DocketDrift

Real-time tracking of state judicial trends.

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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Dorthey, 623 So. 2d 1276.

2014 citing documents.

  • State v. Stokes 828 So. 2d 631 La. Ct. App. 2d Cir. 2002
  • State v. Whitfield 827 So. 2d 1196 La. Ct. App. 2d Cir. 2002
  • State v. Allen 828 So. 2d 622 La. Ct. App. 2d Cir. 2002
    *631 that courts have the power to declare a mandatory minimum sentence excessive under Article I, Section 20 of the Louisiana Constitution, this power should only be exercised in rare cases and only when the court is firmly convinced that the minimum sentence is excessive.
  • State v. Burns 828 So. 2d 147 La. Ct. App. 2d Cir. 2002
    State v. Sutton, 32,871 (La.App.2d Cir.1/26/00), .
  • State v. Drane 828 So. 2d 107 La. Ct. App. 2d Cir. 2002
  • State v. Hall 828 So. 2d 120 La. Ct. App. 2d Cir. 2002
  • State v. Lee 826 So. 2d 616 La. Ct. App. 4th Cir. 2002
    ASSIGNMENT OF ERROR NO. 5: In his final assignment, Lee complains that his mandatory life sentence as a
  • State v. Melancon 826 So. 2d 633 La. Ct. App. 4th Cir. 2002
    State v. Johnson, 97-1906, pp. 6-7 (La.3/4/98), ; -81 (La.
  • State v. Daggs 823 So. 2d 1093 La. Ct. App. 2d Cir. 2002
  • State v. Henry 823 So. 2d 1064 La. Ct. App. 2d Cir. 2002
  • State v. Roberts 823 So. 2d 1100 La. Ct. App. 2d Cir. 2002
  • State v. Heard 823 So. 2d 454 La. Ct. App. 2d Cir. 2002
  • State v. Ricks 823 So. 2d 441 La. Ct. App. 1st Cir. 2002
    The trial court vacated the prior sentence and sentenced the defendant as a second offender to ten years at hard labor with the first two years to be served without benefit of probation, parole
  • State v. Harry 823 So. 2d 987 La. Ct. App. 4th Cir. 2002
    4 Cir. 11/10/98) , , Mr. Harry argued to the trial court that his situation is identical to that of the defendant in Burns and that the mandatory minimum sentenced was excessive.
  • State v. Brown 821 So. 2d 751 La. Ct. App. 1st Cir. 2002
    to five years at hard labor, which was suspended; she was placed on five years active and supervised probation with the same seven special conditions of probation.
  • State v. Hilbun 821 So. 2d 530 La. Ct. App. 2d Cir. 2002
  • State v. Johnson 821 So. 2d 581 La. Ct. App. 2d Cir. 2002
  • State v. Watson 821 So. 2d 618 La. Ct. App. 2d Cir. 2002
  • State v. Johnson 820 So. 2d 1223 La. Ct. App. 1st Cir. 2002
    In any event, the allegations of the multiple bill must be proved before the mandatory minimum sentence becomes an issue and under Dorthey [], the trial court has the discretion in not applying the mandatory minimum sentence if the facts warrant.
  • State v. Taylor 821 So. 2d 633 La. Ct. App. 2d Cir. 2002
  • State v. Wiggins 817 So. 2d 405 La. Ct. App. 2d Cir. 2002
  • State v. Tolliver 818 So. 2d 310 La. Ct. App. 2d Cir. 2002
  • State v. Mitchell 818 So. 2d 807 La. Ct. App. 2d Cir. 2002
  • State v. Neely 818 So. 2d 829 La. Ct. App. 2d Cir. 2002
  • State v. Ventress 817 So. 2d 377 La. Ct. App. 5th Cir. 2002
    and State v. Johnson, 97-1906 (La.3/4/98), , the Louisiana Supreme Court recognized that a mandatory minimum sentence under the Habitual Offender Law may still be constitutionally excessive.
  • State v. Hicks 817 So. 2d 192 La. Ct. App. 5th Cir. 2002
  • State v. Smith 815 So. 2d 412 La. Ct. App. 2d Cir. 2002
  • State v. Stanley 815 So. 2d 383 La. Ct. App. 2d Cir. 2002
  • State v. Taylor 813 So. 2d 1151 La. Ct. App. 2d Cir. 2002
  • State v. Johnson 813 So. 2d 1180 La. Ct. App. 2d Cir. 2002
  • State v. Jordan 813 So. 2d 1123 La. Ct. App. 2d Cir. 2002
  • State v. George 829 So. 2d 440 La. Ct. App. 1st Cir. 2002
    State v. Johnson, 97-1906, pp. 6-7 (La.3/4/98), ; -81 (La.1993).
  • State v. Hernandez 815 So. 2d 126 La. Ct. App. 5th Cir. 2002
  • State v. Jefferson 815 So. 2d 120 La. Ct. App. 5th Cir. 2002
  • State v. Reed 809 So. 2d 1261 La. Ct. App. 3d Cir. 2002
  • State v. Ross 811 So. 2d 176 La. Ct. App. 2d Cir. 2002
  • State v. Loyd 810 So. 2d 1214 La. Ct. App. 2d Cir. 2002
  • State v. Edwards 811 So. 2d 233 La. Ct. App. 2d Cir. 2002
  • State v. Keith 811 So. 2d 136 La. Ct. App. 2d Cir. 2002
  • State v. Sewell 811 So. 2d 140 La. Ct. App. 2d Cir. 2002
    [1] *154 As this court stated in State v. Ponsell, 33,543 (La.App.2d Cir.8/23/00), , writ denied, 00-2726 (La.10/12/01), : Although, in State v. Dorthey, supra [ ], the Louisiana Supreme Court stated that courts have the power to declare a mandatory minimum sentence excessive under Article I, Section 20 of the Louisiana Constitution, this power should only be exercised in rare cases and only when the court is firmly convinced that the minimum sentence is excessive.
  • State v. Dillon 812 So. 2d 770 La. Ct. App. 5th Cir. 2002
    State v. Johnson, 97-1906 (La.3/4/98), ; (La.
  • State v. Williams 811 So. 2d 1026 La. Ct. App. 5th Cir. 2002
  • State v. Knight 811 So. 2d 947 La. Ct. App. 5th Cir. 2002
  • State v. Parker 812 So. 2d 86 La. Ct. App. 5th Cir. 2002
    [2] State v. Johnson, 97-1906 (La.3/4/98), .
  • State v. Johnson 812 So. 2d 106 La. Ct. App. 5th Cir. 2002
    [21] [22] 97-1906 (La.3/4/98), .
  • State v. Williams 815 So. 2d 908 La. Ct. App. 3d Cir. 2002
    the Louisiana Supreme Court held that a sentence is constitutionally excessive if it "makes no measurable contribution to acceptable goals of punishment and is nothing more than the purposeless imposition of pain and suffering and is grossly out of proportion to the severity of the crime."
  • State v. Johnson 806 So. 2d 960 La. Ct. App. 2d Cir. 2002
  • State v. Wilson 806 So. 2d 939 La. Ct. App. 2d Cir. 2002
  • State v. Davis 806 So. 2d 929 La. Ct. App. 2d Cir. 2002
  • State v. Lee 807 So. 2d 359 La. Ct. App. 2d Cir. 2002
    The trial court issued a written ruling finding the life sentence constitutional