State v. Pierre
Cases that cite this one
52 later published cases cite this decision. The 25 that cite it most often are listed here.
- State v. Brundy (La. Ct. App. 2016)
- State v. Davis (La. Ct. App. 2006)
- State v. Spurlock (La. 2015)
- State v. Whitley (La. Ct. App. 2014)
- State v. Guillory (La. Ct. App. 2013)
- State v. Biddy (La. Ct. App. 2013)
- State of Louisiana v. Rosheed Guillory (La. Ct. App. 2013)
- Deidre Pierre v. Mariana Leger (5th Cir. 2012)
- State v. Campbell (La. Ct. App. 2007)
- State of Louisiana v. El Jerico Jermiah Bartie A/K/A El Jerico Bartie (La. Ct. App. 2020)
- State v. White (La. Ct. App. 2019)
- State v. White (La. Ct. App. 2019)
- State v. Dubroc (La. Ct. App. 2018)
- State v. Dubroc (La. Ct. App. 2018)
- State v. Dubroc (La. Ct. App. 2018)
- State v. Dubroc (La. Ct. App. 2018)
- State of Louisiana v. Bishop Slade Dubroc (La. Ct. App. 2018)
- State of Louisiana v. Bishop Slade Dubroc (La. Ct. App. 2018)
- State v. Mahogany (La. Ct. App. 2017)
- State v. Robinson (La. Ct. App. 2014)
- State v. Bell (La. Ct. App. 2014)
- State v. Carter (La. Ct. App. 2013)
- State v. Ray (La. Ct. App. 2013)
- State v. Thompson (La. Ct. App. 2012)
- State v. Howard (La. Ct. App. 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE of Louisiana
v.
Deidre Antoinette PIERRE.
Supreme Court of Louisiana.
*322 PER CURIAM.
Writ Granted; Conviction and Sentence Reinstated; Case Remanded. Although it remains the preferred method for the district court to advise a defendant of her right to trial by jury in open court before obtaining a waiver, such a practice is not statutorily required. See La.C.Cr.P. art. 780; State v. Kahey, 436 So.2d 475, 486 (La. 1983); State v. Muller, 351 So.2d 143, 146-47 (La. 1977). Likewise, it is preferred but not necessary, for the defendant to waive her right to jury trial personally. State v. Wolfe, 98-0345, pp. 6-7 (La.App. 4th Cir.4/21/99), 738 So.2d 1093, 1097. Counsel may waive the right on the defendant's behalf, provided that the defendant's decision to do so was made knowingly and intelligently. Id.; Kahey, 436 So.2d at 486-87.
In the instant case, the record reflects that counsel waived a jury trial on the defendant's behalf. On the second day of trial, the district court memorialized the defendant's earlier waiver in her presence. At this time, defense counsel stated that he and his client had discussed the waiver at length and on several occasions, and that both agreed to the waiver. In these circumstances, the court of appeal erred in its determination that the defendant did not waive her right to a jury trial knowingly and intelligently.
Accordingly, we reverse the court of appeal, reinstate the defendant's conviction and sentence, and remand the case to the court of appeal to consider the defendant's remaining claims.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.