Cited by
Opinions in Louisiana that cite State v. White, 450 So. 2d 648.
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State of Louisiana v. Elvin Bryant Jinks, Jr. -Aka- Elvin Jinks
La. Ct. App. 3d Cir. 2019
art. 105 (“When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.”)
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State v. Jinks
267 So. 3d 688
La. Ct. App. 1st Cir. 2019
art. 105 ("When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly."); , 651 (La.1984).
- State v. Smith 868 So. 2d 794 La. Ct. App. 1st Cir. 2003
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State v. Morgan
842 So. 2d 1126
La. Ct. App. 1st Cir. 2003
Defense counsel urged the motion following the testimony of the sergeant, arguing that his testimony at the conclusion of the state’s direct examination constituted giving an opinion on an ultimate issue of guilt, the intent to distribute
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State v. Ducre
827 So. 2d 1120
La. 2002
Although the court of appeal rested its decision on jurisprudence in this Court precluding expert testimony tantamount to an opinion that the defendant is guilty of the crime charged, -51 (La.
- State v. Ducre 809 So. 2d 1033 La. Ct. App. 1st Cir. 2001
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State v. Johnson
780 So. 2d 403
La. Ct. App. 1st Cir. 2000
The defendant argues that this testimony constituted giving an opinion on an ultimate issue of guilt, the intent to distribute, (La.App.
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State v. Owunta
761 So. 2d 528
La. 2000
art. 105 ("When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its *531 proper scope and instruct the jury accordingly.")
- State v. Hollins 742 So. 2d 671 La. Ct. App. 5th Cir. 1999
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State v. Cousin
710 So. 2d 1065
La. 1998
State v. Williams, 258 La.
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State v. Trahan
637 So. 2d 694
La. Ct. App. 1st Cir. 1994
Montana, 421 So.2d at 899-900 ; Wheeler, 416 So.2d at 81-82 .
- State v. Jackson 629 So. 2d 1374 La. Ct. App. 2d Cir. 1993
- State v. Jackson 629 So. 2d 1374 La. Ct. App. 2d Cir. 1993
- State v. Code 627 So. 2d 1373 La. 1993
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State v. Lions
624 So. 2d 436
La. Ct. App. 5th Cir. 1993
a drug distribution conviction was reversed because the expert police officer did testify directly about the defendant's guilt and did thereby usurp the jury's function as finders of facts.
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State v. Daniels
614 So. 2d 97
La. Ct. App. 2d Cir. 1993
e condemns the use of hypothetical questions which parallel the actual fact situation of the case when the prosecutor gets the expert witness to give an opinion that the person described "would be involved in the distribution of marijuana," or an opinion that the person described "would be there for the purpose of selling or distributing,"
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State v. Raiford
600 So. 2d 924
La. Ct. App. 4th Cir. 1992
The defendant argues that this testimony constituted giving an opinion on an ultimate issue of guilt, the intent to distribute, (La.App.
- State v. Evans 593 So. 2d 900 La. Ct. App. 4th Cir. 1992
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State v. Bosworth
593 So. 2d 1356
La. Ct. App. 4th Cir. 1992
In Wheeler, Montana, the defendant was convicted of possession with intent to distribute drugs.
- State v. Green 590 So. 2d 825 La. Ct. App. 1st Cir. 1991
- State v. Mitchell 572 So. 2d 800 La. Ct. App. 4th Cir. 1990
- State v. Tassin 536 So. 2d 402 La. 1988
- State v. Mims 524 So. 2d 526 La. Ct. App. 2d Cir. 1988
- State v. Johnson 514 So. 2d 684 La. Ct. App. 2d Cir. 1987
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State v. Jefferson
511 So. 2d 794
La. Ct. App. 1st Cir. 1987
Similarly, the Supreme Court found that an answer to a hypothetical question was in fact an expression of opinion as to the defendant’s guilt, and reversed the conviction.
- State v. Freeman 503 So. 2d 501 La. Ct. App. 4th Cir. 1987
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State v. Barbre
499 So. 2d 1324
La. Ct. App. 3d Cir. 1986
a heroin distribution case, the Louisiana Supreme Court stated the following: "Clearly, an expert in drug distribution can give his opinion as to practices about which the average juror would have no competence.
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State v. Valentine
496 So. 2d 378
La. Ct. App. 4th Cir. 1986
Such an expert, however, cannot give his opinion on the ultimate issue of the defendant's guilt or respond that an individual is or is not distributing drugs in a hypothetical question paralleling the actual fact situation before the court.
- State v. Sams 487 So. 2d 479 La. Ct. App. 1st Cir. 1986
- State v. Rushing 464 So. 2d 268 La. 1985
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State v. Dabney
452 So. 2d 775
La. Ct. App. 4th Cir. 1984
1982), (1984), the Louisiana Supreme Court condemned the use of such testimony as a usurpation of the jury's function.