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5 Louisiana opinions name it 2 courts 1979–2005 0 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.
| Case | Followed | Cited |
|---|---|---|
Martin v. Comm-Care Corp.green1 sentence2005See also Martin v. Comm-Care Corporation d/b/a Community Care Center of Ruston, 03-3188 (La.2/6/04), 866 So.2d 225 , in which Justice Calogero again dissented from a writ denial, stating: "I continue to believe that the majority resolution of this prescription issue in LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226 , was wrong and that application of the faulty analysis in LeBreton serves in this case to cause a near-unconscionable result denying the rights of the survivors of the deceased asserted-victim of malpractice." While LeBreton attempted to clarify the law with regard to qual | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
LeBreton v. Rabito
green
2 sentences2005See also Martin v. Comm-Care Corporation d/b/a Community Care Center of Ruston, 03-3188 (La.2/6/04), 866 So.2d 225 , in which Justice Calogero again dissented from a writ denial, stating: "I continue to believe that the majority resolution of this prescription issue in LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226 , was wrong and that application of the faulty analysis in LeBreton serves in this case to cause a near-unconscionable result denying the rights of the survivors of the deceased asserted-victim of malpractice." While LeBreton attempted to clarify the law with regard to qual 2004I continue to believe that the majority's resolution of this prescription issue in LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226 , was wrong and that application of the faulty analysis in LeBreton serves in this case to cause a near-unconscionable result denying the rights of the survivors of the deceased asserted-victim of malpractice. | 2 | 2004–2005 |
Gunn v. Amica Mut. Ins. Co.
green
1 sentence1995Gunn v. Amica, supra. This is not a situation where the district court completely omitted a necessary instruction or gave a completely wrong charge; such cases usually result in de novo review. | 1 | 1995–1995 |
Doyle v. Picadilly Cafeterias
green
1 sentence1995Doyle v. Picadilly Cafeterias, supra. We look to the instructions as a whole and to the totality of the circumstances to determine whether the faulty instruction tainted the verdict. | 1 | 1995–1995 |
Sullivan v. Louisiana
green
2 sentences1993Our ruling in Dobson must be reconsidered in light of the U.S. Supreme Court decision in Sullivan v. Louisiana, ___ U.S. ___, 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993). 1993Our ruling in Dobson must be reconsidered in light of the U.S. Supreme Court decision in Sullivan v. Louisiana, ___ U.S. ___, 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993). | 1 | 1993–1993 |
State v. Stewart
neutral
1 sentence1979This Court has held that the unconstitutionality of a statute upon which a prosecution is based is a patent error, State v. Stewart, 325 So.2d 828 (La.1976), but it cannot be said that the prosecution here was so based simply because a single jury instruction was based *1350 upon an interpretation of the first and second degree murder statutes which we have held to be unconstitutional. | 1 | 1979–1979 |
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.