Cited by
Opinions in Louisiana that cite State v. Langendorfer, 389 So. 2d 1271.
- State of Louisiana Versus Noel Austin La. Ct. App. 5th Cir. 2025
- State of Louisiana v. Kevin Robert Sterling La. Ct. App. 4th Cir. 2024
- State of Louisiana v. Carlos M. Smith La. Ct. App. 2d Cir. 2023
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State of Louisiana v. Juan Dedilos Villarreal Gamboa
La. Ct. App. 3d Cir. 2023
In [State v.] MacDonald|, ] and [State v.] Langendorfer[, ], this Court likewise looked beyond the record waiver of constitutional rights in order to determine ‘ Boykin vy.
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State Of Louisiana v. Kyran Javon Vaughn
La. 2023
n here is complicated by the bifurcated appeals that resulted from the State’ s decision to pursue recidivist sentence enhancement during the pendency of the first appeal, we think it sufficient to find Lyles does not apply here because a conviction is a conviction, while this court has consistently found a habitual offender proceeding is “merely part of sentencing.” -77 (La.
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State of Louisiana v. Ladray Bias, Jr.
La. Ct. App. 3d Cir. 2023
om the State’s decision to pursue recidivist sentence enhancement during the pendency of the first appeal, we think it sufficient to find Lyles does not apply here because a conviction is a conviction, while this court has consistently found a habitual offender proceeding is “merely part of sentencing.” - 77 (La.
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State of Louisiana v. Dewayne Sylvester
La. Ct. App. 3d Cir. 2021
om the State’s decision to pursue recidivist sentence enhancement during the pendency of the first appeal, we think it sufficient to find Lyles does not apply here because a conviction is a conviction, while this court has consistently found a habitual offender proceeding is “merely part of sentencing.” - 77 (La.
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La. 2020
ion here is complicated by the bifurcated appeals that resulted from the State’s decision to pursue recidivist sentence enhancement during the pendency of the first appeal, we think it sufficient to find Lyles does not apply here because a conviction is a conviction, while this c ourt has consistently found a habitual offender proceeding is “merely part of sentencing.” – 77 (La.
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State v. Turner
259 So. 3d 1089
La. Ct. App. 1st Cir. 2018
State v. Langendorfer , , 1277 (La.
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George Mason, Jr. v. Deanna Harbison Mason
La. Ct. App. 3d Cir. 2016
6/29/99), (), wherein the supreme court held: “We have previously held that a judge’s ‘slip of the tongue’ is not reversible error.” Thus, Deanna’s case was appropriately dismissed, either by involuntary dismissal or peremptory exception of no cause of action.
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Mason v. Mason
203 So. 3d 519
La. Ct. App. 1st Cir. 2016
6/29/99), (), wherein the supreme court held: “We have previously held that a judge’s ‘slip of the tongue’ is not reversible error.” Thus, Deanna’s case was appropriately dismissed, either by involuntary dismissal or peremptory exception of no cause of action.
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State v. Williams
158 So. 3d 107
La. Ct. App. 1st Cir. 2014
-26 (La.1982); -62 (La.1974); State v. Holloway, 12-0926, p. 3 (La.App.
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State v. Moore
134 So. 3d 1265
La. Ct. App. 2d Cir. 2014
Conclusory statements at trial as to the “rape victim” and the “rape kit ” the Supreme Court held that use of the phrase “rape kit” at the defendant’s trial was not prejudicial.
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State v. Holloway
120 So. 3d 795
La. Ct. App. 1st Cir. 2013
see also, State v. Picot, 98-2194, p. 1 (La.App.
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State of Louisiana v. Marcus Quinn, Sr.
La. Ct. App. 3d Cir. 2010
The fourth circuit reversed the trial court’s ruling, stating the following: It is well-established by the Louisiana jurisprudence that a second multiple bill hearing does not place a defendant in double jeopardy because “[s]uch a proceeding is merely a part of sentencing.”
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State v. Quinn
38 So. 3d 1102
La. Ct. App. 1st Cir. 2010
The fourth circuit reversed the trial court’s ruling, stating the following: It is well-established by the Louisiana jurisprudence that a second multiple bill hearing does not place a defendant in double jeopardy because “[sjuch a proceeding is merely a part of sentencing.”
- State v. Loyden 899 So. 2d 166 La. Ct. App. 3d Cir. 2005
- State of Louisiana v. Booker Earl Loyden La. Ct. App. 3d Cir. 2005
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State v. Davis
834 So. 2d 1170
La. Ct. App. 1st Cir. 2002
However, it is well-settled that double jeopardy does not apply to a multiple offender proceeding because “[s]uch a proceeding is merely a part of sentencing.”
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State v. Boykin
774 So. 2d 1074
La. Ct. App. 2d Cir. 2000
State v. Picot, 98-2194 (La.App.
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Folse v. Folse
738 So. 2d 1040
La. 1999
(where judge's instruction regarding the waiver of Fifth Amendment rights might result in commission up to two years instead of twenty did not invalidate the plea); LaFrance v. Bourgeois, 97-376 (La.App.
- State v. Picot 724 So. 2d 236 La. Ct. App. 4th Cir. 1998
- State v. Ledet 701 So. 2d 1067 La. Ct. App. 5th Cir. 1997
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State v. Boykin
688 So. 2d 1250
La. Ct. App. 2d Cir. 1997
and its progeny, double jeopardy principles are not involved in a second recidivist hearing; but, compare the decision of the U.S. Supreme Court in Lockhart v. Nelson, 488 U.S. 33 , 109 S.Ct.
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State v. Baum
663 So. 2d 285
La. Ct. App. 3d Cir. 1995
the defendant argued that his prior guilty plea should not have been used to enhance his sentence because he was misinformed by the trial judge as to what the maximum sentence was.
- State v. Dean 643 So. 2d 210 La. Ct. App. 1st Cir. 1994
- State v. Carter 630 So. 2d 926 La. Ct. App. 4th Cir. 1993
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State v. Hongo
625 So. 2d 610
La. Ct. App. 3d Cir. 1993
in ruling on the inapplicability of double jeopardy to the habitual offender proceeding stated, "[A] multiple offender proceeding is not the trial of a criminal charge.
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State v. Dorthey
623 So. 2d 1276
La. 1993
State v. Stott, supra ; -1277 (La.1980).
- State v. Banks 612 So. 2d 822 La. Ct. App. 1st Cir. 1992
- State v. Armstead 599 So. 2d 425 La. Ct. App. 1st Cir. 1992
- State v. Dean 588 So. 2d 708 La. Ct. App. 4th Cir. 1991
- State v. Blue 591 So. 2d 1173 La. Ct. App. 1st Cir. 1991
- State v. McFarland 578 So. 2d 1014 La. Ct. App. 4th Cir. 1991
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State v. Scott
566 So. 2d 187
La. Ct. App. 2d Cir. 1990
reviewing an advisement which repeatedly referred to the right "to be confronted by witnesses against you" (emphasis added), our Supreme Court found the requirements of Boykin to have been met.
- State v. Anderson 554 So. 2d 133 La. Ct. App. 2d Cir. 1989
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State v. Bennett
544 So. 2d 661
La. Ct. App. 3d Cir. 1989
and cases cited therein; (La.App.
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State v. Harrison
541 So. 2d 252
La. Ct. App. 1st Cir. 1989
a juror realized during a rape trial that she had taught the rape victim in school.
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State v. Glenn
513 So. 2d 445
La. Ct. App. 2d Cir. 1987
there were two multiple offender hearings.
- State v. Brown 504 So. 2d 639 La. Ct. App. 1st Cir. 1987
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State v. McClinton
492 So. 2d 162
La. Ct. App. 1st Cir. 1986
However, to make permissible his question to establish the possibility the sperm found on the victim’s bedsheets was that of her boyfriend.
- State v. Milton 469 So. 2d 309 La. Ct. App. 2d Cir. 1985
- State v. Easton 463 So. 2d 783 La. Ct. App. 2d Cir. 1985
- State v. Sensley 460 So. 2d 692 La. Ct. App. 1st Cir. 1984
- State v. Jenkins 456 So. 2d 174 La. Ct. App. 2d Cir. 1984
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State v. Miller
449 So. 2d 1361
La. Ct. App. 1st Cir. 1984
as authority for allowing the testimony.
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State v. Vaughn
448 So. 2d 1260
La. 1984
However, there are instances where evidence of prior sexual conduct is admissible.
- State v. Belton 441 So. 2d 1195 La. 1983
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State v. Johnson
442 So. 2d 1141
La. 1983
1620 , 32 L.Ed.2d 152 (1972)
- State v. Joseph 425 So. 2d 1261 La. 1983