nunc pro tunc hearing (Louisiana) · Go Syfert
← Louisiana issues

nunc pro tunc hearing in Louisiana

25 Louisiana opinions name it 2 courts 1999–2025 2 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 (9)

CaseFollowedCited
State v. Snydergreen
la · 1999 · cited in 15 Louisiana opinions naming this issue, 2001–2025
2 sentences

2025Nomey, 613 So.2d [at] 161-62 . . ., or a nunc pro tunc hearing to determine competency retrospectively under State v. Snyder, [19]98- 1078 (La. 4/14/99), 750 So.2d 832 .” Seals, 2000-2738, p. 6, 831 So.2d at 833 .

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

415
State v. Nomeygreen
la · 1993 · cited in 14 Louisiana opinions naming this issue, 1999–2020
2 sentences

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

414
State v. Campergreen
lactapp · 2008 · cited in 2 Louisiana opinions naming this issue, 2020–2020
2 sentences

2020“A ‘meaningful’ determination is possible ‘where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time 13 of the original ... proceedings.’” State v. Camper, 08-0314, p. 17, n. 7 (La.App. 4 Cir. 10/1/08), 996 So.2d 571, 583 (quoting Snyder, 98-1078, p. 31, 750 So.2d at 855 .) “If a retrospective determination cannot be made, or if it is determined that defendant was not competent at the time of trial, the defendant shall be entitled to a new trial.” Id.

2020“A ‘meaningful’ determination is possible ‘where the state of the record, together with such additional evidence as may be relevant and available, permits an accurate assessment of the defendant's condition at the time 13 of the original ... proceedings.’” State v. Camper, 08-0314, p. 17, n. 7 (La.App. 4 Cir. 10/1/08), 996 So.2d 571, 583 (quoting Snyder, 98-1078, p. 31, 750 So.2d at 855 .) “If a retrospective determination cannot be made, or if it is determined that defendant was not competent at the time of trial, the defendant shall be entitled to a new trial.” Id.

22
State Ex Rel. Seals v. Stategreen
la · 2002 · cited in 9 Louisiana opinions naming this issue, 2006–2025
2 sentences

2025In terms of the burden of proof at the nunc pro tunc hearing, “[t]he State bears the burden of providing sufficient evidence for the court to make a rational decision.” Pullen, 2019-4, p. 8, 279 So.3d at 450 (citing Seals, 2000-2738, pp. 6-7, 831 So.2d at 834 ).

2025Nomey, 613 So.2d [at] 161-62 . . ., or a nunc pro tunc hearing to determine competency retrospectively under State v. Snyder, [19]98- 1078 (La. 4/14/99), 750 So.2d 832 .” Seals, 2000-2738, p. 6, 831 So.2d at 833 .

19
Willie Reynolds v. Larry Norris, Arkansas Department of Correctiongreen
ca8 · 1996 · cited in 1 Louisiana opinions naming this issue, 2025–2025
1 sentence

2025The meaningfulness of the nunc pro tunc hearing is important for ensuring “the defendant’s due process rights are adequately protected.” Pullen, 2019-4, pp. 7-8, 279 So.3d at 450 (citing Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996)).

11
State of Louisiana Versus Nicholas Pullengreen
lactapp · 2019 · cited in 1 Louisiana opinions naming this issue, 2025–2025
2 sentences

2025In terms of the burden of proof at the nunc pro tunc hearing, “[t]he State bears the burden of providing sufficient evidence for the court to make a rational decision.” Pullen, 2019-4, p. 8, 279 So.3d at 450 (citing Seals, 2000-2738, pp. 6-7, 831 So.2d at 834 ).

2025The meaningfulness of the nunc pro tunc hearing is important for ensuring “the defendant’s due process rights are adequately protected.” Pullen, 2019-4, pp. 7-8, 279 So.3d at 450 (citing Reynolds v. Norris, 86 F.3d 796, 802 (8th Cir. 1996)).

11
State v. Mathewsgreen
lactapp · 2001 · cited in 1 Louisiana opinions naming this issue, 2025–2025
1 sentence

2025App. 1 Cir. 9/28/01), 809 So.2d 1002, 1016 (citations omitted).

11
State v. Guzmangreen
la · 2000 · cited in 1 Louisiana opinions naming this issue, 2007–2007
1 sentence

2007Cf. State v. Robinson, 06-1406 (La.12/8/06), 943 So.2d 371 (appellate courts should refrain from setting aside guilty pleas resulting in dispositions favorable to the defendant on the basis of defects about which the defendant does not complain); State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136 (same); State v. Guzman, 99-1528, p. 6 (La.5/16/00), 769 So.2d 1158, 1162 (same).

11
United States v. Michael A. S. Makrisgreen
ca5 · 1976 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999United States v. Makris, 535 F.2d 899, 904 (5th Cir.1976).

11

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 (12)

CaseCitedYears
State v. Snyder green
la · 2004
2 sentences

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

22020–2020
Snyder v. Louisiana green
scotus · 2005
2 sentences

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

22020–2020
State v. Carney neutral
lactapp · 1995
2 sentences

2012In his pro se rebuttal brief, citing State v. Carney, 25,518 (La.App. 2 Cir. 10/13/95), 663 So.2d 470 , the defendant suggests that remand for a nunc pro tunc hearing is absurd.

2010In his pro se rebuttal brief, citing State v. Carney, 25,518 (La.App. 2 Cir. 10/13/95), 663 So.2d 470 , the defendant suggests that remand for a nunc pro tunc hearing is absurd.

22010–2012
State v. Willie green
lactapp · 2017
1 sentence

2019Id. at 1349-50 .

12019–2019
Juniors v. Louisiana neutral
scotus · 2007
2 sentences

2012In State v. Juniors, 05-649, p. 14 (La.App. 3 Cir. 12/30/05), 918 So.2d 1137, 1145 , writ denied, 06-267 (La.9/15/06), 936 So.2d 1257 , cert. denied, 549 U.S. 1226 , 127 S.Ct. 1293 , 167 L.Ed.2d 110 (2007), in considering whether the defendant’s conviction 114should result in nullification or a nunc pro tunc hearing, this court discussed Snyder and held: In the present case, Defendant was examined by the two members of the sanity commission.

2012In State v. Juniors, 05-649, p. 14 (La.App. 3 Cir. 12/30/05), 918 So.2d 1137, 1145 , writ denied, 06-267 (La.9/15/06), 936 So.2d 1257 , cert. denied, 549 U.S. 1226 , 127 S.Ct. 1293 , 167 L.Ed.2d 110 (2007), in considering whether the defendant’s conviction 114should result in nullification or a nunc pro tunc hearing, this court discussed Snyder and held: In the present case, Defendant was examined by the two members of the sanity commission.

12012–2012
State v. Aylor green
la · 1982
1 sentence

2012Nomey, supra; State v. Harris, 406 So.2d 128 (La.1981); State v. Aylor, 416 So.2d 927 (La.1982).

12012–2012
State v. Harris green
la · 1981
1 sentence

2012Nomey, supra; State v. Harris, 406 So.2d 128 (La.1981); State v. Aylor, 416 So.2d 927 (La.1982).

12012–2012
State v. Juniors green
lactapp · 2005
1 sentence

2012In State v. Juniors, 05-649, p. 14 (La.App. 3 Cir. 12/30/05), 918 So.2d 1137, 1145 , writ denied, 06-267 (La.9/15/06), 936 So.2d 1257 , cert. denied, 549 U.S. 1226 , 127 S.Ct. 1293 , 167 L.Ed.2d 110 (2007), in considering whether the defendant’s conviction 114should result in nullification or a nunc pro tunc hearing, this court discussed Snyder and held: In the present case, Defendant was examined by the two members of the sanity commission.

12012–2012
State v. Juniors neutral
la · 2006
1 sentence

2012In State v. Juniors, 05-649, p. 14 (La.App. 3 Cir. 12/30/05), 918 So.2d 1137, 1145 , writ denied, 06-267 (La.9/15/06), 936 So.2d 1257 , cert. denied, 549 U.S. 1226 , 127 S.Ct. 1293 , 167 L.Ed.2d 110 (2007), in considering whether the defendant’s conviction 114should result in nullification or a nunc pro tunc hearing, this court discussed Snyder and held: In the present case, Defendant was examined by the two members of the sanity commission.

12012–2012
State v. Robinson green
la · 2006
1 sentence

2007Cf. State v. Robinson, 06-1406 (La.12/8/06), 943 So.2d 371 (appellate courts should refrain from setting aside guilty pleas resulting in dispositions favorable to the defendant on the basis of defects about which the defendant does not complain); State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136 (same); State v. Guzman, 99-1528, p. 6 (La.5/16/00), 769 So.2d 1158, 1162 (same).

12007–2007
State v. Campbell green
la · 2001
1 sentence

2007Cf. State v. Robinson, 06-1406 (La.12/8/06), 943 So.2d 371 (appellate courts should refrain from setting aside guilty pleas resulting in dispositions favorable to the defendant on the basis of defects about which the defendant does not complain); State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136 (same); State v. Guzman, 99-1528, p. 6 (La.5/16/00), 769 So.2d 1158, 1162 (same).

12007–2007
State v. Bennett green
la · 1977
2 sentences

2004CONCLUSION After reviewing the record of the hearing conducted by the trial court, we find that the lower court has complied with the procedural due process requirements that must be afforded him under State v. Bennett, 345 So.2d 1129 . [12] The testimony and evidence presented during the nunc pro tunc hearing support the trial court's determinations of competency.

2004CONCLUSION After reviewing the record of the hearing conducted by the trial court, we find that the lower court has complied with the procedural due process requirements that must be afforded him under State v. Bennett, 345 So.2d 1129 . [12] The testimony and evidence presented during the nunc pro tunc hearing support the trial court's determinations of competency.

12004–2004

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:30.1 (9) LA § La. Rev. Stat. § 14:31 (6) LA § La. Rev. Stat. § 15:432 (5) LA § La. Rev. Stat. § 14:30 (3) LA § La. Rev. Stat. § 15:438 (3)

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

LA 25 (1999–2025) TX 23 (1971–2026) FL 14 (2000–2026) PA 13 (1994–2025) VA 5 (2025–2025) IL 4 (2006–2022) CA 4 (2013–2017) UT 3 (1982–2006) MI 2 (1975–1975) OK 2 (1984–1987) KY 2 (1947–1978) MO 2 (2023–2024) NV 2 (2021–2021)

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.

← Caselaw search · G Cite Topics · Brief Check