Cited by

Opinions in Louisiana that cite State v. Weiland, 505 So. 2d 702.

52 citing documents.

  • 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
  • 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).
  • 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).
  • 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).
  • 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).
  • 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.”
  • 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).
  • State v. Bell 53 So. 3d 437 La. 2010
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • 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).
  • 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).
  • 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).
  • State v. Holmes 5 So. 3d 42 La. 2008
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • State v. Anderson 996 So. 2d 973 La. 2008
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • 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).
  • State v. Montejo 974 So. 2d 1238 La. 2008
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • State v. Frank 957 So. 2d 724 La. 2007
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • State v. Blank 955 So. 2d 90 La. 2007
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • State v. Manning 885 So. 2d 1044 La. 2004
    -10 (La.1987) (in case reversed on other grounds, dictum suggesting death penalty was disproportionate).
  • 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).
  • 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
  • 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
  • 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).
  • 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).
  • 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).
  • 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).
  • 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).
  • 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).
  • State v. Thibodeaux 750 So. 2d 916 La. 1999
    -10 (La.1987) [In case reversed on other grounds, dictum suggesting that death penalty disproportionate].
  • 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).
  • State v. Wessinger 736 So. 2d 162 La. 1999
    (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • 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).
  • 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).
  • State v. Castleberry 758 So. 2d 749 La. 1999
    -710 (La.1987) (in case reversed on other grounds, dictum suggesting that death penalty disproportionate).
  • 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
  • State v. Duke 702 So. 2d 1175 La. Ct. App. 1st Cir. 1997
    818 , 102 L.Ed.2d 807 (1989) -707 (La.1987).
  • 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).
  • 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
  • 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).
  • 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.