understanding doctrine in Louisiana

24 Louisiana opinions name it 2 courts 1981–2023 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 (5)

Case	Followed	Cited
United States v. Elder, Mark A.green ca7 · 2006 · cited in 7 Louisiana opinions naming this issue, 2008–2023 2 sentences 2023See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006) (“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)].... 2018State v. Lee, 2005-2098 (La. 1/16/08), 976 So.2d 109 , 127, cert. denied, 555 U.S. 824 , 129 S.Ct. 143 , 172 L.Ed.2d 39 (2008), citing United States v. Elder, 466 F.3d 1090 , 1091 (7th Cir. 2006) ("The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs.").	7	7
Murray v. United Statesgreen scotus · 1988 · cited in 6 Louisiana opinions naming this issue, 2008–2023 2 sentences 2023See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006) (“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)].... 2023See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006) (“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)]....	6	6
State v. Straingreen la · 1991 · cited in 11 Louisiana opinions naming this issue, 1991–2006 2 sentences 2001Nevertheless, as pointed out by the Louisiana Supreme Court in Strain , "determining the defendant's understanding of his waiver of counsel in a guilty plea to an uncomplicated misdemeanor requires less judicial inquiry than determining his understanding of his waiver of counsel for a felony trial" and that "the crime of driving while intoxicated is a non-complex crime, even among misdemeanors, and is almost self-explanatory." 585 So.2d at 544 ; See also Boudreaux, 756 So.2d at 511 . 2000Nevertheless, as pointed out by the Louisiana Supreme Court in Strain , "determining the defendant's understanding of his waiver of counsel in a guilty plea to an uncomplicated misdemeanor requires less judicial inquiry than determining his understanding of his waiver of counsel for a felony trial" and that "the crime of driving while intoxicated is a non-complex crime, even among misdemeanors, and is almost self-explanatory." Strain, supra, 585 So.2d at 544 .	3	11
State v. Rheagreen lactapp · 2004 · cited in 1 Louisiana opinions naming this issue, 2018–2018 1 sentence 2018"However, the entry of a knowing and intelligent plea of guilty involves more than an understanding and waiver of the basic triad of rights." Rhea , 04-0091, pp. 3-4, 876 So.2d 131 , 134.	1	1
State v. Boudreauxgreen lactapp · 2000 · cited in 1 Louisiana opinions naming this issue, 2001–2001 1 sentence 2001Nevertheless, as pointed out by the Louisiana Supreme Court in Strain , "determining the defendant's understanding of his waiver of counsel in a guilty plea to an uncomplicated misdemeanor requires less judicial inquiry than determining his understanding of his waiver of counsel for a felony trial" and that "the crime of driving while intoxicated is a non-complex crime, even among misdemeanors, and is almost self-explanatory." 585 So.2d at 544 ; See also Boudreaux, 756 So.2d at 511 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

Case	Cited	Years
State v. Marcoux neutral la · 1997 2 sentences 2000State v. Inzina, 31,439 (La.App.2d Cir. 12/9/98), 728 So.2d 458, 464 ; State v. Marcoux, 96 0453 (La.App. 1st Cir.3/27/97), 691 So.2d 775 , writ denied, 97-1079 (La.1997), 695 So.2d 984 . 1997Strain was followed in State v. Marcoux, 96-0453 (La.App. 1st Cir. 3/27/97), 691 So.2d 775 , writ denied 97-1079 (La. 6/13/97), 695 So.2d 984 .	2	1997–2000
State v. Marcoux green lactapp · 1997 2 sentences 2000State v. Inzina, 31,439 (La.App.2d Cir. 12/9/98), 728 So.2d 458, 464 ; State v. Marcoux, 96 0453 (La.App. 1st Cir.3/27/97), 691 So.2d 775 , writ denied, 97-1079 (La.1997), 695 So.2d 984 . 1997Strain was followed in State v. Marcoux, 96-0453 (La.App. 1st Cir. 3/27/97), 691 So.2d 775 , writ denied 97-1079 (La. 6/13/97), 695 So.2d 984 .	2	1997–2000
State v. Smith green lactapp · 1987 2 sentences 1997This circuit has followed Boykin and adopted the rationale of LaFleur in a number of cases beginning with State v. Smith, 513 So.2d 544 (La.App. 2 Cir.1987), wherein this court held that the entry of a knowing and intelligent guilty plea involves more than an understanding and a waiver of the three basic rights and that the court must consider not only the colloquy concerning the waiver of rights but also other factors which may influence defendant's decision to plead guilty. 1989State v. Smith, 513 So.2d 544 (La.App. 2d Cir.1987).	2	1989–1997
State v. Pichon green lactapp · 1996 1 sentence 2018"In determining whether the defendant's plea is knowing and voluntary, the court must not only look to the colloquy concerning the waiver of rights, but may also look at other factors which may have a bearing on the decision." Pichon , 96-0886, p. 2 , 684 So.2d at 503 .	1	2018–2018
State v. Lee green la · 2008 1 sentence 2018State v. Lee, 2005-2098 (La. 1/16/08), 976 So.2d 109 , 127, cert. denied, 555 U.S. 824 , 129 S.Ct. 143 , 172 L.Ed.2d 39 (2008), citing United States v. Elder, 466 F.3d 1090 , 1091 (7th Cir. 2006) ("The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs.").	1	2018–2018
Miranda v. Arizona green scotus · 1966 2 sentences 2016Detective Thomas testified at the suppression hearing concerning the defendant’s signing of his warnings pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), as well as the defendant’s understanding of those warnings and the consequences of any statement. 2016Detective Thomas testified at the suppression hearing concerning the defendant’s signing of his warnings pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), as well as the defendant’s understanding of those warnings and the consequences of any statement.	1	2016–2016
State v. Barron green lactapp · 2000 1 sentence 2001The circumstances surrounding the instant predicate plea are similar to the facts of State v. Barron, 32-960, (La.App. 2 Cir.4/5/00), 758 So.2d 965 , 967-968 since in Barron , the trial judge did not specifically inquire into defendant's literacy and competency in accepting an uncounselled DWI plea.	1	2001–2001
State v. Inzina green lactapp · 1998 1 sentence 2000State v. Inzina, 31,439 (La.App.2d Cir. 12/9/98), 728 So.2d 458, 464 ; State v. Marcoux, 96 0453 (La.App. 1st Cir.3/27/97), 691 So.2d 775 , writ denied, 97-1079 (La.1997), 695 So.2d 984 .	1	2000–2000
State v. Strain green lactapp · 1991 1 sentence 1997State v. Strain, 585 So.2d 540, 543-44 (La.1991), affirming 573 So.2d 517 (La.App. 1st Cir.1990).	1	1997–1997
Aldridge v. United States green scotus · 1931 2 sentences 1981La.Const. 1974, Art. 1, § 17; Aldridge v. United States, 283 U.S. 308 , 51 S.Ct. 470 , 75 L.Ed. 1054 (1931); State v. Dixon, 365 So.2d 1310 (La.1978). 1981La.Const. 1974, Art. 1, § 17; Aldridge v. United States, 283 U.S. 308 , 51 S.Ct. 470 , 75 L.Ed. 1054 (1931); State v. Dixon, 365 So.2d 1310 (La.1978).	1	1981–1981
State v. Dixon green la · 1978 1 sentence 1981La.Const. 1974, Art. 1, § 17; Aldridge v. United States, 283 U.S. 308 , 51 S.Ct. 470 , 75 L.Ed. 1054 (1931); State v. Dixon, 365 So.2d 1310 (La.1978).	1	1981–1981

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:95.1 (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

NY 49 (1889–2026) IL 43 (1963–2026) PA 37 (1929–2023) CA 31 (1918–2026) LA 24 (1981–2023) GA 16 (1934–2024) OR 13 (1923–2021) TX 13 (1936–2024) NJ 10 (1952–2017) MO 9 (1898–2017) OH 9 (1934–2020) FL 8 (1989–2023) MI 8 (1872–2023) VA 8 (1925–2010) WA 8 (1973–2020) UT 7 (2012–2023) AL 7 (1887–2012) MD 6 (1993–2023) WY 5 (1974–2003) MA 5 (1985–2018) DC 5 (1974–2025) KY 5 (2006–2021) OK 5 (1909–1994) IA 4 (1924–2021) DE 4 (1934–2025) CT 4 (1993–2011) MT 4 (1977–2021) CO 3 (1991–2018) MN 3 (1891–1980) WI 3 (1978–2016) RI 3 (2010–2019) SD 2 (1913–1913) VT 2 (1986–2025) AZ 2 (2005–2006) IN 2 (2015–2019) HI 2 (1994–2005) NH 2 (1977–2013) KS 2 (1911–2020) NC 2 (1967–1976)

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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