Cited by
Opinions in Louisiana that cite State v. MacK, 403 So. 2d 8.
- State of Louisiana v. Dionte Bracken La. 2025
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State Of Louisiana v. David Brown
La. 2022
1976) (accused did not waive his right to complain, in regard to trial judge’s refusal to give accused’s requested special charge, by failing to object to such refusal before jury retired to deliberate); See also, n.1 (La.
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State v. Corley
703 So. 2d 653
La. Ct. App. 3d Cir. 1997
The case relied on by the defendant, held that the reading of the exact language of Article 804 was mandatory.
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State v. Ford
694 So. 2d 917
La. 1997
-29 (La.1985); -10 (La.1981); State v. Smith, 91-0749 (La.
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State v. Callahan
655 So. 2d 608
La. Ct. App. 2d Cir. 1995
Defendant contends that his objection, lodged after the charges were read and the jury retired, to support his contention.
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Distinguished
State v. Walker
637 So. 2d 583
La. Ct. App. 2d Cir. 1994
In our view, holding that a complaint directed at the general charge is timely immediately following the jury's retirement, if no earlier opportunity to object has been afforded.
- State v. Shelton 621 So. 2d 769 La. 1993
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State v. Sam
623 So. 2d 1
La. Ct. App. 4th Cir. 1993
His trial occurred in September, 1984, nearly one year after finality of the State Supreme Court’s
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State Ex Rel. Taylor v. Whitley
606 So. 2d 1292
La. 1992
We reversed McDaniel's conviction and sentence based upon both the reasonable doubt language, and upon a portion of the charge that prohibited the jury from going beyond the evidence to seek doubts upon which to acquit the defendant, a
- State v. Johnson 598 So. 2d 1288 La. Ct. App. 1st Cir. 1992
- State v. Wright 598 So. 2d 493 La. Ct. App. 2d Cir. 1992
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State v. Sullivan
596 So. 2d 177
La. 1992
Although this court at one time consistently reversed convictions based on the type of incorrect reasonable doubt instruction given to the jury in this case, State v. Moffett, 127 La.
- State v. Desmond 593 So. 2d 965 La. Ct. App. 4th Cir. 1992
- State v. Isgitt 590 So. 2d 763 La. Ct. App. 3d Cir. 1991
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State v. Banta
589 So. 2d 1088
La. Ct. App. 1st Cir. 1991
328, 329-330 , 112 L.Ed.2d 339 (1990), the jury charge was constitutionally defective.
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State v. Cage
583 So. 2d 1125
La. 1991
[s]uch an instruction constitutes reversible error".); (an instruction on reasonable doubt directing the jury that reasonable doubt "must be such a doubt that would give rise to a great uncertainty" and that "it must be one that would make you feel *1138 morally uncertain as to the defendant's guilt" constituted reversible error); ("we decline to sanction jury instructions which substitute misleading and unclear statement for the direct statutory language of C.Cr.P.
- State v. Walker 577 So. 2d 770 La. Ct. App. 2d Cir. 1991
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State v. Lard
568 So. 2d 629
La. Ct. App. 2d Cir. 1990
157 , 66 L.Ed.2d 72 (1980), rev'd on other grounds
- State v. Holland 544 So. 2d 461 La. Ct. App. 2d Cir. 1989
- State v. Foster 541 So. 2d 238 La. Ct. App. 1st Cir. 1989
- State v. Butters 527 So. 2d 1023 La. Ct. App. 1st Cir. 1988
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State v. Washington
522 So. 2d 628
La. Ct. App. 1st Cir. 1988
The court may, but is not required to define “the presumption of innocence” or “reasonable doubt” or give any other or further charge upon the same than that contained in this article.” Formerly, (La.
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State v. Washington
522 So. 2d 628
La. Ct. App. 4th Cir. 1988
Formerly, the Supreme Court required that the exact words of LSA-C.Cr.P.
- State v. Foster 510 So. 2d 717 La. Ct. App. 1st Cir. 1987
- State v. Wade 508 So. 2d 114 La. Ct. App. 1st Cir. 1987
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State v. Williams
492 So. 2d 1268
La. Ct. App. 1st Cir. 1986
*1271 wherein the court mandated a reading of La.C.Cr.P.
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State v. Smith
491 So. 2d 641
La. 1986
art. 770; (3) whether, taken as a whole, the final charge to the jury erroneously instructed the jury that it could not go beyond the evidence to find a reasonable doubt
- State v. Hardeman 467 So. 2d 1163 La. Ct. App. 2d Cir. 1985
- State v. Simms 465 So. 2d 769 La. Ct. App. 5th Cir. 1985
- State v. Vessell 450 So. 2d 938 La. 1984
- State v. Adams 446 So. 2d 355 La. Ct. App. 3d Cir. 1984
- State v. Clark 446 So. 2d 293 La. 1984
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State v. Rault
445 So. 2d 1203
La. 1984
Jury Instructions, pp. 1-2) stated that Article 804 must be read to the jury.
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State v. Simmons
443 So. 2d 512
La. 1983
Specifically, defendant argues, that the trial court failed to instruct the jury that it should consider the lack of evidence as well as the sufficiency of the evidence in giving the defendant the benefit of every reasonable doubt.
- State v. Legro 410 So. 2d 1063 La. 1982
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State v. McDaniel
410 So. 2d 754
La. 1982
*757 : "A correct understanding of reasonable doubt is essential in every criminal jury trial.
- State v. McDermitt 406 So. 2d 195 La. 1981
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State v. Lindsey
404 So. 2d 466
La. 1981
on original hearing (rehearing application pending on the instant issue).