State v. Williams

15 Citing cases

  1. State v. Hutsell

    241 So. 3d 542 (La. Ct. App. 2018)   Cited 7 times

    State v. Nicholson , supra , citing State v. Byrne , 483 So.2d 564 (La.1986), cert. denied , Byrne v. Louisiana, 479 U.S. 871, 107 S.Ct. 243, 93 L.Ed.2d 168 (1986).In State v. Ingram , 29,172, p. 17 (La. App. 2 Cir. 1/24/97), 688 So.2d 657, 667 (citing State v. Joseph , 437 So.2d 280, 283 (La. 1983) ; State v. Williams , 26,655, p. 5 (La. App. 2 Cir. 3/1/95), 651 So.2d 331, 334 ), the appellate court opined that "[a] witness's voluntary, unresponsive testimony which implicates a defendant in other crimes does not require a mistrial, at least where the form of the prosecutor's question does not indicate bad faith."We find the testimony by Ms. Songer was not an irrelevant or immaterial remark or comment, nor was it unresponsive to the State's questioning.

  2. State v. Friday

    No. 2010 KA 2309 (La. Ct. App. Jun. 17, 2011)

    State v. Tribbet, 415 So.2d 182, 184-85 (La. 1982); State v. Henson, 351 So.2d 1169, 1170-71 (La. 1977). See State v. Williams, 26,655, pp. 3-5 (La. App. 2d Cir. 3/1/95), 651 So.2d 331, 333-34, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. We note, as well, that defense counsel did not request an admonition by the trial court.

  3. State v. Boutte

    27 So. 3d 312 (La. Ct. App. 2009)   Cited 3 times

    When a police officer makes such a reference, factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir. 9/27/95), 661 So.2d 603, writ denied, 95-2576 (La.2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La.9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.

  4. State v. Hall

    986 So. 2d 863 (La. Ct. App. 2008)   Cited 14 times
    In State v. Hall, 43,125 (La.App. 2 Cir. 6/4/08), 986 So.2d 863, writ denied, 08-1511 (La. 3/13/09), 5 So.3d 116, a prospective juror stated the defendant scared her.

    He concedes that the court cautioned the state to make no further reference to inappropriate matters, but the prejudice was so great that only a mistrial would cure it. In support he cites State v. Williams, 26,655 (La.App. 2 Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. The state responds that it never said why Hall was "in jail"; a rational juror could have inferred it was for the instant offense rather than some other.

  5. State v. Jones

    942 So. 2d 1215 (La. Ct. App. 2006)   Cited 11 times

    Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.

  6. State v. Brooks

    914 So. 2d 110 (La. Ct. App. 2005)   Cited 7 times

    When a police officer makes such a reference, factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir.9/27/95), 661 So.2d 603, writ denied, 95-2576 (La. 2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant.

  7. State v. Gatti

    914 So. 2d 74 (La. Ct. App. 2005)   Cited 47 times
    Detailing the evidence against Gatti

    Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.

  8. State v. Kemp

    896 So. 2d 349 (La. Ct. App. 2005)   Cited 21 times

    Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir.9/27/95), 661 So.2d 603, writ denied, 95-2576 (La. 2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.

  9. State v. Clem

    779 So. 2d 763 (La. Ct. App. 2000)   Cited 6 times

    State v. Jones, supra. In State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448, the prosecutor made a facetious remark while questioning the defendant that might be construed to indicate that the prosecutor thought the defendant was guilty. As an alternate possible response to a question, the prosecutor said to the defendant: "Or could it be that I believe the charges are true also, couldn't it?"

  10. State v. Keys

    694 So. 2d 1107 (La. Ct. App. 1997)   Cited 21 times
    In State v. Keys, 29,369 (La.App.2d Cir.1997), 694 So.2d 1107,writs denied,97–1387, 97–1497 (La.10/31/97), 703 So.2d 21, there was sufficient evidence to show that the defendant was the same person as the previously convicted felon to support multiple offender sentencing, even though the bills of information charging prior felony convictions did not contain his fingerprints; his identity was adequately established by documentary evidence, including transcripts of Boykin hearings and sentencing hearings for prior felonies, together with positive identification by the probation and parole specialist who had supervised the defendant, and corroborating identification from law enforcement officers.

    A witness's voluntary, unresponsive testimony which implicates a defendant in other crimes does not require a mistrial, at least where the form of the prosecution's question does not indicate bad faith. State v. Joseph, 437 So.2d 280 (La. 1983); State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied 95-0777 (La. 9/15/95), 660 So.2d 448. Further, "vague, non-pointed statements" do not constitute other crimes evidence.