Cited by
Opinions in Louisiana that cite State v. Tart, 672 So. 2d 116.
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State v. Dunn
41 So. 3d 454
La. 2010
So.2d 162 (exjemployee33 returns to restaurant, shoots three and kills two); State v. Robertson, 97-0177 (La.3/4/98), (mixed-race couple stabbed to death in their home during an aggravated burglary); State v. Baldwin, 96-1660 (La.12/12/97), (defendant shot and killed his estranged wife and the three men who were with her at the time); State v. Tart, 93-0772 (La.2/9/96), (defendant murdered his estranged girlfriend and severely wounded her mother); State v. Taylor, 93-2201 (La.2/28/96), (ex-emplo
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State v. Barthelemy
32 So. 3d 999
La. Ct. App. 1st Cir. 2010
at n. 18 (citing State v. Tart, 93-0772, p. 19-20 (La.2/9/96), ).
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State v. Reeves
11 So. 3d 1031
La. 2009
78 The issue of conflicting loyalties may arise in several different contexts, 179 but may include the circumstance “where an attor *1082 ney runs into a conflict because he or she is required to cross-examine a witness who is testifying against the defendant and who was or is a client of the attorney.” Cisco , 2001-2732 p. 17, 861 So.2d at 129 , citing State v. Tart, 1993-0772 p. 19 (La.2/9/96), , cert.
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State v. Diggs
1 So. 3d 673
La. Ct. App. 2d Cir. 2008
The issue of conflicting loyalties usually arises in the context of joint representation, but it can also arise “where an attorney runs into a conflict because he or she is required to cross-examine a witness who is testifying against the defendant and who was or is a client of the attorney.” State v. Cisco, supra, citing State v. Tart, 93-0772 (La.2/9/96), , U.S. cert denied; State v. Kirkpatrick, supra.
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State v. Holmes
5 So. 3d 42
La. 2008
190 , 142 L.Ed.2d 155 (1998); State v. Tart, 92-0772 (La.2/9/96), cert.
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State v. Anderson
996 So. 2d 973
La. 2008
See State v. Draughn, 05-1825 (La.1/17/07), ; Bridgewater, supra ; Jacobs, supra; State v. Bowie, 00-3344 (La.4/3/02), ; Howard, supra ; Gradley; supra; State v. Tart, 93-0772 (La.2/9/96), ; State v. Taylor, 99-1311 (La.1/17/01), ; Baldwin, supra .
- State in the Interest of D. A. La. Ct. App. 3d Cir. 2008
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State ex rel. D. A.
995 So. 2d 11
La. Ct. App. 1st Cir. 2008
Additionally, in State v. Tart, 93-772 (La.2/9/96), , cert.
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State Ex Rel. Da
995 So. 2d 11
La. Ct. App. 3d Cir. 2008
Additionally, in State v. Tart, 93-772 (La.2/9/96), , cert.
- State in the Interest of D.J. La. Ct. App. 3d Cir. 2008
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State ex rel. D.J.
995 So. 2d 1
La. Ct. App. 1st Cir. 2008
State v. Tart, 93-773 (La.2/9/96), , cert.
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State Ex Rel. Dj
995 So. 2d 1
La. Ct. App. 3d Cir. 2008
State v. Tart, 93-773 (La.2/9/96), , cert.
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State v. Montejo
974 So. 2d 1238
La. 2008
190 , 142 L.Ed.2d 155 (1998); State v. Tart, 92-0772 (La.2/9/96), , cert.
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State v. Hawkins
968 So. 2d 1082
La. Ct. App. 5th Cir. 2007
State v. Tart, 93-772 (La.2/9/96), .
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State v. Blank
955 So. 2d 90
La. 2007
See State v. Howard, 98-0064 (La.2/23/99), (defendant and several others savagely beat and stabbed 82-year-old female victim in her home); State v. Robertson, supra, (defendant savagely stabbed an elderly couple to death during robbery in their home; victims were 76 and 71); State v. Tart, 92-0772 (La.2/9/96), (defendant bound and repeatedly stabbed elderly couple to death during robbery in their home; victims were 70 and 66); State v. Burrell, supra (defendant shot couple, age 65 and 56, in the
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State v. Draughn
950 So. 2d 583
La. 2007
State v. Tart, XXXX-XXXX p. 18 (La.2/9/96), , cert.
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State v. Delaune
951 So. 2d 397
La. Ct. App. 5th Cir. 2007
[4] State v. Tart, 94-0025 (La.2/9/96), , cert.
- State of Louisiana v. Donald Cogswell, Jr. La. Ct. App. 3d Cir. 2005
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State v. Cogswell
918 So. 2d 590
La. Ct. App. 3d Cir. 2005
State v. Tart, 94-0025, p. 19 (La.2/9/96), ; ...
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State v. Juniors
915 So. 2d 291
La. 2005
1745 , 161 L.Ed.2d 612 (2005); State v. Duncan, 99-2615, p. 27 (La.10/16/01), -553 ; State v. Tart, 93-0772 p. 18 (La.2/9/96), .
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State v. Lagarde
917 So. 2d 623
La. Ct. App. 5th Cir. 2005
[5] State v. Tart, 93-772 (La.2/9/96), , cert.
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State v. Gatti
914 So. 2d 74
La. Ct. App. 2d Cir. 2005
State v. Tart, 93-0772 (La.2/9/96), .
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State v. Bell
896 So. 2d 1236
La. Ct. App. 3d Cir. 2005
State v. Tart, 93-0772, p. 19 (La.2/9/96)
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State v. James
897 So. 2d 821
La. Ct. App. 4th Cir. 2005
XXXX-XXXX (La.6/18/03), 847So.2d 1217 [2] See also State v. Tart, 93-0772 (La.2/9/96), , where the Court found the State sustained its burden of showing a knowing waiver.
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State v. Gray
891 So. 2d 1260
La. 2005
See State v. Tart, 93-0772 (La.2/9/96), ; cert.
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State v. Jones
891 So. 2d 760
La. Ct. App. 4th Cir. 2004
State v. Strickland, 94-0025, pp. *780 51-52 (La.11/1/96), ; see also State v. Tart, 93-0772, p. 55 (La.2/9/96), .
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State v. Manning
885 So. 2d 1044
La. 2004
Cf. State v. Tart, 93-0772 (La.2/9/96), (acknowledging that "[a]lthough the mere presence of African-American jurors does not necessarily defeat a Batson claim, the unanimity requirement of a capital case sentencing recommendation may be considered.").
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State v. Gray
874 So. 2d 893
La. Ct. App. 1st Cir. 2004
In State v. Tart, 93-0772, pp. 23-25 (La.2/9/96), , the Supreme Court upheld a trial court’s decision that the statements made by the defendant to a minister were not protected by the clergyman-penitent privilege found in former La.
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State of Louisiana v. Brian Keith Poullard
La. Ct. App. 3d Cir. 2003
1246, 1265, 113 L.Ed.2d 302 (1991).” State v. Tart, 93-0772 (La.2/9/96), cert.
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State v. Poullard
863 So. 2d 702
La. Ct. App. 3d Cir. 2003
State v. Tart, 93-0772 (La.2/9/96), , cert.
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State v. Cisco
861 So. 2d 118
La. 2003
State v. Tart, 94-0025, p. 19 (La.2/9/96), *130
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State v. Clark
851 So. 2d 1055
La. 2003
See State v. Howard, 98-0064, (defendant and several others savagely beat and stabbed 82-year-old female victim in her home); State v. Robertson, 97-0177 (La.3/4/98), (defendant savagely stabbed an elderly couple to death during robbery in their home; victims were 76 and 71); State v. Tart, 92-0772 (La.2/9/96), (defendant bound and repeatedly stabbed elderly couple to death during robbery in their home; victims were 70 and 66); Wingo, (defendant and co-defendant escaped from jail, burglarized th
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State v. Robertson
843 So. 2d 672
La. Ct. App. 1st Cir. 2003
State v. Tart, 93-0772, p. 23 (La.2/9/96), ; State v. Samuels, 94-1408, p. 7 (La.App.
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State v. Raiford
846 So. 2d 913
La. Ct. App. 4th Cir. 2003
See, State v. Tart, 93-0772 (La.2/9/96), , cert.
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State v. Griffin
839 So. 2d 1148
La. Ct. App. 3d Cir. 2003
State v. Tart, 93-0772 (La.2/09/96), , cert.
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State v. Narcisse
833 So. 2d 1186
La. Ct. App. 2d Cir. 2002
In State v. Tart, 93-0772 (La.2/9/96), , cert.
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State v. Sylvester
834 So. 2d 1184
La. Ct. App. 1st Cir. 2002
State v. Tart, 93-0772, p. 23 (La.2/9/96), ; State v. Samuels, 94-1408, p. 7 (La.App.
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State v. Dunn
831 So. 2d 862
La. 2002
Cf. State v. Tart, 93-0772, p. 15 (La.2/9/96), *880 (A challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the juror's responses as a whole reveal facts from which bias, prejudice, or inability to render judgment according to law may be reasonably implied.).
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State v. Pugh
831 So. 2d 341
La. Ct. App. 5th Cir. 2002
See, State v. Tart, 93-0772 (La.2/9/96), , cert.
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State v. Clark
828 So. 2d 1173
La. Ct. App. 4th Cir. 2002
Just as the Louisiana Supreme Court rejected the same argument in State v. Strickland, 94-0025, pp. 51-52 (La.11/1/96), , 239 and State v. Tart, 93-0772, p. 55 (La.2/9/96), , this Court now rejects defendant's argument on this assignment of error.
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State v. Bridgewater
823 So. 2d 877
La. 2002
See State v. Broaden, 99-2124, (La.2/21/01), ; State v. Wessinger, 98-1234 (La.5/28/99), ; State v. Robertson, 97-0177 (La.3/4/98), ; State v. Tyler, 97-0338 (La.9/9/98) ; State v. Baldwin, 96-1660 (La.12/12/97), ; State v. Ortiz, 96-1609 (La.10/21/97), ; State v. Tart, 93-0772 (La.2/9/96), ; State v. Taylor, 93-2201 (La.2/28/96), .
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State v. Bowie
813 So. 2d 377
La. 2002
.2d 8 (elderly couple killed by an intruder who twice entered their home to remove items for pawning; at the second entry they awoke and were stabbed to death); State v. Hamilton, 92-1919 (La.9/5/96), (priest in home/rectory was bound, tortured pitilessly, stabbed, bludgeoned and strangled; the offenders fled in a vehicle belonging to the victim); State v. Tart, 92-0772(La.2/9/96), (70-year-old husband and his 66-year-old wife died as result of multiple stabbing and cutting wounds in their home;
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State v. Sharp
810 So. 2d 1179
La. Ct. App. 2d Cir. 2002
State v. Tart, 93-0772 (La.2/9/96), , cert.
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State v. Burbank
811 So. 2d 1112
La. Ct. App. 4th Cir. 2002
State v. Strickland, 94-0025, pp. 51-52 (La.11/1/96), ; State v. Tart, 93-0772, p. 55 (La.2/9/96), .
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State v. LaCaze
824 So. 2d 1063
La. 2002
ing them and shot each one in the back of the head); State v. Baldwin, 96-1660 (La.12/12/97), (defendant shot and killed his estranged wife and three men who were present at the time with a sawed-off shotgun); State v. Ortiz, 96-1609 (La.10/21/97), (murder-forhire scheme resulting in death of defendant's wife and a visiting friend); State v. Tart, 93-0772 (La.2/9/96), (defendant murdered his wife and severely wounded her mother); State v. Taylor, 93-2201 (La.2/28/96), (ex-employee returns to res
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State v. Hayes
806 So. 2d 816
La. Ct. App. 5th Cir. 2001
State v. Tart, 93-0772, p. 23 (La.2/9/96), , cert.
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State v. Franklin
803 So. 2d 1057
La. Ct. App. 2d Cir. 2001
State v. Tart, 93-0772 (La.02/09/96), , U.S. cert.
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State v. Duncan
802 So. 2d 533
La. 2001
State v. Taylor, 99-1311 at p. 6 (La.1/17/01), -13 (noting that one African-American was on the actual jury and that the state had not exhausted all of its peremptory challenges); State v. Tart , 93-0772 p. 18 (La.2/9/96), (acknowledging that mere presence of African-American jurors does not defeat a Batson *553 claim, yet capital case unanimity requirement may be considered).
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State v. Washington
793 So. 2d 376
La. Ct. App. 1st Cir. 2001
State v. Strickland, 94-0025, pp. 51-52 (La.11/1/96), ; State v. Tart, 93-0772, p. 55 (La.2/9/96), .
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State v. Washington
793 So. 2d 376
La. Ct. App. 4th Cir. 2001
State v. Strickland, 94-0025, pp. 51-52 (La.11/1/96), ; State v. Tart, 93-0772, p. 55 (La.2/9/96), .