Cited by
Opinions in Louisiana that cite State v. Cushenberry, 407 So. 2d 700.
- State of Louisiana Versus Alexsy Mejia La. Ct. App. 5th Cir. 2023
- State of Louisiana Versus Lanard A. Lavigne La. Ct. App. 5th Cir. 2023
- State of Louisiana v. Bruce L. Lachney La. Ct. App. 3d Cir. 2021
- State of Louisiana v. Emile Richard -Aka- Emile Joseph Richard La. Ct. App. 3d Cir. 2020
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State of Louisiana v. Anthony Jack -Aka- Anthony Kwonskiee Jack
La. Ct. App. 3d Cir. 2018
(wherein the supreme court concluded that the prospective “juror’s comment was less than overwhelming and would not have influenced any other juror even if it was heard” after the prospective juror stated during voir dire that she had been a robbery victim and that the defendant resembled the person
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State v. Jack
244 So. 3d 561
La. Ct. App. 1st Cir. 2018
See also State v. Cushenberry , , 702 (La.1981) (wherein the supreme court concluded that the prospective "juror's comment was less than overwhelming and would not have influenced any other juror even if it was heard" after the prospective juror stated during voir dire that she had been a robbery victim and that the defendant resembled the person th
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State of Louisiana v. Kearney Alsandor
La. Ct. App. 3d Cir. 2007
“A trial court need not order a new trial [or dismiss a jury panel] absent a showing that comments made by a prospective juror affected other jurors or prejudiced Defendant.” Carmouche, 2001-0405 p. 20, 872 So.2d at 1035; -702 (La.1981)
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State v. ALSANDOR
970 So. 2d 113
La. Ct. App. 3d Cir. 2007
Carmouche , XXXX-XXXX p. 20, 872 So.2d at 1035 ; -702 (La.1981)
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State v. Weary
931 So. 2d 297
La. 2006
Carmouche , XXXX-XXXX p. 20, 872 So.2d at 1035 ; -702 (La.1981)
- State v. Price 917 So. 2d 1201 La. Ct. App. 2d Cir. 2005
- State v. Anderson 889 So. 2d 1237 La. Ct. App. 2d Cir. 2004
- State v. Carmouche 872 So. 2d 1020 La. 2003
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State v. Brown
793 So. 2d 422
La. Ct. App. 1st Cir. 2001
The standard to judge whether a mistrial should have been granted is whether the defendant “suffers such substantial prejudice that he has been deprived of any reasonable expectation of a fair trial.” State v. Smith, 433 So.2d at 696
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State v. Cotton
687 So. 2d 1074
La. Ct. App. 2d Cir. 1997
in which the supreme court held that a statement by a prospective juror that the defendant looked similar to a person who had robbed her was not prejudicial and did not have an impact on the other prospective jurors.
- State v. Mamon 648 So. 2d 1347 La. Ct. App. 2d Cir. 1994
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State v. Johnson
648 So. 2d 43
La. Ct. App. 4th Cir. 1994
State v. Smith, supra, 433 So.2d at 696
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State v. McPherson
630 So. 2d 935
La. Ct. App. 4th Cir. 1993
the Louisiana Supreme Court upheld the trial court's ruling denying the defendant's motion for mistrial based upon statements made by a prospective juror.
- State v. Stills 600 So. 2d 134 La. Ct. App. 2d Cir. 1992
- State v. White 593 So. 2d 882 La. Ct. App. 2d Cir. 1992
- State v. White 593 So. 2d 882 La. Ct. App. 2d Cir. 1992
- State v. Womack 592 So. 2d 872 La. Ct. App. 2d Cir. 1991
- State v. Guy 575 So. 2d 429 La. Ct. App. 4th Cir. 1991
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State v. O'Banion
570 So. 2d 556
La. Ct. App. 1st Cir. 1990
The standard to judge whether a mistrial should have been granted is whether the defendant “suffers such substantial prejudice that he has been deprived of any reasonable expectation of a fair trial.” State *560 v. Smith, supra at 696
- State v. Hearold 567 So. 2d 132 La. Ct. App. 2d Cir. 1990
- State v. Ritchie 556 So. 2d 651 La. Ct. App. 2d Cir. 1990
- State v. Hall 549 So. 2d 373 La. Ct. App. 2d Cir. 1989
- State v. Moore 534 So. 2d 1275 La. Ct. App. 4th Cir. 1988
- State v. Delahoussaye 534 So. 2d 76 La. Ct. App. 1st Cir. 1988
- State v. Douget 507 So. 2d 283 La. Ct. App. 3d Cir. 1987
- State v. Blankenship 496 So. 2d 636 La. Ct. App. 1st Cir. 1986
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State v. Dean
487 So. 2d 709
La. Ct. App. 5th Cir. 1986
Under these circumstances, the question complained of here, that Dean was a "dope peddler", shows Dean doing just what he admitted from the stand, and as the trial court observed, is not so strongly prejudicial as to establish grounds for a mistrial, (La.
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State v. Green
478 So. 2d 583
La. Ct. App. 2d Cir. 1985
are inapposite because they refer to remarks made by someone other than a court official.
- State v. Chairs 466 So. 2d 647 La. Ct. App. 1st Cir. 1985
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State v. Henry
439 So. 2d 1242
La. Ct. App. 5th Cir. 1983
held that "[e]xcept in instances in which a mistrial is mandatory, it is warranted only when trial error results in substantial prejudice to the defendant depriving him of a fair trial.
- State v. Mayberry 443 So. 2d 785 La. Ct. App. 1st Cir. 1983
- State v. Craddock 435 So. 2d 1110 La. Ct. App. 1st Cir. 1983
- State v. Smith 433 So. 2d 688 La. 1983
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State v. Simmons
443 So. 2d 512
La. 1983
770; [6] State *518 v. Cushenberry