Cited by
Opinions in Louisiana that cite State v. Henry, 449 So. 2d 486.
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State v. Youngblood
274 So. 3d 716
La. Ct. App. 1st Cir. 2019
State v. Henry , , 488-89 (La.
- State of Louisiana Versus Ron C. Youngblood La. Ct. App. 5th Cir. 2019
- State of Louisiana v. Robert Leroy McCoy 218 So. 3d 535 La. 2016
- State v. Eley 203 So. 3d 462 La. Ct. App. 1st Cir. 2016
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State v. Berroa-Reyes
109 So. 3d 487
La. Ct. App. 1st Cir. 2013
5 Cir.1994), writ denied, 94-3144 (La.9/1/95), , ( where the court found that counsel’s failure to state the ground of his objection with specificity prevented him from raising the issue on appeal).
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State v. Franklin
87 So. 3d 860
La. Ct. App. 1st Cir. 2011
5 Cir. 1994), writ denied, 94-3144 (La.9/1/95), , ( where the court found that counsel’s failure to state the ground of his objection with specificity prevented him from raising the issue on appeal).
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State v. JVF
47 So. 3d 1
La. Ct. App. 3d Cir. 2010
5 Cir.1983), aff'd, the court held that a juvenile victim's testimony, when supported by a medical exam, is sufficient to support a defendant's conviction for aggravated rape: The testimony of the young victim, though phrased in childish terminology, was quite explicit on this point, and constitutes direct evidence.
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State of Louisiana v. J. v. F.
La. Ct. App. 3d Cir. 2010
5 Cir. 1983), aff’d, the court held that a juvenile victim’s testimony, when supported by a medical exam, is sufficient to support a defendant’s conviction for aggravated rape: The testimony of the young victim, though phrased in childish terminology, was quite explicit on this point, and constitutes direct
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State v. J.V.F.
47 So. 3d 1
La. Ct. App. 1st Cir. 2010
5 Cir.1983), aff'd, the court held that a juvenile victim’s testimony, when supported by a medical exam, is sufficient to support a defendant’s conviction for aggravated rape: The testimony of the young victim, though phrased in childish terminology, was quite explicit on this point, and constitutes direct evidence.
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State of Louisiana v. Katie Savoy
La. Ct. App. 3d Cir. 2008
The following comments indicate the Legislature’s intent to codify Elaire: (a) The 1985 amendment to Paragraph C
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State v. Savoy
999 So. 2d 285
La. Ct. App. 3d Cir. 2008
The following comments indicate the Legislature's intent to codify Elaire: (a) The 1985 amendment to Paragraph C (La.
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State v. Odle
834 So. 2d 483
La. Ct. App. 3d Cir. 2002
3 Cir. 5/4/94) , , writ denied, 94-1439 (La.10/7/94)
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State v. Goodley
820 So. 2d 478
La. 2002
1979); (defendant not entitled to negligent homicide instruction because that "defense [not] fairly supported by the evidence" and "charge must be supported by the evidence"); State v. Henry, *483 ("`[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction.
- State v. Taylor 821 So. 2d 633 La. Ct. App. 2d Cir. 2002
- State v. Johnson 823 So. 2d 917 La. 2002
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State v. Neal
796 So. 2d 649
La. 2001
1978); (defendant not entitled to negligent homicide instruction because that "defense [not] fairly supported by the evidence" and "charge must be supported by the evidence"); (same).
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State v. Johnson
771 So. 2d 798
La. Ct. App. 2d Cir. 2000
2049 , 72 L.Ed.2d 367 (1982), : Due process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction.
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State v. Young
757 So. 2d 797
La. Ct. App. 5th Cir. 2000
-489 (La.1984), the Supreme Court stated: [A]lthough the court must charge the jury of the law applicable to lesser included offenses under LSA-C.Cr.P.
- State v. Blanchard 749 So. 2d 19 La. Ct. App. 5th Cir. 1999
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State v. Straughter
727 So. 2d 1283
La. Ct. App. 1st Cir. 1999
Comment-1985 to Article 814 provides: (a) The 1985 amendment to Paragraph C and State ex rel.
- State v. Whitehead 711 So. 2d 275 La. Ct. App. 2d Cir. 1997
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Distinguished
State v. Gipson
677 So. 2d 544
La. Ct. App. 2d Cir. 1996
Accordingly, that charge, even if requested in the district court
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State v. Campbell
673 So. 2d 1061
La. Ct. App. 3d Cir. 1996
-89 (La.1984), the Supreme Court of Louisiana stated: [A]lthough the court must charge the jury of the law applicable to lesser included offenses ...
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State v. Viree
670 So. 2d 733
La. Ct. App. 3d Cir. 1996
5 Cir.1983), affirmed, State v. Jamison, 93-1633 (La.App.
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State v. Porter
639 So. 2d 1137
La. 1994
[11] The following comments indicate the Legislature's intent to codify Elaire: (a) The 1985 amendment to Paragraph C
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State v. Williams
637 So. 2d 1230
La. Ct. App. 4th Cir. 1994
quoting Hopper v. Evans, 456 U.S. 605 , 102 S.Ct.
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State ex rel. A.V.
637 So. 2d 1243
La. Ct. App. 1st Cir. 1994
In 1985 Article 814(C) was amended again, and the Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct.
- State v. Jamison 640 So. 2d 438 La. Ct. App. 3d Cir. 1994
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State v. Hill
636 So. 2d 999
La. Ct. App. 5th Cir. 1994
the Supreme Court of Louisiana held that the failure to specify the grounds of an objection, thereby preventing the trial judge from correcting any error, should prevent a convicted defendant from raising the issue on appeal.
- State v. Williams 632 So. 2d 351 La. Ct. App. 1st Cir. 1993
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State v. Thornton
611 So. 2d 732
La. Ct. App. 4th Cir. 1992
quoting Hopper v. Evans, 456 U.S. 605 , 102 S.Ct.
- State v. Wright 598 So. 2d 493 La. Ct. App. 2d Cir. 1992
- State v. Walland 555 So. 2d 478 La. Ct. App. 4th Cir. 1989
- State ex rel. C.W. 541 So. 2d 419 La. Ct. App. 1st Cir. 1989
- State v. Crook 517 So. 2d 1131 La. Ct. App. 5th Cir. 1987
- State v. Clofer 516 So. 2d 191 La. Ct. App. 1st Cir. 1987
- State v. Jones 516 So. 2d 396 La. Ct. App. 5th Cir. 1987
- Distinguished State v. Farmer 497 So. 2d 777 La. Ct. App. 1st Cir. 1986
- State v. Barnes 489 So. 2d 402 La. Ct. App. 5th Cir. 1986
- State v. Foret 479 So. 2d 526 La. Ct. App. 1st Cir. 1985
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State v. Reese
472 So. 2d 76
La. Ct. App. 5th Cir. 1985
it is not a true lesser included offense ...'" In affirming State v. Henry at the Supreme Court of Louisiana said: "If the trial court had instructed on forcible rape and if Charles Henry had been convicted of forcible rape, this Court would be required to reverse.
- State v. Williams 470 So. 2d 356 La. Ct. App. 5th Cir. 1985
- State v. Lee 467 So. 2d 1341 La. Ct. App. 1st Cir. 1985
- State v. Hardeman 467 So. 2d 1163 La. Ct. App. 2d Cir. 1985