State v. Young

6 Citing cases

  1. State v. BJ McElveen

    2023 KA 0939 (La. Ct. App. Dec. 30, 2024)

    According to the record, it appears the State's production of discovery included copies of the lab reports as attachments. SeeState v. Young, 552 So.2d 669, 672 (La.App. 2d Cir. 1989).

  2. State v. Runnels

    101 So. 3d 1046 (La. Ct. App. 2013)   Cited 15 times
    In State v. Runnels, 12–167 (La.App. 3 Cir. 11/7/12), 101 So.3d 1046, another case cited by the defendant, this court affirmed a ten-year hard-labor sentence for a simple burglary, with three years suspended and four years supervised probation.

    It is immaterial who prepared the report, as long as the witness can testify to the fact after refreshing his or her memory because the testimony of the witness is the evidence, not the writing itself. State v. Young, 552 So.2d 669 (La.App. 2 Cir.1989). Lieutenant Johnson was called as a defense witness.

  3. State v. Runnels

    No. 12-167 (La. Ct. App. Nov. 7, 2012)

    It is immaterial who prepared the report, as long as the witness can testify to the fact after refreshing his or her memory because the testimony of the witness is the evidence, not the writing itself. State v. Young, 552 So.2d 669 (La.App. 2 Cir. 1989).

  4. State v. Johnson

    812 So. 2d 106 (La. Ct. App. 2002)   Cited 19 times
    In State v. Johnson, 01-0842 (La. App. 5 Cir. 2/13/02), 812 So.2d 106, writ denied, 02-1037 (La. 3/21/03), 840 So.2d 532, this Court affirmed defendant's convictions for two counts of armed robbery and enhanced life sentence as a multiple offender.

    Further, when a writing is used to refresh a witness' memory, "it is the testimony and not the writing which is the evidence." State v. Young, 552 So.2d 669 (La.App. 2 Cir. 1989). In this case, it is clear that the writing was specifically used to refresh Ms. George's memory and it was not used for impeachment purposes, as now alleged by defendant.

  5. State v. Garris

    603 So. 2d 277 (La. Ct. App. 1992)   Cited 18 times

    It is not the writing that is the evidence but the testimony of the witnesses (emphasis added). State v. Young, 552 So.2d 669 (La.App. 2d Cir. 1989); LSA-C.E. Art. 612(B). The record does not reflect that the witness was reading his report into evidence.

  6. State v. Lewis

    567 So. 2d 726 (La. Ct. App. 1991)   Cited 11 times
    In State v. Lewis, 567 So.2d 726 (La.App. 2 Cir. 1990), reh'g denied, writ denied, 575 So.2d 364 (La. 1991), the trial court imposed a total term of imprisonment of forty years resulting from two consecutive twenty-year sentences for a defendant after his conviction on two counts of distribution of cocaine.

    Further, the crime lab reports were properly introduced pursuant to La.R.S. 15:499-15:501. State v. Young, 552 So.2d 669 (La.App. 2d Cir. 1989). These assignments are without merit.