Cited by
Opinions in Louisiana that cite State v. Welch, 615 So. 2d 300.
- State of Louisiana Versus Cody Breaux La. Ct. App. 5th Cir. 2023
- State of Louisiana Versus Terez Ard La. Ct. App. 5th Cir. 2021
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La. 2020
2/28/94), (court of appeal “reached the right result, but for the wrong reasons”); (La.
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State v. Colby
244 So. 3d 1260
La. Ct. App. 2d Cir. 2018
13 In State v. Welch , (La.
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State v. Lyons
241 So. 3d 1153
La. Ct. App. 2d Cir. 2018
Also, the evidence tends to prove a material fact at issue, the nature of the prior relationship between the parties in regard to defendant's motive for committing the crime."); State v. Welch , , 303 (La.
- State v. Johnson 187 So. 3d 35 La. Ct. App. 1st Cir. 2016
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State v. Hunter
176 So. 3d 530
La. Ct. App. 1st Cir. 2015
In a case in which prior acts of violence by both the defendant and victim were introduced, the Court found that “the state could not place the circumstances of the offense in then-proper context without reference to the nature of the relationship existing between the victim and the defendant.”
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State of Louisiana v. David J. Koederitz
166 So. 3d 981
La. 2015
[including] the abuse, both physical and mental, she ostensibly suffered at the defendant’s hands” were 10 inadmissible); (La.
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State v. Lindsey
129 So. 3d 759
La. Ct. App. 1st Cir. 2013
(defendant waived complaint that State failed to provide Prieur notice); State v. Lacoste, 04-1625 (La.App.
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State v. Marshall
128 So. 3d 1156
La. Ct. App. 1st Cir. 2013
in which the court said: [T]he state could not place the circumstances of the offense in their proper context without reference to the nature of the relationship existing between the victim and the defendant ...
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State v. Butler
117 So. 3d 87
La. 2013
vision, or reversal of a judgment in an appellate court, including the supreme court, may assert in support of the judgment, any argument supported by the record although he has not appealed, answered the appeal, or applied for supervisory writs.”); State v. Neisler, 93-1942 (La.2/28/94), (court of appeal “reached the right result, but for the wrong reasons”); (same).
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State v. Granger
103 So. 3d 576
La. Ct. App. 1st Cir. 2012
the victim and others were watching a fireworks display when defendant, the victim’s ex-boyfriend, walked past them.
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State v. Adams
89 So. 3d 435
La. Ct. App. 1st Cir. 2012
*444 the victim and others were watching a fireworks display when defendant, the victim’s ex-boyfriend, walked past them.
- State of Louisiana v. Terry G. Day La. Ct. App. 3d Cir. 2012
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State v. Willis
75 So. 3d 17
La. Ct. App. 1st Cir. 2011
art. 841 (irregularity or error cannot be availed of after verdict unless objected to with grounds at the time of error/irregularity), (defendant waived complaint that state failed to provide Prieur notice, 1.e.
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State of Louisiana v. Lester Williams
La. Ct. App. 3d Cir. 2011
(“[T]he state could not place the circumstances of the offense in their proper context without reference to the nature of the 10 relationship existing between the victim and the defendant.
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State v. Dunn
49 So. 3d 876
La. 2010
See State v. Rose, 2006-0402 (La.2/22/07)
- State of Louisiana v. Vincent Marinello La. Ct. App. 3d Cir. 2010
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State v. Marinello
49 So. 3d 488
La. Ct. App. 1st Cir. 2010
art. 841; 15 State v. *501 Welch
- State v. Morgan 34 So. 3d 1127 La. Ct. App. 2d Cir. 2010
- State v. Lawrence 32 So. 3d 329 La. Ct. App. 2d Cir. 2010
- State v. Sumlin 25 So. 3d 931 La. Ct. App. 2d Cir. 2009
- State v. Langston 3 So. 3d 707 La. Ct. App. 2d Cir. 2009
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State v. Reed
1 So. 3d 561
La. Ct. App. 2d Cir. 2008
[6] Courts have admitted evidence of previous domestic violence under the 404(B) exception in instances where the prior acts of violence were against the victim in the particular charge being brought; ("[i]n this case, the state could not place the circumstances of the offense in their proper context without reference to the nature of the relationship existing between the victim and the defendant"); and when the prior acts were similar in nature ( State v. Rose, 06-0402 (La.2/22/07) (evide
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State v. Reed
1 So. 3d 561
La. Ct. App. 2d Cir. 2008
Courts have admitted evidence of previous domestic violence under the 404(B) exception in instances where the prior acts of violence were against the victim in the particular charge being brought; (“[i]n this case, the state could not place the circumstances of the offense in their proper context without reference to the nature of the relationship existing between the victim and the defendant”); and when the prior acts were similar in nature (State v. Rose, 06-0402 (La.2/22/07) (eviden
- State v. Lawson 1 So. 3d 516 La. Ct. App. 1st Cir. 2008
- State of Louisiana v. Heath Edward Fusilier La. Ct. App. 3d Cir. 2008
- State v. Fusilier 993 So. 2d 375 La. Ct. App. 3d Cir. 2008
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State v. Colbert
990 So. 2d 76
La. Ct. App. 4th Cir. 2008
: "[T]he state could not place the circumstances of the offense in their proper context without reference to the nature of the relationship existing between the victim and the defendant....
- State v. Mathieu 980 So. 2d 716 La. Ct. App. 4th Cir. 2008
- State v. Cotton 980 So. 2d 34 La. Ct. App. 5th Cir. 2008
- State v. Kirkland 962 So. 2d 1173 La. Ct. App. 2d Cir. 2007
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State v. Rose
949 So. 2d 1236
La. 2007
("[T]he state could not place the circumstances of the offense in their proper context without reference to the nature of the relationship existing between the victim and the defendant.
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State v. Clay
942 So. 2d 563
La. Ct. App. 1st Cir. 2006
In second-degree battery cases, the offense requires proof of a specific intent to inflict “serious bodily harm.”
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State v. Spano
936 So. 2d 304
La. Ct. App. 2d Cir. 2006
The offense of second degree battery requires additional proof that the offender had the specific intent to inflict “serious bodily harm.” State v. Welch, 92-1866 (La.2/22/93), .
- State v. Landry 871 So. 2d 1235 La. Ct. App. 4th Cir. 2004
- State v. Price 842 So. 2d 491 La. Ct. App. 4th Cir. 2003
- State v. Harris 842 So. 2d 432 La. Ct. App. 4th Cir. 2003
- State v. Rasheed 841 So. 2d 85 La. Ct. App. 4th Cir. 2003
- State v. Maise 759 So. 2d 884 La. Ct. App. 5th Cir. 2000
- State v. Moore 734 So. 2d 706 La. Ct. App. 3d Cir. 1999
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State v. Johnston
710 So. 2d 235
La. 1998
I would grant the rehearing application for reasons consistent with this Court’s
- State v. Hernandez 686 So. 2d 92 La. Ct. App. 4th Cir. 1996
- State v. Milligan 685 So. 2d 1127 La. Ct. App. 2d Cir. 1996
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State v. Ham
652 So. 2d 15
La. Ct. App. 5th Cir. 1995
# 93-K-1886 [ ] decision February 22, 1993 through the testimony of Robert Santana, Sarah Santana and Patrick Eldes and on cross examination of defense witnesses.
- State v. Hall 624 So. 2d 927 La. Ct. App. 2d Cir. 1993
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State v. Bourque
622 So. 2d 198
La. 1993
-03 (La.1993) ("the primary purpose of the evidence was not to prove [the defendant's] bad character but to illustrate the volatile nature of his relationship with the victim and his inability to put her behind him and `get on with his life.'").
- State v. Tyler 619 So. 2d 807 La. Ct. App. 1st Cir. 1993