by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.La. Cr.P. §...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:(1) Race, religion, color or...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Evidence not fairly within the scope of the opening statement of the state shall not be admitted in evidence.If the state offers evidence that was inadvertently and in good faith omitted from the opening statement, the court, in its discretion may admit the evidence...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Unless the defendant has been granted pretrial discovery, if the state intends to introduce a confession or inculpatory statement in evidence, it shall so advise the defendant in writing prior to beginning the state’s opening statement. If it fails to do so a...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The state shall not, in the opening statement, advert in any way to a confession or inculpatory statement made by the defendant unless the statement has been previously ruled admissible in the case.La. Cr.P. § 767Acts 1995, No. 1278, §1.
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