Cited by
Opinions in Louisiana that cite State v. Miller, 718 So. 2d 960.
- State of Louisiana v. Jeremy Walker La. Ct. App. 2d Cir. 2023
- John David Dean v. Christie Lynn Burkeen La. Ct. App. 3d Cir. 2023
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State v. Bibbins
258 So. 3d 134
La. Ct. App. 1st Cir. 2018
9/9/98), , 962 ("the court must, at the request of the defendant, offer a limiting instruction to the jury at the time the evidence is introduced").
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State v. Ross
207 So. 3d 511
La. Ct. App. 1st Cir. 2016
9/9/98), (other crimes evidence was less serious than charged crimes and would “not unduly inflame the jury.”).
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State v. Thomassie
206 So. 3d 311
La. Ct. App. 1st Cir. 2016
9/9/98), (finding that although “patently prurient and highly inappropriate,” the “defendant’s statement to his neighbor’s child that he had seen her naked in his bedroom with her arms and legs open [was] admissible to show his intent to molest the victim of the charged offense and to show that the molestation was not an
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State v. Robertson
183 So. 3d 1287
La. 2016
See, e.g., State v. Miller, 98-0301 (La.9/9/98), (“[T]he court must, at the request of the defendant, offer a limiting instruction to the jury at the time the evidence is introduced.
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State v. Fair
182 So. 3d 1238
La. Ct. App. 1st Cir. 2015
See State v. Miller, 98-0301 (La.9/9/98), .
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State v. Dale
180 So. 3d 528
La. Ct. App. 2d Cir. 2015
State v. Miller, 98-0301 (La.9/9/98), State v. Jackson, supra, at 146.
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State v. Hunter
176 So. 3d 530
La. Ct. App. 1st Cir. 2015
See e.g., State v. Miller, 98-0301, p. 4 (La.9/9/98), ; State v. Keys, 12-1177, pp. 18-19 (La.App.
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State of Louisiana v. Ted Dwayne Stevens, Jr.
La. Ct. App. 3d Cir. 2014
State v. Miller, 98-0301, pp. 3-4 (La.9/9/98)
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State v. Stevens
140 So. 3d 1267
La. Ct. App. 1st Cir. 2014
State v. Miller, 98-0301, pp. 3-4 (La.9/9/98), .
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Jones v. Chatelain
148 So. 3d 576
La. Ct. App. 1st Cir. 2014
24 Furthermore, it is well-known and documented that sexual abuse of children is extremely difficult to detect, because “the offense often takes place in secret, the victim is young, vulnerable, and reluctant to testify, and there is often no physical or other evidence the abuse took place.” Folse v. Folse, 98-1976 (La.6/29/99), , quoting State v. Miller, 98-0301 (La.9/9/98), .
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State v. Keys
125 So. 3d 19
La. Ct. App. 1st Cir. 2013
State v. Miller, 98-301, p. 5 (La.9/9/98), .
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State v. Beaulieu
122 So. 3d 1050
La. Ct. App. 1st Cir. 2013
Id.; see also, State v. Miller, 98-0301, pp. 3-4 (La.9/9/98), .
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State v. Garcia
108 So. 3d 1
La. 2012
State v. Miller, 98-0301, pp. 3-4 (La.9/9/98), .
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State v. Lawrence
47 So. 3d 1003
La. Ct. App. 1st Cir. 2010
art. 404 B(l); State v. Miller, 98-0301, pp. 3-4 (La.9/9/98), .
- State v. GRH 10 So. 3d 896 La. Ct. App. 3d Cir. 2009
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State of Louisiana v. G. R. H.
La. Ct. App. 3d Cir. 2009
9/9/98), 5 Defendant asserts that since his intent was not at issue, evidence of other crimes was not admissible.
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State Ex Rel. Dg
11 So. 3d 548
La. Ct. App. 4th Cir. 2009
State v. Miller, 98-0301 (La.9/9/98), (where evidence of uncharged misconduct is admissible to show "lustful disposition").
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State ex rel. D.G.
11 So. 3d 548
La. Ct. App. 1st Cir. 2009
State v. Miller, 98-0301 (La.9/9/98), (where evidence of uncharged misconduct is admissible to show “lustful disposition”).
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State v. Ridgley
7 So. 3d 689
La. Ct. App. 1st Cir. 2009
State v. Cotton, 00-850, p. 12 (La.1/29/01), , reh’g granted in part for clarification, 00-850 (La.4/20/01), (relying on State v. Miller, 98-0301 (La.9/9/98), , explaining Prieur).
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State v. Colbert
990 So. 2d 76
La. Ct. App. 4th Cir. 2008
As per State v. Miller, 98-0301 (La.9/9/98), , the factor listed in art. 404 B(1) which the State intends to prove through the use of other crimes evidence must either be an element of the crime charged, be at issue in the case, or have some independent relevance to the case.
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State v. Crandell
987 So. 2d 375
La. Ct. App. 2d Cir. 2008
In State v. Miller, 98-0301 (La.9/9/98), , the supreme court observed: Several other statutory and jurisprudential rules also play a role in determining the admissibility of such evidence.
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State v. Mathieu
980 So. 2d 716
La. Ct. App. 4th Cir. 2008
As per State v. Miller, 98-0301 (La.9/9/98), , the factor listed in art. 404 B(1) which the State intends to prove through the use of other crimes evidence must either be an element of the crime charged, be at issue in the case, or have some independent relevance to the case.
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State v. Hotard
975 So. 2d 16
La. Ct. App. 5th Cir. 2007
In State v. Miller, 98-0301, pp. 11-14 (La.9/9/98), -67 , the Louisiana Supreme Court held that a "prurient and highly inappropriate statement" by the defendant to his neighbor's child was relevant to show the defendant's lustful disposition toward young girls.
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State v. Parker
963 So. 2d 497
La. Ct. App. 2d Cir. 2007
In State v. Miller, 98-0301 (La.09/09/98), , the supreme court discussed the additional concerns in admitting other crimes evidence: Several other statutory and jurisprudential rules also play a role in determining the admissibility of such evidence.
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Cls v. Gjs
953 So. 2d 1025
La. Ct. App. 4th Cir. 2007
State v. Miller, 98-0301 (La.9/9/98), .
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State of Louisiana v. W.D.F., Jr.
La. Ct. App. 3d Cir. 2007
9/9/98), the trial court must, at a defendant’s request, offer a limiting instruction to the jury.
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State v. Williams
950 So. 2d 126
La. Ct. App. 2d Cir. 2007
In State v. Miller, 98-0301 (La.09/09/98), , the supreme court discussed the additional concerns in similar cases: Several other statutory and jurisprudential rules also play a role in determining the admissibility of such evidence.
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State v. Ellis
880 So. 2d 214
La. Ct. App. 2d Cir. 2004
4th Cir.09/06/00), , writ denied, 00-2815 (La.09/14/01), (mother's ex-husband while babysitting); State v. Miller, 98-0301 (La.09/09/98), (uncle while babysitting); State v. Cook, 32,110 (La.App.2d Cir.06/16/99), (uncle while visiting at child's home); State v. Free, supra (uncle while girls were at his home and place of employment); (La.App.
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State v. Merritt
877 So. 2d 1079
La. Ct. App. 5th Cir. 2004
In State v. Miller, 98-301 (La.9/9/98), , the Louisiana Supreme Court set forth the applicable law pertaining to the admissibility of other crimes evidence as follows (footnote added): Article 404(B) of the Louisiana Code of Evidence provides the basic rule regarding the use of evidence of "other crimes, wrongs or acts" at trial.
- State of Louisiana v. Charles Brown, Jr. La. Ct. App. 3d Cir. 2004
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State v. Brown
874 So. 2d 318
La. Ct. App. 3d Cir. 2004
See State v. Miller, 98-0301 (La.9/9/98), .
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State v. Lyles
858 So. 2d 35
La. Ct. App. 5th Cir. 2003
and State v. Miller, 98-0301 (La.9/9/98), , we find, that the evidence of each crime in the instant case would have been admissible at the trial of the other.
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State v. Fortino
837 So. 2d 684
La. Ct. App. 5th Cir. 2002
See: State v. Hills, 99-1750 (La.5/16/00), ; State v. Miller, 98-0301 (La.9/9/98), .
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State v. Quiambao
833 So. 2d 1103
La. Ct. App. 2d Cir. 2002
art. 403; State v. Miller, 98-0301 (La.9/9/98), .
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State v. Williams
833 So. 2d 497
La. Ct. App. 5th Cir. 2002
State v. Miller, 98-301 (La.9/9/98), .
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State v. Morgan
830 So. 2d 304
La. Ct. App. 1st Cir. 2002
The trial court found the testimony admissible, noting that State v. Miller, 98-0301 (La.9/9/98), , held that “lustful disposition” evidence may be relevant to prove the element of specific intent.
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State v. Richard
807 So. 2d 1129
La. Ct. App. 5th Cir. 2002
In State v. Miller, 98-0301 (La.9/9/98), , the Louisiana Supreme Court set out the applicable law pertaining to the admissibility of other acts evidence as follows.
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State v. Aleman
809 So. 2d 1056
La. Ct. App. 5th Cir. 2002
See: State v. Miller, 98-0301 *1065 (La.9/9/98), ; State v. Cotton, 00-0850 (La.1/29/01), , reh'g granted in part, 00-0850 (La.4/20/01), .
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State v. Mills
806 So. 2d 59
La. Ct. App. 4th Cir. 2001
The trial court found the testimony admissible, noting that State v. Miller, 98-0301 (La.9/9/98), , held that "lustful disposition" evidence may be relevant to prove the element of specific intent.
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State v. Noil
807 So. 2d 295
La. Ct. App. 5th Cir. 2001
In State v. Miller, 98-0301 (La.9/9/98), , the Louisiana Supreme Court set out the law pertaining to the admissibility of other acts by a defendant as follows: Article 404(B) of the Louisiana Code of Evidence provides the basic rule regarding the use of evidence of "other crimes, wrongs or acts" at trial.
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State v. Morgan
791 So. 2d 100
La. 2001
See State v. Miller, 98-0301, p. 12 (La.9/9/98), ("Because specific intent is an element of the crime charged and because the [patently prurient and highly inappropriate] statement made to the unrelated victim is independently relevant to prove this intent, the evidence is admissible under La.C.E.
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State v. LeBlanc
788 So. 2d 1255
La. Ct. App. 5th Cir. 2001
art. 404(B), State v. Miller, 98-0301 (La.9/9/98), , and State v. Maise, 99-0734 (La.App.
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State v. Blanchard
786 So. 2d 701
La. 2001
See State v. Miller, 98-0301, pp. 11-12 (La.9/9/98), -67 .
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State v. Gibson
785 So. 2d 213
La. Ct. App. 4th Cir. 2001
In State v. Miller, 98-0301 (La.9/9/98), , the Louisiana *220 Supreme Court set out the applicable law pertaining to the admissibility of other acts by a defendant, stating: Article 404(B) of the Louisiana Code of Evidence provides the basic rule regarding the use of evidence of "other crimes, wrongs or acts" at trial.
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State v. Kennedy
803 So. 2d 916
La. 2001
Because the evidence sought to be introduced here is not independently relevant under any of the permitted purposes recited in Article 404(B), such as proof of motive, intent, or identity, we find that the court of appeal was correct in applying Article 404(B) of the Louisiana Code of Evidence and our decision in State v. Miller, 98-0301 (La.9/9/98), .
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State v. Barling
779 So. 2d 1035
La. Ct. App. 3d Cir. 2001
and State v. Miller, 98-0301 (La.9/9/98); .
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State v. Cotton
778 So. 2d 569
La. 2001
State v. Miller, 98-0301 (La.9/9/98), ; LA.CODE EVID.
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State v. Harris
781 So. 2d 73
La. Ct. App. 4th Cir. 2001
State v. Miller, 98-0301, p. 4 (La.9/9/98), , citing Pugh, Handbook on Louisiana Evidence Law 1996, 284.