Cited by
Opinions in Louisiana that cite In re Lacobee, 831 So. 2d 835.
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State v. Terrick
857 So. 2d 1153
La. Ct. App. 5th Cir. 2003
State v. Williams, 01-1650, p. 14 (La.11/01/02), .
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State v. Carmouche
872 So. 2d 1020
La. 2003
Edwards, 02-0514 (La.3/21/03), , quoting State v. Williams, 01-1650, p. 27 (La.11/1/02), (implementing Atkins ), it is not appropriate for this Court to address the merits at this time or to order an evidentiary hearing on the claim.
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State v. Tate
851 So. 2d 921
La. 2003
Pointing out that neither he nor the State had the benefit of Atkins at the time of the penalty phase, he argues that there is sufficient indication of mental retardation in the record to entitle him to a remand of the matter, as was done in State v. Williams, 01-1650 (La.11/1/02), , and State v. Dunn, 01-1635 (La.1/11/02), .
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State v. Dunn
847 So. 2d 1183
La. 2003
State v. Williams, 01-1650, p. 27 (La.11/1/02), .
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State v. McLeod
843 So. 2d 1268
La. Ct. App. 3d Cir. 2003
State v. Williams, 01-1650, p. 10 (La.11/1/02); , citing, State v. Cross, 93-1189 (La.6/30/95), .
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State v. Price
842 So. 2d 491
La. Ct. App. 4th Cir. 2003
State v. Williams, XXXX-XXXX, p. 9-15 (La.11/01/02), -848 .
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State Ex Rel. Edwards v. Cain
841 So. 2d 768
La. 2003
Because the issue is a matter for the district court in the first instance, and because "not everyone faced with a death penalty sentence will automatically be entitled to a post- Atkins hearing," State v. Williams, 01-1650, p. 27 (La.11/1/02), (implementing Atkins ), it is not appropriate for this Court to address the merits at this time or to order an evidentiary hearing on the claim.
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State v. Cooper
839 So. 2d 995
La. Ct. App. 2d Cir. 2003
486, 491 , 112 L.Ed.2d 489 (1990); State v. Williams, XXXX-XXXX (La.11/1/02), .
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State v. Taylor
838 So. 2d 729
La. 2003
R]egardless of whether the defendant marshaled the same evidence earlier in support of an unsuccessful motion to suppress, and entirely independent of any question of voluntariness, a defendant's case may stand or fall on his ability to convince the jury that the manner in which the confession was obtained casts doubts on its credibility."); see also State v. Williams, 01-1650, p. 8 (La.11/1/02), , (Statutory rule of La.C.Cr.
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State v. Dunn
831 So. 2d 862
La. 2002
11/1/02), , another decision rendered this date we stated: *881 Defendant's case is governed by the recent decision from the United States Supreme Court, Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct.