of Louisiana v. Mason N. Godfrey La. Ct. App. 3d Cir. 2009
State v. Godfrey 4 So. 3d 265 La. Ct. App. 1st Cir. 2009
State v. Shaw 987 So. 2d 398 La. Ct. App. 4th Cir. 2008
See State v. Higgins, 03-1980, p. 18 (La.4/1/05), (discharge of the defendant is neither necessary nor proper when the evidence presented at trial does not support the verdict returned but does support a responsive verdict or lesser included grade of the offense, and La.Code Crim.
State of Louisiana v. Gregory Anderson Coutee La. Ct. App. 3d Cir. 2007
State v. Coutee 970 So. 2d 72 La. Ct. App. 1st Cir. 2007
State v. Higgins 898 So. 2d 1219 La. 2005
However, and La.Code Crim.
State v. Vaughn 879 So. 2d 772 La. Ct. App. 1st Cir. 2004
However, and LSA-C.Cr.P.
State v. Wright 840 So. 2d 1271 La. Ct. App. 2d Cir. 2003
State v. Millien 845 So. 2d 506 La. Ct. App. 1st Cir. 2003
State ex rel. B.L. 839 So. 2d 246 La. Ct. App. 1st Cir. 2003
art. 821(E); -53 (La.1980); State v. Mamon, supra.
State v. Bridgewater 823 So. 2d 877 La. 2002
State v. Davis 819 So. 2d 456 La. Ct. App. 1st Cir. 2002
was cited as authority by this court for the supreme court’s action ordering the trial court to enter a judgment for the lesser included offense of second degree murder where the evidence did not support a conviction of first degree murder, but did support a conviction for second degree murder.
State v. Maxie 773 So. 2d 198 La. Ct. App. 2d Cir. 2000
State v. Bright 776 So. 2d 1134 La. 2000
*1144 However, and La.Code Crim.
State v. Young 764 So. 2d 998 La. Ct. App. 1st Cir. 2000
art. 821(E); -53 (La.1980).
State v. Worachek 743 So. 2d 1269 La. Ct. App. 1st Cir. 1999
State v. Mamon 743 So. 2d 766 La. Ct. App. 4th Cir. 1999
art. 821(E); -53 (La.1980).
State v. Davis 734 So. 2d 896 La. Ct. App. 1st Cir. 1999
State v. Patrick 721 So. 2d 94 La. Ct. App. 2d Cir. 1998
State v. Dunn 709 So. 2d 852 La. Ct. App. 2d Cir. 1998
State v. Ortiz 701 So. 2d 922 La. 1997
State v. Hart 691 So. 2d 651 La. 1997
"the discharge of the defendant is neither necessary or proper when the evidence does support a conviction on a lesser and included offense which was a legislatively authorized responsive verdict."
State v. Robertson 672 So. 2d 391 La. Ct. App. 1st Cir. 1996
State v. Cummings 656 So. 2d 17 La. Ct. App. 1st Cir. 1995
art. 821 E.; -253 (La.1980).
State v. Corvers 646 So. 2d 1125 La. Ct. App. 5th Cir. 1994
State v. Doucet 638 So. 2d 246 La. Ct. App. 3d Cir. 1994