# State of Louisiana v. Robert Glen Coleman

> Supreme Court of Louisiana · February 26, 2016 · 188 So. 3d 174

URL: https://www.frixlaw.com/law-library/cases/9821851

## Case

- **Full name:** STATE of Louisiana v. Robert Glen COLEMAN
- **Court:** Supreme Court of Louisiana
- **Decided:** February 26, 2016
- **Citations:** 188 So. 3d 174; 2016 La. LEXIS 370; 2016 WL 765557
- **Precedential status:** Published
- **Opinion:** Dissent by Weimer
- **Judges:** Johnson, Knoll, Weimer, Gtjidry, Clark
- **Cited by:** 44 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9821851

## Opinion text

WEIMER, J.,
dissenting in part.
hi respectfully dissent from the majority opinion insofar as it vacates the ' defen-' dant’s sentence and remands this case for a new sentencing hearing. The general rule is that “[a]n irregularity or error cannot be availed of after verdict unless it was objected to at the time of the occurrence.” La. C.Cr.P. art. 841. This rule, commonly known as the contemporaneous objection rule, was extended to apply to the penalty phase of capital trials in State v. Wessinger, 98-1234, p. 20 (La.5/28/99), 736 So.2d 162, 181 .
In this case, there is no dispute, and the majority opinion acknowledges, thát “defendant did not lodge a contemporaneous objection to Rogers’ testimony.” Op. at 227. As a result, under prevailiflg' jurisprudence, defendant failed to preserve his claim of a Jackson 1 violation for réview. La. C.Cr.P. art. 841; Wessinger , 98-1234 at 20, 736 So.2d at 181 .
I would affirm the judgment below in its entirety, ...
GTJIDRY, Justice, dissents in part for the reasons, assigned by Justice WEIMER.
CLARK, J., dissents in part for the reasons'assigned by Justice WEIMER.
. State v. Jackson, 608 So.2d 949 (La.1992).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9821851. Public record. Not legal advice.