practically conclusive presumption (Louisiana) · Go Syfert
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practically conclusive presumption in Louisiana

5 Louisiana opinions name it 2 courts 1981–1986 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.

Followed or applied (1)

CaseFollowedCited
State v. Goetzgreen
la · 1979 · cited in 5 Louisiana opinions naming this issue, 1981–1986
2 sentences

1986In Goetz, 374 So.2d at 1220 , the court succinctly stated the rationale behind requiring the state to strictly comply with the regulations: Because an intoxication test conducted with chemicals of inferior quality could bring to bear a practically conclusive presumption of guilt against an innocent person, it is essential that the officially promulgated methods, procedures and techniques include a thorough analysis of the chemicals by a chemist under laboratory conditions to insure that they are of proper composition, strength and volume at the time a test is conducted.

1984State v. Gregory, supra. The rationale behind requiring strict compliance with these regulations (namely the D.P.S. intoxication test regulations) was set forth clearly in State v. Goetz, 374 So.2d 1219, 1220 (La.1979): "Because an intoxication test conducted with chemicals of inferior quality could bring to bear a practically conclusive presumption of guilt against an innocent person, it is essential that the officially promulgated methods, procedures and techniques include a thorough analysis of the chemicals by a chemist under laboratory conditions to insure that they are of proper composit

25

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. Gregory green
la · 1981
1 sentence

1984State v. Gregory, supra. The rationale behind requiring strict compliance with these regulations (namely the D.P.S. intoxication test regulations) was set forth clearly in State v. Goetz, 374 So.2d 1219, 1220 (La.1979): "Because an intoxication test conducted with chemicals of inferior quality could bring to bear a practically conclusive presumption of guilt against an innocent person, it is essential that the officially promulgated methods, procedures and techniques include a thorough analysis of the chemicals by a chemist under laboratory conditions to insure that they are of proper composit

11984–1984
State v. Green green
la · 1982
1 sentence

1983In State v. Green, 418 So.2d 609 (La.1982), the defendant in that case was charged with negligent homicide.

11983–1983

Statutes the citing opinions construe

LA § La. Rev. Stat. § 32:662 (5) LA § La. Rev. Stat. § 32:663 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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