Legal Opinion

State v. Hamdan

Supreme Court of Louisiana

Decided March 19, 2013No. 2012-KK-1986PublishedCited by 33 opinions

1Opinion of the Court

WEIMER, Justice.1

_JjWe granted certiorari in this case to consider the criteria by which the courts of this state are to evaluate a criminal defendant’s previous conviction in a foreign jurisdiction during a habitual offender adjudication under La. R.S. 15:529.1(A). When a predicate offense does not necessarily include conduct criminal under Louisiana law, the conviction cannot lead to an enhanced penalty. In determining whether the predicate offense satisfies this criteria, courts are not confined to an examination of the applicable laws and the charging instrument of the foreign…

2Cases cited25 opinions

  1. Pereira v. United StatesSupreme Court of the United States · 1954
  2. State v. SmithSupreme Court of Louisiana · 2000
  3. Dowling v. United StatesSupreme Court of the United States · 1985
  4. United States v. RoselliCourt of Appeals for the Ninth Circuit · 1970
  5. Evans v. United StatesSupreme Court of the United States · 1971

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3Cited by33 opinions

  1. State v. ArmsteadLouisiana Court of Appeal · 2015
  2. State v. FranklinLouisiana Court of Appeal · 2014
  3. State v. FranklinLouisiana Court of Appeal · 2013
  4. State v. MarcelinLouisiana Court of Appeal · 2013
  5. State of Louisiana v. Channing R. GraySupreme Court of Louisiana · 2017

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