Cited by

Opinions in Louisiana that cite State v. Deruise, 802 So. 2d 1224.

156 citing documents.

State v. Hollins 123 So. 3d 840 La. Ct. App. 1st Cir. 2013
State v. Demise, 98-0541, p. 10 (La.4/3/01), .
State v. Jones 123 So. 3d 758 La. Ct. App. 1st Cir. 2013
State v. Deruise, 98-0541 (La.4/3/01), cert.
State v. York 121 So. 3d 1226 La. Ct. App. 2d Cir. 2013
State v. Deruise, 1998-0541 (La.4/3/01), ; State v. Wade, 39,797 (La.App.
State v. Cooper 120 So. 3d 844 La. Ct. App. 1st Cir. 2013
4 Cir. 6/18/08), , this Court cited State v. Deruise, 98-0541, p. 7 (La.4/3/01), , for its discussion of the standard for reviewing a trial court’s ruling on a motion to sever counts: A motion to sever is addressed to the sound discretion of the trial court, and the court’s ruling should not be disturbed on appeal absent a showing of an abuse of discretion.
State of Louisiana v. Demarcus W. Law La. Ct. App. 3d Cir. 2013
749, 773 (three unrecorded bench conferences during direct examination of state witnesses had no discernible impact on the proceedings and the fourth concerned a mistrial motion by defense counsel, the basis of which was “easily ascertainable from the record” without regard to the unrecorded side-bar discussion); State v. Deruise, 98-0541, pp. 9-15 (La.4/3/01), -37 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause challenges did not
State v. Law 110 So. 3d 1271 La. Ct. App. 1st Cir. 2013
8, pp. 28-29 (La.4/13/99), (three unrecorded bench conferences during direct examination of state witnesses had no discernible impact on the proceedings and the fourth concerned a mistrial motion by defense counsel, the basis of which was “easily ascertainable from the record” without regard to the unrecorded sidebar discussion); State v. Deruise, 98-0541, pp. 9-15 (La.4/3/01), -37 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause ch
State v. Grimes 109 So. 3d 1007 La. Ct. App. 1st Cir. 2013
The Louisiana Supreme Court set forth the applicable jurisprudence in State v. Deruise, 98-0541, p. 7 (La.4/3/01), , as follows: A motion to sever is addressed to the sound discretion of the trial court, and the court’s ruling should not be disturbed on appeal absent a showing of an abuse of discretion.
State v. Galle 107 So. 3d 916 La. Ct. App. 1st Cir. 2013
State v. Demise, 98-0541, p. 7 (La.4/3/01), .
State v. Boyd 104 So. 3d 642 La. Ct. App. 1st Cir. 2012
We note, too, the Louisiana Supreme Court’s decision in State v. Demise, 98-0541 (La.4/3/01), , a capital murder case.
State of Louisiana v. Jody D. Hamilton La. Ct. App. 3d Cir. 2012
So.2d 749, 773 (three unrecorded bench conferences during direct examination of state witnesses had no discernible impact on the proceedings and the fourth concerned a mistrial motion by defense counsel, the basis of which was “easily ascertainable from the record” without regard to the unrecorded side-bar discussion); State v. Deruise, 98-0541, pp. 9-15 (La.4/3/01), -37 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause challenges di
State v. Hugle 104 So. 3d 598 La. Ct. App. 1st Cir. 2012
4 Cir. 6/18/08) , , this Court cited State v. Demise, 98-0541, p. 7 (La|l/3/01),15 , for its discussion of the standard for reviewing a trial court’s ruling on a motion to sever counts: A motion to sever is addressed to the sound discretion of the trial court, and the court’s ruling should not be disturbed on appeal absent a showing of an abuse of discretion.
State v. Ott 102 So. 3d 944 La. Ct. App. 5th Cir. 2012
State v. Deruise, 98-0541 (La.4/3/01); , cert.
State v. Magee 103 So. 3d 285 La. 2012
ying of man and his elderly mother during robbery/burglary of their home); State v. Deal, 00-0434 (La.11/28/01), (2-month-old victim died from skull fracture and paper towels forced down throat); State v. Smith, 98-1417 (La.6/29/01), (armed intruders killed 3-year-old boy, his mother and her boyfriend, with - multiple gunshots); State v. Deruise, 98-0541 (La.4/3/01), (11-month-old infant killed by single gunshot wound to the head); Frank, 99-0553 (La.1/17/01), (brother and sister gunned down, al
State v. Molere 99 So. 3d 1050 La. Ct. App. 1st Cir. 2012
4 Cir. 4/9/03) , ; State v. Demise, 98-0541 (La.4/3/01), ; (La.App.
State of Louisiana v. Terrance L. Sinegal La. Ct. App. 3d Cir. 2012
ences during direct examination of state witnesses had no discernible impact on the proceedings and the 30 fourth concerned a mistrial motion by defense counsel, the basis of which was ―easily ascertainable from the record‖ without regard to the unrecorded side-bar discussion); State v. Deruise, 98-0541, pp. 9-15 (La.4/3/01), -37 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause challenges did not prejudice the appeal when the jury s
State v. Sinegal 97 So. 3d 649 La. Ct. App. 1st Cir. 2012
-29 (La.4/13/99), (three unrecorded bench conferences during direct exami *669 nation of state witnesses had no discernible impact on the proceedings and the | ^fourth concerned a mistrial motion by defense counsel, the basis of which was “easily ascertainable from the record” without regard to the unrecorded sidebar discussion); State v. Deruise, 98-0541, pp. 9-15 (La.4/3/01), -87 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause ch
State of Louisiana v. L. W. La. Ct. App. 3d Cir. 2012
conferences during direct examination of state witnesses had no discernible impact on the proceedings and the fourth concerned a mistrial motion by defense counsel, the basis of which was ―easily ascertainable from the record‖ without regard to the unrecorded side-bar discussion); State v. Deruise, 98-0541, pp. 9-15 17 (La.4/3/01), -37 (failure to record bench conferences in which the prosecutor and defense counsel made their peremptory and cause challenges did not prejudice the appeal when the
State v. Higginbotham 122 So. 3d 1 La. Ct. App. 2d Cir. 2012
State v. Deruise, 98-0541 (La.4/3/01), , cert.
State of Louisiana v. Marlon Roberson La. Ct. App. 3d Cir. 2012
State v. Smith 79 So. 3d 1030 La. 2012
art. 495.1; State v. Demise, 98-0541, p. 7 (La.4/3/01), .
State v. Carter 84 So. 3d 499 La. 2012
3d Cir.4/6/11), , writ pending); State v. Deruise, 98-0541 (La.4/3/01), (defendant shot and killed an eleven-month-old infant during an armed robbery); State v. Deal, 00-0434 (La.11/28/01), (defendant killed his two-month-old son by sticking a paper towel down the child’s throat to cut off his airway, and when this did not succeed in stopping the child’s crying, the defenda
State v. Ruffin 82 So. 3d 497 La. Ct. App. 1st Cir. 2011
State v. Deruise, 1998-0541, p. 8 (La.4/3/01)
State v. McElveen 73 So. 3d 1033 La. Ct. App. 1st Cir. 2011
In State v. Demise, 98-0541 (La.4/3/01), , the Court addressed a similar complaint by a defendant regarding alleged deficiencies in his appellate record.
State v. Fortenberry 73 So. 3d 391 La. Ct. App. 1st Cir. 2011
[[Image here]] In State v. Deruise, 98-0541 (La.4/3/01), , cert.
State v. Harrell 40 So. 3d 311 La. Ct. App. 1st Cir. 2010
State v. Deruise, 98-0541 (La.4/3/01), , cert.
State v. Lomax 35 So. 3d 396 La. Ct. App. 1st Cir. 2010
art. 495.1 provides that if the defendant or the State is prejudiced by the joinder of offenses in a bill of information or at trial, “the court may order separate trials, grant a severance of offenses, or provide whatever other relief justice requires.” In State v. Deruise, 98-0541, p. 7 (La.4/3/01), , the Court discussed the standard for reviewing a trial court’s ruling on a motion to sever counts: A motion to sever is addressed to the sound discretion of the trial court, and the court’s rulin
State v. Wiltz 28 So. 3d 554 La. Ct. App. 1st Cir. 2009
State v. Deruise, 98-0 541, p. 26 (La.4/3/01), .
State of Louisiana v. Bryan Means La. Ct. App. 3d Cir. 2009
State v. Means 25 So. 3d 254 La. Ct. App. 3d Cir. 2009
State v. Fontenberry 27 So. 3d 904 La. Ct. App. 1st Cir. 2009
State v. Deruise, 98-0541, p. 7 (La.4/3/01), (citing State v. Davis, 92-1623, p. 9 (La.5/23/94), ).
State v. Johnson 22 So. 3d 205 La. Ct. App. 1st Cir. 2009
Cf. State v. Deruise, 98-0541, p. 12 (La.4/3/01), -1245 .
State v. Edwards 17 So. 3d 1037 La. Ct. App. 2d Cir. 2009
1279 , 167 L.Ed.2d 100 (2007); State v. Deruise, 98-0541 (La.4/3/01), , cert.
State v. Schaller 15 So. 3d 1046 La. Ct. App. 1st Cir. 2009
State v. Deruise, 98-0541 (La.4/3/01), , cert.
State v. Butler 15 So. 3d 1091 La. Ct. App. 1st Cir. 2009
State v. Deruise, 98-0541 (La.4/3/01), , cert.
State of Louisiana v. Terrell Stipe La. Ct. App. 3d Cir. 2009
State v. Deruise, 98-0541, p. 11 (La.4/3/01), cert.
State v. Stipe 4 So. 3d 189 La. Ct. App. 1st Cir. 2009
State v. Deruise, 98-0541, p. 11 (La.4/3/01), , cert.
State of Louisiana v. Norris A. Palms La. Ct. App. 3d Cir. 2008
1279 (2007), the supreme court discussed ineffective assistance of counsel claims as follows: “Initially we note that ineffective assistance of counsel claims are usually addressed in post-conviction proceedings, rather than on direct appeal.” State v. Deruise, 1998-0541 p. 35 (La.4/3/01), -1248, cert.
State v. Neely 3 So. 3d 532 La. Ct. App. 1st Cir. 2008
*536 State v. Deruise, 98-0541 (La.4/3/01), , cert.
State v. Davis 993 So. 2d 295 La. Ct. App. 5th Cir. 2008
[7] In State v. Demise, 98-0541, p. 16 (La.4/3/01), , cert.
State v. Bellow 993 So. 2d 307 La. Ct. App. 5th Cir. 2008
State v. Demise, 98-0541, p. 7 (La.4/3/01), , cert, denied, 534 U.S. 926 , 122 S.Ct.
State v. Smith 989 So. 2d 816 La. Ct. App. 4th Cir. 2008
Moreover, ineffective assistance of counsel claims are generally addressed in post-conviction proceedings rather than on direct appeal, State v. Deruise, XXXX-XXXX, p. 35 (La.4/3/01), -1248 , cert.
State v. Decay 989 So. 2d 132 La. Ct. App. 5th Cir. 2008
[25] State v. Demise, 98-0541, p. 7 (La.4/3/01), , cert.
State v. Nix 987 So. 2d 855 La. Ct. App. 1st Cir. 2008
art. 495.1 provides that if the defendant or the State is prejudiced by the joinder of offenses in a bill of information or at trial, “the court may order separate trials, grant a severance of offenses, or provide whatever other relief justice requires.” In State v. Deruise, 98-0541, p. 7 (La.4/3/01), , the Court discussed the standard for reviewing a trial court’s ruling on a motion to sever counts: A motion to sever is addressed to the sound discretion of the trial court, and the court’s rulin
State v. Cheatteam 986 So. 2d 738 La. Ct. App. 5th Cir. 2008
State v. Demise, 98-0541 (La.4/3/01), , cert, denied, Demise v. Louisiana, 534 U.S. 926 , 122 S.Ct.
State of Louisiana v. Ezekiel Maurice McGinnis La. Ct. App. 3d Cir. 2008
State of Louisiana v. Terrance Cotrell Robinson La. Ct. App. 3d Cir. 2008
The analysis for such a claim is well-settled: “Initially we note that ineffective assistance of counsel claims are usually addressed in post-conviction proceedings, rather than on direct appeal.” State v. Deruise, 1998-0541 p. 35 (La.4/3/01), -1248, cert.
State v. Robinson 981 So. 2d 867 La. Ct. App. 3d Cir. 2008
State v. Deruise, XXXX-XXXX p. 35 (La.4/3/01), -1248 , cert.
State v. McGinnis 981 So. 2d 881 La. Ct. App. 3d Cir. 2008
State v. Deruise, 98-541, pp. 16-17 (La.4/3/01), -38 , cert.
State v. Williams 977 So. 2d 160 La. Ct. App. 4th Cir. 2008
In so ruling, the Court distinguished State v. Deruise, 98-0541 (La.4/3/01), , where *176 the Court found that the missing bench conferences in which the parties made their challenges for cause and their peremptory challenges did not prejudice the defense because the record contained a jury strike sheet reflecting who challenged each prospective juror, and the transcript of voir dire "revealed
State of Louisiana v. Gerald Ray Lewis La. Ct. App. 3d Cir. 2007