Cited by
Opinions in Louisiana that cite State v. Weiland, 505 So. 2d 702.
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State Of Louisiana v. David Brown
La. 2022
77 This court has set aside only one death penalty as disproportionately excessive under the post- 1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” Sonnier, 380 So.2d at 9; see also, -710 (La.1987) (in dictum, this court suggested the death penalty was disproportionate).
- State of Louisiana v. Jeffrey Clark 220 So. 3d 583 La. 2016
- State of Louisiana v. Robert Leroy McCoy 218 So. 3d 535 La. 2016
- State v. Holder 181 So. 3d 918 La. Ct. App. 2d Cir. 2015
- State of Louisiana v. Lamondre Tucker 181 So. 3d 590 La. 2015
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State v. Garcia
108 So. 3d 1
La. 2012
This Court, however, has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” -10 (La.1987)(in case reversed on other grounds, dictum suggesting death penalty disproportionate).
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State v. Magee
103 So. 3d 285
La. 2012
This court has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently "large number of persuasive mitigating factors.” see also, -10 (La.1987) (in dictum, this court suggested the death penalty was disproportionate).
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State v. Carter
84 So. 3d 499
La. 2012
This court, however, has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Odenbaugh
82 So. 3d 215
La. 2011
This Court, however, has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” see also, -10 (La.1987).
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State v. Dorsey
74 So. 3d 603
La. 2011
In State v. Weiland, although the defendant’s conviction and sentence were reversed as a result of the trial court’s erroneous exclusion of crucial mitigating evidence, this Court also noted the death penalty “appears disproportionate.”
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State v. Sparks
68 So. 3d 435
La. 2011
This Court, however, has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Bell
53 So. 3d 437
La. 2010
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Dressner
45 So. 3d 127
La. 2010
This Court, however, has set aside only one death sentence as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” -10 (La.1987)(in case reversed on other grounds, *155 dictum suggesting death penalty disproportionate).
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State v. Dunn
41 So. 3d 454
La. 2010
(on remand, the State reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Bordelon
33 So. 3d 842
La. 2009
However, this Court has set aside only one death penalty as disproportionately excessive under the post-1976 statutes, finding in that one case, inter alia, a sufficiently “large number of persuasive mitigating factors.” -10 (La.l987)(reversing on other grounds but suggesting that the death penalty was disproportionate).
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State v. Holmes
5 So. 3d 42
La. 2008
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Anderson
996 So. 2d 973
La. 2008
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Lee
976 So. 2d 109
La. 2008
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty was disproportionate).
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State v. Montejo
974 So. 2d 1238
La. 2008
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Frank
957 So. 2d 724
La. 2007
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Blank
955 So. 2d 90
La. 2007
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Manning
885 So. 2d 1044
La. 2004
-10 (La.1987) (in case reversed on other grounds, dictum suggesting death penalty was disproportionate).
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State v. Legrand
864 So. 2d 89
La. 2004
(on remand, the state reduced the charge to second-degree murder and the jury returned a verdict of manslaughter).
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State v. Carmouche
872 So. 2d 1020
La. 2003
-10 (La.1987) (reversing on grounds of the trial court's erroneous exclusion of crucial mitigating evidence at both the guilt and penalty phases, but additionally finding that "the penalty imposed here appears disproportionate to that imposed in similar cases.").
- State v. Clark 851 So. 2d 1055 La. 2003
- State v. Taylor 838 So. 2d 729 La. 2003
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State v. Wright
834 So. 2d 974
La. 2002
State v. Sonnier, supra at 9 ; -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
- State v. Bowie 813 So. 2d 377 La. 2002
- State v. Ball 824 So. 2d 1089 La. 2002
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State v. Irish
807 So. 2d 208
La. 2002
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Deal
802 So. 2d 1254
La. 2001
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Duncan
802 So. 2d 533
La. 2001
Sonnier, supra ; -10 (La.1987) (reversing on other grounds and suggesting in dicta that death penalty disproportionate).
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State v. Neal
796 So. 2d 649
La. 2001
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Tilley
767 So. 2d 6
La. 2000
(on remand, the state reduced the charge to second-degree murder and the jury returned a verdict of manslaughter).
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State v. Casey
775 So. 2d 1022
La. 2000
-10 (La.1987), (involving a conviction reversed on other grounds but containing dicta suggesting the death penalty disproportionate; on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Thibodeaux
750 So. 2d 916
La. 1999
-10 (La.1987) [In case reversed on other grounds, dictum suggesting that death penalty disproportionate].
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State v. Hampton
750 So. 2d 867
La. 1999
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Wessinger
736 So. 2d 162
La. 1999
(in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Howard
751 So. 2d 783
La. 1999
Sonnier, 380 So.2d at 9; -10 (La.1987) (case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Snyder
750 So. 2d 832
La. 1999
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Castleberry
758 So. 2d 749
La. 1999
-710 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
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State v. Frost
727 So. 2d 417
La. 1998
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
- State v. Brumfield 737 So. 2d 660 La. 1998
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State v. Duke
702 So. 2d 1175
La. Ct. App. 1st Cir. 1997
818 , 102 L.Ed.2d 807 (1989) -707 (La.1987).
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State v. Craig
699 So. 2d 865
La. 1997
(on remand, the state reduced the charge to second degree murder and the jury returned a verdict of manslaughter).
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State v. Roy
681 So. 2d 1230
La. 1996
-10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
- State v. Myers 583 So. 2d 67 La. Ct. App. 2d Cir. 1991
- State v. Weiland 562 So. 2d 950 La. Ct. App. 5th Cir. 1990
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State v. Jones
558 So. 2d 546
La. 1990
and Pugh, Louisiana Evidence Law 415 n. 8 (letter written to defendant admissible to show defendant's belief that he had authority to sell and that he did not act with criminal intent).
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State v. Lee
559 So. 2d 1310
La. 1990
Special precaution should be taken in capital cases to allow all relevant mitigating evidence before the jury, Eaton, 524 So.2d at 1205 ; to give the defendant "a meaningful opportunity to present a complete defense," a right guaranteed by the U.S. Constitution.