Cited by
Opinions in Louisiana that cite State v. Lewis, 48 So. 3d 1073.
- State of Louisiana v. John Honore La. Ct. App. 4th Cir. 2025
- State of Louisiana v. Caiden J Fruge La. Ct. App. 4th Cir. 2025
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State of Louisiana v. Armond Jamar Burgy
La. Ct. App. 2d Cir. 2024
10/22/10), State v. Lanclos, 419 So.
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State of Louisiana v. Tyler Nicholas Benoit
La. Ct. App. 3d Cir. 2024
10/22/10), a sixteen- year-old male watched a fight between friends, Bush and Crain, as a bystander.
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State of Louisiana v. Daniel Ralph Haire
La. Ct. App. 2d Cir. 2024
10/22/10), and by this court in State v. Gaines, 52,536 (La.
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State of Louisiana v. Gerald West
La. Ct. App. 4th Cir. 2023
10/22/10), –78 (“In considering the nature of the offense, both the trial court and reviewing court may assess whether the crime for which defendant has been convicted adequately describes his conduct when the conviction is for a lesser included responsive offense to the crime charged[,]” while “accord[ing] paramount im
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State of Louisiana v. Dillon Floyd Bazar
La. Ct. App. 2d Cir. 2023
10/22/10), and by this court in State v. Gaines, 52,536 (La.
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State of Louisiana v. Jeremy Jermaine Green
La. Ct. App. 2d Cir. 2023
10/22/10), -78, the proper perspective from which to approach sentence review in the present case accords paramount importance to the nature of the conduct proved at trial.
- State of Louisiana Versus Maurice T. Leach AKA "marlo" La. Ct. App. 5th Cir. 2022
- State of Louisiana v. El Jerico Jermiah Bartie La. Ct. App. 3d Cir. 2022
- State of Louisiana v. Sam Clark, Jr. La. Ct. App. 3d Cir. 2019
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State v. Daniels
275 So. 3d 380
La. Ct. App. 1st Cir. 2019
10/22/10), , 1078 (citing State v. Lanclos , , 478 (La.
- State v. Gaines 266 So. 3d 948 La. Ct. App. 2d Cir. 2019
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State of Louisiana v. Paul Knatt
La. Ct. App. 3d Cir. 2019
10/22/10), a sixteen-year-old male watched a fight between friends, Bush and Crain, as a bystander.
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State v. Knatt
265 So. 3d 840
La. Ct. App. 1st Cir. 2019
10/22/10), , a sixteen-year-old male watched a fight between friends, Bush and Crain, as a bystander.
- State of Louisiana v. Katron v. Richard A/K/A Katron Richard La. Ct. App. 3d Cir. 2019
- State v. Katron 265 So. 3d 1058 La. Ct. App. 1st Cir. 2019
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State v. Baugh
262 So. 3d 312
La. Ct. App. 1st Cir. 2018
10/22/10), , 1078, the Court quoted Porter , 93-1106, p. 4, 639 So.2d at 1140 : "Treating the jury's prerogative to return a responsive verdict similar to the jury's power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evid
- State v. Little 252 So. 3d 1038 La. Ct. App. 2d Cir. 2018
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State v. Becnel
250 So. 3d 1207
La. Ct. App. 1st Cir. 2018
10/22/10), , 1078 (citing State v. Lanclos , , 478 (La.
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State of Louisiana v. Ryan Christopher Cole
La. Ct. App. 3d Cir. 2018
10/22/10), (reinstated a thirty-year sentence for a sixteen year old defendant who shot a friend in the head).
- State v. Gaines 247 So. 3d 1061 La. Ct. App. 2d Cir. 2018
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State of Louisiana v. Deonta Ware
La. Ct. App. 3d Cir. 2017
State v. Lewis, 09-1404 (La.10/22/10), - 1078.
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State of Louisiana v. Austin Benjamin Cedars
La. Ct. App. 3d Cir. 2017
10/22/10), the supreme court reinstated a thirty-year sentence for manslaughter where the defendant had picked up a gun while watching two friends fight and shot one of the combatants in the head, killing him.
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State v. Walker
206 So. 3d 474
La. Ct. App. 1st Cir. 2016
10/22/10), ; State v. Bright, 98-0398 (La.
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State v. Garrison
184 So. 3d 164
La. Ct. App. 1st Cir. 2015
granted, 09-1404 (La.04/30/10), , aff'd in part and rev’d in part, 09-1404 (La.10/22/10), (Defendant, a 16-year-old first-time offender, was | ^convicted of manslaughter after killing an eighteen-year-old and received a thirty-year sentence.)
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State v. Rouser
158 So. 3d 860
La. Ct. App. 1st Cir. 2015
In State v. Lewis, 09-1404 (La.10/22/10), , a sixteen-year-old male *874 watched a fight between friends, Bush and Crain, as a bystander.
- State of Louisiana v. Jonathan Hopkins La. Ct. App. 3d Cir. 2014
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State v. Ross
137 So. 3d 759
La. Ct. App. 1st Cir. 2014
See State v. Lewis, 09-1404, p. 8 (La.10/22/10), ("Treating the jury’s prerogative to return a responsive verdict similar to the jury's power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evidence clearly and overwhelmingly supported a conviction of the
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State of Louisiana v. Jeremy Osborn
La. Ct. App. 3d Cir. 2013
10/22/10), a sixteen-year-old male watched a fight between friends, Bush and Crain, as a bystander.
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State v. Osborn
127 So. 3d 1087
La. Ct. App. 1st Cir. 2013
In State v. Lewis, 09-1404 (La.10/22/10), , a sixteen-year-old male watched a fight between friends, Bush and Crain, as a bystander.
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State v. Pham
119 So. 3d 202
La. Ct. App. 5th Cir. 2013
See also State v. Lewis, 09-1404 (La.10/22/10); , where the Louisiana Supreme Court reinstated the 16-year-old first time offender’s sentence, originally vacated by this Court, finding that the trial court acted within its discretion when it imposed a 30-year sentence for defendant’s manslaughter conviction.
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State v. Carmouche
117 So. 3d 136
La. Ct. App. 1st Cir. 2013
An analysis of the issue herein is found in State v. Lewis, 09-1404 (La.10/22/10), .
- State of Louisiana v. Jamal James Carmouche La. Ct. App. 3d Cir. 2013
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State v. Harris
105 So. 3d 914
La. Ct. App. 5th Cir. 2012
In State v. Lewis, 09-1404 (La.10/22/10); , cited by the State, the Louisiana Supreme Court reinstated the 16-year-old first time offender’s sentence, originally vacated by this Court, finding that the trial court acted within its discretion when it imposed a 30-year sentence for defendant’s manslaughter conviction.
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State v. Jones
81 So. 3d 236
La. Ct. App. 2d Cir. 2011
State v. Lewis, 2009-1404 (La.10/22/10), ; State v. Brown, 42,054 (La.App.
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State v. Cooks
81 So. 3d 932
La. Ct. App. 1st Cir. 2011
Contrast the broad statement in the cases cited above, that specific intent to kill may be inferred from a defendant’s pointing and firing a gun at a person, with the narrower statement in a more recent decision by the Louisiana Supreme Court, State v. Lewis, 2009-1404 (La.10/22/10), , that it is “settled jurisprudence that specific intent to kill may be inferred from the act of pointing a gun and firing at a person in close proximity.” Lewis, 2009-1404, p. 5, 48 So.3d at 1076 (emphasis added) (
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State v. Jones
80 So. 3d 500
La. Ct. App. 1st Cir. 2011
State v. Lewis, 2009-1404 (La.10/22/10), ; State v. Germany, 43,239 (La.App.2d Cir.4/30/08), .