Cited by
Opinions in Louisiana that cite State v. Martin, 539 So. 2d 1235.
- Lanard Lavigne Versus State of Louisiana La. Ct. App. 5th Cir. 2025
- State Of Louisiana v. Joey Paul Clement La. Ct. App. 1st Cir. 2024
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State of Louisiana v. Deon Ray Bartie
La. Ct. App. 3d Cir. 2024
In State v. Martin, [], we upheld Martin’s conviction as a principal to negligent homicide even though it was his partner in a drag race who struck the victim’s vehicle.
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State of Louisiana v. Darren Bridges
La. Ct. App. 4th Cir. 2024
(holding closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” inarticulate but not improper); (holding prosecutor’s waving gruesome photo at jury and urging members to look at it if they became “
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State v. Howard
258 So. 3d 66
La. Ct. App. 1st Cir. 2018
537 , 169 L.Ed.2d 377 (2007) ; State v. Martin , , 1240 (La.
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State v. Trung Le
243 So. 3d 637
La. Ct. App. 1st Cir. 2018
State v. Martin , , 1238 (La.
- State v. Leger 236 So. 3d 577 La. Ct. App. 1st Cir. 2017
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State v. Lee
217 So. 3d 1266
La. Ct. App. 1st Cir. 2017
(holding closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” inarticulate but not improper); (holding prosecutor’s waving gruesome photo at jury and urging members to look at it if they became “weak kneed” during delib
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State v. Franklin
198 So. 3d 1222
La. Ct. App. 1st Cir. 2016
(holding closing arguments that referred - to “smoke screen” tactics and defense as “commie pinkos” inarticulate but not improper); (holding prosecutor’s waving gruesome photo at jury and urging members to look at it if they became “weak kneed” during del
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State v. Dabney
176 So. 3d 515
La. Ct. App. 1st Cir. 2015
See, (finding that State’s reference in closing argument to defense “smoke screen” tactics was not improper).
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State v. Flores
167 So. 3d 801
La. Ct. App. 1st Cir. 2014
the Louisiana Supreme Court held that references to a “smoke screen” by a prosecutor during closing argument, while undesirable, did not rise to the level of prejudice necessary to constitute reversible error.
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State v. Smith
156 So. 3d 1227
La. Ct. App. 1st Cir. 2014
Rather than requiring the accused to intend some consequence of his actions, criminal negligence is found from the accused’s gross disregard for the consequences of his action.” *1233 By contrast, Louisiana jurisprudence interprets the felony murder rule to require that a direct act of defendant cause the death of the victim.
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State v. Simms
143 So. 3d 1258
La. Ct. App. 1st Cir. 2014
(citing State v. Casey, 99-0023, p. 17 (La.1/26/00), , 1036 ) (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” were deemed inarticulate but not improper).
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State v. Haynes
144 So. 3d 1083
La. Ct. App. 1st Cir. 2014
104 , 148 L.Ed.2d 62 (2000), (closing argument that referred to “smoke screen” tactics and defense as “commie pinkos” was inarticulate but not improper).
- State v. Williams 137 So. 3d 832 La. Ct. App. 1st Cir. 2014
- State v. Norah 131 So. 3d 172 La. Ct. App. 1st Cir. 2013
- State v. Allen 126 So. 3d 675 La. Ct. App. 1st Cir. 2013
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State v. Lawrence
120 So. 3d 812
La. Ct. App. 1st Cir. 2013
(closing arguments referring to “smoke screen” tactics and defense “commipinkos” held inarticulate but not improper); (prosecutor’s waving a gruesome photo at jury and urging jury to look at it if they become “weak kneed” during deliberations held not imp
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State v. Jackson
115 So. 3d 1155
La. Ct. App. 1st Cir. 2013
For instance, in State v. Martin, *1167 the Louisiana Supreme Court held that |20closing argument referring to “smoke screen” tactics by the defense was not improper.
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State v. Cleveland
115 So. 3d 578
La. Ct. App. 1st Cir. 2013
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” were deemed inarticulate but not improper).
- State v. Smith 96 So. 3d 678 La. Ct. App. 1st Cir. 2012
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State v. Everett
96 So. 3d 605
La. Ct. App. 1st Cir. 2012
State v. Casey, 99-0023, p. 17 (La.1/26/00)
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State v. Ruffin
82 So. 3d 497
La. Ct. App. 1st Cir. 2011
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” were deemed inarticulate but not improper).
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State ex rel. R.V.
82 So. 3d 402
La. Ct. App. 1st Cir. 2011
the Louisiana Supreme Court determined that proof that the defendant’s conduct was a proximate cause of the victims’ death was sufficient to satisfy the causality requirements.
- State v. Small 78 So. 3d 825 La. Ct. App. 2d Cir. 2011
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State v. Patton
68 So. 3d 1209
La. Ct. App. 1st Cir. 2011
(closing arguments' referring to “smoke screen” tactics and defense “commi-pinkos” held inarticulate but not improper); cert.
- State v. Vincent 56 So. 3d 408 La. Ct. App. 1st Cir. 2011
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State v. Knight
36 So. 3d 1163
La. Ct. App. 2d Cir. 2010
State v. Beason, 26,725 (La.App.
- State v. Woods 16 So. 3d 1279 La. Ct. App. 2d Cir. 2009
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State of Louisiana v. Brian A. Verret
La. Ct. App. 3d Cir. 2009
In a case involving charges of negligent homicide arising from a “drag racing” accident, the supreme court found the proper test is whether the defendant’s conduct was a substantial factor in bringing about the ensuing death.”
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State v. Verret
9 So. 3d 1112
La. Ct. App. 1st Cir. 2009
In a *1115 case involving charges of negligent homicide arising from a “drag racing” accident, the supreme court found the proper test is whether the defendant’s conduct was a substantial factor in bringing about the ensuing death.”
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State v. Jackson
11 So. 3d 524
La. Ct. App. 1st Cir. 2009
State v. Casey, 99-0023, p. 17 (La.1/26/00), , 1036, (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” were deemed inarticulate but not improper).
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State v. Desoto
6 So. 3d 141
La. 2009
the conduct of a defendant driving at a high rate of speed, on a busy highway, following another vehicle very closely, was deemed a gross deviation below the standard of care and constituted gross negligence for purposes of the negligent homicide statute.
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State v. Camper
996 So. 2d 571
La. Ct. App. 4th Cir. 2008
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" were deemed inarticulate but not improper).
- State v. Bellow 993 So. 2d 307 La. Ct. App. 5th Cir. 2008
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State v. Robbins
986 So. 2d 828
La. Ct. App. 2d Cir. 2008
104 , 148 L.Ed.2d 62 (2000)
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State v. Woodfork
981 So. 2d 717
La. Ct. App. 4th Cir. 2008
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" were deemed inarticulate but not improper).
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State v. Williams
977 So. 2d 160
La. Ct. App. 4th Cir. 2008
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" were deemed inarticulate but not improper).
- State v. Tensley 955 So. 2d 227 La. Ct. App. 2d Cir. 2007
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State v. Gourdine
946 So. 2d 277
La. Ct. App. 2d Cir. 2006
the Supreme Court used the "substantial factor" standard and cited State v. Matthews, supra .
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State v. Stukes
944 So. 2d 679
La. Ct. App. 1st Cir. 2006
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” were deemed inarticulate but not improper).
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State v. Riley
941 So. 2d 618
La. Ct. App. 4th Cir. 2006
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" were deemed inarticulate but not improper).
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State v. Smith
935 So. 2d 797
La. Ct. App. 2d Cir. 2006
104 , 148 L.Ed.2d 62 (2000)
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State v. Trackling
930 So. 2d 60
La. Ct. App. 1st Cir. 2006
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to “smoke screen” tactics and defense as “commie pinkos” inarticulate but not improper).
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State v. Mitchell
889 So. 2d 1257
La. Ct. App. 2d Cir. 2004
104 , 148 L.Ed.2d 62 (2000)
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State of Louisiana v. Matthew James Nolan
La. Ct. App. 3d Cir. 2004
Rather than requiring the accused intend some consequence of his actions, criminal negligence is found from the accused’s gross disregard for the consequences of his actions.”
- State v. Nolan 882 So. 2d 1246 La. Ct. App. 3d Cir. 2004
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State v. Vance
879 So. 2d 862
La. Ct. App. 1st Cir. 2004
State v. Casey, 99-0023, p. 17 (La.1/26/00)
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State v. Lee
844 So. 2d 970
La. Ct. App. 4th Cir. 2003
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" inarticulate but not improper).
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State v. Clark
828 So. 2d 1173
La. Ct. App. 4th Cir. 2002
State v. Casey, 99-0023, p. 17 (La.1/26/00), , (closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" were deemed inarticulate but not improper).