Cited by
Opinions in Louisiana that cite State v. Montgomery, 432 So. 2d 234.
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State v. Eberhardt
145 So. 3d 377
La. 2014
-37 (La.1983); State v. Riser, 30,201 (La.App.
- STATE OF LOUISIANA v. JAMAL C. TAYLOR AND KELIN A. STEVENS (Parish of Jefferson) STATE OF LOUISIANA v. … La. 2014
- State v. Wiggins 139 So. 3d 1 La. Ct. App. 1st Cir. 2014
- State v. Draughter 130 So. 3d 855 La. 2013
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State v. Drayton
63 So. 3d 319
La. Ct. App. 2d Cir. 2011
State v. West, 33,133 (La.App.2d cir.3/1/00), .
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Touchet v. Broussard
31 So. 3d 986
La. 2010
This Court and other appellate courts have recognized the limited effect of an automatic pardon on other rights as follows; an automatic pardon does not prevent a person from being convicted of unlawful possession of a weapon on the basis of the first felony conviction, does not alter the prohibition against certain sentence suspensions, State v. Derouin, 00-1150 (La.App.
- State v. Washington 846 So. 2d 723 La. 2003
- State v. Washington 846 So. 2d 723 La. 2003
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State v. Moore
847 So. 2d 53
La. Ct. App. 3d Cir. 2003
For example, a first offender pardon does not preclude the consideration of a first felony conviction when adjudicating a person as a habitual offender, does not prevent a person from being convicted of unlawful possession of a weapon on the basis of the first felony conviction, does not alter the prohibition against certain sentence suspensions, State v. Derouin, 00-01150 (La.
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State v. Derouin
778 So. 2d 1186
La. Ct. App. 3d Cir. 2001
the supreme court explained that the automatic pardon provision did not erase a defendant's status as a convicted felon for purposes of the prohibition against a felon possessing a firearm under La.R.S.
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State v. West
754 So. 2d 408
La. Ct. App. 2d Cir. 2000
Thereafter, the Louisiana Supreme Court held that the prohibition of LSA-R.S.
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Catanese v. Louisiana Gaming Control Bd.
712 So. 2d 666
La. Ct. App. 1st Cir. 1998
In a subsequent case, the supreme court held that even certain rights of citizenship may be restricted by the state.
- Eicher v. LA. STATE POLICE, RIVERBOAT GAMING ENFOR. DIV. 710 So. 2d 799 La. Ct. App. 1st Cir. 1998
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State v. Riser
704 So. 2d 946
La. Ct. App. 2d Cir. 1997
Following Adams , the issue, which is the subject matter underlying this appeal
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Davis v. Louisiana State Bd. of Nursing
691 So. 2d 170
La. Ct. App. 1st Cir. 1997
wherein the court held that the legislature has the authority under its police power to limit the "rights of citizenship" restored by an automatic pardon by the provisions of LSA-R.S.
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Dear v. State
682 So. 2d 862
La. Ct. App. 2d Cir. 1996
a previously convicted felon challenged the denial of his right to possess a firearm under La.
- State v. Schrader 518 So. 2d 1024 La. 1988
- State v. Moore 493 So. 2d 628 La. 1986
- State v. Bates 462 So. 2d 158 La. 1985
- State v. Jones 447 So. 2d 1050 La. 1984
- State v. Jackson 439 So. 2d 622 La. Ct. App. 1st Cir. 1984
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State ex rel. Wiggins v. State
440 So. 2d 753
La. 1983
However, this Court has determined that when relator was resentenced by the trial judge on June 2,1983 in precise response to this Court’s ruling in State v. Wiggins, No. 82-KA-0474, May 23, 1983, , the sentence was silent with respect to credit for time served.
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State v. Wiggins
438 So. 2d 565
La. 1983
For majority opinion of the Court, see La., .