Cited by
Opinions in Louisiana that cite State v. Matthews, 324 So. 2d 822.
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State v. Martin
486 So. 2d 333
La. Ct. App. 1st Cir. 1986
Art. 651, Official Revision Comment (a); State v. Berry, La., (1975).
- State v. Victores 486 So. 2d 897 La. Ct. App. 1st Cir. 1986
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State v. Necaise
466 So. 2d 660
La. Ct. App. 5th Cir. 1985
Art. 651, Official Revision Comment (a); State v. Berry, La., (1975).
- Barley v. State, Through State Dept. of Hwys. 463 So. 2d 689 La. Ct. App. 4th Cir. 1985
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State v. Williams
461 So. 2d 1118
La. Ct. App. 5th Cir. 1984
State v. Kelly, supra; State v. Holmes, 258 La.
- State v. Brogdon 457 So. 2d 616 La. 1984
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State v. Brogan
453 So. 2d 325
La. Ct. App. 3d Cir. 1984
Art. 651, Official Revision Comment (a); State v. Berry, La., (1975).
- State v. Glass 455 So. 2d 659 La. 1984
- State v. Pettaway 450 So. 2d 1345 La. Ct. App. 2d Cir. 1984
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State v. Welch
448 So. 2d 705
La. Ct. App. 1st Cir. 1984
In the only Louisiana case dealing with this privilege, the Louisiana Supreme Court held the trial court did not err in finding the primary purpose of the minister's visit was not to seek spiritual advice or consolation.
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State v. Trevathan
432 So. 2d 355
La. Ct. App. 1st Cir. 1983
Finally, it is well-settled that claims of privilege are preferably determined outside of the presence of the jury, cert.
- State v. Narcisse 426 So. 2d 118 La. 1983
- State v. Felde 422 So. 2d 370 La. 1982
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State v. Edwards
420 So. 2d 663
La. 1982
Art. 651, Official Revision Comment (a); State v. Berry, La., (1975).
- State v. Edwards 419 So. 2d 881 La. 1982
- State v. Smith 408 So. 2d 1110 La. 1981
- State v. Johnson 404 So. 2d 239 La. 1981
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State v. Day
400 So. 2d 622
La. 1981
(1975), this Court stated at 830: "It is improper conduct for either the prosecution or the defense knowingly to call a witness who will claim a privilege, for the purpose of impressing upon the jury the fact of the claim of privilege.
- Criticized State v. Sayles 395 So. 2d 695 La. 1981
- State v. Lee 395 So. 2d 700 La. 1981
- State v. Roy 395 So. 2d 664 La. 1981
- State v. Bowden 385 So. 2d 787 La. 1980
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State v. Carter
383 So. 2d 357
La. 1980
The State first contends that the trial court correctly found that examination of the defendant by a state physician, while defendant was in custody, (La.
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State v. Walker
376 So. 2d 92
La. 1979
there the defendant had pleaded not guilty by reason of insanity, and, in response to his application, a lunacy commission was appointed.
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State v. Abercrombie
375 So. 2d 1170
La. 1979
State v. Plaisance, 252 La.
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State v. Lecompte
371 So. 2d 239
La. 1979
Art. 651, Official Revision Comment (a); State v. Berry, La., (1975).
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State v. Dupre
369 So. 2d 1303
La. 1979
In light of the continuing validity of the McNaughten rule in Louisiana, it is clear that the trial judge correctly charged the jury on this issue.
- State v. Andrews 369 So. 2d 1049 La. 1979
- State v. Lighten 367 So. 2d 372 La. 1979
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State v. Weber
364 So. 2d 952
La. 1978
State v. Jones, La., (1978); State v. Johanson, La., (1976); State *957 v. Berry, La., (1975); State v. Rideau, 249 La.
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Acosta v. Cary
365 So. 2d 4
La. Ct. App. 4th Cir. 1978
The question is one of privacy rather than patient-physician privilege because plaintiff was never a patient of defendant and therefore the privilege does not attach; State v. Berry, La.1975, , cert.
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State v. Aucoin
362 So. 2d 503
La. 1978
(1975), is dispositive of this objection.
- State v. Willie 360 So. 2d 813 La. 1978
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State v. Jones
359 So. 2d 95
La. 1978
State v. Rideau, 249 La.
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State v. Williams
349 So. 2d 286
La. 1977
we held that claims of privilege are preferably determined outside the presence of the jury, since undue weight may be given by a jury to the claim of privilege and due to the impossibility of cross-examination on its assertion.
- State v. Daigle 344 So. 2d 1380 La. 1977
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State v. Joseph
341 So. 2d 861
La. 1977
This was not an action initiated by the State to have the witness claim the privilege against self-incrimination as defendants contend, to the effect that it is improper to knowingly call a witness who will claim a privilege for the sole purpose of impressing the jury with the fact that the witness claims the privilege.
- State v. Fletcher 341 So. 2d 340 La. 1976
- State v. Watkins 340 So. 2d 235 La. 1976
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State v. Sharp
338 So. 2d 654
La. 1976
State v. Nix, Mule and Fulford
- State v. Lawson 338 So. 2d 627 La. 1976
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State v. Johanson
332 So. 2d 270
La. 1976
State v. Plaisance, 252 La.
- State v. Rudolph 332 So. 2d 806 La. 1976
- State v. Duhon 332 So. 2d 245 La. 1976
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State v. Ball
328 So. 2d 81
La. 1976
We so held recently, , 827 (1974), in rejecting a defendant's claim to privilege founded upon that statute.