State v. McGhee

Supreme Court of Louisiana

Decided September 21, 2018

Supreme Court of Louisiana · decided 2018-09-21

Cited by 3 later decisions — most recently June 2019

3 state decisions

Key passage — most relied on by later courts

“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 .”

quoted by 1 later decision, including State v. McGhee

Relies on 498 So. 2d 701 - State v. Mayeux · 387 So. 2d 1097 - State v. Vincent · 380 So. 2d 59 - State v. Thibodeaux

Good law ✅— No negative treatment on recordhow we know

Decided 2018-09-21

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PER CURIAM:

¶1Writ 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 .

¶2REMANDED

Hughes, J., concurring.

¶3I 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.