Fifth Amendment privilege (Louisiana) · Go Syfert
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Fifth Amendment privilege in Louisiana

169 Louisiana opinions name it 2 courts 1968–2026 8 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 (25)

CaseFollowedCited
State v. Browngreen
la · 1987 · cited in 11 Louisiana opinions naming this issue, 1988–2016
2 sentences

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

611
State v. Colemangreen
la · 1981 · cited in 9 Louisiana opinions naming this issue, 1983–2017
2 sentences

2015We note the following cases where a harmless error analysis was applied to affirm the trial court’s allowance of the Fifth Amendment privilege: See State v. Coleman, 406 So.2d 563 (La.1981) (finding no indication | ^that the witness’s testimony would have helped the defendant’s case); State v. Johnson, 404 So.2d 239 (La.1981), cert. denied sub nom.

2015We note the following cases where a harmless error analysis was applied to affirm the trial court’s allowance of the Fifth Amendment privilege: See State v. Coleman, 406 So.2d 563 (La.1981) (finding no indication | ^that the witness’s testimony would have helped the defendant’s case); State v. Johnson, 404 So.2d 239 (La.1981), cert. denied sub nom.

69
State v. Edwardsgreen
la · 1982 · cited in 8 Louisiana opinions naming this issue, 1987–2015
2 sentences

1992The privilege against self-incrimination is embodied in the Fifth Amendment to the United States Constitution and in Article I, Sect. 16, of the Louisiana Constitution (1974), which provides that “No person shall be compelled to give evidence against himself.” A witness may invoke the Fifth Amendment privilege against self-incrimination only in response to questions “where the defendant has reasonable cause to apprehend danger from a direct answer.” State v. Edwards, 419 So.2d 881 (La.1982); State v. Brown, 514 So.2d 99 (La.1987), cert. den., 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1

1992The privilege against self-incrimination is embodied in the Fifth Amendment to the United States Constitution and in Article I, Sect. 16, of the Louisiana Constitution (1974), which provides that “No person shall be compelled to give evidence against himself.” A witness may invoke the Fifth Amendment privilege against self-incrimination only in response to questions “where the defendant has reasonable cause to apprehend danger from a direct answer.” State v. Edwards, 419 So.2d 881 (La.1982); State v. Brown, 514 So.2d 99 (La.1987), cert. den., 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1

48
State v. Darbygreen
la · 1981 · cited in 5 Louisiana opinions naming this issue, 2000–2015
2 sentences

2007Privilege Against Self-Incrimination The defendant contends that the “trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination.” In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that “[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination].” However, the supreme court concluded that given the facts and circumsta

2007Privilege Against Self-Incrimination The defendant contends that the "trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination." In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that "[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination]." However, the supreme court concluded that given the facts and circumsta

45
Colorado v. Springgreen
scotus · 1987 · cited in 5 Louisiana opinions naming this issue, 1988–2015
2 sentences

2013Cf. Colorado v. Spring, 479 U.S. 564, 573-575 , 107 S.Ct. 851 , 93 L.Ed.2d 954 (1987) (Fifth Amendment privilege against self-incrimination waived when defendant received standard Miranda warnings regarding the nature of the right but not told the specific interrogation questions to be asked).

2013Cf. Colorado v. Spring, 479 U.S. 564, 573-575 , 107 S.Ct. 851 , 93 L.Ed.2d 954 (1987) (Fifth Amendment privilege against self-incrimination waived when defendant received standard Miranda warnings regarding the nature of the right but not told the specific interrogation questions to be asked).

35
Jenkins v. Andersongreen
scotus · 1980 · cited in 3 Louisiana opinions naming this issue, 1999–2015
33
Miranda v. Arizonagreen
scotus · 1966 · cited in 17 Louisiana opinions naming this issue, 1968–2025
2 sentences

2025In particular, the Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself . . . .” The United States Supreme Court held in Miranda “that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect 8 persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” 384 U.S. at 467, 86 S.Ct. at 1624.

2025In particular, the Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself . . . .” The United States Supreme Court held in Miranda “that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect 8 persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” 384 U.S. at 467, 86 S.Ct. at 1624.

217
State v. Berrygreen
la · 1975 · cited in 4 Louisiana opinions naming this issue, 1976–2012
2 sentences

1996In addressing the issue of whether it is permissible to allow a witness to assert his Fifth Amendment privilege in the presence of the jury, the Louisiana Supreme Court, in State v. Berry, 324 So.2d 822, 830 (La.1975), cert. denied, 425 U.S. 954 , 96 S.Ct. 1731 , 48 L.Ed.2d 198 (1976), stated: It is improper conduct for either the prosecution or the defense knowingly to call a witness who will claim a privilege, for the purpose of impressing upon the jury the fact of the claim of privilege.

1990Const. of 1974, Article I, Section 16, states that "No person shall be compelled to give evidence against himself." In addressing the issue of whether it is permissible to allow a witness to assert his Fifth Amendment privilege in the presence of the jury, the Louisiana Supreme Court, in State v. Berry, 324 So.2d 822 (La.1975), cert. denied, Berry v. Louisiana, 425 U.S. 954 , 96 S.Ct. 1731 , 48 L.Ed.2d 198 (1976), stated: It is improper conduct for either the prosecution or the defense knowingly to call a witness who will claim a privilege, for the purpose of impressing upon the jury the fact

24
State v. Bakergreen
la · 1973 · cited in 4 Louisiana opinions naming this issue, 1974–1978
2 sentences

1978This Court stated that "such an allegation does not, of itself, warrant severance since the co-defendants can plead the Fifth Amendment privilege against self-incrimination at the separate trials." See also, State v. Hunter, 340 So.2d 226 (La. 1976); State v. Baker, 288 So.2d 52 (La. 1973).

1978This Court stated that "such an allegation does not, of itself, warrant severance since the co-defendants can plead the Fifth Amendment privilege against self-incrimination at the separate trials." See also, State v. Hunter, 340 So.2d 226 (La. 1976); State v. Baker, 288 So.2d 52 (La. 1973).

24
State v. Bolengreen
la · 1976 · cited in 3 Louisiana opinions naming this issue, 1977–1987
23
State v. Carthangreen
la · 1979 · cited in 2 Louisiana opinions naming this issue, 1983–2003
22
United States v. Calandragreen
scotus · 1974 · cited in 2 Louisiana opinions naming this issue, 1990–1998
22
State v. Taylorgreen
la · 2003 · cited in 6 Louisiana opinions naming this issue, 2006–2026
2 sentences

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

16
State v. Mayeuxgreen
la · 1986 · cited in 5 Louisiana opinions naming this issue, 2000–2021
2 sentences

2021Id. at 705 .

2020See State v, Mayeux, 498 So. 2d 701, 705 ( La. 1986) ( finding the Fifth Amendment does not bar retrial when a jury's verdict, containing a nonwaivable defect, must be set aside by an appellate court); see also State v. Davenport, 13- 1859 ( La. 5/ 7/ 14), 147 So. 3d 137, 150 ( finding an illegal verdict constitutes neither an acquittal nor a conviction).

15
State v. Wilsongreen
la · 1981 · cited in 5 Louisiana opinions naming this issue, 1981–2015
2 sentences

1981Any prejudice to defendant by not requiring the witness to assert the Fifth Amendment privilege question by question, see State v. Wilson, 394 So.2d 254 (La. 1981), is minimal in light of the fact that defendant succeeded in putting into evidence an earlier statement by this witness which exculpated defendant.

1981Any prejudice to defendant by not requiring the witness to assert the Fifth Amendment privilege question by question, see State v. Wilson, 394 So.2d 254 (La. 1981), is minimal in light of the fact that defendant succeeded in putting into evidence an earlier statement by this witness which exculpated defendant.

15
United States v. Wadegreen
scotus · 1967 · cited in 5 Louisiana opinions naming this issue, 1970–1994
2 sentences

1970In Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the Supreme Court of the United States said: “ * * * The taking of the exemplars did not violate petitioner’s Fifth Amendment privilege against self-incrimination. * * A mere handwriting exemplar, in contrast to the content of what is written, like the voice or body itself, is an identifying physical characteristic outside its protection. * * * ” The court in Gilbert cited and relied upon Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966), and United States v. Wade, 388 U.S. 218 , 87 S.C

1970In Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the Supreme Court of the United States said: “ * * * The taking of the exemplars did not violate petitioner’s Fifth Amendment privilege against self-incrimination. * * A mere handwriting exemplar, in contrast to the content of what is written, like the voice or body itself, is an identifying physical characteristic outside its protection. * * * ” The court in Gilbert cited and relied upon Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966), and United States v. Wade, 388 U.S. 218 , 87 S.C

15
State v. Dotchgreen
la · 1974 · cited in 3 Louisiana opinions naming this issue, 1979–1991
13
State v. Smithgreen
lactapp · 1996 · cited in 2 Louisiana opinions naming this issue, 2000–2012
12
Hoffman v. United Statesgreen
scotus · 1951 · cited in 2 Louisiana opinions naming this issue, 1987–2010
12
State v. Brightgreen
la · 2000 · cited in 2 Louisiana opinions naming this issue, 2001–2007
12
Simmons v. United Statesgreen
scotus · 1968 · cited in 2 Louisiana opinions naming this issue, 1998–2006
12
Weiner v. Dayton Bar Ass'ngreen
scotus · 1975 · cited in 2 Louisiana opinions naming this issue, 1979–1991
12
Nelson v. Californiagreen
scotus · 1975 · cited in 2 Louisiana opinions naming this issue, 1979–1991
12
Johnson v. United Statesgreen
scotus · 1975 · cited in 2 Louisiana opinions naming this issue, 1979–1991
12
Cooks v. Rapides Parish Indigent Defender Boardgreen
lactapp · 1996 · cited in 1 Louisiana opinions naming this issue, 2023–2023
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Wilsongreen
la · 1981 · cited in 5 Louisiana opinions naming this issue, 1981–2015
2 sentences

1981Any prejudice to defendant by not requiring the witness to assert the Fifth Amendment privilege question by question, see State v. Wilson, 394 So.2d 254 (La. 1981), is minimal in light of the fact that defendant succeeded in putting into evidence an earlier statement by this witness which exculpated defendant.

1981Any prejudice to defendant by not requiring the witness to assert the Fifth Amendment privilege question by question, see State v. Wilson, 394 So.2d 254 (La. 1981), is minimal in light of the fact that defendant succeeded in putting into evidence an earlier statement by this witness which exculpated defendant.

25

Also cited on this issue (55)

CaseCitedYears
Schmerber v. California green
scotus · 1966
2 sentences

1986From Badon : "In Miranda v. Arizona, 384 U.S. 436, 444 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694 (1966), the Supreme Court held that `... the prosecution may not use statements, whether exculpatory and inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.' In Schmerber v. California, 384 U.S. 757, 761 , 86 S.Ct. 1826, 1830 , 16 L.Ed.2d 908 (1966), decided the same term, the court then emphasized that the Fifth Amendment privilege, and the coextensive Miranda safeguar

1986From Badon : "In Miranda v. Arizona, 384 U.S. 436, 444 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694 (1966), the Supreme Court held that `... the prosecution may not use statements, whether exculpatory and inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.' In Schmerber v. California, 384 U.S. 757, 761 , 86 S.Ct. 1826, 1830 , 16 L.Ed.2d 908 (1966), decided the same term, the court then emphasized that the Fifth Amendment privilege, and the coextensive Miranda safeguar

131968–2010
State v. Harris green
la · 1995
2 sentences

2018It is also correct that "[a]dmissions of identity at a multiple offender hearing implicate the defendant's Fifth Amendment privilege against self-incrimination." State v. Harris, 95-900, p. 1 (La. 5/19/95), 654 So.2d 680 , 680.

2018It is also correct that "[a]dmissions of identity at a multiple offender hearing implicate the defendant's Fifth Amendment privilege against self-incrimination." State v. Harris, 95-900, p. 1 (La. 5/19/95), 654 So.2d 680 , 680.

81996–2018
State v. Johnson green
la · 1983
2 sentences

2010State v. Johnson, 432 So.2d 815 (La.1983).

2010State v. Johnson, 432 So.2d 815 (La.1983).

81995–2010
Louisiana v. Haddad green
scotus · 2001
2 sentences

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

52007–2015
State v. Haddad green
la · 2000
2 sentences

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

52007–2015
Patterson v. United States green
scotus · 2001
2 sentences

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

2015In P.T., 970 So.2d at 1259 , this court quoted State v. Haddad, 99-1272, p. 5 (La.2/29/00), 767 So.2d 682, 686 , cert. denied, 531 U.S. 1070 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001), holding that “[a]s a general proposition, when faced with resolving the tension between a witness’s Fifth Amendment privilege against self-incrimination and a defendant’s Sixth Amendment right to present a defense, this court has consistently recognized the witness’s right not to incriminate himself.” Accordingly, we find that this assignment of error lacks merit.

52007–2015
State v. Martin green
la · 1983
2 sentences

2018However, in Harris , the supreme court also explained that: Nevertheless, multiple offender proceedings "simply should not be equated (at least for purposes of determining the validity of an admission) to trials of guilt or innocence." State v. Martin, 427 So.2d 1182 , 1185 (La.1983).

2018However, in Harris , the supreme court also explained that: Nevertheless, multiple offender proceedings "simply should not be equated (at least for purposes of determining the validity of an admission) to trials of guilt or innocence." State v. Martin, 427 So.2d 1182 , 1185 (La.1983).

42018–2018
Northern Group Services, Inc. v. State Farm Mutual Automobile Insurance green
scotus · 1988
2 sentences

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

41992–2015
Mercedes-Benz of North America, Inc. v. Metrix Warehouse, Inc. green
scotus · 1988
2 sentences

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

2015Subsequently, however, in State v. Brown, 514 So.2d 99 (La.1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), the supreme court articulated that a co-defendant’s blanket assertion of the Fifth Amendment privilege was appropriate.

41992–2015
Murphy v. Waterfront Commission of New York Harbor red
scotus · 1964
2 sentences

1988The statute requires not merely that evidence be excluded when such exclusion would deter wrongful police or prosecution conduct, but that the witness be left ‘in substantially the same position as if [he] had claimed the Fifth Amendment privilege.’ Kastigar v. United States, supra, 406 U.S. at 462 , 92 S.Ct. at 1666 , 32 L.Ed.2d at 227 ; Murphy v. Waterfront Commission, supra, 378 U.S. at 79 , 84 S.Ct. at 1609 , 12 L.Ed.2d at 695 . (footnote omitted) United States v. Kurzer, 534 F.2d 511, 516 (2d Cir.1976).

1988The statute requires not merely that evidence be excluded when such exclusion would deter wrongful police or prosecution conduct, but that the witness be left ‘in substantially the same position as if [he] had claimed the Fifth Amendment privilege.’ Kastigar v. United States, supra, 406 U.S. at 462 , 92 S.Ct. at 1666 , 32 L.Ed.2d at 227 ; Murphy v. Waterfront Commission, supra, 378 U.S. at 79 , 84 S.Ct. at 1609 , 12 L.Ed.2d at 695 . (footnote omitted) United States v. Kurzer, 534 F.2d 511, 516 (2d Cir.1976).

41988–2014
Kastigar v. United States green
scotus · 1972
2 sentences

2014The Supreme Court expressly noted that “full immunity from prosecution for the offense to which the compelled testimony relates, affords, the witness considerably broader protection j;han does the Fifth Amendment privilege.” Id. .

2014The Supreme Court expressly noted that “full immunity from prosecution for the offense to which the compelled testimony relates, affords, the witness considerably broader protection j;han does the Fifth Amendment privilege.” Id. .

41988–2014
Gilbert v. California green
scotus · 1967
2 sentences

2003In Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the United States Supreme Court held that the state's taking of a handwriting exemplar did not violate the accused's fifth amendment privilege.

2003In Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the United States Supreme Court held that the state's taking of a handwriting exemplar did not violate the accused's fifth amendment privilege.

41970–2003
People v. Varnum green
cal · 1967
2 sentences

1986People v. Varnum, 66 Cal.2d 808 , 59 Cal.Rptr. 108 , 427 P.2d 772 (1967).

1986People v. Varnum, 66 Cal.2d 808 , 59 Cal.Rptr. 108 , 427 P.2d 772 (1967).

41979–1986
Maryland v. Wallace green
scotus · 2004
2 sentences

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

32006–2026
In re Von Flowers green
scotus · 2004
2 sentences

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

32006–2026
Roadway Express, Inc. v. Fiske green
scotus · 2004
2 sentences

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

2026The Miranda holding “protects an individual’s Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.” State v. Taylor, 2001-1638 p. 6 (La.1/14/03), 838 So.2d 729, 739 , cert. denied, 540 U.S. 1103 , 124 S.Ct. 1036 , 157 L.Ed.2d 886 (2004).

32006–2026
Raffel v. United States green
scotus · 1926
31999–2015
Kilgore v. Duckworth green
scotus · 1982
2 sentences

2007Privilege Against Self-Incrimination The defendant contends that the “trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination.” In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that “[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination].” However, the supreme court concluded that given the facts and circumsta

2007Privilege Against Self-Incrimination The defendant contends that the "trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination." In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that "[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination]." However, the supreme court concluded that given the facts and circumsta

32007–2015
Kelley v. Lane green
scotus · 1982
2 sentences

2007Privilege Against Self-Incrimination The defendant contends that the “trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination.” In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that “[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination].” However, the supreme court concluded that given the facts and circumsta

2007Privilege Against Self-Incrimination The defendant contends that the "trial court denied [him] due process of law and the right to present witnesses in his defense when it permitted Steven James Reinholdt to enter a blanket Fifth Amendment privilege against self-incrimination." In State v. Darby, 403 So.2d 44, 48 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the supreme court held that "[i]t is reversible error to allow a witness to claim a blanket privilege [against self-incrimination]." However, the supreme court concluded that given the facts and circumsta

32007–2015
Graham v. Alabama green
scotus · 1982
32007–2015
Crawford v. Washington green
scotus · 2004
32005–2013
State v. Leger green
la · 2006
32008–2012
Combs v. Tennessee green
scotus · 1976
31990–2012
Berry v. Louisiana green
scotus · 1976
31990–2012
State v. Jones green
lactapp · 1990
31993–1996
Lefkowitz v. Turley green
scotus · 1973
21993–2025
State v. PT green
lactapp · 2007
22015–2015
State v. Johnson green
la · 1981
22015–2015
Bowsher v. Merck & Co. green
scotus · 1982
22015–2015
Odom v. Florida green
scotus · 1982
22015–2015
Schmedt v. De Baca green
scotus · 1982
22015–2015
Culombe v. Connecticut green
scotus · 1961
22003–2014
State v. Gerard green
lactapp · 1996
22000–2012
State v. Smith green
lactapp · 2004
22005–2006
Namet v. United States green
scotus · 1963
22004–2005
United States v. Martin green
ca10 · 1975
21999–2000
State v. Broussard green
la · 1990
21993–1996
State v. Ghoram green
la · 1976
21979–1988
Commonwealth v. Benson green
pasuperct · 1980
21981–1986
Trail v. State green
tenncrimapp · 1974
21981–1986

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:30.1 (31) LA § La. Rev. Stat. § 15:529.1 (23) LA § La. Rev. Stat. § 14:64 (16) LA § La. Rev. Stat. § 15:451 (16) LA § La. Rev. Stat. § 3 (14) LA § La. Rev. Stat. § 14:27 (13) LA § La. Rev. Stat. § 14:30 (13) LA § La. Rev. Stat. § 1 (12) LA § La. Rev. Stat. § 14:10 (10) LA § La. Rev. Stat. § 14:95.1 (9) LA § La. Rev. Stat. § 40:966 (9) LA § La. Rev. Stat. § 15:438 (7)

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.

Where else courts name it

CA 752 (1959–2026) TX 744 (1967–2026) OH 511 (1966–2026) NY 416 (1956–2026) PA 384 (1963–2026) IL 369 (1959–2026) FL 283 (1966–2025) IN 255 (1970–2026) NJ 234 (1959–2026) MI 232 (1949–2026) MD 212 (1966–2026) WA 207 (1965–2026) TN 204 (1968–2026) DC 181 (1968–2024) CO 177 (1970–2026) LA 169 (1968–2026) AZ 155 (1966–2025) MO 154 (1971–2021) WI 142 (1972–2026) AL 142 (1968–2024) MA 136 (1969–2026) VA 132 (1967–2026) MS 121 (1971–2026) KS 114 (1974–2026) MN 111 (1970–2025) GA 106 (1972–2026) CT 105 (1968–2024) IA 99 (1966–2026) ID 99 (1972–2025) OR 97 (1968–2026) NC 96 (1966–2026) NM 83 (1966–2026) AR 68 (1970–2020) KY 64 (1970–2026) ME 64 (1973–2025) UT 62 (1967–2025) VT 61 (1979–2026) NV 61 (1965–2022) RI 55 (1971–2024) OK 52 (1972–2022) WV 50 (1975–2025) NE 49 (1968–2022) ND 45 (1974–2024) DE 45 (1972–2025) WY 42 (1966–2025) MT 41 (1964–2018) AK 39 (1971–2025) SC 38 (1976–2026) SD 35 (1975–2025) NH 33 (1970–2023) HI 33 (1970–2020) VI 10 (1985–2025) GU 9 (1978–2026) PR 3 (1970–2004) MP 2 (1988–1995)

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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