Cited by

Opinions in Louisiana that cite State v. Porter, 639 So. 2d 1137.

72 citing documents.

State of Louisiana v. Michael Steven White La. 2026
State of Louisiana v. Gabriel O. Hunter La. Ct. App. 4th Cir. 2026
7/5/94), reasoning a jury has the freedom to convict defendants of lesser included verdicts where the evidence presented supports the charged offense: Treating the jury’s prerogative to return a responsive verdict similar to the jury’s power of nullification, this court has consistently held that the jury
State of Louisiana v. Armond Jamar Burgy La. Ct. App. 2d Cir. 2024
State of Louisiana v. Rj Bartie La. Ct. App. 3d Cir. 2023
State of Louisiana Versus Maurice T. Leach AKA "marlo" La. Ct. App. 5th Cir. 2022
State of Louisiana v. Michael Duck La. Ct. App. 2d Cir. 2022
7/5/94), (deleting statutorily authorized responsive verdicts constitutes reversible error).
State of Louisiana v. Scot Martin Kidd La. Ct. App. 3d Cir. 2022
7/5/94), -44, which states in pertinent part: In the determination of whether to exclude the statutorily authorized responsive verdict, the issue was not whether the trial court believed the verdict of simple rape was the most accurate characterization of the conduct under the evidence, but
State of Louisiana v. Donald Broussard La. Ct. App. 3d Cir. 2021
State v. Daniels 275 So. 3d 380 La. Ct. App. 1st Cir. 2019
In re State in Interest of W.A.P. 274 So. 3d 690 La. Ct. App. 2d Cir. 2019
State of Louisiana v. Donasty Anwanique Cohen La. Ct. App. 3d Cir. 2019
See State v. Porter, 93-1106, p. 4 (La.7/5/94), (“Treating the jury’s prerogative to return a responsive verdict similar to the jury’s power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evidence clearly and overwhelmingly supported a conviction of the
State v. Cohen 272 So. 3d 12 La. Ct. App. 1st Cir. 2019
7/5/94), , 1140 ("Treating the jury's prerogative to return a responsive verdict similar to the jury's power of nullification, this court has consistently held that the jury must be given the *36 option to convict the defendant of the lesser offense, even though the evidence clearly and overwhelmingly supported a conviction of
State v. Baugh 262 So. 3d 312 La. Ct. App. 1st Cir. 2018
State v. Porter, 93-1106, pp. 4-9 (La.7/5/94), , 1140-1142 ; , 258 (La.1982) ; State ex rel.
State of Louisiana v. Jubbard Price 250 So. 3d 230 La. 2018
State v. Becnel 250 So. 3d 1207 La. Ct. App. 1st Cir. 2018
State v. Kelly 244 So. 3d 1251 La. Ct. App. 2d Cir. 2018
State of Louisiana v. Robert N. Green La. Ct. App. 3d Cir. 2017
7/5/94), the supreme court stated that a “defendant may be convicted of simple rape when the victim’s capacity to resist was negated by an abnormal condition or state of mind produced by alcohol consumption.” In Porter, there was evidence of alcohol consumption by
State v. Green 248 So. 3d 360 La. Ct. App. 1st Cir. 2017
7/5/94), , 1143, the supreme court stated that a "defendant may be convicted of simple rape when the victim's capacity to resist was negated by an abnormal condition or state of mind produced by alcohol consumption."
State v. Becnel 220 So. 3d 27 La. Ct. App. 1st Cir. 2017
State of Louisiana v. Leo Paul Thibodeaux, Jr. La. Ct. App. 3d Cir. 2017
State v. Thibodeaux 216 So. 3d 73 La. Ct. App. 1st Cir. 2017
State of Louisiana v. William J. Graham 180 So. 3d 271 La. 2015
See State v. Porter, 93-1106 (La.7/5/94), State ex rel.
State v. Falkins 146 So. 3d 838 La. Ct. App. 1st Cir. 2014
See State v. Porter, 93-1106, p. 4 (La.7/5/94), (“As long as an authorized responsive verdict is a lesser and included grade of the charged offense and the evidence is sufficient to support a verdict of guilty of the charged offense, there is no problem.with sufficiency of the evidence for the responsive verdict”).
State v. Wells 156 So. 3d 150 La. Ct. App. 1st Cir. 2014
814 A(3) and C; State v. Porter, 93-1106, pp. 5-6 (La.7/5/94), ; State ex rel.
State v. Ross 137 So. 3d 759 La. Ct. App. 1st Cir. 2014
State v. Porter, 93-1106, p. 4, n. 5 (La.7/5/94), (citing 2 Wayne R. La-Fave and Jerold H. Israel, CRIMINAL PROCEDURE § 21.1 (1984)).
State v. German 133 So. 3d 179 La. Ct. App. 1st Cir. 2014
The court cited its prior per curiam decision in State v. Porter, 93-1106, p. 9 (La.7/5/94), , 1142 wherein it stated that the provision of La.C.Cr.P.
State v. Vargas-Alcerreca 126 So. 3d 569 La. Ct. App. 1st Cir. 2013
See State v. Porter, 93-1106, pp. 3-4 (La.7/5/94), .
State v. Pham 119 So. 3d 202 La. Ct. App. 5th Cir. 2013
Id., 09-1404; 48 So.3d at 1078 (citing State v. Porter, 93-1106 (La.7/5/94); ).
State v. Williams 119 So. 3d 131 La. Ct. App. 1st Cir. 2013
Defendant first argues that the trial judge improperly restricted his constitutional right to a full voir dire by refusing to allow him to question the jurors regarding their ability to understand and apply the principles of State v. Porter, 93-1106 (La.7/5/94), .
State v. Smith 108 So. 3d 376 La. Ct. App. 1st Cir. 2013
art. 814 A(3) and C; State v. Porter, 93-1106, pp. 5-6 (La.7/5/94), ; State ex rel.
State v. Harris 105 So. 3d 914 La. Ct. App. 5th Cir. 2012
Id., 09-1404; 48 So.3d at 1078 , citing State v. Porter, 93-1106 (La.7/5/94); .
State v. Clouatre 110 So. 3d 1094 La. Ct. App. 1st Cir. 2012
In State v. Porter, 93-1106 (La.7/5/94), , the supreme court stated that a “defendant may be convicted of simple rape when the victim’s capacity to resist was negated by an abnormal condition or state of mind produced by alcohol consumption.” In Porter , there was evidence of alcohol consumption by the victim and of an alcohol-influenced state of mind.
State of Louisiana v. Robert Daniel Wilkins La. Ct. App. 3d Cir. 2012
State v. Wilkins 94 So. 3d 983 La. Ct. App. 1st Cir. 2012
3 Cir.1993), rev’d in part on other grounds, 93-1106 (La.7/5/94), .
State v. Seals 83 So. 3d 285 La. Ct. App. 1st Cir. 2011
State v. Porter, 93-1106, p. 4 (La.7/5/94), n. 5 .
State v. Moore 75 So. 3d 22 La. Ct. App. 1st Cir. 2011
P. art. 814 A(3) and C; State v. Porter, 93-1106, pp. 5-6 (La.7/5/94), ; State ex rel.
State v. Jacobs 67 So. 3d 535 La. Ct. App. 1st Cir. 2011
State v. Porter, 93-1106, p. 4 (La.7/5/94), .
State v. Birgans 57 So. 3d 478 La. Ct. App. 2d Cir. 2011
State v. Porter, 93-1106 (La.7/5/94), .
State v. Lewis 48 So. 3d 1073 La. 2010
State v. Porter, 93-1106, p. 4 (La.7/5/94), (“Treating the jury’s prerogative to return a responsive verdict similar to the jury’s power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evidence clearly and overwhelmingly supported a conviction of the
State v. Strother 49 So. 3d 372 La. 2010
See State v. Porter, 93-1106, p. 4 (La.7/5/94), (“Treating the jury’s prerogative to return a responsive verdict similar to the jury’s power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evidence clearly and overwhelmingly supported a conviction of the
State of Louisiana v. M. L. Jr. La. Ct. App. 3d Cir. 2010
State of Louisiana v. Toby James Fruge La. Ct. App. 3d Cir. 2010
5 Cir. 4/25/00), writs denied, 00-1498 (La.3/16/00), and 00-1452 (La.3/16/01), State v. Porter, 93-1106, p. 10 (La.7/5/94)
State v. Fruge 34 So. 3d 422 La. Ct. App. 1st Cir. 2010
5 Cir. 4/25/00), , writs denied, 00-1498 (La.3/16/00), and 00-1452 (La.3/16/01), ; State v. Porter, 93-1106, p. 10 (La.7/5/94), .
State of Louisiana v. Daryl W. Johnson La. Ct. App. 3d Cir. 2009
State v. Johnson. 21 So. 3d 1159 La. Ct. App. 3d Cir. 2009
State v. Porter, 93-1106 (La.7/5/94); .
State of Louisiana v. Katie Savoy La. Ct. App. 3d Cir. 2008
7/5/94), -42, (footnotes omitted).
State v. Savoy 999 So. 2d 285 La. Ct. App. 3d Cir. 2008
State v. Porter, 93-1106, pp. 5-9 (La.7/5/94), -42 , (footnotes omitted).
State v. Starr 2 So. 3d 451 La. Ct. App. 1st Cir. 2008
5 Cir. 4/25/00), , writs denied, 00-1498 (La.3/16/00), and 00-1452 (La.3/16/01), ; State v. Porter, 93-1106, p. 10 (La.7/5/94), .
State v. Robertson 988 So. 2d 166 La. 2008
State v. Simmons, 01-293, p. 3 (La.5/14/02), , citing State v. Porter, 93-1106 (La.7/5/94), ; State ex rel.
State v. Newton 973 So. 2d 916 La. Ct. App. 2d Cir. 2007
State v. Porter, 93-1106 (La.7/5/94), ; State ex rel.