Cited by
Opinions in Louisiana that cite State v. Taylor, 410 So. 2d 224.
- State Of Louisiana v. Henry Taylor La. 2025
- State v. Harris 968 So. 2d 187 La. Ct. App. 5th Cir. 2007
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State v. Hall
647 So. 2d 453
La. Ct. App. 2d Cir. 1994
the court approved an instruction which defined reasonable doubt as "a reasonable one, that is, one founded upon a real, tangible, substantial basis, and not upon mere caprice, fancy or conjecture."
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State v. Thomas
637 So. 2d 1272
La. Ct. App. 4th Cir. 1994
(upholding Cage instruction).
- Criticized State v. Wolfe 630 So. 2d 872 La. Ct. App. 4th Cir. 1993
- State v. Barker 628 So. 2d 168 La. Ct. App. 2d Cir. 1993
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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.”
- State v. Evans 627 So. 2d 664 La. Ct. App. 2d Cir. 1993
- State v. Montegut 618 So. 2d 883 La. Ct. App. 4th Cir. 1993
- State Ex Rel. Taylor v. Whitley 606 So. 2d 1292 La. 1992
- State v. Harrison 588 So. 2d 771 La. Ct. App. 4th Cir. 1991
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State v. Jones
582 So. 2d 973
La. Ct. App. 1st Cir. 1991
Because the present jury charge defines the term “reasonable doubt” so reasonable persons of ordinary intelligence would have no problem understanding that phrase, this assignment of error has no merit.
- State v. West 568 So. 2d 1019 La. 1990
- Overruled State v. Cage 554 So. 2d 39 La. 1989
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Distinguished
State v. West
552 So. 2d 478
La. Ct. App. 4th Cir. 1989
[4] *481 The entire instruction does, however, (La.
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State v. Humphrey
544 So. 2d 1188
La. Ct. App. 5th Cir. 1989
Nevertheless, ("grave uncertainty" and "moral certainty"); (La.App.
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State ex rel. Hayes
536 So. 2d 1294
La. Ct. App. 1st Cir. 1988
a reasonable doubt was defined as follows: A reasonable doubt is not a mere possible doubt.
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State v. Flank
537 So. 2d 236
La. Ct. App. 4th Cir. 1988
94 , 102 L.Ed.2d 70 (1988)
- State v. Messiah 538 So. 2d 175 La. 1988
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State v. Washington
522 So. 2d 628
La. Ct. App. 1st Cir. 1988
However, the Supreme Court upheld a lengthy jury charge that, taken as a whole, presented no problems for persons of ordinary intelligence to understand the definition of reasonable doubt.
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State v. Washington
522 So. 2d 628
La. Ct. App. 4th Cir. 1988
However, the Supreme Court upheld a lengthy jury charge that, taken as a whole, presented no problems for persons of ordinary intelligence to understand the definition of reasonable doubt.
- State v. Grant 517 So. 2d 1151 La. Ct. App. 5th Cir. 1987
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State v. Holmes
516 So. 2d 184
La. Ct. App. 4th Cir. 1987
A jury charge is permissible if "reasonable persons of ordinary intelligence would have no problem in understanding the definition of `reasonable doubt.'"
- State v. Williams 492 So. 2d 1268 La. Ct. App. 1st Cir. 1986
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State v. Miller
489 So. 2d 268
La. Ct. App. 4th Cir. 1986
[2] a similar charge, which defined reasonable doubt as "a doubt as would give rise to a grave uncertainty" was held not to be erroneous or prejudicial.
- State v. Augustine 482 So. 2d 150 La. Ct. App. 4th Cir. 1986
- Succession of Riggio 468 So. 2d 1279 La. Ct. App. 1st Cir. 1985
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State v. Rodney
459 So. 2d 669
La. Ct. App. 4th Cir. 1984
decided shortly before McDaniel .
- State v. Johnson 458 So. 2d 937 La. Ct. App. 1st Cir. 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.
- State v. Ester 436 So. 2d 543 La. 1983