Cited by

Opinions in Louisiana that cite State v. Smith, 679 So. 2d 380.

4 citing documents.

State v. Allen 824 So. 2d 344 La. 2002
Cf. State v. Smith, 95-0061, p. 1 (La.9/11/96), (Calogero, C.J. concurring in denial of reh'g) ("In the single trial context, the Double Jeopardy Clause serves only to constrain the sentencing court to punishing according to legislative intent.")(citing Hunter, 459 U.S. at 366 , 103 S.Ct.
State v. Bailey 713 So. 2d 588 La. Ct. App. 5th Cir. 1998
However, in State v. Smith, 95-0061 (La.7/2/96), -1070 , reh'g denied, 95-0061 (La.9/11/96), , the Supreme Court explained the protection against double jeopardy as follows: Both the United States and the Louisiana Constitutions protect individuals against the peril of twice being put in jeopardy for the same offense.
State v. Gaines 688 So. 2d 679 La. Ct. App. 4th Cir. 1997
[5] See also, State v. Smith, 95-0061 (La.7/2/96), , reh'g denied .
State v. Woodberry 686 So. 2d 984 La. Ct. App. 4th Cir. 1996
We also note the approach taken in the recent case of State v. Smith, 95-0061 (La.7/2/96), , reh'g denied, , wherein the Supreme Court, after recognizing the Blockburger and "same evidence" test, also applied what it termed a "common sense" principle.