Cited by
Opinions in Louisiana that cite State v. Goodley, 423 So. 2d 648.
- State Of Louisiana v. Donald Ray Link La. 2024
- State of Louisiana Versus Frederick Seymore, Jr. La. Ct. App. 5th Cir. 2023
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State Of Louisiana v. Ronald Gasser
La. 2022
9 8 the invalidity of the verdict under Ramos, and a discussion of whether the State was collaterally estopped from charging the defendant with aggravated obstruction of a highway at his retrial.
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State of Louisiana Versus Ronald Gasser
La. Ct. App. 5th Cir. 2021
art. 598(A) provides: “When a person is found guilty of a lesser degree of the offense charged, the verdict or judgment of the court is an acquittal of all greater offenses charged in the indictment and the defendant cannot thereafter be tried for those offenses on a new trial.” (La.
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State Of Louisiana v. Michael Hawk
La. Ct. App. 1st Cir. 2021
Const, art. I, § 19; - 52 La.
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State of Louisiana v. Cody Nicholas Davis
La. Ct. App. 3d Cir. 2021
the supreme court reasoned that an illegal verdict is equivalent to no verdict, either of conviction or acquittal.
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State of Louisiana v. MacHell Rodgers
La. Ct. App. 3d Cir. 2021
the supreme court held that a “non-waivable defect, such as an illegal verdict, prevents a jury from delivering either a conviction or acquittal[.]” The court went on to state that an illegal verdict at a defendant’s first trial will not support a plea of double jeopardy barring a re-trial.
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State of Louisiana v. Donald Broussard
La. Ct. App. 3d Cir. 2021
the supreme court held that when a “non-waivable defect, such as an illegal verdict, prevents a jury from delivering either a conviction or acquittal at a defendant’s first trial, that defendant cannot avail 3 himself of the plea of double jeopardy.” The
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State v. Serigne
193 So. 3d 297
La. Ct. App. 1st Cir. 2016
See State v. Davenport, 13-1859, p. 20 (La.5/7/14), ().
- State v. Greene 109 So. 3d 370 La. 2013
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State of Louisiana v. Edras Brown
La. Ct. App. 3d Cir. 2012
914(A) provides in part that “[a] motion for an appeal may be made orally in open court or by filing a written motion with the clerk.” We have repeatedly emphasized that this article “should be construed liberally to effectuate a defendant’s constitutional right of appeal in Louisiana.” State v. Murphy, 07-2032 (La.2/22/08), ().
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State v. Brown
104 So. 3d 646
La. Ct. App. 1st Cir. 2012
art. 914(A) provides in part that “[a] motion for an appeal may be made orally in open court or by filing a written motion with the clerk.” We have repeatedly emphasized that this article “should be construed liberally to effectuate a defendant’s constitutional right of appeal in Louisiana.” State v. Murphy, 07-2032 (La.2/22/08), ().
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State of Louisiana v. Tyrone A. Murray
La. Ct. App. 3d Cir. 2012
914(A) provides in part that “[a] motion for an appeal may be made orally in open court or by filing a written motion with the clerk.” We have repeatedly emphasized that this article “should be construed liberally to effectuate a defendant’s constitutional right of appeal in Louisiana.” State v. Murphy, 07-2032 (La.2/22/08), ().
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State v. Murray
92 So. 3d 591
La. Ct. App. 1st Cir. 2012
art. 914(A) provides in part that “[a] motion for an appeal may be made orally in open court or by filing a written motion with the clerk.” We have repeatedly emphasized that this article “should be construed liberally to effectuate a defendant’s constitutional right of appeal in Louisiana.” State v. Murphy, 07-2032 (La.2/22/08), ().
- State of Louisiana v. Marcus Quinn, Sr. La. Ct. App. 3d Cir. 2010
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State v. Quinn
38 So. 3d 1102
La. Ct. App. 1st Cir. 2010
493 , 169 L.Ed.2d 368 (2007)
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State v. Means
32 So. 3d 805
La. 2010
art. 914(A) provides in part that “[a] motion for an appeal may be made orally in open court or by filing a written motion with the clerk.” We have repeatedly emphasized that this article “should be construed liberally to effectuate a defendant’s constitutional right of appeal in Louisiana.” State v. Murphy, 07-2032 (La.2/22/08), ().
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State v. Murphy
974 So. 2d 1290
La. 2008
Const. art. I, § 19; ("Appeals have always been favored in the law of this state.") (citation omitted).
- State v. Crandell 924 So. 2d 122 La. 2006
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State of Louisiana v. Ricky J. Langley
La. Ct. App. 3d Cir. 2004
wherein it was determined that an illegally obtained manslaughter verdict did not bar retrial for first degree murder based on double jeopardy.
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State v. Langley
896 So. 2d 200
La. Ct. App. 3d Cir. 2004
wherein it was determined that an illegally obtained manslaughter verdict did not bar retrial for first degree murder based on double jeopardy.
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State v. Smith
815 So. 2d 412
La. Ct. App. 2d Cir. 2002
*424 2d Cir., 1983) , (La.1982).
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State v. Williams
800 So. 2d 790
La. 2001
297 (La.1985) (holding that an appellate court may not correct an illegally lenient sentence by imposing a two-year firearm enhancement penalty when the defendant was not charged with its violation, even if the law is stated in mandatory terms); ( per curiam ) (stating that "[i]ncreasing a lawful sentence chills the right to appeal."); -652 (La.
- State v. Norman 799 So. 2d 619 La. Ct. App. 2d Cir. 2001
- State v. Self 772 So. 2d 337 La. Ct. App. 3d Cir. 2000
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State v. Sneed
571 So. 2d 735
La. Ct. App. 2d Cir. 1990
The defendants in the instant case, Bobby Ray Sneed and Eugene Wright, were granted post-conviction relief in 1986 appeal after remand
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State v. Mayeux
526 So. 2d 1243
La. Ct. App. 3d Cir. 1988
and United States v. Jorn, 400 U.S. 470 , 91 S.Ct.
- State v. Ruff 504 So. 2d 72 La. Ct. App. 2d Cir. 1987
- State v. Mayeux 498 So. 2d 701 La. 1986
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State v. Counterman
461 So. 2d 664
La. Ct. App. 1st Cir. 1984
[2] The complete remarks of Delegate Avant are found in 6 Records of the Louisiana Constitutional Convention of 1973: Convention, Transcripts p. 1133 for September 6, 1973, and are attached hereto as Appendix A. [3] It should be noted that the Simmons and Marcell interpretation of Article I, § 19
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State v. Jackson
452 So. 2d 682
La. 1984
Unfortunately, although the import of the ruling was very clear, this court cited the wrong Goodley decision, the correct citation being