Cited by
Opinions in Louisiana that cite State v. Mitchell, 674 So. 2d 250.
- State of Louisiana v. Terrence Armstrong A/K/A Terrance Armstrong A/K/A Dugga La. Ct. App. 3d Cir. 2024
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State of Louisiana v. Allen Joseph Fontenot
La. Ct. App. 3d Cir. 2023
570, [139] L.Ed.2d [410] [(1997)] ( “we need not reach the issue of whether the failure to dismiss [prospective juror] Ms. Myers for cause was error because the defense did not use all its peremptory challenges”); State v. Mitchell, 94–2078 (La.5/21/96), (“In the instant case, we need not reach the issue of whether there was an erroneous denial of defendant’s challenge for cause, since the record reveals that defendant failed to use all his peremptory challenges.”).
- State Of Louisiana v. Shane Christian Pagano La. Ct. App. 1st Cir. 2021
- State of Louisiana v. Travis Boys La. Ct. App. 4th Cir. 2021
- State Of Louisiana v. Rusty Willie La. Ct. App. 1st Cir. 2021
- State of Louisiana v. Johnny E. Jefferson Jr. La. Ct. App. 4th Cir. 2020
- State Of Louisiana v. Ronald St. Cyre La. Ct. App. 1st Cir. 2019
- State v. Devillier 258 So. 3d 230 La. Ct. App. 1st Cir. 2018
- State v. Domingue 244 So. 3d 489 La. Ct. App. 1st Cir. 2018
- State of Louisiana v. Michael Adam Domingue La. Ct. App. 3d Cir. 2018
- State v. Nixon 250 So. 3d 273 La. Ct. App. 1st Cir. 2018
- State of Louisiana v. Michael Kees La. Ct. App. 3d Cir. 2017
- State v. Young 216 So. 3d 236 La. Ct. App. 2d Cir. 2017
- State v. Hicks 213 So. 3d 458 La. Ct. App. 5th Cir. 2017
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State v. Vansant
170 So. 3d 1059
La. Ct. App. 1st Cir. 2015
See State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Castillo
167 So. 3d 624
La. Ct. App. 1st Cir. 2014
The Louisiana Supreme Court has recognized that “much credit should be accorded to the good sense and fairmindedness of jurors who have seen the evidence and heard the argument, and have been instructed repeatedly by the trial judge that arguments of counsel are not evidence.” State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Lawrence
120 So. 3d 812
La. Ct. App. 1st Cir. 2013
State v. Casey, 99-0023, p. 17 (La.1/26/00) ; State v. Mitchell, 94-2078, p. 11 (La.5/21/96), .
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State v. Jackson
115 So. 3d 1155
La. Ct. App. 1st Cir. 2013
State v. Casey, 99-0023, p. 17 (La.1/26/00) ; State v. Mitchell, 94-2078 (La.5/21/96), .
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State v. Miller
83 So. 3d 178
La. Ct. App. 1st Cir. 2011
The Louisiana Supreme Court has recognized that “much credit should be accorded to the good sense and fairmindedness of jurors who have seen the evidence and heard the argument, and have been instructed repeatedly by the trial judge that arguments of counsel are not evidence.” State *193 v. Mitchell, 94-2078 (La.5/21/96), , cert.
- State of Louisiana v. Mary Henderson Trahan La. Ct. App. 3d Cir. 2011
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State v. Trahan
69 So. 3d 1240
La. Ct. App. 1st Cir. 2011
The Louisiana Supreme Court has held that “much credit should be accorded to the good sense and fairmindedness of jurors who have seen the evidence and heard the argument, and have been instructed repeatedly by the trial judge that arguments of counsel are not evidence.” State v. Mitchell, 94-2078, p. 11 (La.5/21/96), , cert.
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State v. Nickles
60 So. 3d 728
La. Ct. App. 2d Cir. 2011
See State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Wilson
28 So. 3d 394
La. Ct. App. 1st Cir. 2009
The laiLouisiana Supreme Court has recognized that “much credit should be accorded to the good sense and fairmindedness of jurors who have seen the evidence and heard the argument, and have been instructed repeatedly by the trial judge that arguments of counsel are not evidence.” State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Reeves
11 So. 3d 1031
La. 2009
1940 , 164 L.Ed.2d 669 (2006); State v. Mitchell, 1994-2078 (La.5/21/96), , cert.
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State v. Robbins
986 So. 2d 828
La. Ct. App. 2d Cir. 2008
State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Campbell
983 So. 2d 810
La. 2008
See State v. Mitchell, 1994-2078, p. 5 (La.5/21/96), , cert.
- STATE OF LOUISIANA VERSUS HECTOR LEYVA-MARTINEZ AKA HECTOR L. MARTINEZ AKA HECTOR LEYVA AKA HECTOR LAZARO LEYVA MARTINEZ La. Ct. App. 3d Cir. 2008
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State v. Leyva-Martinez
981 So. 2d 276
La. Ct. App. 3d Cir. 2008
More appropriate language was addressed in State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Pinion
968 So. 2d 131
La. 2007
A trial court's erroneous ruling which deprives a defendant of a peremptory challenge substantially violates that defendant's rights."); cf. State v. Connolly, 96-1680, p. 10 (La.7/1/97), (failure to remove juror with a remaining peremptory challenge waives appellate review of trial court's denial of a cause challenge to the jury); State v. Mitchell, 94-2078, p. 4 (La.5/21/96), (the Court need not reach the question of whether there was an erroneous denial of a cause challenge when the defendant
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State v. Frank
957 So. 2d 724
La. 2007
See e.g. State v. Mitchell 94-2078, pp. 11-12 (La.5/21/96), -58 (La.1996)(argument by prosecutor requesting jurors to impose "same penalty" that defendant imposed on victim "although in a much nicer manner," not reversible error.).
- State of Louisiana v. Kenneth Tittle La. Ct. App. 3d Cir. 2007
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State v. Smith
935 So. 2d 797
La. Ct. App. 2d Cir. 2006
State v. Mitchell, 94-2078 (La.05/21/96), , cert.
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State v. Lai
902 So. 2d 550
La. Ct. App. 5th Cir. 2005
State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Jones
884 So. 2d 582
La. 2004
we need not reach the issue of whether failure to dismiss [a prospective juror] for cause was error because the defense did not use all its peremptory challenges."); State v. Mitchell, 94-2078 p. 4 (La.5/21/96), , cert.
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State v. Uloho
875 So. 2d 918
La. Ct. App. 5th Cir. 2004
State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Hotard
864 So. 2d 748
La. Ct. App. 5th Cir. 2003
[7] See, State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Dilosa
849 So. 2d 657
La. Ct. App. 1st Cir. 2003
State v. Mitchell, 94-2078, p. 11 (La.5/21/96), , cert.
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State v. LaCaze
824 So. 2d 1063
La. 2002
1169 , 140 L.Ed.2d 179 (1998); State v. Mitchell, 94-2078 (La.5/21/96), (1996)(22 year old mildly retarded defendant with an IQ of between 61 and 71 had full opportunity to present this evidence but that neither federal nor state constitution precluded execution), cert.
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State v. King
804 So. 2d 57
La. Ct. App. 4th Cir. 2001
State v. Deruise, 98-0541 (La.4/3/01), ; State v. Mitchell, 94-2078 (La.5/21/96), .
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State v. Deruise
802 So. 2d 1224
La. 2001
State v. Mitchell, 94-2078, p. 6 (La.5/21/96), ; State v. Cousan, 94-2503, pp. 15-16 (La.11/25/96), -92 .
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State v. Lewis
782 So. 2d 662
La. Ct. App. 4th Cir. 2001
State v. Mitchell, 94-2078 (La.5/21/96), ., cert.
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State v. Brown
780 So. 2d 536
La. Ct. App. 1st Cir. 2001
State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Coleman
756 So. 2d 1218
La. Ct. App. 2d Cir. 2000
State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Hundley
760 So. 2d 417
La. Ct. App. 3d Cir. 2000
570 , 139 L.Ed.2d 410 ("we need not reach the issue of whether the failure to dismiss [prospective juror] Ms. Myers for cause was error because the defense did not use all its peremptory challenges"); State v. Mitchell, 94-2078 (La.5/21/96), ("In the instant case, we need not reach the issue of whether there was an erroneous denial of defendant's challenge for cause, since the record reveals that defendant failed to use all his peremptory challenges.").
- State v. Hill 742 So. 2d 690 La. Ct. App. 5th Cir. 1999
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State v. Hampton
750 So. 2d 867
La. 1999
(unpublished appendix) (taken in their entirety, prosecutor's comments regarding the defendant's mitigating evidence of his mental retardation were not unfair and did not invite jurors to reject mental retardation as a mitigating circumstance; prosecutor simply questioned whether the defendant had establishe
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State v. Wessinger
736 So. 2d 162
La. 1999
570 , ___ L.Ed.2d ___ ( "we need not reach the issue of whether the failure to dismiss [prospective juror] Ms. Myers for cause was error because the defense did not use all its peremptory challenges"); State v. Mitchell, 94-2078 (La.5/21/96), ("In the instant case, we need not reach the issue of whether there was an erroneous denial of defendant's challenge for cause, since the record reveals that defendant failed to use all his peremptory challenges.").
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State v. Howard
751 So. 2d 783
La. 1999
See also State v. Mitchell, 94-2078 (La.5/21/96), , cert.
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State v. Castleberry
758 So. 2d 749
La. 1999
State v. Mitchell, 94-2078 (La.5/21/96), ; State v. Cousan, 94-2503 (La.11/25/96), .
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State v. Ewens
735 So. 2d 89
La. Ct. App. 5th Cir. 1999
The Louisiana Supreme Court addressed the same issue in State v. Mitchell, 94-2078 (La.5/21/96), -55 , cert.