Legal Opinion

State v. Barnes

Supreme Court of Louisiana

Decided January 26, 2012No. 2012-KD-267PublishedCited by 1 opinion

1Per curiam

_JjWrit granted. The ruling of the trial court is reversed. The trial judge specifically found that the state did not solicit the brief, unresponsive remark made by the police officer.1 This Court “has generally *1009recognized that a police officer’s unsolicited, unresponsive reference to another crime by the defendant is not the comment of a court official under [the mandatory mistrial provisions of La.C.Cr.P.] Article 770.” State v. Harris, 383 So.2d 1, 9 (La.1980). A mistrial is therefore not warranted when a police officer’s unsolicited testimony refers directly or indirectly to another crime…

2Cases cited6 opinions

  1. State v. EdwardsSupreme Court of Louisiana · 1982
  2. State v. NuccioSupreme Court of Louisiana · 1984
  3. State v. SchwartzSupreme Court of Louisiana · 1978
  4. State v. HarperSupreme Court of Louisiana · 1983
  5. State v. HayesSupreme Court of Louisiana · 1982

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3Cited by1 opinion

  1. State v. JohnsonLouisiana Court of Appeal · 2017

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