conflict between waiver (Louisiana) · Go Syfert
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conflict between waiver in Louisiana

5 Louisiana opinions name it 2 courts 1977–2024 1 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
North Carolina v. Alfordgreen
scotus · 1970 · cited in 3 Louisiana opinions naming this issue, 1994–2024
2 sentences

1995As the United States Supreme Court indicated in North Carolina v. Alford, 400 U.S. 25, 37 , 91 S.Ct. 160, 167 , 27 L.Ed.2d 162 (1970), "An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime." Because of the importance of protecting the innocent and of insuring that guilty pleas are a product of free and intelligent choice, pleas coupled with claims of innocence should not be accepted "unless there is a factual basis for the plea

1995As the United States Supreme Court indicated in North Carolina v. Alford, 400 U.S. 25, 37 , 91 S.Ct. 160, 167 , 27 L.Ed.2d 162 (1970), "An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime." Because of the importance of protecting the innocent and of insuring that guilty pleas are a product of free and intelligent choice, pleas coupled with claims of innocence should not be accepted "unless there is a factual basis for the plea

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Francis green
la · 2003
1 sentence

2005Considering that important distinction, this court held that the purported Alford plea was actually the equivalent of a nolo contendre plea, which "reliev[ed] the trial court of the burden to resolve the conflict between a waiver of trial and a claim of innocence." Id.

12005–2005
Fisk v. Moores green
la · 1845
1 sentence

1977The existence of the lessor's privilege is dependent upon two elements: (1) a lease between the parties, ( Fisk v. Moores, 11 Rob. 279 (La.1845)) and (2) the presence of the effects in the premises.

11977–1977

Where else courts name it

OH 15 (1982–2026) CA 11 (1958–2022) IL 11 (1909–1984) AZ 10 (1977–2025) CO 8 (1982–2025) TX 7 (1983–2015) AL 7 (1985–2026) UT 5 (1993–2020) LA 5 (1977–2024) IN 5 (1979–2016) MO 4 (1988–2017) IA 4 (1905–2017) ID 4 (1966–1992) GA 4 (1900–2013) NM 3 (2010–2020) MA 3 (1995–2010) NV 3 (1937–1996) CT 3 (1976–1997) KS 3 (2009–2024) FL 3 (1955–1998) MN 3 (1990–2019) MI 3 (1983–2013) TN 2 (2000–2015) PA 2 (1973–2007) DC 2 (1991–2014) NE 2 (1989–2006) MS 2 (1951–2022) NY 2 (1979–1985) OK 2 (1959–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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