Cited by
Opinions in Louisiana that cite State v. Stramiello, 392 So. 2d 425.
- State v. Desoto 968 So. 2d 146 La. Ct. App. 3d Cir. 2007
- State of Louisiana v. Jake C. Desoto La. Ct. App. 3d Cir. 2007
- State v. Phillips 853 So. 2d 675 La. Ct. App. 4th Cir. 2003
- State v. Joseph 854 So. 2d 914 La. Ct. App. 3d Cir. 2003
- State v. Dunn 831 So. 2d 862 La. 2002
- State v. Cosey 779 So. 2d 675 La. 2000
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State v. Thomas
665 So. 2d 629
La. Ct. App. 2d Cir. 1995
NOTES [1] Other cases where appellate review of erroneous jury instructions were refused due to the absence of a contemporaneous objection were: (1) an alleged erroneous definition of the crime of conviction, (2) an instruction allegedly containing a prohibited presumption, (3) an alleged erroneous instruction on the element of intent, State v. Walters, 25,587 (La.App.2d Cir. 1/19/94), ; and (4) an alleged erroneous instruction on reasonable doubt, St
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State v. Sam
623 So. 2d 1
La. Ct. App. 4th Cir. 1993
The holdings in these cases were diluted later by reference to several prior cases in which the court reviewed such instructions “as a whole ” to determine whether reasonable persons of ordinary intelligence would understand the definition of “reasonable doubt.”
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Criticized
State Ex Rel. Taylor v. Whitley
606 So. 2d 1292
La. 1992
we found an instruction using the phrase "grave uncertainty" in a reasonable doubt instruction was "neither erroneous nor prejudicial" when the charge was considered in its entirety.
- State v. Salone 605 So. 2d 229 La. Ct. App. 2d Cir. 1992
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State v. Mosby
595 So. 2d 1135
La. 1992
State v. Vaughn, supra; C. Torcia, Wharton's Criminal Evidence § 134, at 575-77 (14th Ed.1985).
- State v. Potter 591 So. 2d 1166 La. 1991
- State v. Caston 561 So. 2d 941 La. Ct. App. 2d Cir. 1990
- State v. Burrell 561 So. 2d 692 La. 1990
- Overruled State v. Cage 554 So. 2d 39 La. 1989
- State v. Patrick 513 So. 2d 449 La. Ct. App. 2d Cir. 1987
- State v. Williams 492 So. 2d 1268 La. Ct. App. 1st Cir. 1986
- State v. Miller 489 So. 2d 268 La. Ct. App. 4th Cir. 1986
- State v. Wallace 484 So. 2d 908 La. Ct. App. 1st Cir. 1986
- State v. Green 484 So. 2d 698 La. Ct. App. 1st Cir. 1985
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State v. Hardeman
467 So. 2d 1163
La. Ct. App. 2d Cir. 1985
State v. Sanders, supra.
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State v. Jackson
450 So. 2d 621
La. 1984
289 , 70 L.Ed.2d 139 (1981)
- State v. Price 447 So. 2d 109 La. Ct. App. 1st Cir. 1984
- State v. Freeman 447 So. 2d 1145 La. Ct. App. 3d Cir. 1984
- State v. Pelt 448 So. 2d 1294 La. 1984
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State v. Moore
439 So. 2d 1178
La. Ct. App. 4th Cir. 1983
the charge to the jury defined "reasonable doubt" as one which would "give rise to a grave uncertainty", and in each case, the Louisiana Supreme Court held that the charge was not erroneous or prejudicial.
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Nolen v. Union Carbide Corp.
432 So. 2d 302
La. Ct. App. 1st Cir. 1983
The Supreme Court of Louisiana, stated: “A trial judge’s determination regarding the relevancy of offered testimony is entitled to great weight and should not be overturned absent a clear abuse of discretion.” Here, there was no misuse of discretion in the three complained-of rulings.
- State v. Vaughn 431 So. 2d 358 La. 1983
- State v. Clayton 427 So. 2d 827 La. 1983
- State v. Edwards 420 So. 2d 663 La. 1982
- State Ex Rel. Ross v. Blackburn 403 So. 2d 719 La. 1981
- State v. Bates 397 So. 2d 1331 La. 1981