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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Smith, 639 So. 2d 237.

163 citing documents.

  • State v. Johnson 657 So. 2d 178 La. Ct. App. 1st Cir. 1995
    7/5/94), , the Louisiana Supreme Court set forth the test for reviewing sentencing errors: |3(1) [Wjhile a trial court must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentenc *180 ing range for th
  • State v. Townley 657 So. 2d 129 La. Ct. App. 3d Cir. 1995
  • State v. Terry 654 So. 2d 455 La. Ct. App. 1st Cir. 1995
    7/5/94), (on rehearing) *466 (footnote omitted).
  • State v. Ford 653 So. 2d 107 La. Ct. App. 1st Cir. 1995
    recently held that: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as h
  • State v. George 652 So. 2d 1382 La. Ct. App. 2d Cir. 1995
  • State v. Gillord 653 So. 2d 810 La. Ct. App. 1st Cir. 1995
    |2In State v. Smith, 93-0402, p. 3 (La.1994), , the Louisiana Supreme Court stated: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so lo
  • State v. Southall 652 So. 2d 581 La. Ct. App. 1st Cir. 1995
    7/5/94), (on rehearing) (footnote omitted).
  • State v. Hodges 651 So. 2d 487 La. Ct. App. 3d Cir. 1995
  • State v. Gordon 651 So. 2d 492 La. Ct. App. 1st Cir. 1995
    7/5/94), , 240 the Louisiana Supreme court held: (1) while a trial judge must consider the Guidelines, he has complete discretion, to reject the Guidelines and impose any sentence that is not constitutionally excessive, but is.
  • State v. Wiley 650 So. 2d 839 La. Ct. App. 1st Cir. 1995
    In a recent opinion, the Louisiana Supreme Court held: “(1) [W]hile a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convic
  • State v. Guffey 649 So. 2d 1169 La. Ct. App. 3d Cir. 1995
    In a recent opinion, the Louisiana Supreme Court held: "(1) [W]hile a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant *1176 has been
  • State v. Jordan 650 So. 2d 407 La. Ct. App. 3d Cir. 1995
    the sentencing guidelines are advisory rather than mandatory: On application by the State, we granted rehearing11 in this matter and, for the reasons which follow, now hold that: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sen
  • State v. Armentor 649 So. 2d 1187 La. Ct. App. 3d Cir. 1995
    In a recent Louisiana Supreme Court decision, (La.
  • State v. Kitchen 649 So. 2d 1227 La. Ct. App. 3d Cir. 1995
    7/5/94), , 240: (1) [W]hile a trial court must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as he states for the record the
  • State v. Merrill 650 So. 2d 793 La. Ct. App. 4th Cir. 1995
  • State v. Smith 649 So. 2d 145 La. Ct. App. 2d Cir. 1995
  • State v. Norris 649 So. 2d 160 La. Ct. App. 2d Cir. 1995
  • State v. Lofton 649 So. 2d 148 La. Ct. App. 2d Cir. 1995
    07/05/94), , the Louisiana Supreme Court held that the Louisiana Sentencing Guidelines are advisory to the sentencing judge.
  • State v. Matthews 649 So. 2d 1022 La. Ct. App. 2d Cir. 1995
  • State v. Soraparu 649 So. 2d 1100 La. Ct. App. 4th Cir. 1995
    7/5/94); , the Louisiana Supreme Court held that: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so
  • State v. Wright 650 So. 2d 291 La. Ct. App. 5th Cir. 1995
  • State v. Morgan 648 So. 2d 1063 La. Ct. App. 1st Cir. 1994
    7/5/94), (on rehearing) (footnote omitted).
  • State v. Fountain 647 So. 2d 1254 La. Ct. App. 4th Cir. 1994
    the Louisiana Supreme Court held as follows: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been con
  • State v. Coleman 647 So. 2d 1355 La. Ct. App. 4th Cir. 1994
    7/5/94); , the Louisiana Supreme Court held that: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so
  • State v. Ruiz 647 So. 2d 1317 La. Ct. App. 4th Cir. 1994
  • State v. Hall 647 So. 2d 453 La. Ct. App. 2d Cir. 1994
  • State v. Davis 647 So. 2d 468 La. Ct. App. 2d Cir. 1994
    07/05/94) on rehearing, .
  • State v. Sonnier 647 So. 2d 651 La. Ct. App. 1st Cir. 1994
    7/5/94); , the Louisiana Supreme Court held that: “...
  • State v. Jacobs 648 So. 2d 5 La. Ct. App. 2d Cir. 1994
    State v. Smith, 93-0402 (La.07/05/94), .
  • State v. Walters 648 So. 2d 7 La. Ct. App. 2d Cir. 1994
  • State v. Guidry 647 So. 2d 511 La. Ct. App. 3d Cir. 1994
    7/5/94), , our Supreme Court held that when the trial judge adheres to the requirements of Article 894.1 of the Louisiana Code of Criminal Procedure and imposes a sentence within the statutory range, an appellate court is limited to a traditional review of the sentence for constitutional excessiveness.
  • State v. Bell 647 So. 2d 498 La. Ct. App. 3d Cir. 1994
  • State v. Henney 647 So. 2d 568 La. Ct. App. 3d Cir. 1994
  • State v. Williams 647 So. 2d 597 La. Ct. App. 3d Cir. 1994
  • State v. Allen 647 So. 2d 428 La. Ct. App. 2d Cir. 1994
  • State v. Mitchell 647 So. 2d 423 La. Ct. App. 2d Cir. 1994
    State v. Smith, 93-0402 (La.1994), .
  • State v. Boros 646 So. 2d 1183 La. Ct. App. 5th Cir. 1994
    the Louisiana Supreme Court considered the extent to which the Guidelines are mandatory.
  • State v. Broussard 649 So. 2d 726 La. Ct. App. 3d Cir. 1994
    In State v. Smith, No. 93-0402, p. 3 (7/5/94) , the court held: "(1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as he states for
  • State v. Brown 645 So. 2d 1282 La. Ct. App. 4th Cir. 1994
    7/5/94); , the Louisiana Supreme Court held as follows: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, s
  • State v. Shaw 645 So. 2d 1279 La. Ct. App. 1st Cir. 1994
  • State v. Burton 649 So. 2d 694 La. Ct. App. 1st Cir. 1994
    as ruled that although a trial judge must consider the Sentencing Guidelines, they are advisory, so that when the trial judge considers the Guidelines and adequately states for the record the reasons for sentencing, the appellate court is limited to a review of constitutional excessiveness “without regard to whether the trial judge either employed or deviated from the Guidelines.”
  • State v. DeWoody 645 So. 2d 290 La. Ct. App. 1st Cir. 1994
    7/5/94), (on rehearing) but may exceed the maximum sentences suggested by them when the crimes are not typical.
  • State v. Hillery 649 So. 2d 575 La. Ct. App. 1st Cir. 1994
    Nevertheless, the recent Louisiana Supreme Court decision of State v. Smith, 93-K-0402 (7/5/94); , which broadens the trial court’s discretion in sentencing in turn effectively cuts off appellate review of sentences at the request of the state.
  • State v. Fisher 649 So. 2d 604 La. Ct. App. 3d Cir. 1994
    In a recent opinion, State v. Smith, 93-0402 (La.1994); , the Louisiana Supreme Court held: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as h
  • State v. Cushman 649 So. 2d 639 La. Ct. App. 3d Cir. 1994
    In a recent opinion, the Louisiana Supreme Court held that: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted
  • State v. Rayford 644 So. 2d 1133 La. Ct. App. 1st Cir. 1994
    the Louisiana Supreme Court stated: we ...
  • State v. Jones 645 So. 2d 773 La. Ct. App. 5th Cir. 1994
    ( 1994 WL 31786 ) the Supreme Court held that the Guidelines are advisory and further ruled that: While a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range
  • State v. Addison 644 So. 2d 767 La. Ct. App. 1st Cir. 1994
    7/5/94), (on rehearing) (footnote omitted).
  • State v. Matthews 643 So. 2d 854 La. Ct. App. 1st Cir. 1994
    7/5/94), , the Louisiana Supreme 17Court stated: “[T]he enabling legislation, as well as the related Code of Criminal Procedure articles and the Guidelines themselves, are explicit and uniform in their direction that the Guidelines are advisory in nature.
  • State v. Alston 643 So. 2d 1328 La. Ct. App. 1st Cir. 1994
    In a recent Louisiana Supreme Court decision, the court held: (1) while a trial judge must consider the Guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive, but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as he states