Cited by

Opinions in Louisiana that cite State v. Belgard, 410 So. 2d 720.

122 citing documents.

State v. Caples 938 So. 2d 147 La. Ct. App. 1st Cir. 2006
1628 , 32 L.Ed.2d 184 (1972); State v. Shanks, 97-1885, pp. 15-16 (La.App.
State v. Hunter 907 So. 2d 200 La. Ct. App. 2d Cir. 2005
P. art. 841; State v. Wilson, 28,403 (La.App.
State v. Jacobs 904 So. 2d 82 La. Ct. App. 5th Cir. 2005
and State v. Shanks, 97-1885 (La.App.
State v. Elie 899 So. 2d 689 La. Ct. App. 1st Cir. 2005
State v. Moore 877 So. 2d 1027 La. Ct. App. 2d Cir. 2004
P. art. 841; State v. Wilson, 28,403 (La.App.2d Cir.8/21/96), .
State v. Williams 863 So. 2d 652 La. Ct. App. 1st Cir. 2003
State v. Porter 806 So. 2d 64 La. Ct. App. 1st Cir. 2001
Also, in another post-Williamson decision, the trial court gave an instruction to the jury from which it could have inferred that proof of specific intent to “create” great bodily harm was sufficient to convict the defendant of attempted second degree murder.
State v. Young 757 So. 2d 797 La. Ct. App. 5th Cir. 2000
(on rehearing) (Williamson "should not be construed as authorizing appellate review of every alleged constitutional violation and erroneous jury instruction urged on appeal without timely objection at occurrence."); see also [ State v. ]Belgard, (to preserve issue of erroneous instruction on elements of attempted second degree murder, defendant must have objected to the charge at trial).
State v. Howard 751 So. 2d 783 La. 1999
1984); , *798 681 (La.1982)
State v. LeBlanc 719 So. 2d 592 La. Ct. App. 4th Cir. 1998
Also, in another post- Williamson decision, the trial court gave an instruction to the jury from which it could have inferred that proof of specific intent to "create" great bodily harm was sufficient to convict the defendant of attempted second degree murder.
State v. Shanks 715 So. 2d 157 La. Ct. App. 1st Cir. 1998
and cases cited therein.
State v. Brazley 703 So. 2d 87 La. Ct. App. 1st Cir. 1997
the Court held that this prohibition does not include statements considered to be res gestae.
State v. Snyder 700 So. 2d 1082 La. Ct. App. 5th Cir. 1997
The Louisiana Supreme Court was presented with a challenge to a (La.
State v. Koon 704 So. 2d 756 La. 1997
ven that jurors were correctly charged and that it was possible to conclude that the error "was not so dominant that the jurors could not adhere to their charged duty to accept and to apply the law as given by the court.") (prosecutor's erroneous statement of law on intent at closing argument cured by requested admonition); -725 (La.1982) (prosecutor's erroneous statement of law on intent at voir dire cured by requested admonition and correct instruction); -703 (La.1981) (prosecutor's erroneous
State v. Craig 699 So. 2d 865 La. 1997
State v. Milligan 685 So. 2d 1127 La. Ct. App. 2d Cir. 1996
State v. Roy 681 So. 2d 1230 La. 1996
(district attorney's erroneous statement of the law on intent at closing argument cured by requested admonition); (district attorney's erroneous statement of the law on intent at voir dire cured by requested admonition and correct instruction); -03 (La.1981) (district attorney's erroneous statement of the law on intent at closing argument cured by requested admonition and correct
State v. Bolden 680 So. 2d 6 La. Ct. App. 3d Cir. 1996
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)
State v. Beason 653 So. 2d 1274 La. Ct. App. 2d Cir. 1995
State v. Jynes 652 So. 2d 91 La. Ct. App. 5th Cir. 1995
Notwithstanding the holdings in [ State v. ] Belgard [ ] [(La.1982)], [ State v. ] Thomas [ ] [(La.1982)], and [ State v. ] Latiolais [ ] [(La.App.
State v. Slang 646 So. 2d 1037 La. Ct. App. 5th Cir. 1994
State v. Harris 643 So. 2d 779 La. Ct. App. 2d Cir. 1994
that absent a contemporaneous objection, a defendant may not complain of an erroneous charge to the jury.
State v. Pyke 640 So. 2d 460 La. Ct. App. 3d Cir. 1994
defendant was convicted of attempted second-degree murder.
State v. Holmes 620 So. 2d 436 La. Ct. App. 3d Cir. 1993
State v. Sumlin 617 So. 2d 225 La. Ct. App. 5th Cir. 1993
3rd Cir.1989) (reversed on other grounds)
State v. Salone 605 So. 2d 229 La. Ct. App. 2d Cir. 1992
State v. Camp 580 So. 2d 957 La. Ct. App. 5th Cir. 1991
State v. Madison, supra ; (La.
State v. Rubin 559 So. 2d 550 La. Ct. App. 2d Cir. 1990
State v. Conway 556 So. 2d 1323 La. Ct. App. 3d Cir. 1990
that: "In Johnson v. Louisiana, 406 U.S. 356 , 92 S.Ct.
State v. Worthen 550 So. 2d 399 La. Ct. App. 3d Cir. 1989
State v. Walker 540 So. 2d 1059 La. Ct. App. 2d Cir. 1989
State v. Saddler 538 So. 2d 1073 La. Ct. App. 1st Cir. 1989
State v. Rexrode 536 So. 2d 671 La. Ct. App. 3d Cir. 1988
State v. Caillouet 528 So. 2d 1108 La. Ct. App. 1st Cir. 1988
State v. Wascom 524 So. 2d 1342 La. Ct. App. 1st Cir. 1988
State v. Deville 524 So. 2d 1334 La. Ct. App. 1st Cir. 1988
State v. Hodges 526 So. 2d 1275 La. Ct. App. 3d Cir. 1988
State v. Thibodeaux 509 So. 2d 800 La. Ct. App. 1st Cir. 1987
State v. Carey 506 So. 2d 813 La. Ct. App. 1st Cir. 1987
and cases cited therein.
State v. Simms 505 So. 2d 981 La. Ct. App. 3d Cir. 1987
State v. Obney 505 So. 2d 211 La. Ct. App. 3d Cir. 1987
State v. Zihlavsky 505 So. 2d 761 La. Ct. App. 2d Cir. 1987
State v. Johnson 492 So. 2d 145 La. Ct. App. 1st Cir. 1986
State v. Nogess 490 So. 2d 488 La. Ct. App. 1st Cir. 1986
State v. Miller 489 So. 2d 268 La. Ct. App. 4th Cir. 1986
State v. Collatt 477 So. 2d 177 La. Ct. App. 3d Cir. 1985
State v. Fuselier 474 So. 2d 556 La. Ct. App. 3d Cir. 1985
State v. Collier 474 So. 2d 529 La. Ct. App. 3d Cir. 1985
State v. Smith 471 So. 2d 829 La. Ct. App. 2d Cir. 1985