Cited by
Opinions in Louisiana that cite State v. Smith, 748 So. 2d 1139.
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State Of Louisiana v. Justin Lee Warner
La. Ct. App. 1st Cir. 2020
10/ 29/ 99), per curiam) ( citing State v. Lozier, 375 So.
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State of Louisiana v. Corday Treveil Taylor
La. Ct. App. 3d Cir. 2020
general principle of accessorial liability [is] that when two or more persons embark on a concerted course of action, each person becomes responsible for not only his own acts but also for the acts of the other, including “ ‘deviations from the common plan which are the foreseeable consequences of carrying out the plan.’ ” State v. Smith, 98-2078, p. 7 (La.10/29/99), (quoting 2 Wayne R. LaFave and Austin Scott, Substantive Criminal Law, § 7.5, p. 212 (1986)).
- State of Louisiana v. Debbie E. Adams AKA Debbie Adams La. Ct. App. 3d Cir. 2016
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State v. Johnson
185 So. 3d 822
La. Ct. App. 1st Cir. 2015
State v. Smith, 98-2078 (La.10/29/99), (per curiam).
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State of Louisiana v. Ronald G. Acker, Jr.
La. Ct. App. 3d Cir. 2013
nt a general principle of accessorial liability that when two or more persons embark on a concerted course of action, each person becomes responsible for not only his own acts but also for the acts of the other, including “ „deviations from the common plan which are the foreseeable consequences of carrying out the plan.‟ ” State v. Smith, 98-2078, p. 7 (La.10/29/99), (quoting 2 Wayne R. LaFave and Austin Scott, Substantive Criminal Law, § 7.5, p. 212 (1986)).
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State v. Acker
111 So. 3d 535
La. Ct. App. 1st Cir. 2013
that matter, takes into account a general principle of accessorial liability that when two or more persons embark on a concerted course of action, each person becomes responsible for not only his own acts but also for the acts of the other, including “ ‘deviations from the common plan which are the foreseeable consequences of carrying out the plan.’ ” State v. Smith, 98-2078, p. 7 (La.10/29/99), (quoting 2 Wayne R. LaFave and Austin Scott, Substantive Criminal Law, § 7.5, p. 212 (1986)).
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State v. Jacobs
67 So. 3d 535
La. Ct. App. 1st Cir. 2011
5 Cir. 5/29/07), , writ denied, 07-1463 (La.1/7/08), (citing State v. Smith, 98-2078, *553 p. 7 (La.10/29/99), ).
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State v. Smith
23 So. 3d 291
La. 2009
that matter, takes into account a general principle of accessorial liability that when two or more persons embark on a concerted course of action, each person becomes responsible for not only his own acts but also for the acts of the other, including “ ‘deviations from the common plan which are the foreseeable consequences of carrying out the plan.’ ” State v. Smith, 98-2078, p. 7 (La.10/29/99), (quoting 2 Wayne R. LaFave and Austin Scott, Substantive Criminal Law, § 7.5, p. 212 (1986)).
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State v. Noel
997 So. 2d 879
La. Ct. App. 1st Cir. 2008
State v. Smith, 98-2078, p. 8 (La.10/29/99), (per curiam).
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State in the Interest of D. A.
La. Ct. App. 3d Cir. 2008
State v. Smith, 98-2078 (La.10/29/99), quoting Holloway v. Arkansas, 435 U.S. 475, 482, 98 S.Ct.
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State ex rel. D. A.
995 So. 2d 11
La. Ct. App. 1st Cir. 2008
State v. Smith, 98-2078 (La.10/29/99), , quoting Holloway v. Arkansas, 435 U.S. 475, 482 , 98 S.Ct.
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State Ex Rel. Da
995 So. 2d 11
La. Ct. App. 3d Cir. 2008
State v. Smith, 98-2078 (La.10/29/99), , quoting Holloway v. Arkansas, 435 U.S. 475, 482 , 98 S.Ct.
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State of Louisiana v. Francis Loncar
La. Ct. App. 3d Cir. 2007
Citing State v. Smith, 98-2078, p. 7 (La.10/29/99), the Wiley court further noted that [h]owever, under general principles of accessorial liability, “all parties [to a crime] are guilty for deviations from the common plan which are foreseeable consequences of carrying out the plan .
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State v. LONCAR
970 So. 2d 113
La. Ct. App. 3d Cir. 2007
Citing State v. Smith, 98-2078, p. 7 (La.10/29/99), , the Wiley court further noted that [h]owever, under general principles of accessorial liability, "all parties [to a crime] are guilty for deviations from the common plan which are foreseeable consequences of carrying out the plan .
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State v. McFarland
960 So. 2d 1142
La. Ct. App. 5th Cir. 2007
See, State v. Smith, 98-2078 (La.10/29/99), , internal citations omitted.
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State v. Baker
902 So. 2d 1247
La. Ct. App. 2d Cir. 2005
State v. Smith, 98-2078 (La.10/29/99), .
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State v. Burford
902 So. 2d 1190
La. Ct. App. 2d Cir. 2005
Gretchen also argues the trial court was in error to consider the dismissed aggravated burglary charge, because her entry into the Mays' home was with Mr. Mays' consent, and therefore her entry with an undeclared felonious intent is not "unauthorized" as required by the definition of burglary, citing State v. Smith, 1998-2078 (La.10/29/99), .
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State v. Wiley
880 So. 2d 854
La. Ct. App. 5th Cir. 2004
[8] State v. Smith, 98-2078, p. 7 (La.10/29/99), .
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State v. Roberts
864 So. 2d 860
La. Ct. App. 5th Cir. 2003
State v. Smith, 98-2078 (La.10/29/99), , quoting Holloway v. Arkansas, 435 U.S. 475, 482 , 98 S.Ct.
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State v. Wix
838 So. 2d 41
La. Ct. App. 4th Cir. 2003
State v. Smith, 98-2078, p. 7 (La.10/29/99), , quoting 2 LaFave & Scott, Substantive Criminal Law, § 7.5, p. 212, and citing State v. Anderson, 97-1301, p. 3 (La.2/6/98), .
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State v. B.J.D.
799 So. 2d 563
La. Ct. App. 2d Cir. 2001
State v. Smith, 98-2078 (La.10/29/99), .
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State v. BJD
799 So. 2d 563
La. Ct. App. 2d Cir. 2001
State v. Smith, 98-2078 (La.10/29/99), .
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State v. MM
802 So. 2d 43
La. Ct. App. 3d Cir. 2001
[40] State v. Smith, 98-2078 (La.10/29/99); .
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State v. M.M.
802 So. 2d 43
La. Ct. App. 1st Cir. 2001
State v. Smith, 98-2078 (La.10/29/99); .
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State v. Miller
792 So. 2d 104
La. Ct. App. 4th Cir. 2001
This issue was addressed in State v. Smith, 98-2078, p. 5 (La.10/29/99); , as follows: Because joint representation of co-defendants by the same counsel "is not per se violative of the constitutional guarantees of effective assistance of counsel," Holloway v. Arkansas, 435 U.S. 475, 482 , 98 S.Ct.
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State v. Schleve
775 So. 2d 1187
La. Ct. App. 1st Cir. 2000
State v. Smith, 98-2078 (La.10/29/99), .
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State v. Holder
771 So. 2d 780
La. Ct. App. 3d Cir. 2000
State v. Smith, 98-2078 (La.10/29/99); .
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State v. McGee
758 So. 2d 338
La. Ct. App. 4th Cir. 2000
State v. Smith, 98-2078 (La.10/29/99), , and cases cited therein.