Supreme Court of Louisiana, 2018

State v. McGhee

Supreme Court of Louisiana · Decided September 21, 2018 · Hughes

252 So. 3d 895 (Southern Reporter, Third Series)

Cases that cite this one

9 later published cases cite this decision.

State v. Robinson (La. Ct. App. 2018)
State of Louisiana v. Arec J. Billiot (La. Ct. App. 2025)
State v. Ford (La. Ct. App. 2019)
State v. Ford (La. Ct. App. 2019)
State v. McGhee (La. Ct. App. 2019)
State v. McGhee (La. Ct. App. 2019)
State of Louisiana Versus Derrick A. Ford, Jr. (La. Ct. App. 2019)
State of Louisiana v. Chadwick McGhee (La. Ct. App. 2019)
State of Louisiana v. Chadwick McGhee (La. Ct. App. 2019)

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 of the Court

PER CURIAM:

Writ granted. Defendant, charged with second degree kidnapping, was found guilty of simple kidnapping. This court determined in State v. Price , 17-K-0520 (La. 6/27/18), 250 So.3d 230, that guilty of simple kidnapping is not responsive to a charge of second degree kidnapping. In addition, the return of a nonresponsive verdict constitutes an error patent reviewable even in the absence of a defense objection. La.C.Cr.P. 920 ; State v. Mayeux , 498 So.2d 701, 703 (La. 1986) ; State v. Thibodeaux , 380 So.2d 59 (La. 1980) ; State v. Vincent , 387 So.2d 1097 (La. 1980). Therefore, we grant the application to remand to the court of appeal to reconsider its affirmance of defendant's conviction in light of State v. Price .

REMANDED

Concurring Opinion

Hughes, J., concurring.

I concur. In Price , because the jury's return of the non-responsive verdict was an implicit acquittal of the crime charged, *896we remanded to enter a post-verdict judgment of acquittal.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.