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Cited by

Opinions in Louisiana that cite State v. Cavalier, 701 So. 2d 949.

49 citing documents.

  • State Of Louisiana v. Nicholas Cody Flanagan La. Ct. App. 1st Cir. 2024
    10/ 31/ 97), ( per curiam) citing Mesarosh v. United States, 352 U.S. 1, 9, 77 S. Ct. 1, 5, 1 L.Ed.2d 1, 5 1956)).
  • State Of Louisiana v. Melanie Barnett Curtin La. Ct. App. 1st Cir. 2023
    10/31/97), (per curiam).
  • State of Louisiana v. Anthony Scott Tubbs La. Ct. App. 2d Cir. 2019
  • State v. Mollerberg 260 So. 3d 599 La. Ct. App. 1st Cir. 2018
    10/31/97), , 951 (per curiam).
  • State v. Dufrene 251 So. 3d 1114 La. Ct. App. 1st Cir. 2018
    10/31/97), , 951 (per curiam).
  • State v. Wilson 220 So. 3d 35 La. Ct. App. 1st Cir. 2017
    10/31/97), -52 (per curiam).
  • State of Louisiana v. Robert Leroy McCoy 218 So. 3d 535 La. 2016
  • State v. Maise 167 So. 3d 592 La. 2015
    P. art. 851(B)(3); State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Maise 167 So. 3d 600 La. 2015
    P. art. 851(B)(3); State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Maise 167 So. 3d 608 La. 2015
    P. art. 851(B)(3); State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Maise 172 So. 3d 639 La. 2015
    P. art. 851(B)(3); State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Armstead 159 So. 3d 502 La. Ct. App. 1st Cir. 2015
    See State v. Cavalier, 96-3052, p. 3 (La.10/31/97); (per curiam).
  • State of Louisiana v. Quincy McKinnies, Jr. 171 So. 3d 861 La. 2014
    State v. Watts, 2000-0602, p. 6 (La.1/14/03); , citing also State v. Cavalier, 1996-3052, 1997-0103, p. 3 (La.10/31/97)
  • State v. Fields 151 So. 3d 756 La. Ct. App. 1st Cir. 2014
    | ai Further, in State v. Cavalier, 96-3052, pp. 3-4 (La.10/31/97), -952 , the Court commented on the motion for new trial based upon newly discovered evidence affecting only a witness’ credibility, stating: Newly discovered evidence affecting only a witness’s credibility “ordinarily will not support a motion for a new trial, because new evidence which is ‘merely cumulative or imp
  • State v. Taylor 143 So. 3d 1248 La. Ct. App. 1st Cir. 2014
    See State v. Cavalier, 96-3052, p. 3 (La.10/31/97), (per criam).
  • State v. Everett 156 So. 3d 705 La. Ct. App. 1st Cir. 2014
    In State v. Cavalier, 96-3052, pp. 3-4 (La.10/31/97), -952 , the Supreme Court recognized that: Newly discovered evidence affecting only a witness’s credibility “ordinarily will not support a motion for a new trial, because new evidence which is ‘merely cumulative or impeaching' is not, according to the often-repeated statement of the courts, an adequate basis for th
  • State v. Pierre 125 So. 3d 403 La. 2013
    art. 851(8); (“The trial judge’s duty [under art. 851(8) ] is not to weigh the new evidence as though he were a jury determining guilt or innocence, rather his duty is the narrow one of ascertaining whether there is new material fit for a new jury’s judgment.”); see also State v. Cavalier, 96-3052, pp, 3-4 (La.10/31/97), (“Newly discovered evidence affecting only a witness’s credibility ‘ordinarily will not support a motion for a new trial, because new evidence which is merely cumulative or impe
  • State v. Taylor 104 So. 3d 679 La. Ct. App. 1st Cir. 2012
    State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Smith 96 So. 3d 678 La. Ct. App. 1st Cir. 2012
    State v. Cavalier, 96-3052 and 97-0103, p. 3 (La.10/31/97), (quoting Mesarosh v. United States, 352 U.S. 1, 9 , 77 S.Ct.
  • State of Louisiana v. Brandon Dale Allen La. Ct. App. 3d Cir. 2011
    10/31/97), as follows: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his
  • State v. Allen 79 So. 3d 1220 La. Ct. App. 1st Cir. 2011
    The standard of review applicable to a motion for new trial based on newly discovered evidence was set forth in State v. Cavalier, 96-3052, 97-103, p. 3 (La.10/31/97), , as follows: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence; (3) that the evidence is material to the issues
  • State v. Bazley 60 So. 3d 7 La. Ct. App. 1st Cir. 2011
    1, 5 , 1 L.Ed.2d 1 (1956) and State v. Cavalier, 96-3052 (La.10/31/97), , this Court noted the following regarding newly discovered evidence that merely affects credibility: Newly discovered evidence affecting only a witness’ credibility ordinarily will not support a motion for a new trial, because new evidence which is ‘merely cumulative or impeaching’ is not, according to the often
  • State of Louisiana v. Jonathan Jude Gilbert La. Ct. App. 3d Cir. 2010
  • State v. Gilbert 41 So. 3d 566 La. Ct. App. 1st Cir. 2010
    State v. Cavalier, 96-3052, 97-103 (La.10/31/97), .
  • State v. Vallier 34 So. 3d 1168 La. Ct. App. 3d Cir. 2010
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), ; Knapper, 555 So.2d at 1339 .
  • State of Louisiana v. Carey Vallier, Jr. La. Ct. App. 3d Cir. 2010
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), Knapper, 555 So.2d at 1339.
  • State v. Nelson 39 So. 3d 658 La. Ct. App. 1st Cir. 2010
    1, 5 , 1 L.Ed.2d 1 (1956); State v. Cavalier, 96-3052 (La.10/31/97), ).
  • State of Louisiana v. Terrell Stipe La. Ct. App. 3d Cir. 2010
    10/31/97), the court explained: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence; (3) th
  • State v. Stipe 30 So. 3d 287 La. Ct. App. 3d Cir. 2010
    10/31/97), , the court explained: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence; (3) that the evidence is material to t
  • State of Louisiana v. Richard W. Black La. Ct. App. 3d Cir. 2009
    10/31/97), the supreme court stated: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence
  • State v. Beaner 974 So. 2d 667 La. Ct. App. 2d Cir. 2007
    State v. Cavalier, XXXX-XXXX and XXXX-XXXX (La.10/31/97), .
  • State v. Coleman 959 So. 2d 465 La. 2007
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), ; Knapper, 555 So.2d at 1339 .
  • State of Louisiana v. Elbertine Demery Sykes La. Ct. App. 3d Cir. 2003
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97)
  • State v. Sykes 857 So. 2d 638 La. Ct. App. 3d Cir. 2003
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97)
  • State v. Lyles 858 So. 2d 35 La. Ct. App. 5th Cir. 2003
    1, 5 , 1 L.Ed.2d 1 (1956) ; State v. Cavalier, 96-3052 (La.10/31/97), , 951 .
  • State v. Jones 850 So. 2d 782 La. Ct. App. 1st Cir. 2003
    State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Taves 846 So. 2d 1 La. Ct. App. 3d Cir. 2003
    State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), .
  • State v. Watts 835 So. 2d 441 La. 2003
    See State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97)
  • State v. Jason 820 So. 2d 1286 La. Ct. App. 3d Cir. 2002
    State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), .
  • State v. Brisban 809 So. 2d 923 La. 2002
    State v. Cavalier, 96-3052, p. 3 (La.10/31/97)
  • State v. Laird 800 So. 2d 427 La. Ct. App. 1st Cir. 2001
    State v. Cavalier, 96-3052, 97-0103, p. 3 (La.10/31/97), .
  • State v. Jones 792 So. 2d 117 La. Ct. App. 4th Cir. 2001
    State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Jacobs 803 So. 2d 933 La. 2001
    art. 854(1); State v. Cavalier, 96-3052, p. 3 (La.10/31/97), .
  • State v. Raines 788 So. 2d 635 La. Ct. App. 5th Cir. 2001
    State v. Cavalier, 96-3052 (La.10/31/97), ; State v. East, 99-1379 (La.App.
  • State v. Russell 764 So. 2d 93 La. Ct. App. 4th Cir. 2000
    State v. Cavalier, 96-3052, 97-0103 (La.10/31/97), .
  • State v. Lindsey 758 So. 2d 916 La. Ct. App. 1st Cir. 2000
    In State v. Cavalier, 96-3052 (La.10/31/97); , the court stated: A defendant seeking a new trial based on newly discovered 1 inevidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence; (3) that the evidence is material to the i
  • State v. Cherry 752 So. 2d 894 La. Ct. App. 2d Cir. 1999
    State v. Cavalier, 96,3052 (La.10/31/97), .
  • State v. Brooks 758 So. 2d 814 La. Ct. App. 4th Cir. 1999
    In State v. Cavalier, 96-3052 (La.10/31/97), , the court stated: A defendant seeking a new trial based on newly discovered evidence must establish four elements: (1) that the new evidence was discovered after trial; (2) that failure to discover the evidence before trial was not attributable to his lack of diligence; (3) that the evidence is material to the issue
  • State v. Johnson 734 So. 2d 800 La. Ct. App. 1st Cir. 1999
    1, 5 , 1 L.Ed.2d 1 (1956); State v. Cavalier, 96-3052, p. 3 (La.10/31/97); .